Context: A recent case study by Oxford titled ‘From Gridlock to Growth: How Leadership Enables India’s PRAGATI Ecosystem to Power Progress’, has spotlighted PRAGATI (Pro-Active Governance and Timely Implementation) as a game-changer in India’s digital governance landscape.
About PRAGATI:
PRAGATI (Pro-Active Governance and Timely Implementation) is a multi-modal interactive platform launched in 2015.
It is aimed at addressing grievances of citizens and simultaneously monitoring and reviewing important programmes and projects of the Government at Centre & State level.
It is a robust system for bringing e-transparency and e-accountability with real-time presence and exchange among the key stakeholders.
It combines leadership with video conferencing, geo-spatial technology (drone feeds), and digital data management to enable oversight of critical infrastructure.
Active Oversight: Direct involvement of the Prime Minister ensures consistent monitoring and resolution of delays. It also encourages urgency and accountability among bureaucrats, engineers and key stakeholders.
Digital tools for Project Management: Integrates video conferencing, drone feeds, and data management for effective oversight enabling transparent tracking of progress and bottlenecks faced in the project.
Collaboration at various Government levels: Encourages cooperation between central and state governments, various stakeholders promoting cooperative federalism.
Efficiency and Accountability: Promotes swift resolution of project delays and resolves bureaucratic hurdles at the top level.
Role model for Platforms: It has inspired creation of platforms like PM Gati Shakti (geospatial planning) and PARIVESH (streamlined environmental clearances) and created a comprehensive digital ecosystem for infrastructure development.
Economic Impact: RBI studies have shown that every ₹1 spent on infrastructure yields a ₹2.5-3.5 gain in GDP, thus it will support India’s growth towards becoming the third-largest economy by 2027.
Success Stories:
Completion of Long-Delayed Projects: National Highway 8 (Maharashtra), Chenab Bridge (Jammu and Kashmir), Bogibeel Bridge (Assam): Completed within 3 years after a decade of stagnation.
Accelerated Social Development Programs: Improved rural electrification and provision of tap water connections to millions of households.
Reduced delays in infrastructure and environmental clearances: PARIVESH reduced clearance times from 600 days to 70-75 days.
Context: Recently, the U.S. President Joe Biden has granted an unconditional pardon to his son Hunter Biden who faced sentencing for federal tax and gun convictions. In this context, let us understand the pardoning powers of the President of India, and the comparison with the pardoning powers of the US President.
Relevance of the topic:
Prelims: Article 72: Pardoning power of the President of India.
Mains: Comparison of Indian Constitution scheme with that of other Countries.
Historical background:
UK: The ‘royal prerogative of mercy’ is a historic prerogative of the British monarch to grant pardons to convicted persons. This was originally used by the monarch to withdraw or provide alternatives to death sentences, however, at present it is used to grant clemency for any sentence or penalty based on ministerial advice.
USA: In the U.S. Constitution under Article II Section 2(1) the President can grant pardon except in cases of impeachment. The U.S. President has absolute power of pardon for federal criminal offences. Such a pardon may be issued prior to the start of a legal case as well as prior to or after a conviction for a crime.
Once accepted, the pardon grants relief from punishment and associated disqualifications but does not erase the conviction record.
India: Section 295 of Government of India Act 1935 provided with the Governor-General discretionary powers of suspension, remission or commutation of sentence.
Pardoning power of the President of India:
Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offence in all cases where the:
Punishment or sentence is for an offence against a Union Law.
Punishment or sentence is by a court martial (military court).
Sentence is a sentence of death.
The pardoning power of the President is independent of the Judiciary. The President, while exercising this power, does not sit as a court of appeal. The object of conferring this judicial power on the President is two-fold:
to keep the door open for correcting any judicial errors in the operation of law; and,
to afford relief from a sentence, which the President regards as unduly harsh.
The pardoning power of the President includes the following:
Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments, and disqualifications.
Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
It is to be noted that under Article 161 of the Constitution, the Governor of a state also possesses the pardoning power. Hence, the governor can also grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against a state law.
But the pardoning power of the Governor differs from that of the President in following two respects:
The President can pardon sentences inflicted by court martial (military courts) while the Governor cannot.
The President can pardon death sentences while the governor cannot. Even if a state law prescribes a death sentence, the power to grant pardon lies with the President and not the governor. However, the governor can suspend, remit or commute a death sentence. In other words, both the governor and the President have concurrent power in respect of suspension, remission and commutation of death sentences.
Landmark cases:
Maru Ram vs Union of India (1980): Supreme Court held that the pardoning power of the President (under Article 72) and the pardoning power of the Governors (under Article 161) are not subject to judicial review in its entirety. However, they have to exercise their powers on the advice of the Central Council of Ministers (CoM) and the State Council of Ministers (CoM) respectively, and not as per their discretion, thus, there is a guided discretion involved in the exercise of these powers.
Kehar Singh case (1988): The Supreme Court examined the pardoning power of the President and laid down the following principles:
The petitioner for mercy has no right to an oral hearing by the President.
The President can examine the evidence afresh and take a view different from the view taken by the court.
The power is to be exercised by the President on the advice of the union. cabinet.
There is no need for the Supreme Court to lay down specific guidelines for the exercise of power by the President.
The exercise of power by the President is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.
Erupu Shakdhar case (2006): The Supreme Court held that the exercise of pardoning power is subject to judicial review on the grounds of arbitrariness, mala fides or extraneous considerations.
Way Forward:
The pardoning power has its origins during the time of absolute monarchy when there was no separation of powers between the executive and the judiciary. Critics have argued that the pardoning power in modern times has been more often used for political considerations than to correct judicial errors.
Pardoning power today serves the functions in correcting miscarriages of justice and upholding Article 21 and mercy; however, its exercise must be carefully balanced to avoid its abuse, political interference, and the undermining of the judicial process.
There is a need to establish clear guidelines, enhance transparency, and strengthen accountability mechanisms to further retain the trust of people who are the source of all power in a democracy.
Context: Recently, President Droupadi Murmu released a report titled “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”. One of the significant recommendations in the report was electronic tracking of prisoners to prevent overcrowding of prisons. In this context, let us understand about prison reforms in India.
Relevance of the Topic: Mains- Criminal Justice delivery system, Prison reforms
“What should our jails be like in free India? All criminals should be treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure. No one commits crime for the fun of it. It is a sign of a diseased mind. The causes of a particular disease should be investigated and removed. -- Mahatma Gandhi
Prisons in India:
The Prisons Act 1894 defines Prison as:
“Prison” means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include:
any place for the confinement of prisoners who are exclusively in the custody of the police.
any place specially appointed by the State Government
any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.
Prisons in India exist at three levels:
Taluk level
Sub jail
District level
District jail
Zonal/Range level
Central jail
Issues faced by the prisons in India:
1. Overcrowding: Occupancy rate means number of inmates staying in jails against the authorised capacity for 100 inmates.
The overall occupancy rate of Indian prisons has decreased from 140% in 2007 to 131% in 2022. However, despite such a decline, even today the Indian prisons are overcrowded.
Occupancy Rate for transgenders is the highest at 636.4%.
The average occupancy rate of 118%, close to 21 states and UT have an occupancy rate of more than 100% out of which there are 9 states & UT whose occupancy rates hover above 120%.
2. Prisons Dominated by the Undertrials: As per Prison Statistics India 2020 Report, 75% of the prisoners are undertrials, the number of undertrial prisoners has increased by 11.7% from 2019. Highest Number of Undertrials lodged in District Jail (50%), followed by Central Jails (36.1%) and Sub Jails (11.9%)
3. Unnatural deaths in prison: Increased instances of unnatural deaths, including suicide, murder by inmates, death due to assault by outside elements, due to firing, due to negligence, accidental deaths inside prison, etc.
Prison Statistics Report 2020 - Among 189 unnatural deaths in prisons, Suicide (156) was the predominant cause followed by Accidental Deaths (8), Murder by Inmates (8) etc.
4. Understaffing of the Prisons: As per Prison Statistics Report 2020, sanctioned strength of jail-staff was 87,961 while the actual strength was 61,296 as on 31st December 2020, due to vacancies not being filled up.
5. Judicial Backlogs: As of May 2022, over 4.7 crore cases are pending in courts, across different levels of the judiciary (maximum of them in subordinate courts, followed by High Courts). So, there is a need to reduce Disposal time for cases and better Case Clearance Rate (CCR). Both Disposal Time and CCR can be bettered by appointing more Judges in District & Subordinate Courts, High Courts, and Supreme Court.
6. Systemic Discrimination: There is rampant corruption in the prison system which results in discrimination based on the economic situation of a prisoner. Socio-economically disadvantaged prisoners are deprived of basic human dignity and often subject to cruel torture.
7. Poor physical and mental Health: In prison the problem of overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of decent health care, increase the likelihood of health problems. Further, mental health care has negligible focus in Indian prisons.
8. Lack of reformative approach: Absence of reformative approach in the Indian prison system has not only resulted in ineffective integration with society, but also has failed to provide them productive engagement opportunities after their release.
Steps to be taken to improve Conditions of Prisons:
1. Effective implementation of New Prison Manual 2016:
MHA has approved the New Prison Manual 2016 based on Article 39A of the Constitution which calls for free legal aid to the poor and weaker sections and seeks to ensure justice for all.
It aims at uniformity in laws, rules and regulations governing administration of prisons and management of prisoners across India.
Guidelines to be followed as per Prison Manual 2016 includes:
Under Trial Review Committee to be set up in each district
Earliest release of under trials as per the provision of law
Empaneling competent lawyers for the under trials and appointment of jail visiting advocates
Setting up a legal aid clinic in every prison
Improvement in the living conditions of jails specially for women
Management Information System to be in place in all jails
Legal literacy classes in prisons
Annual review of the implementation of the Model Prison Manual 2016.
2. Modernisation of Prisons scheme:
Launched in 2002-03 with the objective of improving the condition of prisons, prisoners, and prison personnel. Various components included construction of new jails, repair and renovation of existing jails, improvement in sanitation and water supply etc.
3. Implement E-Prisons Project:
Prison is a State subject and modernisation of prisons is undertaken by respective State Governments.
MHA supports the States/UTs in implementing the E-Prisons project that aims to introduce efficiency in prison management through digitisation.
The E-prisons project supplements the Prisoner Information Management system (PIMS), developed by National Informatics Centre, which provides a centralized approach for recording and managing prisoner information and generating different kinds of reports.
The PIMS records Prisoner’s Basic Details, Family Details, Biometrics (fingerprint), Photograph, Medical Details, Prisoner Case History, Prisoner Movements, Punishment details etc. The availability of these details on an electronic platform will be useful to track the status of prisoners and smooth functioning of the prison system.
National Legal Services Authority had launched a web application in 2017 to facilitate undertrial prisoners for providing them free legal services.
4. Some Under-trials should be released on Bail:
In 2017, 268th the Law Commission of India had recommended that under trials who have completed one third of their maximum sentence for offences attracting up to seven years of imprisonment be released on bail.
5. Set up Special Courts:
Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years. Such fast-track Courts can hear petty offences where imprisonment for an offence does not exceed 3 years.
6. Capacity building of Prison staff:
The Supreme Court, in September 2017, has directed that there should be proper training for senior prison staff on how to treat and deal with inmates.
7. Skill development of the prisoners:
Skill Development will ensure the livelihood of prisoners once they are released and facilitate their integration with society.
Wages that are paid to prisoners who are serving sentences should be increased and should be on par with global benchmarks.
8. Open prisons should be encouraged: (special Jails that exclusively confine only convicted prisoners)
Convicted Prisoners with good behaviour who satisfy certain norms prescribed in the prison rules are lodged in open prisons. Minimum security is kept in such prisons and prisoners are engaged in agricultural activities.
9. Implement recommendations of All India Jail Reforms Committee - Mulla committee:
National Prison Commission to oversee the modernisation of the prisons in India.
Putting a ban on clubbing together juvenile offenders with the hardened criminals in prison and enacting a comprehensive and protective legislation for the security and protective care of delinquent juveniles.
10. Using Information and Communication Technology:
Trials through video conferencing should be encouraged.
FASTER (Fast and Secured Transmission of Electronic Records) system introduced by Supreme Court to resolve delay in communication of bail orders from courts to prison.
11. Implement ‘Model Prisons Act, 2023’: It aims at reforming prison management and ensuring the transformation of inmates into law-abiding citizens and their rehabilitation in society.
It also lays emphasis on the safety of women & transgender prisoners and brings about transparency in prison management.
It focuses on vocational training and skill development of prisoners and their reintegration into the society.
12. Caste-based division of labour in prisons ‘unconstitutional’:
In 2024, Chief Justice DY Chandrachud led bench said that assigning the work of cleaning and sweeping to marginalised castes and “allowing the high castes to do cooking directly discriminates... an instance of direct discrimination under Article 15(1)” of the Constitution.
13. Electronic tracking of Prisoners:
Model Prison and Correctional Services Act, 2023 has introduced the use of electronic monitoring technology as a condition for granting prison leaves for prisoners, it will further ensure:
Decongestion of prisons: Reduced incarceration numbers while ensuring oversight.
Cost-effectiveness: It will cut expenses associated with maintaining high incarceration rates. (E.g., Odisha spends roughly 1 lakh/year/undertrial prisoner)
Rehabilitation incentives: It will encourage good conduct by linking it with parole or furlough opportunities.
International best practice: Used by countries like the US and UK.
Concerns:
There are concerns associated with electronic tracking like social stigma, creating an oppressive environment outside the prison especially for SC/ST communities which constitute 68% of prisoners.
In one of such cases, SC has stated that “The investigating agency cannot be permitted to continuously peep into the private life of the accused enlarged on bail”.
The Parliamentary Standing Committee in 2023, while advocating for the cost benefits of electronic monitoring, has noted that such measures must only be taken with the consent of the inmate in question.
Conclusion: Prison administration is an important component of the criminal justice system. Continuous steps should be taken by prison administration to improve the conditions of prisons in India and to work towards behavioral change of convicts and undertrials.
Context: In a recent case, the Supreme Court has held that Section 197(1) ofthe Code of Criminal Procedure (CrPC) will also be applicable to the proceedings in Prevention of Money Laundering Act (PMLA) 2002.
Relevance: Prior sanctions under Section 197(1) of CrPC.
Section 197(1) of CrPC:
Under Section 197(1) of the CrPC, public servants, judges, or magistrates can not be prosecuted for the acts done in their official capacity (official duties) without prior approval from the relevant government authority.
The sanction must come from the Central Government for Central Government officials and from the State Government for those in State.
It intends to prevent malicious prosecutions and protect decision-making in good faith.
BNSS, 2023: A similar provision exists under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Intentions of the Provision:
This provision is meant to shield public servants from unnecessary prosecution.
However, no sanction are required when public servants are accused of certain crimes against women (such as rape, sexual harassment, stalking, and voyeurism), and other serious crimes such as human trafficking.
Impact on Public Servants:
It will add procedural safeguards under the stringent provisions of PMLA involving civil servants. The accused public servant, even after being convicted, can appeal and potentially have the conviction set aside, if they can demonstrate:
The Act was part of their official duty.
The trial took place without the legally mandated government sanction.
As a result, the accused can argue that the trial itself was invalid. If the court agrees, any conviction resulting from such a trial could be overturned.
In P K Pradhan v. State of Sikkim (2001), the SC held that prior sanction under Section 197 was not obtained and can be raised by the accused at any time during a trial, or even after conviction. However, the accused public servant must establish that his alleged act was in the course of the performance of his official duty.
Other Constitutional Protection for Civil Servants:
Part XIV of the Constitution: Services under the Union and the States.
Article 309: Parliament and State legislatures to regulate the recruitment and conditions of service for civil servants.
Doctrine of Pleasure: As per Article 310, civil servants hold office at the pleasure of the President or Governor.
Article 311: It lays down two major safeguards for civil servants.
Dismissal or removal can only be done by the appointing authority or a higher rank.
Dismissal or reduction in rank requires an inquiry with a reasonable opportunity to defend.
Context: The state government of Odisha has proposed to enact a new state law with stringent provisions to check cheating and other malpractices in the public examinations. At the national level, the Public Examinations (Prevention of Unfair Means) Act, 2024 seeks to address similar challenges.
Relevance of the topic:
Prelims: Key provisions of Public Examinations (Prevention of Unfair Means) Act, 2024.
Major Highlights:
Odisha’s state Anti-cheating bill proposes a jail term of three to five years and a fine of up to ₹10 lakh for anyone who uses unfair means.
Service providers can also be punished with a fine of up to ₹1 crore. They may also be required to pay the proportionate cost of the exam and be barred from conducting any public exams for four years.
The Public Examinations (Prevention of Unfair Means) Act, 2024:
The Public Examinations (Prevention of Unfair Means) Act, 2024 is the first-ever national law enacted against unfair means in public examinations.
The Act defines public examination as any examination conducted by the public examination authority as specified in the Act or notified by the Central government.
Public examination authority mentioned in the Act:
Union Public Service Commission
Staff Selection Commission
Railway Recruitment Board
Institute of Banking Personnel Selection
Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff
National Testing Agency
Any such authority which may be notified by the Central Government.
Objective of the Act:
To enhance transparency, fairness, and trust in public exams, ensuring sincere efforts are rewarded and youths' futures secured.
To ensure effective legal deterrence to persons, organised groups or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains.
Unfair means:
The Act defines at least 15 actions as “unfair means” which include:
theft of examination materials or their leakage to the candidates
cheating or assisting the candidates in any way
corrupting computer setup or resources
foul play in the process of shortlisting or ranking of the candidates
conducting fraudulent exams and issuing fake admit cards or offer letters for financial gain
tampering with answer sheets or examination records.
Punishment:
All offenses shall be cognizable, non-bailable and non-compoundable.
Penalties:
The Act provides severe penalties for offenders including up to five years in prison and a fine of up to Rs 10 lakh.
In case the service provider is involved, it shall be liable to be punished with imposition of a fine up to One Crore rupees and proportionate cost of examination shall also be recovered from such service provider.
Investigations: The Act mandates that offenses will be investigated by officers at the rank of Deputy Superintendent of Police or Assistant Commissioner of Police or higher.
Challenges addressed by the Act:
Provides comprehensive legal framework: Prior to the Public Examinations (Prevention of Unfair Means) Act, 2024, there was no specific law to address unfair practices in the conduct of Central Government examinations.
Institutional Accountability: Instances of paper leaks and cheating have caused delays and cancellations of exams, thus eroding public confidence in recruitment systems. (An investigation found at least 41 instances of paper leaks in 15 states over the last five years) The Act seeks to address malpractices in public examinations and enforces penalties on service providers, ensuring institutional responsibility for exam integrity.
Limitations of the Act:
The Act does not cover exams conducted at the state level or by universities and state education boards, unless especially notified by the Central Government. This leaves a regulatory gap, as state-level examinations are equally vulnerable to malpractices.
The Act's success depends on several factors, including its effective implementation and robust monitoring.
Context: The Competition Commission of India has launched a probe into Google for alleged abuse of its dominant position in the real money gaming (RMG) ecosystem.
Relevance of topic: Prelims: About Competition Commission of India. Mains: Role of the Competition Commission of India.
Background: A complaint was filed by real money gaming (RMG) platform Winzo, arguing that a pilot project introduced by Google allowing fantasy sports apps like Dream11 and rummy games on its Play Store were discriminatory towards other companies in the industry, and created unfair market distortion.
About Dominant Position: "Dominant position" is a position of strength held by an enterprise in the relevant market domain, for example Google holds dominant position in the app store market.
Key features of dominant position:
-It allows the enterprise to operate independently of the competitive forces present in the market.
-It enables the enterprise to affect its competitors, consumers and ultimately the market in its favour leading to monopolistic practices.
Impact of monopolistic practices on consumers:
Monopolistic practices harm consumers by reducing competition, leading to higher prices, lower quality, and less innovation.
Higher prices: With fewer or no competitors, a monopolistic company can set higher prices for its products or services without the risk of losing customers. A monopoly can control the supply of a product or service, creating artificial scarcity or flooding the market to manipulate prices and demand.
Lack of diversity/ Less incentive to improve quality: The lack of competition can lead to a homogenisation of products, with fewer unique or diverse options available to consumers. With fewer alternatives, consumers might be stuck with lower quality services, as monopolies have less incentive to improve.
Privacy concerns/data exploitation: In digital monopolies, like Google, consumers may have less control over their personal data, which can be exploited for profit without adequate alternatives or competition to offer better privacy options.
About Competition Commission of India:
Origin: It is an autonomous statutory body established in 2009 under the Competition Act, 2002.
Nature: Statutory, Quasi-judicial body.
Aim: To manage and enforce the Act, ensuring fair competition and protection of consumer interests.
Objectives:
Eliminate practices having adverse effects on competition.
Promote and sustain competition.
Promote the interest of consumers.
Ensure freedom of trade in the markets of India.
Establish a robust competitive environment through:
Proactive engagement with all stakeholders, including consumers, industry, government, and international jurisdictions.
Being a knowledge intensive organization with a high competence level.
Professionalism, transparency, resolve and wisdom in enforcement.
Recent achievements of CCI:
DLF Case (2011): This case focused on abuse of dominant position, with CCI penalizing DLF for imposing unfair conditions on buyers. It set a precedent for fair practices in the real estate sector.
Cartelisation by Tyre Manufacturers and their Association: Found tyre manufacturers guilty of exchanging price-sensitive data. CCI imposed a penalty of 5% of the average turnover for the last three financial years and issued a cease-and-desist order.
Uber Case (2018): CCI's investigation into Uber showcased its adaptability to new sectors, addressing allegations of abuse of dominance in emerging markets.
Coal India's Dominance: CCI imposed a Rs 1,773-crore fine on Coal India for abusing its dominant position, addressing anticompetitive behaviour in key industries.
Fine on Google (2022): Google was finedRs. 1337 crores by the CCI as it had engaged in anti-competitive practices by abusing its dominant position in the Android Mobile ecosystem.
Meta case 2024: Recently, CCI fined Meta Rs 213.14 crore for “abusing” its dominant position in relation to WhatsApp’s controversial 2021 update to its privacy policy.
Ex-Post vs. Ex-Ante Competition Regulation
Ex-Post regulation:
The Competition Act, 2002 operates on an ex-post framework.
This means that CCI can use its powers of enforcement only after the anti-competitive conduct has occurred.
E.g., CCI has fined many MNCs in Indiawho hadabused their dominant position.
Ex-Ante Regulation:
The rapid pace of innovation and growth in digital markets has highlighted the limitations of the ex-post approach which is time consuming and allows offending actors to escape timely scrutiny.
The ex-ante regulatory framework would empower the CCI to proactively identify and regulate large digital platformsbefore they engage in anti-competitive behaviour. By intervening early, the CCI can prevent market failures and promote fair competition.
Context: In the recently concluded Maharashtra assembly elections, the landslide victory is being attributed to the implementation of Mukhyamantri Majhi Ladki Bahin Yojana which was implemented just four months ahead of polls. The scheme aimed to provide monthly financial assistance of ₹1,500 to poor women between the ages of 21 and 65 whose incomes are less than ₹2.5 lakh annually.
Critics have argued that such schemes amount to bribing voters and giving the incumbent government an unfair advantage in the elections.
Relevance of the Topic: Mains- Merits and Issues related to such schemes ahead of elections.
Merits
Issues
Immediate Relief for Vulnerable Groups: DBT schemes, such as the Mukhyamantri Majhi Ladki Bahin Yojana, provide direct financial assistance to marginalized populations, particularly poor women, offering economic stability and enhancing their well-being.
Short-Term Gains Over Long-Term Solutions: DBTs often provide temporary relief without addressing underlying systemic issues such as unemployment, poor healthcare, and educational infrastructure. Long-term investments in these areas might be more sustainable and impactful.
Promotes Economic Independence for Women: By providing cash directly to women, these schemes aim to enhance their financial autonomy, potentially improving their role in household decision-making and reducing economic dependence on male family members.
Potential Displacement of Core Welfare Spending: Large allocations for cash transfers divert funds from essential services like healthcare, education, and employment schemes.E.g., Karnataka's ₹28,000 crore budget for cash transfers dwarfs the Union’s mid-day meal program budget, raising concerns about priorities.
Flexibility in Utilisation: Unlike targeted welfare programs (E.g., food rations or health services), cash transfers give recipients the freedom to allocate funds based on their immediate needs, whether for healthcare, education, or daily expenses.
Vulnerability to Corruption: Despite the "direct" nature of DBTs, rural banking limitations often create a reliance on intermediaries or "business correspondents" who may exploit beneficiaries. This mirrors corruption issues seen in earlier welfare programs like the Public Distribution System (PDS).
Simplified Delivery Mechanism: DBTs can reduce bureaucratic hurdles and corruption when implemented effectively, as funds are transferred directly to beneficiaries' bank accounts, minimizing intermediaries.
Weakening of Independent Evaluation Mechanisms: The decline of robust evaluation frameworks (such as the Planning Commission or CAG audits) reduces accountability and transparency, leading to inefficiencies and misuse of funds in DBT schemes.
Political Responsiveness: Social welfare programs introduced close to elections reflect a political response to popular needs. This can democratise resource distribution, ensuring that marginalised voices are heard, albeit temporarily.
Limited Impact on Structural Issues: While DBTs aim to empower women financially, they do not address deeper societal issues like gender norms or lack of employment opportunities for women leading to ultimate loss for the poor.
Questionable Electoral Ethics: Introducing such schemes right before elections raises concerns about their true intent. Critics argue that this could amount to "buying votes" rather than implementing genuine, long-term welfare strategies. Freebies are extended by using taxpayer money which parties use for self-branding.
Way Forward:
S. Subramaniam Balaji vs Govt of Tamil Nadu case, 2013: Supreme Court held thatdistribution of freebies shake the root of free and fair elections. The Court directed EC to frame guidelines for the same in consultation with Political parties. No manifestos during Prohibitory period i.e. 18 hrs. ending with the hour fixed for the conclusion of Poll. Manifestos should indicate ways and means to meet financial requirements for delivering the promises.
Ashwani Kumar vs Union of India, 2019: A petition was filed urging the apex court to declare that the promise or distribution of private goods or services from public funds (which are not for public purposes) before the elections as violative of Article 14.
The Finance Commission (while recommending allocations to the States) can consider the debts of each individual States and examine whether offers of freebies would be viable for them.
The Central Board of Indirect taxes and Customs has come out with detailed instructions for tax officers to implement the directions of the Election Commission with regard to the use of freebies, illicit cash, liquor and drugs to lure voters, and asked them to share information with other enforcement agencies.
Voter Training and awareness: Social campaigns, voter literacy programs, civil society initiatives, and media intervention can empower voters to make rational and ethical choices.
Context: India’s long-postponed decadal census exercise and the National Population Register update are likely to begin in early 2025, with data expected by 2026. The 2025 Census includes an exercise to update the National Population Register (NPR), which is the first step for the establishment of the National Register of Indian Citizens (NRIC).
Relevance of the topic:
Prelims: Key facts and provisions about the Census, NPR, NRIC.
Mains: Importance of Census Exercise.
Is the decadal Census a constitutional mandate?
Census is an official enumeration of the entire population of any country, done periodically by the government. It provides information on the size, distribution, socio-economic characteristics, demographics etc. of a country's population.
The responsibility of conducting the decennial Census rests with the Office of the Registrar General and Census Commissioner, India under Ministry of Home Affairs.
There is a Constitutional mandate to carry out a Census. It is mentioned in the Union List of Subjects (as entry 69). Thus, only the Central government is empowered to undertake the exercise.
However, neither the Indian Constitution nor the Census of India Act, 1948 (which provides the legal framework for carrying out the Census) specifies the timing or periodicity of this exercise.
The census is conducted every 10 years in India. Most countries follow a 10-year cycle for their census.
Till date, India has successfully conducted 15 successive censuses since 1872. The latest census, originally planned for 2021, was postponed due to COVID-19.
About Census 2025
The planned Census for 2025 will follow a structured questionnaire with 31 key points, similar to prior census exercises.
Queries will cover demographic details like caste affiliations, economic conditions, and household amenities, providing insights into living standards across India.
E.g., Citizens will be asked about their primary source of drinking water, household assets like mobile phones, vehicles, and kitchen facilities, as well as key details about family structure and the main cereal consumed.
Importance of Census 2025:
Mapping India’s Population Transition since 2011: The past decade has seen significant changes in population dynamics, not only in numbers with change in demographic patterns (like increased urbanisation, urban migration) and increased ageing population. The Census will assist in interpreting fertility rate, migration rates and distribution of population which will assist in tracking resource distribution.
Evidence-based Policy making: Census data forms the bedrock for National and State-level policies. E.g.,
Infrastructure: Information on water sources, electricity, housing and sanitation can guide infrastructure development projects.
Healthcare data helps in planning healthcare facilities, vaccination programs, and targeted interventions in underserved areas.
Evaluating Government Schemes: Accurate population data is essential for evaluating the efficiency and outreach of welfare schemes like PMAY, MGNREGA, and PDS.
Providing a reliable benchmark for Alternative Surveys: Alternative surveys, such as NFHS or NSSO while insightful, lack the comprehensiveness of the Census. Only the Census provides comprehensive, accurate data crucial for national planning, and without it, evaluations of government programs lack a reliable denominator, making policy assessments misleading.
Data for Electoral Planning: Census 2025 is critical for delimitation of Parliamentary constituencies (which has been on hold for the last five decades), and the implementation of women’s reservation in Parliament.
Tracking progress towards SDGs: Census data contributes to global demographic studies and aids India in fulfilling its Sustainable Development Goals (SDGs) by providing accurate metrics on poverty, health, and education.
National People Register (NPR) vs Census:
Any person who has been living in an area or locality for six months or more or intends to live in an area/locality for the next six months at the time of a survey is considered a resident.
The NPR is a register of all ‘residents’ of the country, prepared at several levels — local (village/sub-town), subdistrict, district, state and national — under the provisions of the Citizenship Act, 1955, and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
The objective of the exercise is to create a comprehensive database of residents of the nation including their demographic particulars. The exercise is carried out under the supervision of Registrar General and ex-Officio Census Commissioner, India.
Detailed inquiries into citizenship status are conducted to finalize the National Register of Citizens (NRIC), which distinguishes citizens from non-citizens.
National Register of Citizens (NRIC):
The NRIC draws its mandate from the Citizenship Act 1955. Initially conceptualised after the 1951 Census, the NRIC gained renewed significance following recommendations by the Subrahmanyam Committee in the aftermath of the Kargil war (1999).
Aim: To enhance national security by maintaining a verified citizen registry.
Benefits: Streamlining identity verification, reducing identity fraud and duplication, and enabling targeted welfare programmes that ensure benefits reach only eligible recipients.
The NPR serves as the initial step in achieving these objectives by differentiating citizens from non-citizens through a multi-phase process that collects demographic and biometric data on all usual residents.
National People Register (NPR) vs National Register of Citizens (NRIC):
National Population Register (NPR)
National Register of Citizens (NRC)
All people staying in India 6 months and above and who intend to reside for 6 months or more, including foreigners.
Indian-born or Indian parents or staying in India for 11 years are eligible for Indian Citizenship.
Prepared with Census 2011 and updated in 2015. The next update was scheduled during the next Census from April 1, 2020, to September 30, 2020. Only Assam would not participate in this activity.
First prepared during the 1951 Census and it is not updated regularly. Assam is the only state in the country where the NRC is updated.
NPR is not a citizenship enumeration drive as it includes foreigners as well.
NRC is a citizenship enumeration drive as it includes Indian citizens only.
It is compulsory for all Indian residents to register with NPR. The main purpose of the NPR is to identify illegal migrants and identify them as foreign nationals.
NRC is a subset of NPR where only the citizens of India are taken into account.
Aadhar vs National Register of Citizens (NRIC):
Aadhaar and the NRIC serve distinct purposes-
Aadhaar is a 12-digit unique identification number issued by the Unique Identification Authority of India (UIDAI) to residents of India, regardless of citizenship. Aadhar primarily serves as a biometric-based identity verification tool, linking residents to services such as banking, subsidies, and digital identity.
NRIC aims to establish a comprehensive citizen registry. While Aadhaar is focused on identity verification and can be held by any resident, the NRIC is a citizenship verification system, mandating proof of citizenship. Thus, Aadhaar is broadly inclusive for all residents, whereas the NRIC serves as a definitive record for citizens.
Learnings from Assam NRC:
Assam is the only state where the National Register of Citizens (NIRC) has been updated (2019).
Issues:
Stringent Documentation: Concerns over its accuracy and fairness as stringent documentation requirements left many rural and less-educated residents unable to meet the criteria.
Administrative and Humanitarian challenges: Highlights the significant humanitarian and administrative challenges that could arise from implementing a nationwide NRIC.
Data Privacy Concerns: Concerns about data privacy and the potential misuse of demographic and biometric information persist.
Logistical lessons: Verifying citizenship on a national scale requires streamlined processes and comprehensive public awareness campaigns.
Context: In its 75 year journey, the Constitution of India has been amended almost 125 times. The ability to amend its provisions has proved to be its strength. This has avoided rigidity and enabled it to adapt to the changing needs of a diverse society, in this context, let us understand the process of amending the constitution.
Mains: How has the amendment protected the core values of the Constitution?
Just like any other written Constitution, the Constitution of India also provides for its amendment in order to adjust itself to the changing conditions and needs. However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in the USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case' (1973).
Procedure For Amendment
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
After duly passed by both the Houses. of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
The president must give his/her assent to the bill. He/she can neither withhold his/ her assent to the bill nor return the bill for reconsideration of the Parliament. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his/her assent to a constitutional Amendment Bill.
After the president's assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.
Types of Amendments
Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. Therefore, the Constitution can be amended in three ways:
Amendment by simple majority of the Parliament,
Amendment by special majority of the Parliament, and
Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
By Simple Majority of Parliament: Several provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries, or names of existing states.
By Special Majority of Parliament: The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression 'total membership' means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees. Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
The provisions which can be amended by this way includes:
All other provisions which are not covered by the first and third categories.
By Special Majority of Parliament and Consent of States: Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent. of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:
Representation of states in Parliament. 8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Through this amendment process, Parliament has protected the Core values mentioned in Preamble, Fundamental rights and Directive Principles in following ways:
Abolition of Zamindari System: The 1st Constitutional Amendment (1951) abolished the zamindari system, ensuring land reforms and redistribution to marginalised farmers, thus promoting equity.
Reservations for Marginalised Sections: Various amendments, such as the 1st, 93rd, and 103rd Constitutional Amendments, introduced and expanded reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Economically Weaker Sections (EWS) in education and employment.
Institutional Support for SC/ST Communities: The 65th and 89th Constitutional Amendments established the National Commission for SCs and STs, providing an institutional mechanism for addressing issues faced by these communities.
Promoting Political Accountability:
Anti-Defection Law: The 52nd Constitutional Amendment (1985) introduced the anti-defection law to curb political corruption by preventing elected representatives from switching parties for personal gain.
Limitation on the Size of Cabinets: The 91st Constitutional Amendment (2003) imposed restrictions on the size of both central and state cabinets, ensuring political accountability and fiscal discipline.
Democratic Decentralisation
Strengthening Local Governance: The 73rd and 74th Constitutional Amendments (1992) gave constitutional status to Panchayats and Urban Local Bodies (ULBs), promoting grassroots democracy and realising the Directive Principles of State Policy (DPSP). This move empowered local governments and enhanced public participation in decision-making.
The 101st Constitutional Amendment (2016) created the Goods and Services Tax (GST) Council, simplifying the taxation structure and promoting economic justice by ensuring uniform tax laws across the country.
Abrogating Special Provisions for Jammu & Kashmir- Article 370:
The abrogation of Article 370 in 2019 has marked a historic moment, removing special autonomy for Jammu & Kashmir and integrating the region more fully into the Indian Union, paving the way for equitable development.
At the same time, the doctrine of basic structure has guaranteed that our Constitution will certainly endure and adapt for the coming times, and it is up to the elected governments at the Centre and the States to work towards attaining the noble objectives set out in the constitution under the Preamble and Directive Principles without compromising on the Fundamental Rights of its citizens.
Context: India recently celebrated its 75thConstitution Day, in this context let us assess the success story of the Election Commission of India and the need for democratic electoral reforms.
Relevance of the topic:
Prelims: Powers and functions of Election Commission of India
Mains: Reforms needed in Election Commission and Electoral system
About Election Commission of India
The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.
Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of President of India and the office of Vice-President of India be vested in the election commission.
Thus, the Election Commission is an All-India body in the sense that it is common to both the Central government and the state governments.
Powers and functions: The powers and functions of the Election Commission with regard to elections to the Parliament, state legislatures and offices of President and Vice-President can be classified into three categories.
Administrative
Advisory
Quasi-Judicial
In detail, these powers and functions are:
To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.
To prepare and periodically revise electoral rolls and to register all eligible voters.
To notify the dates and schedules of elections and to scrutinize nomination papers.
To grant recognition to political parties and allot election symbols to them.
To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.
To determine the code of conduct to be observed by the parties and the candidates at the time of elections.
To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.
To advise the President on matters relating to the disqualifications of the members of Parliament.
To advise the governor on matters relating to the disqualifications of the members of the state legislature.
To cancel polls in the event of rigging, booth capturing, violence and other irregularities.
To request the President or the governor for requisitioning the staff necessary for conducting elections.
supervise the machinery of elections throughout the country to ensure free and fair elections.
advise the President whether elections can be held in a state under the president's rule in order to extend the period of emergency after one year.
To register political parties for the purpose of elections and grant them the status of national or state parties based on their poll performance.
The Election Commission is assisted by Deputy Election Commissioners, who are senior officers drawn from the Civil Services. They are appointed by the Commission and serve for a specified tenure.
At the state level, the Commission is assisted by the Chief Electoral Officer, who is appointed by the Chief Election Commissioner in consultation with the state government.
At the district level, the District Election Officer (usually the District Collector) acts as the District Returning Officer. This officer is responsible for appointing Returning Officers (ROs) for each constituency within the district and Presiding Officers for each polling station
Landmark judgements associated with Election Commission:
Union of India versus ADR, 2003: The Supreme Court has repeatedly emphasized that the EC’s mandate for free and fair elections is absolute: “Democracy cannot survive without free and fair elections”
PUCL versus Union of India, 2003; NOTA judgment, 2013: “Free and fair elections is the basic structure of the Constitution”.
Mohinder Singh Gill versus CEC of India, 1977: “The heart of the parliamentary system is free and fair elections.
Electoral bonds case 2024: In February 2024, the apex court struck down electoral bonds as “unconstitutional and manifestly arbitrary” annulling all the legislative changes which had institutionalized and legalized crony capitalism in India.
Emerging issues faced by the electoral system of India today:
While several reforms have sought to improve the electoral system, many new challenges and threats have emerged, which, if not handled quickly, will derail our democracy.
Black money: The use of black money and the increasing criminalization in politics have assumed alarming proportions. In the 2024 Lok Sabha elections, the number of members with criminal cases went up to 46 per cent and Crorepatis to 93 per cent.
Defections:Political defections have plagued government formations in the country since the 1960s. The Anti-Defection Law, 1985, also known as the Tenth Schedule of the Constitution has proved ineffective.
Reforms Demanded by the Election Commission (EC) to address the challenges:
Ceiling on Political Parties’ Expenditure: Similar to the expenditure limit imposed on individual candidates to ensure fair competition and prevent undue influence through excessive spending.
State Funding of Political Parties (Not Elections): Independent audits of political parties and state funding of political parties to enhance transparency and reduce dependency on private donations.
Ban on private donations: Complete prohibition of private funding to curb undue corporate or individual influence. Focus on state-controlled mechanisms to regulate financial inputs.
Establishment of a National Election Fund: Creation of an independent fund for tax-free donations and allocation of funds based on parties' electoral performance to ensure fairness.
Reforms in 2023 Amendment Act: The Chief Election Commissioner and Other Election Commissioners Appointment and Service Condition and Terms of Office Act 2023 has missed out on protecting the two Election Commissioners from removal from office, so that they do not feel as if they are on probation and their elevation to CEC would be dependent on the government’s pleasure, this needs to be looked into in order to maintain the sanctity of the Commission
Despite these flaws, the Election Commission of India is one of the greatest gifts of the Constitution to the nation. The institution has stood the test of time and lived up to the trust of the nation as a powerful watchdog of democracy. Cooperation of the executive, legislature and the judiciary is required to keep our democracy strong. Only then can the largest democracy on the planet hope to become the greatest.
Context: The Supreme Court has recently dismissed petitions challenging the constitutional validity of the 42nd amendment to the Indian Constitutionwhich added thewords ‘secular’ and ‘socialist’ to the Preamble of the Constitution. As per SC, “these terms have achieved widespread acceptance, with their meanings understood by ‘We, the people of India’ without any semblance of doubt”.
Relevance of the topic: Prelims- Key facts about the terms ‘Socialism’ and ‘Secularism’.
Background:
The Preamble so far has been amended only once by the 42nd Constitutional Amendment Act, during the Emergency days in 1976.
The amendment had added three new words Socialist, Secular and Integrity to the Preamble. This amendment has subsequently been held to be valid.
About Socialism:
The term ‘Socialist’ was added by the 42nd Constitutional Amendment Act, but even before:
The Constitution had a socialist content or principles which were reflected in certain Directive Principles of State Policy (DPSP).
The Congress party adopted a resolution to establish a 'socialistic pattern of society' in its Avadi session in 1955 and took measures accordingly.
The Indian brand of socialism emphasises ‘democratic socialism’, promoting a mixed economy (co-existence of public and private sectors).
As the Supreme Court says, 'Democratic socialism aims to end poverty, ignorance, disease, and inequality of opportunity.’
It is distinct from ‘state socialism’ or 'communistic socialism' (communism), which involves the nationalisation of all means of production and distribution and the abolition of private property.
It is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism, emphasising equity and dignity.
Impact of Economic Reforms (1991): The New Economic Policy (1991) of liberalisation, privatisation and globalisation has diluted India’s overt socialist credentials, leading to a more market-driven economy.
About Secularism:
The term 'Secular' was added by the 42nd Constitutional Amendment Act of 1976, but even before its explicit inclusion in the Preamble, secularism was embedded in Constitutional provisions like Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion).
Unlike Western secularism, Indian secularism embodies the positive concept of secularism, i.e., all religions in our country (irrespective of their strength) have the same status and support from the state.
Religion is not isolated from the state. Instead, the state treats all religions equally, without favor or discrimination.
Directives Principles based on Socialism:
The Directive Principles of State Policy (Articles 36 to 51 of Part IV) are classified on the basis of their ideological source and objectives, into three categories:
The following DPSPs reflect the ideology of socialism:
Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic, and political justice and by minimising inequalities in income, status, facilities and opportunities.
Articles 39: The State shall, direct its policies towards securing:
Right to an adequate means of livelihood to all the citizens.
The ownership and control of material resources shall be organised in a manner to serve the common good.
Context: Recently, a Court ordered a survey of the 16th-century Shahi Jama Masjid in Sambhal district of Uttar Pradesh lead to violence and death. The Places of Worship Act states that the religious character of any place of worship as it existed on August 15, 1947, must be maintained.
Relevance of the topic: Prelims- Salient features of Places of Worship Act, 1991.
About Places of Worship Act:
The Places of Worship Act was enacted in 1991.
Purpose: To freeze the status of religious places of worship as they existed on August 15, 1947, and prohibit the conversion of any place of worship and ensures the maintenance of their religious character.
Exemptions: The Act does not apply to:
Ancient and historical monuments, archaeological sites, and remains under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Cases resolved before 1991 or through mutual agreement.
Ram Janmabhoomi-Babri Masjid case (as the matter was subjudice when the Act was enacted).
Salient features of the Places of Worship Act:
Bar on conversion:
The Act prohibits conversion of one religious place of worship into another (E.g., mosque to temple or vice versa).
Preservation of religious character:
Preserves the religious character of a place of worship as it existed on 15August 1947.
Any suit with respect to conversion pending before the court dated earlier than 15August 1947 shall abate (be dismissed or cease to proceed) and no new appeal shall lie before any Court.
Penalties (Section 6):
Specifies penalties, including a maximum imprisonment term of 3 years and fines, for violating the Act.
Upholding religious harmony:
Preserves religious harmony and pluralism between different religious groups.
