Polity

All (4049)Current Affairs (4038)Mains Practice (126)Mains PYQs by Subjects (40)

Time to consider Right Against Disability-based Bias a Fundamental Right: SC

Context: While ruling that visually-impaired candidates are eligible to participate in selection for the posts under the judicial service, the Supreme Court of India has recently emphasised the need to consider the right against disability-based discrimination as a fundamental right. 

The landmark ruling will ensure that visually impaired candidates will now be eligible to participate in the selection process for judicial service posts.

Relevance of the Topic: Prelims: Right against disability-based discrimination; Rights of Persons with Disabilities (RPwD) Act, 2016.

Background of the case

  • The case dealt with provisions in the Madhya Pradesh Judicial Service Examination (Recruitment and Conditions of Service) Rules, 1994, and the Rajasthan Judicial Service Rules, 2010. 
  • Petitioners sought amendments to these rules to bring them in compliance with the RPwD Act, ensuring equal opportunities for visually impaired candidates.

Key Highlights of the Judgment

  • Fundamental Right against disability-based discrimination:
    • The Supreme Court recognised the right against disability-based discrimination as a fundamental right and placed it at the same level as other constitutional rights. 
    • This recognition is in accordance with the Rights of Persons with Disabilities (RPwD) Act, 2016.
  • Outcome of the Judgement:
    • Authorities were directed to proceed with the selection process in light of this ruling and complete it within three months.
    • Rule 6A of MP Rules, 1994, was struck down as it excluded visually impaired persons from selection to judicial services despite their educational qualifications.
    • Proviso to Rule 7 of MP Rules, which imposed additional requirements such as a three-year practice period or a minimum of 70% marks in the first attempt, was also struck down as unconstitutional.

Justifications given by the Court

  • Affirmative action for PwDs: The court emphasized the need for a rights-based approach. Persons with Disabilities (PwDs) should not only be free from discrimination but should also receive positive accommodations to ensure equal opportunities.
  • Principle of Reasonable Accommodation: It is derived from international conventions and ensures that PwDs receive necessary accommodations for fair assessment and eligibility.
  • Doctrine of Equality: The court ruled that additional qualifications imposed on PwDs violated the doctrine of equality. The principle of reasonable accommodation must be applied to prevent indirect discrimination.

Impact of the Judgement

  • Immediate effects: Visually impaired candidates can now participate in judicial service exams without additional barriers. State authorities shall have to amend rules to align with the RPwD Act.
  • Long-Term implications: Sets a precedent for recognizing disability rights as fundamental rights.
    • The decision will encourage other government sectors to adopt similar measures.
    • Enhances inclusivity in the judiciary and other public service sectors.

Also Read: Persons With Disability (PWD)

The Supreme Court’s ruling marks a significant step toward an inclusive and equitable judicial system. By striking down discriminatory provisions and reinforcing the principle of reasonable accommodation, the judgment will ensure that disability does not hinder equal participation in public service.

What has SC previously ruled on Gag Orders?

Context: The Supreme Court has recently granted protection from arrest to Youtuber Ranveer Allahabadia with certain stringent conditions. In this context, let us understand the legal precedents and their implications on freedom of Speech and expression in India.

Relevance of the Topic: Mains: Right to Free Speech (Article 19) Concerns and the Current Gag Order. 

About the Supreme Court’s Interim Protection Order

  • The Supreme Court has granted interim protection from arrest to Ranveer Allahbadia, in relation to multiple FIRs filed against him regarding remarks made on his YouTube show, “India Got Latent.”
  • However, it imposed severe restrictions on Allahbadia and his associates, which included:
    • A complete ban on posting any content on social media until further notice.
    • A directive to surrender his passport to the police, restricting his travel.
  • This decision appears to contradict previous Supreme Court rulings that have consistently held that while granting interim relief, courts should not impose unduly harsh restrictions that curtail fundamental rights, particularly relating to personal liberty.
  • The restrictions i.e., ban on social media activity, has raised concerns regarding freedom of expression and prior restraint.

Legal Precedents on Multiple FIRs

  • Parteek Bansal vs. State of Rajasthan (2022): The Supreme Court held that filing multiple FIRs for the same offence constitutes misuse of state machinery and can lead to undue harassment of the accused.
  • In the same year, a bench led by Justice L. Nageswara Rao suggested the creation of a centralised judicial body, similar to the U.S. Judicial Panel on Multidistrict Litigation, to handle such cases more efficiently.
  • These rulings indicate that repeated FIRs on the same issue should be avoided to prevent legal harassment.

Legal Principles governing Interim Relief in Criminal Cases

  • There is no specific statutory provision that governs the conditions imposed while granting interim relief (such as bail or protection from arrest). Instead, it is based on judicial discretion.
  • Courts generally evaluate three key factors before granting interim relief:
    • Flight risk: Whether the accused is likely to abscond and evade the legal process. If there is a high risk, stricter conditions (like passport surrender) may be imposed.
    • Threat to witnesses: If the court believes that the accused may intimidate witnesses or influence testimonies, it may deny bail or impose conditions preventing contact with witnesses.
    • Tampering with evidence: If there is a possibility that the accused might destroy or manipulate evidence, courts may impose restrictions such as prohibiting communication with certain individuals.

Common Bail Conditions imposed by Courts

  • Surrender of passport to prevent the accused from leaving the country.
  • Setting a high bail bond amount to ensure compliance with court proceedings.
  • Regular appearances before the investigating officer to show cooperation with the investigation.

Supreme Court’s stance on Stringent Bail Conditions in the Past: 

  • Satender Kumar Antil vs. CBI (2022): Supreme Court ruled that bail conditions should not be unreasonable or impossible to comply with, as they would defeat the very purpose of granting bail.
  • Frank Vitus vs. NCB (2024):  Supreme Court struck down a condition requiring the accused to share their Google Maps location PIN with authorities, holding that it violated the right to privacy under Article 21 of the Constitution.
  • The ruling made it clear that law enforcement cannot impose arbitrary conditions that amount to constant surveillance.

Free Speech Concerns and the Current Gag Order

  • One of the most controversial conditions imposed on Allahbadia is the prohibition on airing any content on YouTube or other online platforms until further orders.
  • This restriction amounts to a "gag order," which falls under the legal principle of "prior restraint"—where the state prevents speech before it occurs.
  • Indian courts have consistently ruled against prior restraint unless under exceptional circumstances.

Supreme Court precedents on Gag Orders and Free Speech

  • Rehana Fathima case (2021): The Supreme Court overturned a Kerala High Court order that prohibited activist Rehana Fathima from posting her views on social media, citing free speech concerns.
  • Mohammed Zubair’s bail case (2021): The Uttar Pradesh government sought to ban Alt News co-founder Mohammed Zubair from tweeting while he was out on bail.
    • A Supreme Court bench led by Justice D.Y. Chandrachud rejected the request, holding that such restrictions would create a "chilling effect" on free speech.
    • The court also ruled that since Zubair’s profession required him to engage on social media, the restriction was an unjustified violation of his right to practice his profession.

In the current case, the condition placed on Allahbadia raises similar concerns, as it severely restricts his professional activities and sets a troubling precedent for the right to free speech in India.

Key Takeaways and Implications of the Case

  • The Supreme Court’s decision to grant interim relief was accompanied by restrictive conditions, which has raised concerns about personal liberty and freedom of expression.
  • The gag order on Allahbadia appears to contradict established legal precedents that have upheld the right to free speech (Article 19) and the dangers of prior restraint.
  • The issue of multiple FIRs being filed in different states highlights the need for judicial reform (creation of a body similar to the U.S. Judicial Panel on Multidistrict Litigation) to prevent misuse of legal provisions for harassment.
  • Bail conditions must be proportionate and reasonable, as imposing excessively strict restrictions can violate fundamental rights.

The outcome of this case could set a precedent for future cases involving online speech and judicial discretion in granting bail and interim relief. 

Enforce Exemplary Penalties to end Pradhan Pati Culture

Context: The Ministry of Panchayati Raj had created a Panel in 2023 to examine the issue of Women Pradhan being represented by their Male members of their families. The panel has recommended “exemplary penalties” for proven cases of proxy leadership as a measure to curb the practice of ‘Pradhan Pati’, ‘Sarpanch Pati’ or ‘Mukhiya Pati’ in Gram Panchayats across the country.

Relevance of the Topic: Mains: Issues concerning Panchayati Raj Institutions; Devolution of real power to women at panchayat.

Sarpanch Pati

  • It is a term used to describe the situation when women are elected as Sarpanch or Pradhan but their relatives act as sarpanch-pati or sarpanch-devar or pradhan-pati etc. wielding the actual political and decision-making power behind women. 
  • The term implies that where women are de jure elected, and their husbands de facto run the Panchayat. 

Constitutional and Legal Provisions in the context of Women Reservation

  • 73rd Constitutional Amendment Act, 1992:
    • One-third reservation for women in PRIs.
    • 21 States and 2 UTs increased this to 50% reservation for women.
    • Legal loophole: The Act does not explicitly prohibit proxy leadership, allowing male relatives to misuse power.
  • Supreme Court’s Order (July 2023):
    • In Mundona Rural Development Foundation Vs Union of India, SC directed the Ministry of Panchayati Raj (MoPR) to investigate and recommend steps to curb proxy leadership.
  • Panchayati Raj Act (State-specific variations):
    • Some states have stronger gender-inclusive policies, for example:
      • Kerala: Reserved seats for women in Panchayat subject committees and ward-level committees.
      • Madhya Pradesh & Chhattisgarh: Regular monitoring of women’s participation in PRIs.

Key Issues involved with respect to Women Reservation in Panchayats

  • Proxy Leadership in PRIs: 
    • Despite a high number of women elected representatives (WERs) in Gram Panchayats, many do not exercise real power due to proxy leadership by male relatives (husbands, fathers, or brothers).
    • These male relatives, referred to as ‘Sarpanch Pati’, ‘Pradhan Pati’, or ‘Mukhiya Pati’, informally assume control over governance decisions.
    • Example: In Rajasthan, cases have been reported where elected women representatives are rarely seen at Panchayat meetings, while their husbands take all major decisions.
  • Regional Disparities: 
    • Proxy leadership is more prevalent in Northern states, particularly in: Uttar Pradesh, Bihar, Haryana and Rajasthan. 
    • Example: In a study conducted in Bihar, it was found that over 60% of elected women panchayat leaders had their husbands or male relatives attending meetings and making decisions on their behalf.
  • Lack of Effective Participation
    • Although women make up 47% of elected representatives in PRIs, their real decision-making power remains low.
    • Reasons being:
      • Societal norms discourage women from taking leadership roles.
      • Women often lack confidence, education, and training in governance.
      • Family pressure forces them to delegate responsibilities to male relatives. 
      • Example: A survey in Haryana found that most women Sarpanches did not even know the details of their Panchayat’s budget, as their husbands handled financial matters.
  • Weak accountability mechanisms: 
    • No strict legal provisions or penalties to deter proxy leadership.
    • Complaints about proxy leadership rarely lead to action due to lack of proper complaint mechanisms.
    • Example: In Rajasthan, a woman Pradhan who attempted to report her husband’s interference was threatened by community leaders and forced to withdraw her complaint.
  • Insufficient training and support for Women leaders: Women Elected Representatives are often first-time leaders, lacking:
    • Governance knowledge.
    • Awareness of their rights and responsibilities.
    • Administrative experience.
    • Example: In a Panchayat in Madhya Pradesh, a woman Sarpanch struggled to understand official documents, forcing her to rely on her husband for all official correspondence.
  • Lack of technology-based interventions:
    • No structured digital tracking system to monitor whether the elected women representatives are actually attending meetings and making decisions.
    • Example: While Kerala has a system where Panchayat meetings are live-streamed, ensuring transparency, most Northern states lack such mechanisms.

Key Recommendations to address Proxy Leadership

  • Legal and Policy reforms: Strict penalties for proxy leadership as recommended by the panel.
    • Exemplary penalties should be enforced for proven cases.
    • Standardisation of legal measures: A uniform national policy should be framed to prevent proxy leadership. 
    • Example: In some Gram Panchayats in Maharashtra, proxy leadership cases have resulted in disqualification of elected women representatives, but such penalties are not consistently applied across India.
  • Helpline and Whistleblower Protection Mechanisms: 
    • Setting up confidential helplines where women representatives can report proxy leadership without fear.
    • Whistleblower rewards: Incentivizing verified complaints. Example: Kerala has a Women’s Helpline for elected representatives, which helps report gender-based issues, including proxy leadership.
  • Gender-Exclusive Quotas: 
    • Reserved seats in Panchayat subject committees and ward-level committees to ensure women’s representation in governance. 
    • Example: Kerala’s model of women-only committees in Panchayats has improved decision-making and participation.
  • Women Ombudspersons for PRIs: 
    • Appoint women’s ombuds-persons to handle complaints related to gender-based discrimination and proxy leadership.
    • Example: In Odisha, a few districts have introduced women ombudspersons in PRIs, leading to better grievance redressal.
  • Mandatory Public Swearing-In of Women Pradhans: 
    • Women must take an oath of office publicly in Gram Sabha meetings, reinforcing their accountability.
  • Capacity building and leadership training: 
    • Mandatory training in governance, financial management, and legal rights. Training in vernacular languages for accessibility.
    • Example: Tamil Nadu introduced a mandatory induction program for all first-time WERs, which significantly improved their participation.
  • Direct mentorship by Women MLAs and MPs: 
    • Elected women Pradhans should be directly mentored by experienced women leaders.
    • Example: A pilot mentorship program in Karnataka helped new women Pradhans gain confidence and effectively perform their duties.
  • Gender Resource Centers in Panchayats: 
    • Centers offering legal advice, leadership coaching, and networking opportunities for women representatives.
    • Example: West Bengal’s Self-Help Group model integrates women’s leadership training with Panchayat governance.
  • Use of technology and Digital Governance: 
    • Virtual Reality (VR)-based training to simulate real-life governance situations and build confidence.
    • AI-driven legal and governance guidance in local languages. Example: Some urban local bodies in Telangana have started using AI chatbots to assist first-time leaders in governance queries.
  • Digital tracking of Women’s participation:
    • Panchayat Nirnay Portal: Citizens can track the attendance and participation of elected women representatives.
    • WhatsApp Groups for Women Representatives linked with officials for real-time issue resolution. Example: In Gujarat, a mobile app tracks Panchayat meeting attendance, helping curb proxy participation.
  • Institutional oversight and community involvement: 
    • Formation of Women-Only Monitoring Councils. District and block-level councils comprising experienced women ERs and retired officials to monitor proxy leadership cases.
    • Annual awards for anti-proxy initiatives: Recognising individuals and organisations that actively combat proxy leadership.

Also Read: Role & Challenges of Women in Panchayati Raj Institutions 

Proxy leadership severely undermines women’s political empowerment in Panchayati Raj Institutions. By implementing strict penalties and public accountability measures, the government can ensure that elected women leaders truly exercise their democratic mandate. 

Delimitation and concerns of South Indian States

Context: The Union Home Minister of India said that the delimitation exercise will not affect the southern States as new seats will be allocated on a pro rata basis, promising that the southern States would get their rightful share of any increase in seats.

Also, Parliament has passed the Constitution 106th Amendment Act which proposes to reserve 1/3rd seats for women in the Lok Sabha and State Legislative Assemblies following the delimitation exercise. However, delimitation exercise has induced fears among the south Indian states who claim that they will be penalised for controlling fertility and will lose on representation and financial transfers. 

Relevance of the topic:

Prelims: Key facts about Delimitation Commission.

Mains: Delimitation Exercise: Impacts and Challenges

image 136

Background

  • The inter-state delimitation of seats among the states for Lok Sabha has been on hold since the 1972 census. 
  • The Parliament has passed the Constitution 106th Amendment Act which proposes to reserve 1/3rd seats for women in the Lok Sabha and State Legislative Assemblies following the delimitation exercise. 
  • States in Southern India feel that delimitation based on the latest population data will reduce their representation in the Parliament. They fear that they will be penalised for controlling fertility and will lose on representation and financial transfers. 
image 150

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. Such an exercise was carried out after 1951, 1961 and 1971 census. (Article 82 for Lok Sabha and Article 170 for State Legislative Assemblies).
  • Parliament is empowered to determine the authority and the manner in which delimitation 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 (CEC) or an Election Commissioner nominated by CEC
    • Retired or serving Judge of Supreme Court 
    • 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.

Constitutional provisions for delimitation:

  • Article 82 and 170 of the Indian constitution provides for the delimitation exercise at the level of Lok Sabha and State legislative assembly respectively.
  • Constitutional freezing of delimitation exercise:
image 137

Impact of Delimitation:

  • Balancing the Political Power (Gerrymandering): 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. 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.
  • 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.
  • 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:

  • May result in decreased representation for States that have achieved population stabilization. E.g., Kerala, Tamil Nadu. 
  • May lead to increased representation for States that are still experiencing population growth and have not yet achieved stability.
image 135
  • Issues of minority representation: Sachar commission has recommended that constituencies with high minority population should not be reserved for schedule castes. But, there have been reports of not adhering to such principles in the recently conducted delimitation exercise of Assam.
  • 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

  • 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.
  • Option 1: Delimitation Commission can choose to implement freezing of seats, until all States have achieve population stabilization. 
  • Option 2: Delimitation 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
  • Option 3: Punchhi commission has recommended that states should be given equal representation in Rajya Sabha on the lines of American Senate model. This would help in countering the power asymmetry between states in the Lok sabha. Thus, guaranteeing states of not losing their representation and voice in Rajya Sabha.
  • Option 4: Seats in the Lok Sabha may be capped at 543 whereas the number of MLAs in each state may be increased in line with current population. This may help in reconciling the democratic and federal principles of the delimitation exercise. 

RTI is now the ‘Right to Deny Information’

Context: The Right to Information Act was introduced as a bulwark against corruption and non-transparent functioning of government and its agencies. However, over the period, the Act has been weakened by the government and judicial interpretations. 

Relevance of the Topic: Mains: Right to Information Act, 2005: Significance and Challenges.  

RTI as a Tool for Empowerment

  • The Right to Information Act, 2005, was enacted to promote transparency and accountability in governance.
  • It recognises that citizens are the true rulers in a democracy and gives them the power to seek information from government institutions. The RTI Act is considered one of the most progressive transparency laws in the world.
  • The Act was legislated with the intention to curb corruption, reduce bureaucratic discretion, and ensure participatory governance.
    • For example: The RTI Act helped expose corruption in the allocation of 2G spectrum and coal block allocations (2010-12), leading to many prosecutions and policy reforms.

Challenges facing the RTI Act

Despite initial success, the RTI Act has faced multiple issues—administrative, judicial, and legislative, which has led to its dilution.

1. Government and Administrative Challenges:

  • Within a year of its enactment, the government attempted to amend the RTI Act to restrict access to certain categories of information. Widespread public protests forced the government to withdraw the amendments. 
  • However, successive governments have continued efforts to weaken the law through administrative means. E.g., In 2019, the RTI (Amendment) Act was passed, which: 
    • Weakened the independence of Information Commissioners (ICs) by allowing the government to determine their tenure and salaries.
    • Increased bureaucratic control over the appointment process.

2. Delays in Appointing Information Commissioners: 

  • The State and Central Information Commissions (ICs) are the final appellate bodies under the RTI Act.
  • Many ICs function with fewer members than sanctioned, causing severe case backlogs.
    • Example: In 2023, the Central Information Commission (CIC) had over 30,000 pending cases due to delays in appointments.
    • State ICs like Maharashtra and Karnataka had similar backlogs due to vacant posts.

3. Post-Retirement Benefits:

  • Many RTI commissioners are retired bureaucrats who see their roles as post-retirement sinecures.
  • Unlike High Court judges, who dispose of over 2,500 cases a year, RTI commissioners handle far fewer cases.
  • Some commissioners work only a few hours a day, delaying information access.

4. Judicial Setbacks to the Act: Shift from Transparency to Secrecy: 

  • Supreme Court’s shift in stance: Courts have upheld RTI as a Fundamental Right under Article 19(1)(a).
  • However, in CBSE vs Aditya Bandopadhyay (2011), the Supreme Court stated that:
    • RTI should not be used indiscriminately as it could burden the administration.
    • Excessive RTI requests could hamper efficiency and national development.
    • RTI should not become a tool of oppression or intimidation against honest officials.
  • This led to concerns like:
    • The judgment framed RTI users as troublemakers, creating a negative perception of transparency activists.
    • Government officials began using this judgment to deny information, citing "burden on administration." Example: Initially, several RTI requests regarding electoral bonds and the PM-CARES Fund were denied using this justification.

5. Expansion of ‘Personal Information’ Exemption:

(Girish Ramchandra Deshpande vs CIC, 2012)

  • In this case, the Supreme Court ruled that:
    • Information related to public servants' assets, memos, and disciplinary actions could be exempted as personal information.
    • The test of public interest was ignored, even though the RTI Act allows disclosure if public interest justifies it.
    • This created a precedent for denying crucial information under Section 8(1)(j) (privacy exemption). Example:
      • RTI requests for civil servants' property declarations, corruption complaints, and tax returns of public officials were denied using this judgment.
      • Even cases of proven corruption in public service were shielded from scrutiny.

6. Weakening of RTI Through the Digital Personal Data Protection Act (DPDPA), 2023: 

  • The DPDPA, 2023, amended the RTI Act by removing the public interest clause from Section 8(1)(j).
  • This means any information classified as ‘personal data’ can now be denied outright. This goes against the original intent of the RTI Act, which balanced privacy with transparency.

The impact of the above issues is that the citizens seeking information face delays of over a year, making RTI ineffective for timely decision-making.

Implications of dilution of RTI Act

  • Decline in Whistleblower Protection
    • Over 100 RTI activists have been attacked or killed for exposing corruption.
    • Weakening RTI endangers activists by reducing public accountability.
      • Example: RTI activists like Satish Shetty (Maharashtra), Amit Jethwa (Gujarat), and Lalit Mehta (Jharkhand) were killed for exposing corruption in land and mining projects.
  • RTI is Being Converted into "Right to Deny Information (RDI)"
    • The cumulative effect of government inaction, judicial decisions, and legislative amendments has led to a decline in RTI’s effectiveness.

Way Forward to Strengthen RTI Act

Institutional Reforms:

  • Mandatory timelines for case disposal: Like courts, RTI commissions should have fixed deadlines for hearing appeals.
  • Transparent and merit-based selection: Information Commissioners should include civil society members, transparency activists, and legal experts.

Judicial review and reforms:

  • Review of adverse court rulings: Parliament must amend the RTI Act to restore the public interest clause in privacy exemptions.
  • Protection for whistleblowers: The Whistleblower Protection Act (2014) must be fully implemented.

Citizen and media mobilisation:

  • Civil society and the media must actively defend the RTI Act from further dilution.
  • Public awareness campaigns to help citizens understand their rights under RTI.

Conclusion: The Supreme Court in multiple judgments (Raj Narain Case, 1975) has upheld the Right to Information as a part of freedom of speech and expression. Democracy thrives on informed citizens and restricting RTI weakens public participation. 

Panchayat Devolution Index 2024

Context: The Ministry of Panchayati Raj has recently published the Panchayat Devolution Index 2024. The index was last published in 2014. Over the past decade, the national average score has increased from 39.92 to 43.89.

Relevance of the topic:

Prelims: Key facts about Panchayat Devolution Index 2024. 

Mains: Challenges faced by Panchayats.

About Panchayat Devolution Index (PDI)

  • PDI is a tool to assess the devolution of powers and resources to Panchayati Raj Institutions (PRIs) across Indian states and Union Territories. 
  • The index measures the performance of India’s panchayat system across states based on six key parameters:
    • Framework: Legal and policy framework supporting Panchayati raj institutions.
    • Functions: Extent of devolution of functions to panchayats.
    • Finances: Availability and allocation of financial resources.
    • Functionaries: Availability of trained personnel and administrative capacity.
    • Capacity building: Training and skill development of panchayat members.
    • Accountability: Transparency and effectiveness in governance.
  • Developed by: Indian Institute of Public Administration. 
image 182

Key findings of the 2024 report

  • Top performing States: Karnataka, Kerala, and Tamil Nadu.
  • The national average score rose from 39.92 in 2013-14 to 43.89 in 2024.
    • The PDI was last published in 2014. The slight improvement in national average score indicates modest progress in devolution efforts. 
  • Improvements and Declines:
    • 18 states and Union Territories improved their scores, while 11 recorded declines. 
    • Uttar Pradesh and Bihar showed the biggest improvement compared to their past performance.
    • Maharashtra, despite ranking fourth overall in 2024, is the only top-10 state to register a decline.
  • Lowest-ranked states: Manipur, Arunachal Pradesh, and Jharkhand, with Manipur, Arunachal, and Haryana experiencing the steepest declines over the past decade.
image 183

Representation and demographics of Panchayats in 2024

  • Total number of panchayats in India:
    • Numbers have increased from 2.48 lakh (2013-14) to 2.62 lakh (2024).
    • States with the highest number of panchayats are Uttar Pradesh, Maharashtra, and Madhya Pradesh.
  • Average rural population per panchayat:
    • Increased from 3,087 (2013-14) to 4,669 (2024), indicating a trend of fewer but larger panchayats.
    • West Bengal, Assam, and Bihar have the most densely populated panchayats.

Women's representation in Panchayats

  • Women’s reservation in panchayats:
    • Most states follow the 50% reservation quota for women in panchayat seats.
    • However, seven states and UTs fall below their mandated quota, E.g., Madhya Pradesh, Haryana, Punjab, and Tripura.
  • Highest representation of women:
    • Odisha (61.51%)
    • Himachal Pradesh (57.5%)
    • Tamil Nadu (57.32%)
  • Lowest representation of women: Uttar Pradesh (33.33%), which aligns with its one-third reservation policy for women rather than the 50% quota followed by most states.
  • Overall progress:
    • The national average of women representatives has risen slightly from 45.9% (2013-14) to 46.44% (2024). 
    • The number of states with 50% or more women representatives has increased from 11 (2013-14) to 16 (2024).

Representation of Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC): 

  • Highest representation of marginalised groups in panchayats: 
    • Scheduled Castes (SCs): Punjab (36.34%)
    • Scheduled Tribes (STs): Chhattisgarh (41.04%).
    • Other Backward Classes (OBCs): Bihar (39.02%)
  • National averages for representation of marginalised groups in 2024: 
    • SC representation: 18.03%
    • ST representation: 16.22%
    • OBC representation: 19.15%
  • Arunachal Pradesh: Reported 100% ST representation (2013-14), but did not provide 2024 data.

Challenges faced by Panchayats

1. Funding: 

  • Despite allocations, actual release of funds is often delayed. For instance, in 2023-24, only Rs 10,761 crore out of Rs 47,018 crore allocated was released as of November 2023.
  • Poor internal resource generation: Most panchayats lack the ability to generate their own revenue, exacerbating their financial constraints.

2. Infrastructure shortfalls: 

  • Many panchayats lack basic infrastructure like pucca buildings, computers, and internet access. E.g., Arunachal Pradesh has only 5% pucca buildings and no panchayat with computers.
  • Digital Infrastructure: 100% computer availability in panchayats was reported in 12 states and UTs, while:
    • Arunachal Pradesh had 0% computer availability.
    • Odisha had only 13% of panchayats with computers.
  • Internet access in panchayats:
    • 14 states and UTs reported 100% internet access.
    • Haryana (0%) and Arunachal Pradesh (1%) had nearly no internet connectivity in their panchayats.

3. Administrative challenges:

  • Inadequate devolution of Powers: Many states have not fully devolved functions and authority to panchayats, limiting their scope of work.
  • Lack of skilled functionaries: There is a shortage of trained and skilled personnel, including elected representatives and support staff.
  • Interference from higher authorities: Interference by MPs and MLAs is seen to have undermined the autonomy and decision-making capacity of panchayats.

4. Women representation:

While 21 states and UTs meet or exceed the 50% reservation threshold for women, seven states fall below it.

5. Social Challenges:

  • Gender and social biases: Despite reservations, women and marginalized groups often face challenges in exercising their roles effectively due to patriarchal attitudes and biases.
  • Illiteracy among the functionaries: Illiterate or semi-literate sarpanch struggle to represent their panchayats effectively.

Way Forward

  • Enhanced funding and infrastructure: Ensure timely release of allocated funds to panchayats and empower panchayats to generate their own revenue There is a need to invest in basic infrastructure like buildings, computers, and internet connectivity.
  • Capacity building and training: Provide regular training and capacity-building programs for panchayat functionaries to enhance their skills and knowledge.
  • Improved accountability and transparency: Implement robust accountability mechanisms to ensure transparency in decision-making and resource allocation.
  • Strengthening framework and devolution of functions: Regularly review and update the legal framework to ensure it aligns with evolving needs and supports effective decentralization.
  • Streamline administrative processes: Reduce interference from higher authorities and ensure clear devolution of powers.

Also Read: Panchayati Raj Movement is in Distress 

The PDI 2024 findings underscore the need for renewed efforts in financial devolution, administrative capacity-building, and infrastructure development to strengthen Panchayati Raj Institutions as the backbone of India’s rural democracy.

Can an MP lose his seat under Article 101(4)?

Context: Amritpal Singh, a MP from Punjab, has approached the Punjab and Haryana High Court to seek permission to attend the ongoing Parliamentary session to avoid losing his membership due to prolonged absence.

Relevance of the Topic: Prelims: Questions based on provisions for disqualification of members.

Background:

  • MP Amritpal Singh faces charges under the National Security Act, and has been detained in Dibrugarh since April 2023. 
  • He contested and won the 2024 Lok Sabha election from prison, but thus far has an attendance of only 2%.
  • Under Article 101(4), he fears losing his membership due to his prolonged absence from Parliament. 

Provisions of Article 101

  • Article 101 mentions the provisions about the vacation of the seats of members of Parliament. 
  • No dual membership: 
    • Article 101(1): No person shall be a member of both Houses of Parliament simultaneously. 
    • Article 101(2): No person can become a member of both the Parliament and a state legislature at the same time. The seat of parliament becomes vacant if the member is not able to resign from the State Legislature within 14 days. 
    • Article 101(3): The members of either House of Parliament may resign from office by writing a letter in his own handwriting to the Chairman or Speaker (as applicable). If the letter is accepted by the Chairman or Speaker, the seat becomes empty.
  • Prolonged absence- Article 101(4): 
    • If a member of either House of Parliament is absent from all meetings, without permission of the House for a period of sixty days, the House may declare his seat vacant.
    • The 60 days, however, do not account for any period during which the House is prorogued or is adjourned for more than four consecutive days.
    • MPs can seek leave: For long absences, MPs can write to the ‘Committee on Absence of Members from the Sittings of the House’ (parliamentary panel that deals with this issue). The committee makes recommendations on each leave application, which are then ratified by the House concerned. 
    • Even if an MP is absent for more than 60 days, the House has to declare the seat vacant by putting the matter to vote. 
  • Note: No vacancy has been made till date by invoking Article 101(4).

Remission without Application: Supreme Court

Context: The Supreme Court has directed states with remission policies to consider the premature release of prisoners even if they do not apply for remission beforehand. This is a shift from earlier positions in Sangeet v. State of Haryana (2013) and Mohinder Singh v. State of Punjab (2013) where the SC held that remission must be initiated by the convict.

Relevance of the Topic: Prelims: Legal Framework on Remission. 

Legal Framework on Remission

  • Definition: Remission is the legal power to reduce or shorten the period of a sentence that a convicted person must serve. It allows a state government to partially cancel the punishment imposed by a court.
  • Relevant provisions:
    • Section 473 of BNSS (formerly Section 432 of CrPC): States can remit sentences at any time and impose conditions like reporting to police at regular intervals.
    • Section 475 of BNSS (formerly Section 433A of CrPC): Life convicts (guilty of offences punishable by death) must serve at least 14 years before remission.
    • Articles 72 & 161: President and Governors have been given separate remission powers.
  • Previously, remission required an application to be filed by the convict. Now, the Supreme Court has ruled that states must proactively consider eligible convicts.

Supreme Court’s Ruling and Reasoning

  • Earlier rulings in Sangeet v. State of Haryana (2013) and Mohinder Singh v. State of Punjab (2013) judgements had not considered pre-existing remission policies and held that these powers cannot be exercised Suo moto.
  • SC has now recognised that state prison manuals already mandate prison superintendents to initiate remission proceedings, hence administration can take steps for remission.
  • Uniform remission policies ensure uniformity and prevent arbitrary or en-masse releases (E.g., festival-related remissions).
  • If states fail to consider eligible cases, it would be discriminatory and violate Article 14 (Right to Equality).

SC’s directives to States

  • All states must create an exhaustive remission policy within two months.
  • Conditions for remission must be reasonable: SC has directed states to consider crime motive, criminal background, and public safety while giving remission, it has further directed that the conditions cannot be excessively stringent or vague.
  • Remission cannot be revoked arbitrarily:  A minor breach of conditions should not automatically lead to cancellation and the convicts must be notified and given a chance to respond before cancellation.

Implications of the Verdict

  • Impact on Prison Population: Indian prisons have 131.4% occupancy (NCRB, 2022), however, majority (75.8%) are undertrials, so immediate impact may be limited.
    • Premature releases: As per prison Statistics in India report, the following number of prisoners have benefitted from remission policies over the years.
      • 2020: 2,321 prisoners
      • 2021: 2,350 prisoners
      • 2022: 5,035 prisoners
  • Reduced discretionary powers of the State: Prevents arbitrary denials of remission and ensures consistent application of remission policies.
  • Balancing justice and reform: While preventing mass releases, the ruling reinforces rehabilitation-focused justice. It allows for a structured approach rather than political or emotional decisions on remission.
  • Shift from Judicial restraint to Proactive State Role: Previously, remission was considered a privilege requiring a convict’s application. Now, remission is seen as a right if eligibility criteria are met. This shift aligns with the policy of progressive penal reforms, emphasizing reintegration with society over prolonged punishment.
  • Constitutional and human rights perspective: The ruling ensures fair treatment and equality under Article 14. It also aligns with Article 21 (Right to Life and Liberty) by preventing arbitrary imprisonment.
  • Impact on prison overcrowding: Overcrowding is a serious issue in Indian prisons, with occupancy exceeding 131%. The SC’s decision may ease some of this burden but will have limited impact on undertrials. Future prison reforms should focus on speedy trials and bail reforms alongside remission policies.

Issues and Concerns

  • Implementation issues: Some states may delay framing policies.
  • Political interference: There is still scope for states to misuse remission for electoral gains.
  • Public safety risks: Ensuring that only truly rehabilitated convicts are released is crucial.
  • Proper implementation and safeguards are necessary to balance public safety and justice.

While remission reform is a positive step, India also needs faster trials to reduce undertrial population, parole and probation reforms and increased focus on rehabilitation and skill-building for prisoners.

SC stays Lokpal’s order on HC judges

Context: The Supreme Court has stayed a Lokpal order bringing High Court judges under its jurisdiction, terming that the Lokpal order impacted the independence of the judiciary. 

Relevance of the Topic: Prelims: Key facts about Lokpal & Lokayukt. 

Reasoning given by the Lokpal to bring High Court Judges under its purview

  • The Lokpal (in its now-suspended order) ruled that High Court judges fall within the definition of “public servant” under the 2013 Lokpal Act, asserting its jurisdiction over them.
    • Unlike the Supreme Court, the High Courts in India were constituted by British Parliamentary Acts — Indian High Courts Act, 1861 and Government of India Act 1935 — and thus the High Courts pre-date the Constitution.
    • Article 214 of the Constitution, which said “there shall be a High Court for each State”, had only “intrinsically recognised” the existence of the High Courts. The Constitution did not establish the High Courts. 
image 162

Reasoning given by Supreme Court to stay the Lokpal order

  • The special bench of SC stated that high court judges would not come under the purview of the Lokpal and Lokayuktas Act, 2013, since their appointment is governed by the Constitution and that they are not like any other “public servant” functioning in an organisation established by a parliamentary law.
    • After the commencement of the Constitution, High Court judges are constitutional authorities and not mere statutory functionaries.

About the office of Lokpal

  • The Lokpal is an independent statutory body established under Section 3 of the Lokpal and Lokayuktas Act, 2013. 
  • Aim: To inquire and investigate allegations of corruption against public functionaries who fall within the scope and ambit of the Act. 
  • Since India is a signatory to the United Nations Convention against Corruption, it mandates the Government to provide clean and responsive governance which is reflected in passing of the legislation and creation of the body of Lokpal to contain and punish acts of corruption.

Objective behind establishing the office of Lokpal

  • To address concerns and aspirations of the citizens of India for clean governance. 
  • To serve the public interest and use the powers vested in it to eradicate corruption in public life.

Features of Lokpal and Lokayukta Act (2013) 

  • Uniform anti-corruption roadmap: It seeks to establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State and thus seeks to provide a uniform vigilance and anti-corruption road map for the nation both at the Centre and at the States. 
  • Jurisdiction of Lokpal includes the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government. 
  • Composition: Lokpal consists of a Chairperson with a maximum of 8 members of which 50% shall be judicial members.
    • 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women. 
    • The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee, consisting of:
      • Prime Minister
      • Speaker of Lok Sabha
      • Leader of the Opposition in Lok Sabha
      • Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India
      • Eminent Jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee. 
Search Committee: 

-A Search Committee will assist the Selection Committee in the process of selection. 

- 50% of the members of the Search Committee shall also be from amongst the SCs, the STs, the OBCs, minorities and women.

Jurisdictional Aspect

  • Office of Prime Minister: The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister. 
  • Lokpal’s jurisdiction will cover all categories of public servants, including Group A, Group B, Group C, and Group D officers and employees of Government. 
    • On complaints referred to the Central Vigilance Commission (CVC) by the Lokpal, the CVC will send its report of preliminary enquiry in respect of Group A and Group B Officers back to the Lokpal for further decision. 
    • With respect to categories of employees from Group C and Group D, the CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by the Lokpal. 
  • Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal. 

Changes made by the Lokpal Act

  • Appointment of CBI Director: A High-Powered Committee chaired by the Prime Minister will recommend the selection of the Director of CBI. 
  • Attachment of property: It incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending.
  • Provides timeline: It lays down clear timelines.
    • For preliminary enquiry, it is three months extendable by three months. 
    • For investigation, it is six months which may be extended by six months at a time. 
    • For trial, it is one year extendable by one year and to achieve this, special courts to be set up. 
  • Maximum punishment under Prevention of Corruption Act enhanced:
    • It enhances maximum punishment under the Prevention of Corruption Act from seven years to ten years. 
    • The minimum punishment under sections 7, 8, 9 and 12 of the Prevention of Corruption Act will now be three years, and the minimum punishment under section 15 (punishment for attempt) will now be two years.
  • Enhanced ambit: Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded. 
  • Power to grant sanction: Lokpal is conferred with power to grant sanction for prosecution of public servants in place of the Government or competent authority. 
  • Provisions to strengthen CBI: It contains a number of provisions aimed at strengthening the CBI such as:
    • setting up of a Directorate of Prosecution headed by a Director Prosecution under the overall control of the Director of CBI. 
    • appointment of the Director of Prosecution on recommendation of the CVC. 
    • maintenance of a panel of advocates by CBI other than Government advocates with the consent of the Lokpal handling Lokpal-referred cases. 
    • transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal. 
    • provision of adequate funds to CBI for investigating ca referred by Lokpal.
  • FCRA: All entities receiving donations from foreign sources in the context of the Foreign Contribution Regulation Act (FCRA) in excess of ₹10 lakhs per year are brought under the jurisdiction of Lokpal. 
  • Institution of Lokayukta for States:
    • It contains a mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of this Act. 
    • Thus, the Act provides freedom to the states to decide upon the contours of the Lokayukta mechanism in their respective states. 
  • Protection to the honest and upright: It provides adequate protection for honest and upright public servants. 

What does Indian Law say about Obscenity?

Context: Assam Police have registered a complaint against YouTuber Ranveer Allahbadia and comedian Samay Raina for allegedly making obscene remarks during an appearance on the YouTube show. They have been charged under Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023, and are currently under investigation by Mumbai police.

Relevance of the Topic:Prelims: Key facts about obscenity laws in India. 

Legal Provisions on Obscenity in India

  • Section 294 of the BNS, 2023
    • It punishes selling, importing, exporting, advertising, or profiting from obscene materials (books, paintings, figures, electronic content, etc.)
    • Defines obscene content as "lascivious or appealing to the prurient interest" or content that could "deprave and corrupt" readers, viewers, or listeners.
    • Punishments:
      • First-time offense: Up to 2 years imprisonment + fine up to ₹5,000.
      • Repeat offense: Up to 5 years imprisonment + fine up to ₹10,000.
  • Section 67 of the IT Act, 2000 (For online obscene content):
    • Similar definition as Section 294 of BNS but has stricter punishment:
      • First-time offense: Up to 3 years imprisonment + fine up to ₹5 lakh.
      • Repeat offense: Up to 5 years imprisonment + fine up to ₹10 lakh.
  • Section 296 of the BNS, 2023 (Applicable in this case):
    • Criminalises obscene acts in public places or the utterance of obscene words, songs, or ballads that cause public annoyance.
    • Punishment: Up to 3 months imprisonment and/or a fine up to ₹1,000.
  • Indecent Representation of Women (Prohibition Act), 1986:
    • Punishes the coarse representation of women.
    • Punishment for first offence: Imprisonment up to 3 years and a fine of ₹2 thousand.
    • Repeat Offence: Imprisonment up to 5 years and fine of ₹10 thousand to ₹1 lakh.
  • Information Technology (Intermediary guidelines and Digital Media Ethics) Rules, 2021: Amendments impose a legal obligation on intermediaries to make reasonable efforts to prevent users from uploading fake news.

Judicial Interpretation of Obscenity in India

  • Hicklin Test (1868, UK): Established in Regina vs Hicklin, this test judged obscenity by whether the content had the potential to corrupt those “open to immoral influences,” regardless of its literary or artistic merit.
    • This test led to a low threshold for obscenity, as it focused on the impact on the most impressionable audiences.
  • Ranjit D. Udeshi vs State of Maharashtra (1964, India): The Supreme Court upheld the Hicklin test while declaring Lady Chatterley’s Lover obscene.
  • Modern Approach: Community Standards Test
    • US Case: Roth vs United States (1957): Rejected the Hicklin test and introduced a new standard:
      Obscenity should be determined based on the dominant theme of the work, taken as a whole, and whether it appeals to prurient interest based on contemporary community standards.
    • India: Aveek Sarkar vs State of West Bengal (2014): The Supreme Court adopted the community standards test, ruling that isolated passages cannot be taken out of context to judge obscenity.
      • Example: It quashed charges against a magazine for publishing a nude photo of tennis player Boris Becker with his fiancée, stating that it did not arouse lust but had an artistic and social message. 

Obscenity and Online Content:

  • College Romance Web Series Case (2024): The SC has quashed obscenity charges under Section 292 of IPC and Section 67 of the IT Act. It held that mere usage of explicit language does not automatically qualify as obscenity if it does not arouse sexual desire. SC applied the community standards test and ruled that such language often expresses emotions like anger, frustration, or excitement rather than prurience.

Conclusion

  • In India, the obscenity laws have evolved from the Hicklin test (which had a rigid moralistic approach) to the community standards test, which considers changing societal norms.
  • The BNS, 2023, IT Act, and previous judgments provide a framework to regulate obscene content in different mediums to balance free speech and public morality.
  • Courts now take a contextual approach to determining obscenity, ensuring that content is judged as a whole rather than by isolated statements.
  • The way forward is self-censorship of such content by the creators. 

Constitutional Morality

Context: In recent times, our constitutional courts have embraced the concept of “Constitutional Morality” as a tool to interpret and as a test to adjudicate upon the constitutional validity of statutes. 

In this context, let us understand the various aspects associated with Constitutional Morality.

Relevance of the Topic:Mains: Concept of Constitutional Morality. 

About Constitutional Morality

  • Constitutional Morality refers to the guiding values enshrined in the Constitution that must be protected to uphold the integrity and vision of Constitution.
  • It entails the adherence to constitutional norms within a democratic system. It goes beyond the literal interpretation to encompass a commitment to values such as sovereignty, social justice, and equality in constitutional adjudication.

Historical Origins:

  • British historian George Grote (in A History of Greece) defined constitutional morality as a "paramount reverence for constitutional forms", ensuring adherence to rules over arbitrary authority.
  • Dr. Ambedkar, in his speech on The Draft Constitution (1948), emphasized that constitutional morality must be cultivated to sustain democracy, warning that the Constitution’s form could be retained while undermining its spirit.

Principles of Constitutional Morality: 

  • Adherence to constitutional forms and processes without expectation of personal or ideological gain.
  • Balancing constitutional reverence with critical engagement—respecting procedures while allowing their critique and reform.

Importance of Constitutional Morality:

  • Instills a sense of civic responsibility among citizens and prevents the usurpation of power by oligarchs and despots through coercion. 
  • Ensures balance between freedom and restraint. Citizens submit to constitutional authorities and, at the same time, have the freedom to criticise those in power. 
  • Provides guidance in decision-making in cases where the constitution is silent or grants discretionary power.
  • Ensures that the principle of non-discrimination works as a key component of contemporary polity.
  • Acts as a safeguard against fluctuating public morality.

Constitutional Morality is reflected in:

  • Preamble: Outlines the principles that underpin our democracy, including justice, liberty, equality, and fraternity.
  • Fundamental Rights: It safeguards individuals’ rights against the arbitrary use of state power. Notably, the Supreme Court allows for the enforcement of these rights under Article 32.
  • Directive Principles: They provide guidelines for the state to pursue the goals set by the constitution’s framers, drawing from Gandhian, socialist, and liberal intellectual philosophies.
  • Fundamental Duties: Alongside their rights, citizens also have responsibilities to the nation.
  • Checks and Balances: It includes judicial review of legislative and executive actions, legislative oversight of the executive, etc.

Important cases with respect to Constitutional Morality

  • In Namit Sharma v Union of India (2013), SC highlighted that ‘Constitutional morality’ requires transparent functioning of institutions which was intrinsic to rule of law.
  • In Navtej Johar v Union of India (2018), it emphasized Constitutional morality as the soul of the Constitution embracing within itself virtues like justice, equality and human dignity.
  • In Joseph Shine vs Union of India, the SC observed that the principles of constitutional morality, substantive equality and dignity require that married women are not viewed as property of their husbands. Human sexuality and sexual autonomy are essential aspects of one's identity and personality.
  • In K. S. Puttaswamy vs. Union of India, the Supreme Court confirmed the constitutional validity of Aadhaar with certain restrictions, underscoring the role of courts in checking executive abuse of power.
  • In the Union of India vs. Government of the NCT of Delhi, it was ruled that high-ranking officials must adhere to constitutional morality and uphold the ideals outlined in the Constitution to prevent the arbitrary use of authority.

Challenges associated with upholding Constitutional Morality:

  • Alleged misuse of police or investigating agencies to put pressure on opposition. 
  • Use of absolute power affecting the notion of constitutional morality in a parliamentary democracy.
  • Balancing religious rights with the principles of non-discrimination against women in cases like Sabrimala.
  • Challenge of cultivating the value of constitutionalism and human dignity in the minds of people.
  • Vilification of minorities at the time of elections, compromising secularism which is the basic structure of the constitution.
  • Appointments of senior officials like NSA, Principal Secretary to PMO without the consent of the Appointment Committee of the Cabinet.

Also Read: Difference between Constitutionalism and Constitutional Morality 

Contemporary Significance: 

  • Constitutional Morality helps to manage conflicts on issues like LGBTQ+ rights, women’s entry into religious spaces, free speech, and national security vs. civil liberties.
  • It acts as a counterbalance to rigid fundamentalism while promoting stability and evolution in governance.
  • Promotes the idea that the Constitution should not be seen as demanding blind devotion, but as a framework for managing differences through agreed procedures, i.e. as “a living document”.

Way Forward: Strengthening constitutional institutions and protecting against their misuse, promoting civic culture, protection of minorities and ensuring rule of law, liberty, equality, self-restraint.

Panchayati Raj Movement is in Distress

Context: After 75 years of adoption of the Constitution of India and over 32 years of the enactment of the 73rd Constitutional Amendment Act, the Panchayati Raj Institution (PRI) is going through a phase of decline. 

Relevance of the Topic:Mains: Critical analysis of the achievement and functioning of Panchayati Raj Institution. 

Background of the 73rd Constitutional Amendment Act

  • The 73rd Amendment (1992) institutionalised decentralisation in rural India by establishing a three-tier system (village, block, district levels).
  • Key features: Regular elections, 50% reservation for women, SCs, and STs, democratic decentralisation and institution of State Finance Commissions to allocate funds.
  • Despite initial success, the momentum of local governance has recently been stalled, and panchayats risk becoming irrelevant due to societal and technological changes.

Achievements of the Panchayati Raj Institution

  • Increased political participation: Panchayat elections are keenly contested across states.
  • Women’s leadership: 14 lakh+ elected women representatives have assumed leadership roles.
  • Establishment of village level bureaucracy: Constitution has mandated State Finance Commission and administrative mechanism to strengthen the PRIs.
  • Implementation of social sector programs: Gram panchayats play a key role in executing welfare schemes.

Decline of Panchayati Raj Institution

However, it is seen that the institution is going through a phase of decline, the general and systemic reasons leading to decline are:

1. General reasons for the decline:

  • Declining public participation: Local governance is losing significance in decision-making.
  • Overdependence on centrally sponsored schemes: Panchayats lack autonomy due to conditional funding.
  • Politicisation: Panchayats are increasingly influenced by political parties, affecting their neutral functioning.

2. Systemic issues leading to decline:

  • Stagnation in administrative decentralisation: 
    • State governments have not devolved staff and full control over 29 subjects listed in the Eleventh Schedule.
    • Less than 20% of states have fully devolved all 29 subjects (Ministry of Panchayati Raj Report, 2022).
    • Panchayats lack bureaucratic support and decision-making power.
  • Reduced Fiscal Autonomy: 
    • While direct transfers increased from ₹1.45 lakh crore (13th FC) to ₹2.36 lakh crore (15th FC), untied grants fell from 85% to 60%.
    • Tied grants allow the central government to control local spending.
    • Thus, Panchayats are financially constrained and cannot decide their own development priorities.
  • Shift in Welfare Delivery Model: 
    • Direct Benefit Transfers (DBTs) via Jan Dhan-Aadhaar-Mobile (JAM) have reduced panchayat involvement.
      • Example: PM-KISAN (₹6,000 per farmer annually) operates without panchayat participation, reducing local accountability.
  • Rapid Urbanisation & Policy Shift: 
    • The rural population has declined from 75% (1990) to 60% (present); subsequently, the focus on urban governance and issues has increased.
    • Policy priority has shifted towards urban governance and municipal reforms.

Ways to revive Panchayati Raj Institution: 

  • Strengthening Decentralisation:
    • Full devolution of 29 subjects under the Eleventh Schedule.
    • Increased untied funds for local decision-making.
    • Strengthening administrative autonomy by deploying staff at the panchayat level.
  • Implementing technology for governance: Digital tools to enhance citizen participation in planning, budgeting, and grievance redressal.
    • A networked Panchayati raj system can bridge the rural-urban divide.
  • Expanding Panchayat roles in key areas:
    • Migration support: Panchayats can assist in safe internal migration and ensure social security for migrant families.
    • Water conservation & renewable energy: Panchayats can manage common resources using scientific & traditional knowledge.
    • Disaster risk management: Implement early warning systems, resilient infrastructure, and community preparedness programs, disaster-resilient infrastructure, and capacity-building for residents.
  • Strengthening women’s and marginalised groups’ participation:
    • Improve capacity-building programs for elected women representatives & SC/ST leaders.
    • Ensure gender-sensitive governance and reduce bureaucratic resistance to women-led panchayats.
  • Balancing Rural-Urban development:
    • Recognise semi-urbanising villages and create rural-urban governance models (PURA Model).
    • Introduce special financial provisions for peri-urban panchayats dealing with rapid urbanization.
  • Creating a National Policy for Panchayati Raj 2.0:
  • Revisit the constitutional framework of local governance to align with modern challenges.
  • Establish a national commission to reassess panchayat powers, finances, and roles in development.
  • Ensure consistent monitoring and reform based on periodic performance evaluations.

Over 95 Crore people still live in rural India. A new vision is needed to redefine the role of panchayats in changing the development landscape of India.

Trending now

State of India’s Environment 2026: Rising Climate Risks and the Need for Resilience
Karnataka Announces Ban on Social Media for Children Under-16
India–France “Special Global Strategic Partnership”: A New Indo-Pacific Anchor
Front-of-Package Labelling: A Preventive Strategy to Address India’s Rising Lifestyle Diseases