Context: The Central Government has initiated the process to build a memorial for former Prime Minister Dr. Manmohan Singh. He was cremated at the Nigam Bodh Ghat in New Delhi.
Relevance of the Topic: Prelims: Key facts about guidelines related to Memorials.
Major Highlights:
The Former Prime Minister of India Dr. Manmohan Singh passed away on December 26, 2024. The Union Ministry of Home Affairs (MHA) declared seven days of State mourning and announced a state funeral for the dignitary.
He was cremated at the Nigambodh Ghat in Central Delhi (a common cremation place), a first for any former PM.
Is there a rule related to Memorials?
While guidelines exist for State funerals, there is no specific rule or government order regarding allocation of space for memorials for former PMs.
The convention is that former PMs have been cremated at designated places.
Dr. Singh was cremated at a common place of cremation (where even a common man could be cremated).
Trends in the Past:
Except Former PM Vishwanath Pratap Singh, all other former PMs have memorials dedicated to them, majorly in Delhi and other parts of the country. E.g.,
Context: A recent study was conducted by the Azadi Project and Refugee International on the plight of the Rohingya refugees which highlighted the gross violation of human and constitutional rights in the refugee camps.
Relevance of the Topic: Mains: Ethics and status of refugees in India, including citizenship issues.
Who are Rohingya Refugees?
Rohingya people of Myanmar constitute the world’s largest stateless population in the world estimating about 2.8 million.
The group is denied citizenship, rights and faced genocide in the Myanmar’s Rakhine region.
As per the United Nations High Commissioner for Refugees (UNHCR), India hosts a Rohingya population of 22,500 refugees.
India’s stand on Rohingya refugees:
India is neither a signatory to the Refugee Convention, nor a party to the key International instruments such as:
Conventions against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
International Convention for the Protection of all Persons from Enforced Disappearance.
Therefore, India maintains no legal obligations to provide asylum and adhere to non-refoulement.
Policy of Non-refoulement prohibits returning individuals to places where they face persecution, torture, or serious harm, protecting refugee and human rights.
India continues to detain Rohingya refugees under domestic acts like:
The Foreigners Act, 1967 regulates the entry, stay, and departure of foreigners in India, along with deportation of the illegal migrants in India
The Passport Act, 1967 governs the issuance and regulation of passports in India
India categorises Rohingya refugees as ‘Illegal Migrants’.
Additional Information:
Case regarding Rohingyas: Mohammad Salimullah versus Union of India 2021 rejected the plea to prevent deportation of 170 Rohingya illegal migrants.
The Supreme Court rejected the plea stating the right to reside is not a right under Article 21.
The matters regarding Citizenship are part of the Union list in Schedule VII.
Arguments for Non-Refoulement of Rohingyas:
International Obligation: India is a signatory to the International Covenant on Civil and Political Rights, whose Article 7 refrains from the refoulement of refugee to a place where that can face torture or cruel treatment.
Lack of Domestic Law: Legal vacuum regarding refugee issue makes a ground to follow the international conventions and norms in this regard as per the Supreme Court in Vishakha versus State of Rajasthan case 1997.
Constitutional Morality: Following non-refoulement principle will uphold constitutional morality as Article 51(c) of constitution mandates that the state must strive to promote respect for international laws and treaty obligations.
Discriminatory Policy: The refuge policy of the government is discriminatory as Citizenship Amendment Act 2019 excludes persecuted rohingya muslims.
Arguments against Policy of Non-Refoulement:
Non-signatory: India is not signatory to the Refugee convention, hence, India does not have a specific obligation on non-refoulement.
Internal security: India’s security policy is strictly against illegal migration as it can create law and order issues in the nation. Example: Rohingya settlements in Sri Nagar removed due to security concerns.
Resource constraints: India already has a vast population under poverty to address. Migrants will pose an additional burden on national resources.
Cascading demand: Providing refugee status to Rohingya will have a cascading demand from the other regions too. Example: Ahmadiyya Muslim population in Pakistan.
Difference between Asylum Seekers and Refugees:
Asylum Seeker:
An asylum seeker is someone who has fled their home country and is seeking international protection but has not yet been formally recognised as a refugee.
They apply for asylum in another country, claiming they are at risk of persecution but their status is still under review.
For example, Julian Assange took refuge in Ecuador’s embassy and Sheikh Hasina took asylum in India after the upsurge in Bangladesh.
Refugees:
A refugee is someone who has been recognised under international law (E.g., the 1951 Refugee Convention) as being unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Refugees are granted protection and legal rights in the host country.
Status of Rohingya: UNHCR recognises and registers the Rohingya as refugees
Conclusion: The Rohingya issue is complex as it involves the angles like international law; internal security and governance; and ethical issues like humanity and protection to the aggrieved. India in order to address such challenges and issues should come up with a dedicated law and policy for refugees.
Context: Recently concluded winter session of the Parliament saw a lot of disruptions. In this context, let us discuss the features of parliamentary form of government, importance of Parliamentary productivity, and reasons for decline of Parliament and the way ahead.
Relevance of the Topic: Mains: Declining Productivity of Parliament (Trends, Outcomes and Way Forward).
Constitutional Provisions
Article 74 and 75:
Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
Article 75: Other provisions as to the Minister.
Article 163 and 164:
Article 163: Council of Ministers to aid and advise the Governor.
Article 164: Other provisions as to Ministers.
Features of Parliamentary form of Government
President is the Nominal Executive: President is the nominal head of state, while Prime Minister is the real executive i.e. head of government. (Article 74 states that there shall be a Council of Ministers headed by the PM to aid and advise the President.)
Majority Party rule: Political party with majority on the floor form the government.
Collective Responsibility: Ministers are collectively responsible to Lok Sabha (Art 75)
Political Homogeneity of Council of Ministers: Mostly, Council of Ministers belongs to the same political party with similar ideology.
Double Membership: Ministers are part of both legislature and executive.
Dissolution of Lower House: It can be dissolved on the recommendations of the PM.
Secrecy: Ministers operate on the principle of secrecy of procedure and cannot divulge any information about their proceedings policies and decisions. Oath of secrecy to the ministers is administered by the President/Governor of State.
Significance of Parliamentary Productivity:
The Parliament of India is the supreme legislative body in the country responsible for enacting laws and overseeing the functioning of the government. The roles of Parliament in India include:
Law Making: The primary function of Parliament is to make laws. Bills are introduced in either house of Parliament, debated and discussed, and finally passed as Acts of Parliament.
Scrutiny of Government: Parliament has the power to hold the government accountable by asking questions, seeking clarifications, and conducting debates on government policies and actions.
Budgetary Control: Parliament has the power to approve or reject the government's budget proposals and to scrutinize government spending.
Oversight of Executive: Parliament has the power to investigate and examine the functioning of the executive branch of the government and its various agencies.
Electoral Functions: Parliament has the power to decide on the qualifications and disqualifications of members, conduct elections to fill vacancies, and determine the electoral boundaries.
Constitutional Functions: Parliament has the power to amend the Constitution, approve the proclamation of emergency, and to impeach the President, Vice-President, and other high officials.
Parliament in India is essential for maintaining the democratic system of the country and ensuring that the government is accountable to the people.
Indicators of Declining Productivity of Parliament
Number of Bills Passed: As per the PRS Legislative Research, the number of bills passed by the Lok Sabha (the lower house of India's parliament) has declined in recent years.
15th Lok Sabha (2009-2014)
248 Bills passed
16th Lok Sabha (2014-2019)
205 Bills passed
17th Lok Sabha (2019-2024)
131 Bills passed
Question Hour: An important aspect of parliamentary productivity is the ability of MPs to ask questions of the government during Question Hour. However, Question Hour has been disrupted in recent years, with MPs often protesting and preventing the House from functioning.
According to IndiaSpend, 16th Lok Sabha lost 29% of its scheduled time due to disruptions, while the current 17th Lok Sabha has lost 48% of its scheduled time so far.
Private Members' Bills: Private Members' Bills are bills introduced by MPs who are not part of the government. The number of Private Members' Bills being introduced and passed in parliament has declined in recent years. Till date, only 14 Private Members' Bills have been passed and received assent.
Reduced Number of Sittings: The 17th Lok Sabha has only functioned for 230 sitting days so far. With only 1 year left, it will likely be the least productive Lok Sabha till date.
Lack of Discipline and Decorum: Lack of opportunity to present their views and unresponsive attitude of the government further fuels the indiscipline in MPs.
Declining quality of Parliamentary Debates: Parliamentarians generally tow the party line and argue on rhetoric rather than facts and substantial reports. It leads to lack of quality debates in parliament and frequent disruptions.
Legislation through Ordinances: Government is increasingly relying on the ordinance route rather than introduction of bills for crucial issues, this has further subverted the Parliament. E.g., Ordinance to amend the Government of National Capital Territory of Delhi (GNCTD) Act, 1991.
Reasons for the Decline:
Increased Polarisation: Increased polarisation and confrontational politics is leading to frequent disruptions in the House. MPs often engage in protests, sloganeering, and walkouts, which prevent the smooth functioning of parliament. This has resulted in the loss of valuable time and resources, hindering the legislative process.
Lack of Adequate Preparation and deliberation before introducing bills in Parliament. The government often rushes to pass bills without thorough discussions, leading to poorly drafted legislation, inadequate scrutiny and oversight.
Committee System: Committees play a crucial role in scrutinizing bills, conducting in-depth research, and engaging in consultations with stakeholders, which help in drafting effective legislation. Absence of a robust committee system leads to either bypassing of committees or inadequate scrutiny of bills.
Lack of Diversity: Indian parliament lacks diversity, with a significant underrepresentation of marginalised groups, including women and religious minorities. This has resulted in the exclusion of diverse voices and perspectives, leading to the passing of legislation that does not reflect the needs and aspirations of all sections of society.
Declining role of Rajya Sabha: Many ordinary bills are introduced and passed as money bills so as to evade the scrutiny of Rajya Sabha. E.g., Aadhar Bill.
Increased Expulsion: Increased expulsion of members of opposition on grounds of being unruly.
Decline in Parliamentary Standards: Reduced expectations from the public coupled with declining parliamentary standards.
Outcomes of Parliamentary Decline
Performance Decline: Decline in the productivity of Parliament impairs its ability to effectively perform the duties that have been entrusted to it by the Constitution".
Impairs basic legislative function: MPs are not able to ask ministers tough questions during question hour to assess the work that their ministries are doing. With disruptions eating into the time available for parliamentary business, adequate time is not available for debating legislation.
Bills passed without Debate: As a result, bills either get passed without effective debate or remain pending in Parliament. With Parliament meeting for a fewer number of days and with its productivity falling on account of disruptions, MPs are not able to raise matters of urgent public importance and bring it to the attention of the government.
Reduced Scrutiny: When Parliament does not function, laws needed to address challenges in governance are not legislated, the government gets away with minimal scrutiny over its functioning, and MPs lose out on the opportunity to represent the interests of their constituents.
Loss of Faith: Decline of parliament leads to loss of faith in the institution of Parliament and its role in upholding Indian democracy.
Way Forward
British Convention: In the British Parliament, there are certain days in a week in each Parliamentary session where the opposition parties are allowed to determine the agenda for the day’s discussion. (20 days a year.)
Increased Frequency: Parliament should meet more frequently. In the 1950s, Parliament met for 120-140 days every year; now it ranges between 60 and 70 days.
Longer sitting hours: The House of Commons sits for about 150 days in a year with an average sitting lasting for seven and a half hours. Currently our Parliament meets for an average of 70 days in a year and the rules provide that Lok Sabha would meet for 6 hours and Rajya Sabha for 5 hours.
Parliamentary Schedule is decided by the government, which can postpone or curtail a session if faced with uncomfortable issues. It can be fixed in two ways.
First, a calendar of sittings should be announced at the beginning of each year for limited flexibility.
Second, the rules should be amended to ensure that the House is summoned if a significant minority (say 25% or 33%) of members gives a written notice.
In the UK, the PM is bound by a constitutional convention to respond to questions directly posed to him by MPs. It is not so in India.
Technology: Parliament should leverage technology such as using electronic voting systems, enabling remote attendance for members, and enhancing digital communication channels. This would enable parliament to function more efficiently, reduce disruptions, and save time and resources.
Capacity Building: There should be a focus on capacity-building and training for parliamentarians, particularly in areas such as legislative drafting, public speaking, and committee work. This would enable MPs to be more effective in their roles, contributing to better legislative outcomes and increased productivity.
Introducing Parliament Productivity Index (PPI) that measures both the productivity of a session of Parliament and identifies five most disruptive MPs on the basis of clearly defined parameters.
Establishing Parliamentary Reforms Commission: Experts like Subhash C Kashyap have suggested the establishment of a parliamentary reforms commission to improve the efficiency of parliamentary procedures and practices.
Context: The SVAMITVA scheme, which aims to issue legal property cards to rural families, finds hindrance in its implementation as ten states are yet to join the scheme, citing existing systems and other reasons.
Relevance of the topic:
Prelims: SVAMITVA scheme- Facts about the Scheme
Mains: SVAMITVA- Benefits, Concerns
About SVAMITVA Scheme
SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
It is a central sector scheme which was launched nationally on the occasion of National Panchayati Raj Day on 24th April 2021.
Initiative of: Ministry of Panchayati Raj.
The scheme is a collaborative effort of the Ministry of Panchayati Raj, State Panchayati Raj Departments, State Revenue Departments.
Survey of India is the Technology Implementation Agency.
The scheme is a reformative step towards establishment of clear ownership of property in rural inhabited (Abadi) areas.
It provides the ‘record of rights’ to village household owners possessing houses in inhabited rural areas in villages. The legal ownership cards (Property cards/Title deeds) would be issued to the property owners by mapping land parcels using Drone survey and CORS (Continuously Operating Reference Stations) Networks which provides mapping accuracy of 5 cm.
It will cover around 6.62 Lakh villages of the entire country during 2021-2025.
Eligibility: The applicant should have a property in rural inhabited (Abadi) area.
Exclusions: Agricultural Lands are not covered under this scheme.
Benefits of SVAMITVA Scheme
Reduce property-related disputes and legal cases by creating accurate land records.
Financial stability to the citizens in rural India by enabling them to use their property as a financial asset for taking loans and other financial benefits.
Creation of survey infrastructure and GIS (Geographic Information System) maps that can be leveraged by any department for their use.
Preparation of a better-quality Gram Panchayat Development Plan aided by proper land records and use of GIS maps enhances governance.
Financial federalism: Determination of property tax, which would accrue to the Gram Panchayats directly in States where it is devolved or else, add to the State exchequer.
States’ Reservations in implementation of SVAMITVA Scheme
Ten states including Tamil Nadu, West Bengal and Bihar are yet to join the SVAMITVA scheme.
Existing systems of similar measures:
‘Natham’ areas in Tamil Nadu, for instance, have legal validity for their land records and can be used to apply for bank loans.
Bihar Special Survey and Settlement Act, 2011 has been carrying out the survey of the entire State with maps, records and rights.
Prior Abaadi records exist in West Bengal.
Limited coverage:
Jharkhand has paused the implementation of SVAMITVA due to the perceived conflict in giving property rights under the Santhal Pargana and Chotanagpur Tenancy Acts.
Odisha and Assam have allowed limited coverage of the scheme in their jurisdictions.
Non-inclusion of certain areas:
Many States, including Uttar Pradesh, have not extended the Abaadi area to include the agricultural land on which people have constructed houses and are staying in villages.
Context: The government has proposed an amendment to the Commercial Courts Act 2015 aiming to expeditecommercial dispute resolution.
Relevance of the topic:
Prelims: Terms related to Alternate Dispute redressal.
Mains: Analysis of status of Alternate Dispute Redressal in India.
Major Highlights:
The government is working to establish dedicated Commercial Courts with jurisdiction and power conferred under Commercial Court Act 2015.
The goal is to:
Institutionalise, license and regulate Arbitration in India.
Prompt institutionalisation of the Arbitration Council of India (established under 2019 amendment) to standardise arbitration across the country.
What is Arbitration?
Arbitration is a method of resolving disputesoutside the traditional Court System. It involves neutral third parties, known as arbitrators, agreed upon by the disputing parties.
Key Characteristics of Arbitration:
Voluntary in nature involving mutual consent of the parties prior to the contract.
Flexibility as compared to formal court procedures.
Binding and non-binding depending upon the nature of agreement.
About the Arbitration and Conciliation (Amendment) Bill 2024
The bill is drafted to amend the Arbitration Act 1996, as per the recommendations of Justice Srikrishna Committee.
Earlier Amendments in Act of 1996:
The 2015 Amendment was aimed to reduce court intervention and make the act more user-friendly.
The 2019 Amendment to create an independent body to grade arbitral institutions named Arbitration Council of India.
The 2021 Amendment to reduce frauds, specify the arbitrators qualifications and promote global competitiveness.
Key Features of the Proposed Bill of 2024:
Define Arbitration Institutions as a body that conducts arbitration proceedings under its own rules or as agreed by parties, streamlining the arbitration process.
Recognising Institutions: The bill shifts from grading to recognising the arbitration institutions, focusing on their accreditation and the provision of model procedural rules.
Introduction of Appellate Tribunal: Arbitration Appellate Tribunal to further reduce court interventions in the awards.
Emergency Arbitration provisions for interim relief before the constitution of the arbitral tribunal.
Time limit: The court must decide on arbitration referral within 60 days.
Benefits of the Proposed Amendments
Promoting institutionalisation of arbitration procedure in India by addressing loopholes.
Reduce court interventions by proposing appellate tribunal.
Timely conclusion of disputes by proposing time limits for courts to referral for arbitration.
Providing interim relief by providing provision for emergency relief.
Challenges Associated with Arbitration Ecosystem in India
Nascent Institutionalisation: The Arbitration Council of India (ACI), established under the 2019 amendment, became operational only in 2023.
Delay in Awards: Arbitration awards are often delayed due to delay in court referral and appeal in courts.
Lack of Awareness: The arbitration is predominantly utilised by large businesses. Small and medium businesses are still unaware about the process.
Competition: Indian Arbitration faces stiff competition from Singapore's arbitration due to its effectiveness and user-friendly practices.
Conclusion: Arbitration is the key to address commercial disputes to enhance ease of doing business and reduce judicial pendency. Institutionalisation, hassle free process and quality arbitrators need to be provided to make arbitration effective in India.
Context: According to the data released by the Election Commission, 1,19,374 citizens are registered as overseas electors in 2024. However, only 2,958 overseas electors flew down to India to participate in the General Elections. Of these, a maximum of 2,670 were from Kerala alone.
Relevance of the Topic: Prelims: Key facts about Overseas Voters; Proxy voting in India; Electronically Transmitted Postal Ballot System
Background:
The government of India has provisions to allow its citizens to cast a vote during an election in three different ways:
in Person
though Postal Voting
through Proxy Voting.
About Overseas Elector/Voter
Definition:
An overseas elector is a person who is a citizen of India and is eligible to be registered as a voter and who is absent from his place of ordinary residence in India owing to employment, education etc.
He is eligible to be registered as a voter in the constituency as mentioned in his passport.
According to the provisions of Section 20A of the Representation of People Act, 1950, an Non Residential Indian (NRI) settled in foreign land can become an elector in the electoral roll in India.
Eligibility:
Every Indian citizen, who has attained the age of 18 years on the qualifying date, is eligible to be registered as a voter in the roll of the part/polling area of the constituency where he is ordinarily resident.
A person who is not a citizen of India is not eligiblefor registration as a voter in the electoral rolls in India.
Those who have ceased to be citizens of India on acquiring the citizenship of another country are not eligible to be enrolled in the electoral rolls in India.
Process for an Overseas Indian (NRI) to get Registered in the Electoral Roll:
He has to file an application for the purpose in prescribed Form 6A before the Electoral Registration Officer of the constituency within which the place of ordinary residence of the applicant in India as given in his passport.
The application accompanied by self-attested copy of the relevant documents can be filed:
in person before the concerned Electoral Registration Officer / Assistant Electoral Registration Officer or
sent by post addressed to him or
can be filed online on the website of the Chief Electoral Officer of the concerned state or the website of the Election Commission of India.
Overseas Indians are not eligible for Proxy voting as of now.
Proxy Voting in India and Overseas Voters:
Proxy voting allows a registered elector to delegate his voting rights to a representative he nominates.
Proxy voting is not available to overseas voters, it is currently limited to classified service voters serving in the armed forces or paramilitary forces only. The proxy also must be a registered voter of the same constituency.
In 2018, the 16th Lok Sabha passed a bill to allow proxy voting rights to eligible overseas Indians. The bill, however, could not be brought to the Rajya Sabha.
In 2020, the ECI proposed to the Union Law Ministry to extend the Electronically Transmitted Postal Ballot System (ETPBS) facility to eligible overseas Indian voters. So far, it is available only to the service voters.
Since it requires changes in the election rules, the government has so far not taken a call on the issue.
Electronically Transmitted Postal Ballot System (ETPBS):
The Electronically Transmitted Postal Ballot System (ETPBS) is developed by the ECI and implemented in line with the existing Postal Ballot System.
Postal Ballot will be transmitted through electronic means to the voters. It enables the voters to cast their vote on an electronically received postal ballot from their preferred location, which is outside their originally assigned voting constituency, and send back the marked postal ballot through the post.
In the ETPBS system this postal ballot is sent in two parts i.e., e-Postal Ballot and e-PB PIN.
The e-Postal Ballot is sent to the Unit officer of the service officer which will be a password protected PDF.
Similarly the e-PB PIN will be sent to the Record officer of the service voter.
The Service voter has to collect e-PB and e-PB PIN from both officers, take print outs and follow the instructions to cast the vote. The e-PB needs to be sent on the provided address before the counting date by Post.
Hence, at present the overseas voters in India can only vote by being physically present at their polling station. The facility of Proxy voting and the Electronically Transmitted Postal Ballot System (ETPBS) are not yet available to them.
Context: In 2022-23, the PM CARES Funds received Rs 909.64 crore as voluntary contributions and Rs 2.57 crore as foreign contributions.
Relevance of the Topic: Prelims: Key aspects of the PM CARES Funds.
About the PM CARES Fund
PM Cares (Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund) was created on 27 March 2020, following the COVID-19 pandemic in India.
It was registered as a Public Charitable Trust under the Registration Act, 1908.
Objectives: A dedicated fund with the primary objective of dealing with any kind of emergency or distress situation (either man-made or natural) and to provide financial assistance to the affected population.
Key details of the PM CARES Fund
The fund consists entirely of voluntary contributions from individuals/organisations and does not get any budgetary support. The fund will be utilised in meeting the above objectives.
Donations to PM CARES Fund would qualify for 80G benefits for 100% exemption under the Income Tax Act, 1961.
Donations to PM CARES Fund will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
PM CARES Fund has also got exemption under the FCRA (Foreign Contribution (Regulation) Act, 2010 and a separate account for receiving foreign donations has been opened.
This enables PM CARES Fund to accept donations and contributions from individuals and organisations based in foreign countries.
This is consistent with respect to the Prime Minister’s National Relief Fund (PMNRF). PMNRF has also received foreign contributions as a public trust since 2011.
Prime Minister is the ex-officio Chairman of the PM CARES Fund. The Minister of Defence, Minister of Home Affairs and Minister of Finance, Government of India are ex-officio Trustees of the Fund.
Issues arising in the PM CARES Fund
Ambiguity in legal status: The PM CARES Fund is not created under any specific law, statute of Parliament or State legislature, which has raised questions about its legal and constitutional standing.
Definition of State: Fund is using government symbols, domain name (gov.in), and its association with high public and constitutional functionaries creates confusion about whether it qualifies as a "state" under Article 12 of the Constitution.
Not a public authority under RTI Act: The Fund is not classified as a "public authority" under the RTI Act, limiting public access to its contributions, operations and decision-making processes. It is also exempted from audit by India's Comptroller and Auditor General (CAG).
Conflict with PMNRF: For similar purposes and grounds, we already have the Prime Minister National Relief Fund, PM Cares, a parallel channel for contribution without public scrutiny.
Tax exemptions: Contributions to the Fund enjoy tax exemptions under the Income Tax Act, Companies Act etc. which is an indirect form of subsidy.
Information Disclosure: Third-party information regarding contributions is not disclosed, limiting transparency and public scrutiny of the fund’s activities.
Context: Recently, the House of Commons in the United Kingdom voted in favour of the Terminally Ill Adults (End of Life) Bill to legalise assisted dying. The Bill allows terminally ill patients to request assistance to end their own life.
India has legalised passive euthanasia (withdrawing life support for terminally ill patients) through the Supreme Court’s ruling.
Relevance of the topic:
Prelims: Assisted dying, assisted suicide and euthanasia.
Mains: Developments regarding ‘Right to Die with Dignity’.
What are assisted dying, assisted suicide and euthanasia?
1. Assisted Dying:
Assisted dying generally refers to a person who is terminally ill receiving lethal drugs from a medical practitioner, where the patient self-administers the medication.
Legal status in India: Not recognised or permitted under the Indian law. It is viewed as a form of suicide.
Note:
Suicide was decriminalised in India through the Mental Healthcare Act (MHCA), 2017.
However, abetting or aiding someone to suicide is punishable under section 306 of the Indian Penal Code (IPC).
2. Assisted Suicide:
Assisted suicide is intentionally helping another person to end their life, including someone who is not terminally ill. That could involve providing lethal medication or helping them travel to another jurisdiction to die.
Legal status in India: Prohibited under the Indian law. Assisting someone to suicide is punishable under section 306 of IPC.
3. Euthanasia:
Euthanasia is the act of deliberately ending a person's life to relieve suffering in which a lethal drug is administered by a physician. Patients may not be terminally ill.
There are two types:
Voluntary euthanasia where consent is given by a patient.
Non-voluntary where a patient cannot consent. (E.g., they are in a coma).
Legal status in India:
Active Euthanasia: It means killing a patient by active means (injecting a patient with a lethal dose of a drug). Active Euthanasia is illegal in India and a crime under section 302 or section 304 of IPC.
Passive Euthanasia: Legal in India. It is the refusal of treatment, or withdrawal of life support, to allow a patient to die.
Developments regarding ‘Right to Die with Dignity’
Aruna Shanbaug vs. Union of India, 2011: In the landmark judgement, the Supreme Court, issued a set of broad guidelines legalising passive euthanasia in India. Life-sustaining treatment could be legally withdrawn from the persons in vegetative state without decision-making capacity.
Common Cause vs Union of India 2018: SC recognised the right to refuse medical treatment even if it might result in death (i.e., Right to die with dignity) as a fundamental right under Article 21 (Right to life and personal liberty) of the Indian Constitution. It recognised ‘living wills’ or ‘advance medical directive’.
Common Cause vs Union of India 2023: SC simplified the process of executing ‘Advance Medical Directive’ or ‘living wills’ for terminally ill patients.
September 2024: Draft guidelines were published by the Ministry of Health and Family Welfare (MoHFW) for the ‘Withdrawal of Life Support in Terminally ill Patients’ in compliance with the Supreme Court’s 2018 and 2023 orders on the right to die with dignity.
Context: Recently, a U.S. court ruled that Israel’s NSO Group was liable for installing Pegasus (a spyware) on the phones of targeted individuals through WhatsApp. This raises the threats of state-sponsored surveillance on the citizens. In order to protect privacy and data security and to evade the risks of unchecked surveillance practices, India needs a surveillance reform.
Relevance of the topic:
Prelims: Key facts on Malwares (like Pegasus).
Mains: Detailed question on needs for reforms in surveillance system in India.
About Pegasus
Pegasus is a spyware developed by a private Israeli cyber-security firm (NSO Group) which can infiltrate mobile phones and can be used for eavesdropping and harvesting individual’s data.
There are reports that Pegasus was used to keep surveillance of 300 individuals in India including rights activists, journalists, judges, ministers, opposition leaders etc.
Associated Concerns with Spyware Surveillance
Erodes press freedom: The surveillance through spyware will impact press freedom and the ability to report without fear. India already ranks 142/180 in the Press Freedom Index released by Reporters without Borders.
By-passes existing laws: A traditional surveillance was based on provisions of Indian Telegraph Act 1885 and IT Act 2000. But spying through spyware can be used to bypass the 'due process’.
Scope of misuse: A spyware surveillance can be used against political adversaries and dissenting voices threatening democratic principles. Report suggests that Opposition leaders were spied on using Pegasus.
Need for Reforms in Surveillance System in India:
Lack of Oversight Mechanism: Current laws likeSection 69 of IT Act, Indian Telegraph Act (ITA), 1885 and Interpretation Rules of 2009 grant government surveillance powers without independent legislative oversight, potentially enabling unchecked surveillance by concentrating power within the executive.
Violation of Fundamental Rights: The fundamental rights like Article 19 and Article 21 push the idea of freedom of speech and personal liberty respectively. Surveillance violates both the rights.
Lack of Transparency: The government has implemented various surveillance programs, such as the CMS, NETRA and NATGRID facing criticism for their lack of transparency and potential for abuse.
Risk from Emerging Technologies: New emerging technologies like spywares and 'No click viruses’ have made unofficial surveillance easy, so reforms are required in the IT Act.
Issues with Data Protection Act: Laws like the Data Protection Act are criticised for giving extensive exemption to the government agencies, allowing them to access personal data with minimal accountability.
Concretisation of laws: The ambiguous provisions like section 69 of IT Act need to be made more clear to avoid executive misuse. Revisions in the IT Act and the Indian Telegraph Act to incorporate strict safeguards for their misuse.
Judicial Oversight: The surveillance needs to be made synchronous with the judicial process to follow 'due process’ during surveillance, respecting one's Right to speech and personal liberty.
Promote transparency: Allowing information about the data of surveillance of individuals through Right to Information.
Using legal means: There should be a clear policy to avoid the misuse of spyware to ensure accountability of surveillance.
Integration with Global standards: Nations like the US and European Union Nations have strict data protection laws ensuring transparency and accountability in surveillance. E.g., EU’s GDPR.
Surveillance is the key component to ensure the public order, security and integrity of the nation. But, use of unofficial means like spyware can hamper personal liberty and freedom of speech. There should be a clear and prompt policy on surveillance to promote the fundamental values ascribed in the constitution.
Context: Persistent challenges within the Indian Administrative Service (IAS) and the wider bureaucracy have highlighted the urgent need for administrative reforms.
Indian Civil Services:
In 1858, the British introduced the Indian Civil Service to select officers for administering the country. After independence, the Union Public Service Commission conducted such exams.
Article 312 of the Indian Constitution deals with All India Services. It empowers the Parliament to create All India Services, common to both The Union and the States. The merit system aims to build career bureaucrats expected to function without any political leanings and provide independent advice to the incumbent political executive.
Civil Servants have been instrumental in:
conducting free and fair elections
ensuring smooth transfer of power both at the Centre and States
ensuring uninterrupted administration during the President’s rule
advising ruling governments in policy making
implement the policies made by the political executive etc.
executing and monitoring programmes, and laying down laws, rules and regulations.
The responsibilities of civil servants have increased from being regulator to facilitator of services, reflected in ‘minimum government and maximum governance’, which demands a proactive role. However, the civil services suffer from significant challenges.
There have been enduring issues of development, income inequality, underinvestment in critical sectors, and bureaucratic inefficiency, at the same time, issuesof political interference, lack of specialisation, and outdated personnel practices have gradually eroded the effectiveness of bureaucracy.
Relevance of the Topic: Mains: Civil Services Reforms: Challenges & Way Forward
Issues facing Civil Services/ Servants
Entrenched bureaucracy: The Indian Administrative Service (IAS) is deeply embedded in governance, making reforms challenging due to resistance from within the service, particularly against proposals for lateral entry and performance-based promotions.
Resistance to change: Seniority-based progression, generalist nature and resisting a shift to performance-based promotions has been institutionalized, leading to reluctance in adopting reforms like lateral entry that emphasize merit and policy specialisation.
Political interference: Arbitrary transfers, politically motivated decisions and political pressures complicate reform efforts, undermining bureaucratic neutrality and accountability. Initiatives like the Civil Services Standards, Performance, and Accountability Bill (2010) have stalled due to lack of political will and consensus.
Bureaucratic Inertia: Issues such as rising indiscipline, bureaucratic elitism, and corruption contribute to a culture resistant to change, maintaining the status quo.
Capacity Challenges: Insufficient infrastructure, training programs, and manpower shortages hinder effective implementation of reforms. For instance, the Central Bureau of Investigation (CBI) faces a 23% personnel shortfall.
Accountability: The bureaucracy often operates without clear performance metrics, leading to a culture of impunity where poor performance or corruption can go unpunished.
Centralised decision-making: Executive-led governance in India, characterized by centralized decision-making, has yielded mixed results. While it has facilitated rapid economic reforms and infrastructure development, it has also led to bottlenecks in policy implementation and accountability.
Corruption: Corruption and inefficiency plague the bureaucracy. According to the World Bank’s measure of government effectiveness, India ranks only moderately, reflecting the poor quality of policy implementation and administrative independence.
Skill development: Many civil servants lack modern skills required for effective governance in a digital economy, impacting the implementation of initiatives like e-governance, data led governance.
Coordination problems: The hierarchical structure leads to poor coordination among departments and procedural delays in implementing reforms.
Civic Engagement: The current administrative framework often lacks interaction with citizens, making reforms less responsive to public needs.
Data Infrastructure Investment: There is a need for robust data systems to track bureaucratic performance effectively and inform decisions on placements and promotions.
Way Forward
Merit and expertise-based recruitment: Prioritising domain knowledge and skills over generalist qualifications during recruitment.
Performance-based promotions: Linking promotion and career advancement to measurable outcomes rather than tenure.
Protection from Political Pressures: Safeguards against arbitrary transfers to ensure bureaucratic stability as recommended by the Supreme Court in TSR Subramanian vs. Union of India.
Encouraging Specialisation: Assigning bureaucrats to policymaking roles based on expertise.
Enhanced data infrastructure: Developing systems to track performance for better decisions on placements and policy execution via e governance.
Coordination among departments: Bureaucratic silos have led to poor inter-departmental coordination and policy implementation delays; this needs to shift towards an integrated approach.
Comprehensive Administrative Reforms: A unified strategy to balance governance efficiency with accountability, aligning reforms with India’s economic and developmental goals. (360-degree evaluation).
Context: The Union Government has recently notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 empowering some enforcement and security agencies to intercept phone messages under certain conditions. These rules supersede rule 419A of the Indian Telegraph Rules, 1951.
Relevance of the Topic: Prelims- Key aspects of Telecommunications Rules 2024.
Background:
The Indian Telegraph Rules, 1951 are a set of regulations established under the Indian Telegraph Act, 1885, governing the operation and usage of telecommunication services in India.
It includes provisions for message transmission, interception in specific situations, and defining the responsibilities of both service providers and users.
A key aspect of the rules is the ability for authorised government agencies to intercept communications under certain emergency and security situations (Section 419A).
Key provisions of Telecommunications Rules, 2024:
Authorised authorities: The Union Home Secretary and the Chief Secretary of each state are designated as the competent authorities to order message interceptions. In urgent situations, officers of Joint Secretary rank or Inspector General (IG) level can issue interception orders without prior approval, but they must submit these orders for confirmation within three working days.
Operational flexibility: The rules allow interception in "remote areas or for operational reasons" without requiring prior authorization from the competent authority, a significant relaxation from previous stipulations that mandated interception only in "emergent cases".
Confirmation requirement: Any interception order issued must be confirmed by the competent authority within seven working days. If not confirmed, any intercepted messages cannot be used for any purpose, including legal evidence.
Record Management: Agencies are required to destroy records related to interceptions every six months unless they are needed for ongoing investigations or court orders in order to maintain confidentiality and limit the misuse of intercepted data.
Differences from previous regulations:
Relaxation of interception conditions: The previous requirement that interceptions could only occur in "emergent cases" has been removed. This change allows for broader circumstances such as situations where it is not feasible to obtain prior orders in remote areas or due to operational reasons.
Limitation on authorised officers: Previously under Rule 419A, there was no cap on the number of officers at the IGP level who could authorize interceptions, but now, only one second senior-most officer can be authorized alongside the head of the agency.
Consequences of non-confirmation: Under the new rules, if an interception order is not confirmed within seven days, any messages intercepted during that period cannot be utilized for any purpose such as evidence in court.
Concerns raised:
There are concerns regarding privacy and accountability.
Potential for misuse: Critics argue that the broad grounds for interception could lead to abuses of power by authorized agencies.
Silent about punitive measures: There are no clear punitive measures outlined for unauthorized interceptions conducted before confirmation.
Vague terminology: Terms such as "public order" and "friendly relations with foreign States" are seen as overly broad and potentially subject to misuse against political opponents or activists under the guise of national security.
Context: The Deputy Chairman of the Rajya Sabha has rejected the Opposition’s No-Confidence Motion against the present India’s Vice President and Rajya SabhaChairman Jagdeep Dhankhar. The reasons for rejection included a wrong spelling of Mr. Dhankhar’s name in the notice.
Relevance of the Topic:Prelims: Key facts about the office of Vice President of India.
Vice President
The Vice-President of India is the second highest constitutional office in the country (after the President of India). This office is modeled on the lines after the American Vice-President.
He serves for a five-year term but can continue to be in office even after the expiry of the term until the successor assumes office. He is also eligible for re-election to that office for any number of terms.
Qualifications:
To be eligible for election as Vice-President, a person should fulfil the following qualifications:
Citizen of India.
Completed 35 years of age.
Qualified for election as a member of the Rajya Sabha.
Not hold any office of profit under the Union government or any state government or any local authority or any other public authority.
Note: The sitting President or Vice-President, the Governor of any state, a Minister (Union or any State) is not deemed to hold any office of profit, and hence can contest the election for the Vice-President.
Powers and Functions of the Vice-President:
He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha.
He acts as President when a vacancy occurs in the office of the President due to his resignation, impeachment, death or otherwise.
He can act as President only for a maximum period of 6 months within which a new President has to be elected.
While discharging the functions of President, the Vice-President does not perform the duties of the office of the chairman of Rajya Sabha.
During this period, those duties are performed by the Deputy Chairman of Rajya Sabha.
Removal of Vice-President:
Article 67: The Vice-President holds office for a term of five years.
He can resign from his office at any time by addressing the resignation letter to the President.
He can also be removed from the office before the completion of his term.
Aformal impeachment is not required for the removal of the Vice President.
He can be removed by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha.
This means that this resolution should be passed in the Rajya Sabha by an effective majority and in the Lok Sabha by a simple majority.
This resolution can be introduced only in the Rajya Sabha and not in the Lok Sabha.
No such resolution can be moved unless at least 14 days' advance notice has been given. Notably, no ground has been mentioned in the Constitution for his/her removal.
Article 92. The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration in the Rajya Sabha.
The Chairman shall have the right to speak and take part in the proceedings of Rajya Sabha while such a resolution is under consideration.
He shall not be entitled to vote at all on such resolution or on any other matter during such proceedings.
About Deputy Chairman of Rajya Sabha:
The Deputy Chairman is elected by the Rajya Sabha itself from amongst its members. Whenever the office of the Deputy Chairman falls vacant, the Rajya Sabha elects another member to fill the vacancy.
The Deputy Chairman vacates his office in any of the following three cases:
if he ceases to be a member of the Rajya Sabha
if he resigns by writing to the Chairman; and
if he is removed by a resolution passed by a majority of all the then members of the Rajya Sabha (i.e., an effective majority). Such a resolution can be moved only after giving 14 days' advance notice.
The Deputy Chairman performs the duties of the Chairman's office when it is vacant or when the Vice-President acts as President or discharges the functions of the President.
He also acts as the Chairman when the latter is absent from the sitting of the House.
The Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.
Like the Chairman, the Deputy Chairman, while presiding over the House, cannot vote in the first instance; he can only exercise a casting vote in the case of a tie.
When a resolution for the removal of the Deputy Chairman is under consideration of the House, he cannot preside over a sitting of the House, though he may be present.
When the Chairman presides over the House, the Deputy Chairman is like any other ordinary member of the House. He can speak in the House, participate in its proceedings and vote on any question before the House.
Like the Chairman, the Deputy Chairman is also entitled to a regular salary and allowance. They are fixed by Parliament and are charged on the Consolidated Fund of India.
