July 9, 2023

Current Affairs

Standing up for National Anthem

Context: An executive magistrate in Srinagar has sent 11 men to jail after they were detained for allegedly not rising for the National Anthem at an event on June 25 where J&K Lt Governor Manoj Sinha was present.

Bound Down In legal terms, to be “bound down” means to be required to appear before the investigating officer or the court on a given date. The expression is usually used in court orders to indicate that an accused is “bound” by surety or personal guarantee to appear before authorities.

Provision of CrPC used for arrest

Section 107 Of CrPC

“It authorises a Magistrate, in case of emergency when breach of peace is imminent, to order the accused person to agree to a bond which asks him to maintain peace for the prescribed period of time, not exceeding one year, as the Judge thinks would fit.”

Section 151 of CrPC

“A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

Such a detention period should not exceed twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Code or of any other law for the time being in force.”

Standing up for national anthem

Constitutional Provisions

Art 19(1)(a) provides for freedom of speech and expression
Art 19(2) put restriction on the freedom provided under article 19(1)(a) in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence
Art 25 provides for Freedom of conscience and free profession, practice and propagation of religion subject to public order, morality and health and to the other provisions of Part 3.
In Part 4A, under Art 51A(a) every citizen has a duty to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

The Prevention of Insults to National Honour Act, 1971

Section 3 of The Prevention of Insults to National Honour Act, 1971 prescribes jail up to three years and/ or a fine for “intentionally preventing the singing of the National Anthem or causing disturbance to any assembly engaged in such singing”.

Issues

Whether mere standing and not singing the national anthem under a religious belief can be protected under Article 19 (1) (a) and 25 (1) of the Constitution of India.
Art 51A(a) of the Constitution makes it every citizen’s duty to “abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem”

The Issue arises because these provisions neither expressly spell out the proper way to show respect, nor do they talk about sitting or standing while the national anthem plays.

Supreme Court Cases

Bijoe Emmanual & Others v. State of Kerala & Ors, 1986

In this case, Hon'ble Supreme court (SC) granted protection to three children of Jehovas witness Sect, who didn’t join in singing of national anthem but stand respectfully at their school. The court held that forcing the children to sing national anthem is a violation of their fundamental right to religion.

Shyam Narayan Chouksey v. Union of India

Supreme Court said that

Article 25 (“Freedom of conscience and free profession, practice and propagation of religion was incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country’s Constitution.
SC passed an interim order that “All the cinema halls in India shall play the National Anthem before the feature film starts and all present in the hall are obliged to stand up to show respect to the National Anthem.”
The court had also ordered that “entry and exit doors shall remain closed” when the Anthem is played, and that “when the National Anthem shall be played…it shall be with the National Flag on the screen”

Later, in 2018, the order passed was modified to the extent that playing of the National Anthem prior to the screening of feature films in cinema halls is not mandatory, but optional or directory.

Instruction for Correct use of National Anthem by Ministry of Home Affairs (MOHA)
Instructions have been issued by MOHA from time to time about the correct versions of the Anthem, the occasions on which these are to be played or sung, and about the need for paying respect to the anthem by observance of proper decorum on such occasions.

In an order issued by, the Ministry of Home Affairs (MHA) had stated that “whenever the anthem is played, the audience shall stand to attention”.
“However, when in the course of a newsreel or documentary the anthem is played as a part of the film, it is not expected of the audience to stand as standing is bound to interrupt the exhibition of the film and would create disorder and confusion rather than add to the dignity of the anthem,” the ministry added.

Constitutional Patriotism

Constitutional Patriotism is a German Jurisprudence concept which indicated complete devotion to constitutional principles as a way of encouraging social cohesion and dwells on building a common identity for all its citizens over their individual culture, religion tradition etc., thereby making the constitutional principles as binding factors and nothing else.

The idea was introduced by the German philosopher Karles Jaspers after World War II to inculcate the feelings of unity among the German people.
It was believed to be a kind of solidarity that is different from the context of nationalism and the ideas of a single community.

However, in this context, the Supreme Court has used this concept to play the national anthem as a means to instill patriotism and nationalism which is symbolic of the nation and not of the constitution.

Difference between Nationalism, Cosmopolitanism and Constitutional Patriotism

In general, the concept of constitutional patriotism designates the idea that political attachment ought to center on the norms, the values, and, more indirectly, the procedures of a liberal democratic constitution.
Thus, political allegiance is owed, primarily, neither to a national culture, as proponents of liberal nationalism have claimed, nor to “the worldwide community of human beings,” as, for instance, Martha Nussbaum's conception of cosmopolitanism has it.
Constitutional patriotism promises a form of solidarity distinct from both nationalism and cosmopolitanism.

How the Performance Grading Index assesses states in school education

Context: The Education Ministry released Sunday's latest Performance Grading Index (PGI) edition. This relatively new index measures the performance of states in school education.

How is PGI worked out?

It assesses states’ performance in school education based on data drawn from several sources, including the Unified District Information System for Education Plus, National Achievement Survey, and Mid-Day Meal.
States are scored on a total of 1,000 points across 70 parameters, which are grouped under five broad categories:

Access (e.g. enrolment ratio, transition rate and retention rate);
Governance and management;
Infrastructure;
Equity (difference in performance between scheduled caste students and general category students) and
Learning outcomes (average score in mathematics, science, languages and social science).

States are graded and not ranked to discourage the practice of one improving only at the cost of others, “thereby casting a stigma of underperformance on the latter”.
According to the government, the objective is to help the states prioritise areas for intervention in school education.
The Education Ministry released the first PGI in 2019 for the reference year 2017-18.

What does the grading system reflect?

The PGI grading system has 10 levels.
Level 1 indicates top-notch performance and a score between 951 and 1,000 points.
Level II, or Grade 1++, indicates a score between 901 and 950.
Those with Grade 1+ (or Level III) have scored between 851 and 900.
The lowest is Grade VII, which means a score between 0 and 550 points.

How have states performed this time?

In PGI 2019-20, no state or Union Territory could achieve the highest grade, that is Level I.
Even in the 2017-18 and 2018-19 editions, no state had reached Level 1 and Grade 1++.
Chandigarh, Punjab, Tamil Nadu, Andaman, Nicobar, and Kerala scored more than 90% and obtained Grade 1++ (or Level II), making them the best-performing states.
This is the first time that any state has reached Level II.
The top-performing states of Gujarat, Chandigarh, and Kerala in 2018-19 were given Grade 1+ (or Level III), which is a score between 851 and 900 points.
Only the UT of Ladakh has been placed in the lowest grade, Grade VII, but that’s because it was the first time it was assessed after it was carved out of Jammu and Kashmir in 2019.

What are the areas where the states still have to improve?

According to the report, states and UTs mainly need to improve their performance in terms of governance processes.
This domain carries several parameters, including teacher availability, teachers’ training, regular inspection, and availability of finances.
In the domain of Governance Processes, there are 24 States/UTs which have scored less than 288 (80% of the maximum possible score). It implies that this is the area many States and UTs must focus on.
The PGI too accords the highest importance to this Domain because compliance with the indicators here will lead to critical structural reforms in areas ranging from monitoring the attendance of teachers to ensuring transparent recruitment of teachers and principals.
The second area that requires attention is the Domain for Infrastructure and Facilities, where twenty States/UTs have scored less than 120 (80% of the maximum possible score in this domain).
Two States, Bihar (81) and Meghalaya (87) recorded the lowest scores in this domain.
This is a cause for concern as a proper school building with adequate facilities is a must to improve the overall quality of school education.

Delimitation

Context: The recent announcement made by the Prime Minister of India during the inauguration of the new Parliament building highlighted a plan to expand the representation in Lok Sabha by increasing the number of seats and Members of Parliament (MPs).

What is Delimitation?

Delimitation refers to the process of redrawing the boundaries of constituencies or electoral areas. This process is carried out periodically to ensure that each constituency has a roughly equal number of voters, based on the principle of "one vote, one value."
After each census, a readjustment is to made in (a) allocation of seats in the Lok Sabha to the States, and (b) division of each state into territorial constituencies.
Parliament is empowered to determine the authority and the manner in which it is to be made.
Delimitation is necessary because population distribution changes over time, with some areas experiencing significant growth while others may decline. This can result in a situation where certain constituencies have a much larger or smaller number of voters compared to others, leading to an imbalance in representation.

About Delimitation Commission:

Delimitation Commission is appointed by the President of India.
Composition: Chief Election Commissioner, Retired Judge of Supreme Court and Election Commissioner of the concerned State.
Orders of Delimitation Commission cannot be called in question before any court of law.
The copies of its orders are laid before the House of People and State Legislative Assembly concerned, but no modifications are permissible therein by them.

Impact of Delimitation:

Balancing the Political Power: Delimitation can alter the distribution of political power among different regions and communities. The Redrawal of the constituencies can impact the electoral prospects of political parties and candidates, potentially impacting the political dynamics and power balance within a particular region or state. E.g., During 2008 delimitation exercise, Jharkhand witnessed a significant realignment of political power when the boundaries of constituencies were redrawn.
Addressing Demographic Shifts: In 2002, constituencies in states like Maharashtra and Tamil Nadu were redefined to address the substantial population growth in urban areas. It paved the way for better reflection of population changes and ensured that urban centers had adequate representation in the legislative bodies.
Minority Representation: Delimitation exercises have been instrumental in ensuring better representation for minority communities. In the 2008 delimitation exercise, constituencies in regions with a significant concentration of minority communities, such as Malappuram in Kerala, were adjusted to ensure their political interests were adequately represented.
Enhanced Gender Representation: Delimitation exercises have also contributed to improving gender representation in politics. E.g., during the 2008 delimitation exercise, the constituencies in certain states were redrawn to facilitate reservation of seats for women in local bodies, thereby promoting greater participation of women in the political process.
Fair Representation: Delimitation aims to ensure fair representation by readjusting the boundaries of constituencies based on population changes. It helps in balancing the number of voters per representative, ensuring that each vote holds relatively equal weight and upholding the democratic principle of "one person, one vote."

Issues associated with Delimitation:

The delimitation exercise, aimed at rearranging and standardizing the number of people per constituency, may result in decreased representation for States that have achieved population stabilization. E.g., Kerala, Tamil Nadu. It may lead to increased representation for States that are still experiencing population growth and have not yet achieved stability.
Delimitation exercises often face challenges in implementation due to logistical and administrative issues. For instance, the delimitation exercise planned for the state of Jammu and Kashmir faced delays and obstacles due to the unique circumstances and complexities of the region.

Roadmap for Future

The Commission can choose to implement freezing of seats, until all States have achieved population stabilization.
Alternatively, Commission can develop a customized mathematical model inspired by the 'Cambridge Compromise'. This model would aim to provide a mathematically equitable formula for the allocation of seats, similar to the apportionment of seats in the European Parliament. #Best Practice
It is essential to ensure that the delimitation process is carried out fairly, transparently, and with adequate consideration for the interests of all communities and regions.