Context: A 5-judge Constitution Bench, presided by Chief Justice of India D Y Chandrachud, has referred the matter of Sita Soren Case to a larger 7-judge Bench that will assess the interpretation of Articles 105(2) and 194(2) of the Indian Constitution.
Sita Soren Case
She was accused of accepting a bribe to vote for an independent candidate in the 2012 Rajya Sabha elections.
Sita Soren, an MLA, allegedly took bribe to vote for one candidate but voted for another.
A case was subsequently filed against Sita and the Jharkhand High Court in 2014 ruled that she is not immune from prosecution.
She challenged the case in the Supreme Court and the matter came before a three-judge bench of the Supreme Court.
In 2019, a three-judge bench of the Supreme Court referred the matter to a five-judge bench.
Now, in 2023, the Constitution Bench of the Supreme Court has referred the case to a larger bench that would finally re-examine whether lawmakers are immune from prosecution if they take bribe to cast a vote.
P V Narasimha Rao v. State (1998)
Historical Context
The 10th Lok Sabha election, which was held in the year 1991, the congress party formed the government with P.V. Narasimha Rao as Prime Minister.
In July 1993 a ‘No Confidence Motion’ was moved against the existing government of P.V. Narasimha Rao.
The party somehow managed to defeat the motion with 251 members voting in favor of the motion and 265 voting against the motion.
After the motion got defeated the party once again came into power.
But a person filed a complaint with the CBI wherein it was alleged that some members of parliament were bribed during the no-confidence motion in Lok Sabha.
The CBI, based on information received, registered a complaint under Section 13(2), Section 13(1) (d) (iii) of the Prevention of Corruption Act (PCA) against some members.
A criminal prosecution was launched against the bribe-taking and bribes giving members of the Parliament under the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.
Issues raised in P V Narasimha Rao Case
Whether by virtue of Article 105 of the Constitution, a Member of Parliament can claim immunity from prosecution on a charge of bribery in a criminal court.
Whether a Member of Parliament is a "public servant" falling within the purview of the Prevention of Corruption Act, 1986.
Judgement of Supreme Court in P V Narasimha Rao v. State (1998)
The majority of the Supreme Court held that MPs have immunity under Article 105(2), protecting them from criminal prosecution for actions taken within the parliamentary context.
The Court held that the members are immune from any kind of proceedings against them in respect of any vote in the parliament.
The Court would have no jurisdiction to put any criminal liability on the accused persons as whatever allegedly happened was in respect of votes given by some of them in the Lok Sabha touched the privileges of the House within the meaning of clauses (2) and (3) of Article 195 of the Constitution.
Members of Lok Sabha hold no office and as such are not public servants within the meaning of Section 2(c) of the PCA and for that reason the PCA would not apply to the alleged acts of omission and commission of the accused persons.
Even if it be taken that Members of Lok Sabha do fall within Section 2(c) of PCA and are thus taken to be public servants, yet the Act would not apply for the simple reason that in the case of Lok Sabha Members there is no authority competent to remove them from their office within the meaning of Section 19(1)(c) of PCA.
Context: Recently constituted committee under the leadership of former President Ram Nath Kovind to examine and recommend if the constitutional amendments for simultaneous elections would require ratification by the States.
Provisions that may demand amendment of constitution for simultaneous election
Simultaneous elections will need at least five constitutional amendments. The articles that would require amending are:
Article 83 (2): It says the Lok Sabha's term should not exceed five years, but it may be dissolved sooner.
Article 85 (2) (b): A dissolution ends the very life of the existing House, and a new House is constituted after general elections.
Article 172 (1): A state assembly, unless sooner dissolved, shall continue for five years
Article 174 (2) (b): The Governor has the power to dissolve the assembly on the aid and advice of the cabinet. Governor can apply his mind when the advice comes from a Chief Minister whose majority is in doubt.
Law Commission draft report on Simultaneous Election (2018)
The Law Commission of India chaired by Justice B. S. Chauhan provide the following:
It suggested that simultaneous elections would require amendments to various constitutional provisions, the Representation of the People's Act 1951, and the Rules of Procedure of Lok Sabha and State Assemblies.
The Commission highlighted that a constitutional amendment to this effect must receive ratification from at least 50% of the States.
Amendment Process Mentioned in the Constitution
Most of the constitution can be amended through a simple majority of those present and voting in each House of Parliament. Some examples include amendments contemplated in:
Article 4: changes related to the organisation of States.
Article 169: abolition or creation of Legislative Councils in States
Schedule VI: provisions for the administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. Etc.
Amendment under Article 368
Under Article 368 Constitution provide for two kinds of amendments
Article 368(1): For amending the provision like Fundamental Rights just ‘Special majority’ (not less than two-thirds of the members are present and voting in each House of Parliament as well as a majority of the total membership of each House) is needed.
Article 368(2): For amendment under this article both a ‘special majority’ and ratification by at least one-half of the State legislatures is required. These are commonly referred to as ‘entrenched provisions’ and are as follows:
if there is a change in the provisions regarding elections to the post of the President of India (Article 54 and 55).
if there is a change in the extent of the executive power of the Union or the State governments (Article 73 and 162).
if there is any change in the provisions regarding the Union judiciary or the High Courts (Articles 124–147 and 214–231).
if the distribution of legislative and administrative powers between the Union and the States is affected (Article 245 to 255).
if any of the Lists in the Seventh Schedule is affected.
if the representation of the States in Parliament is changed (Article 82).
if Article 368 itself is amended.
Constitutional Perspective about the ratification by the states
Federal Structure: Dr. B.R Ambedkar was in favour of the ratification by States for the amendment of certain constitutional provisions to ensure that the federal structure of the Constitution remains fundamentally unaltered.
Principle of separation of Power: Dr. Ambedkar cautioned that permitting all constitutional amendments to take place by a simple majority would defeat the principle of separation of powers among the three organs of the State.
Need of State Ratification: Supreme Court Cases
Kihoto Hollohan versus Zachillhu (1992): The Anti-Defection case
In this case the constitutional validity of the Constitution (Fifty-second Amendment) Act, 1985 was challenged on the grounds that the amendment was not ratified by the States.
Though the Tenth Schedule was to deal with defection, it also seems to oust the jurisdiction of all courts by virtue of Paragraph 7.
The amendment brought about changes with respect to the jurisdiction of the Supreme Court and the High Courts one of the provisions that require ratification by half of the States.
A Constitution Bench of the Supreme Court upheld the validity of the Tenth Schedule but declared Paragraph 7 of the Schedule invalid for want of ratification.
Union of India versus Rajendra N. Shah (2021)
in this case SC struck down provisions of the Constitution (97th Amendment) Act, 2011 to the extent that it introduced Part IX B in the Constitution to deal with co-operative societies.
The Court unanimously held that the amendment required ratification by at least one-half of the State legislatures as per Article 368(2) of the Constitution, since it dealt with an exclusive State subject of the Seventh Schedule.
The majority judgment invoked the doctrine of severability to make Part IXB operative only insofar as it concerns multi-State cooperative societies.
Context:An official invitation for the G-20 summit in New Delhi, during India's presidency, referred to the President of India as the 'President of Bharat.' This incident has become emblematic of the current political climate marked by deep-seated mutual distrust, unexplained vindictiveness among those in power, and a heightened sense of reclaiming lost territory.
About the News:
Surprisingly, the government's official representatives have not provided any clarification regarding this abrupt alteration.
This unexpected modification in a highly formal communication originating from the country's highest office caught the nation completely off guard.
Supporters of the ruling authorities have put forth the argument that the name 'Bharat' is interchangeable with 'India,' as stated in Article 1 of the Constitution.
Consequently, they contend that 'Bharat' can be legitimately used.
It is important to note that Parliament holds the absolute authority to change the country's name by amending the Constitution, a power enshrined in Article 368. This amendment authority extends to all aspects of the Constitution, including the country's designation, as specified in Article 1.
Potential for Confusion:
India's official name is the Republic of India, a designation used consistently in all official communications with foreign countries and international organizations. Agreements and treaties signed with foreign nations bear the name of the Republic of India, not the Republic of Bharat.
The interchangeability of 'Bharat' with 'India' in official communication can give rise to significant confusion. Foreign governments and international bodies rely on clarity and consistency in official documents. Mixing 'India' and 'Bharat' in agreements can lead to foreign governments encountering discrepancies. In some agreements, India would be referred to as the Republic of India, while in others, it might be mentioned as the Republic of Bharat.
A nation can possess only one official name. This means that it must be either 'India' or 'Bharat,' but not both. Clarity in nomenclature is crucial, especially in the realm of international diplomacy and legal commitments.
In 2015, Centre opposed a name change, stating that the issue had been extensively deliberated upon during the Constitution's drafting. The Supreme Court has twice rejected pleas to rename 'India' to 'Bharat', once in 2016 and then in 2020, reaffirming that "Bharat" and "India" both find mention in the Constitution.
'India' and 'Bharat' in Constitutional Discourse:
The Indian Constitution, in Article 1, recognizes both names as integral to the identity of the nation.
The Name 'Bharat':
'Bharat' traces its origins to ancient Indian texts, notably the Puranic literature and the epic Mahabharata. The latter references the legendary king Bharata, celebrated for his role in the epic and as a symbol of unity.
'Bharat' signifies a supra-regional and subcontinental territory united by the Brahmanical societal framework, emphasizing a united cultural and religious identity transcending regional boundaries.
Closely linked to the legendary King Bharata, 'Bharat' is associated with the Rig Vedic tribe of the Bharatas. King Bharata's lineage connects to various Indian communities, underscoring a shared ancestry and heritage.
In the Hindi language, 'Bharat' serves as the official name of India, as affirmed by Article 1 of the Indian Constitution.
The Name 'India':
India' has its historical roots in the term 'Indus,' originally referring to the Indus River. Over time, linguistic transformations led to the Persianized version 'Hindu.'
'Hindu' evolved into 'Hindustan,' signifying the 'Land of the Hindus' beyond the Indus River, encompassing much of the Indian subcontinent.
'Hindustan' was employed by various ancient civilizations, including Persians, Greeks, and Islamic empires, to describe the vast subcontinental territory, highlighting its geographical expanse and cultural diversity.
During the European Age of Exploration, 'India' was adopted as the name for the subcontinent, reinforced during the British colonial era when it became the official name for British-ruled territories.
Post-independence, 'India' retained its status as the official name of the newly formed nation, as declared in the Indian Constitution.
The Indian Constitution:
Before India's independence in 1947, the Indian subcontinent was divided into British India and numerous princely states, each ruled by its own monarch. After gaining independence, the challenge was to integrate these diverse regions into a united and sovereign nation.
During the Constitution's drafting, there was significant debate over which name to use. Some opposed 'India' due to its colonial connotations and advocated for a name with deeper indigenous roots. 'Bharat' held historical and cultural significance, symbolizing a united identity and indigenous heritage.
The framers of the Indian Constitution recognized the cultural and historical diversity of the nation. They sought to bridge linguistic and cultural differences by acknowledging both 'Bharat' and 'India.' This inclusive approach aimed to unify the nation while respecting its rich heritage.
A compromise was reached, resulting in Article 1 reading, "India, that is Bharat, shall be a Union of States," accommodating both names to symbolize unity in diversity.
This dual nomenclature in the Constitution reflects India's diverse linguistic, cultural, and historical backgrounds, promoting a shared national identity and inclusivity.
Constitutional intricacies of matter:
1. Article 52: According to Article 52 of the Indian Constitution, there is a provision for a 'President of India.' This official nomenclature is fundamental and legally binding, and any alteration of this title would necessitate a constitutional amendment.
It declares India as a federation of states and outlines the territories that constitute India.
Furthermore, it grants the Parliament the authority to admit new states or modify existing ones.
Key Provisions:
Admission or Establishment of New States: Article 1 empowers the Parliament to admit new states into the Union or create new states. This provision has been utilized multiple times in India's history for administrative or linguistic reasons, resulting in the formation of states like Telangana and Uttarakhand.
Formation of Union Territories: In addition to new states, Article 1 allows for the creation of Union Territories, which are regions directly governed by the central government. This provision has been used to designate areas like Chandigarh and Lakshadweep as Union Territories.
Alteration of Boundaries: Article 1 also permits the alteration of state boundaries through constitutional amendments, enabling adjustments to address regional concerns or state reorganizations.
Names and Boundaries: Detailed names and boundaries of states and Union Territories are not specified in the Constitution but are determined by laws enacted by Parliament. This flexibility allows for adjustments as needed without requiring constitutional amendments.
3. Article 394A:
Article 394A (2) stipulates that "the translation of this Constitution…shall be construed to have the same meaning as the original thereof." This clause reinforces a fundamental point: 'Bharat' is a translation of the word 'India' as used in the original Constitution. Until legally altered, 'India' remains the authentic name of the country.
Article 394A of the Indian Constitution addresses the authoritative text in the Hindi language.
It outlines the President's responsibility to publish a translation of the Constitution in Hindi.
This translation, signed by the members of the Constituent Assembly, aims to align with the language, style, and terminology used in the authoritative texts of Central Acts in Hindi.
Furthermore, it incorporates all amendments made to the Constitution before publication.
Article 394A (2) emphasizes that the translation, along with any amendments, should be construed to have the same meaning as the original Constitution. In cases where interpreting certain parts of the translation poses challenges, the President is tasked with revising it suitably.
The translation published under Article 394A carries the authority of being the official text in the Hindi language. This means that it serves as a reference for understanding the Constitution in Hindi-speaking regions.
Let use also understand the, Constitutional Amendment Process in India as per Article 368 mentioned in the News:
Amending the Constitution of India is a meticulous process aimed at making alterations to the nation's fundamental law, the supreme law that governs the country.
This process is detailed in Part XX (Article 368) of the Indian Constitution.
The primary objective of this procedure is to uphold the sanctity of the Constitution and act as a check on the arbitrary exercise of power by the Parliament of India.
The concept of amending the Indian Constitution was borrowed from the South African constitution, reflecting a global perspective on constitutional evolution.
In the Keshavananda Bharati Judgment,Supreme Court established that Parliament cannot amend parts of the Constitution that are considered part of the 'Basic Structure' of the constitution. This ruling ensures that certain core principles remain inviolable.
The Amendment Process: Article 368 in Part XX of the Constitution empowers the Parliament to amend the Constitution. However, it comes with significant constraints to safeguard the fundamental principles.
Types of Amendments
Simple Majority: This amendment type requires the support of more than 50% of the members present and voting in both houses of Parliament.
Special Majority: To pass an amendment under this category, a bill must be supported by a majority of two-thirds of the members present and voting, along with over 50% of the total strength of the House.
Special Majority of Parliament and Consent of States: This complex form of amendment is necessary when changes impact federal structures. In addition to special majority approval in both houses of Parliament, it also necessitates the consent of half of the state legislatures by a simple majority.
Absolute Majority: For certain amendments, a bill must receive the approval of more than 50% of the total strength of the house.
The Detailed Amendment Procedure
Initiation of Amendment: An amendment can be proposed only by introducing a bill in either house of Parliament. This bill can be initiated by a minister or a private member and does not require the President's permission.
Special Majority Approval: The bill must be passed in each house by a special majority, which entails approval by the majority of the total membership and by two-thirds of the members present and voting.
State Legislature Ratification: If the amendment seeks to modify constitutional provisions, it must be ratified by the legislatures of half of the states through a simple majority.
Presidential Assent: After both houses approve the bill, it is presented to the President for assent. The President is obligated to grant assent without the option to withhold approval or send the bill back for reconsideration.
Becoming an Act: Once the President grants assent, the bill becomes an act, solidifying the constitutional change.
The dual identity of 'India' and 'Bharat' in the Indian Constitution is a testament to the nation's rich cultural and historical heritage. This compromise allows people from diverse linguistic backgrounds to identify with the country using their preferred name, fostering inclusivity and unity. The debate over these names underscores the complexity of India's identity and the importance of embracing its multifaceted historical and cultural roots.
Context: Maratha quota activist Manoj Jarange Patil finally ended his indefinite hunger strike after Maharashtra Chief Minister Eknath Shinde called on him at the protest site in Jalna district and assured him that the government is committed to granting reservation in government jobs and education to the community.
Other Backward Classes (OBCs) in India are a diverse group encompassing various communities and sub-castes, united by their classification as educationally or socially disadvantaged by the government.
This article delves into the demands for OBC status by dominant caste groups such as the Jats, Marathas, and Patidars. It also provides insights into the OBC classification and the historical context surrounding these demands.
Understanding Other Backward Classes (OBCs): OBCs constitute a vast and heterogeneous group within the Indian social fabric. They include communities with differing societal and economic statuses. OBCs consist of land-owning communities in both northern and southern India, as well as economically disadvantaged sections of society engaged in subsistence labor.
Defining Elements of Dominant Castes: Within the OBC classification, some castes stand out as dominant due to their historical social and economic status. These dominant caste groups often possess significant landholdings, political influence, and socio-cultural prominence. Despite their dominance, they seek OBC status, citing various socio-economic challenges.
The Mandal Commission and OBC Reservations: The Mandal Commission, established in 1979 and chaired by B.P. Mandal, played a pivotal role in addressing caste discrimination in India. In 1990, the Union government announced a 27 percent reservation in jobs within central government services and public sector units for OBCs, based on the recommendations of the Mandal Commission. This reservation was implemented in 1992, with educational quotas following suit in 2006.
Creamy Layer Criteria: To ensure that the benefits of OBC reservations reached the most disadvantaged communities, the Supreme Court introduced the "creamy layer" criteria in the 'Indira Sawhney Judgment' of 1992. Under this criteria, households with an annual income exceeding Rs 8 lakh are classified as belonging to the creamy layer and are ineligible for reservations.
Defining Elements of Dominant Castes: Dominant caste groups, despite their historical and socio-economic dominance, are often subject to the same "creamy layer" criteria, which can affect their eligibility for reservations.
"Dominant OBCs" is a term used to refer to certain groups or castes within the Other Backward Classes (OBC) category in India that have historically held more social and economic influence compared to other OBC groups. These dominant OBCs may have larger landholdings, political representation, and socio-economic power.
It's important to note that the OBC category as a whole is meant to encompass a wide range of communities and castes that have historically faced social and educational disadvantages. The classification of dominant OBCs is somewhat controversial because it implies that within the OBC category, some groups are more privileged or influential than others.
This can lead to debates and discussions regarding the fairness and equity of affirmative action policies, including reservations in education and employment, for these dominant OBC groups.
Examples of dominant OBCs in various states of India may include the Jats in some northern states, the Marathas in Maharashtra, and the Patidars in Gujarat, among others.
These groups have at times demanded OBC status to access the benefits of reservation policies, even though they may be relatively better off than other OBC communities.
The inclusion or exclusion of such dominant OBCs from the OBC category and the extent of benefits they should receive are subjects of political and legal debates in India.
Demands by Dominant Caste Groups:
Reasons for Demands:
Success of Affirmative Action: Dominant caste groups argue that the success of affirmative action has diminished the relative deprivation faced by them.
Structural Transformations: Changes in the economy and underperforming agriculture have altered the socio-economic landscape, leading to demands for OBC status.
Land Holdings: Fragmentation of land holdings has exacerbated economic challenges.
Private Sector Opportunities: Shrinking opportunities in the private sector have further fueled these demands.
Lack of Skills: A lack of skills to take advantage of emerging opportunities is another concern.
Rejections:
Violation of 50% Limit: These demands often violate the 50% reservation limit imposed by the 'Indra Sawhney' case.
Not "Socially and Educationally Backward": Critics argue that these dominant caste groups do not meet the criteria of being "socially and educationally backward" as outlined by scholars like Deshpande.
Perception vs. Empirical Evidence: Some believe that the anxieties of these groups are based more on perception rather than empirical evidence of backwardness.
Supreme Court's Observation:
The Supreme Court has emphasized that providing reservations alone is not the sole means to uplift backward classes.
It recommends the state to adopt a multifaceted approach, including providing free educational facilities, fee concessions, and opportunities for skill development to enable self-reliance among candidates from backward classes.
The demands for OBC status by dominant caste groups like Jats, Marathas, and Patidars highlight the complex interplay of socio-economic factors, historical contexts, and affirmative action policies in India. These demands continue to be a subject of debate and legal scrutiny, with questions surrounding the effectiveness and equity of reservations for different communities. The path forward involves a nuanced understanding of the evolving socio-economic landscape and addressing the unique challenges faced by each group within the OBC classification.
Context: Chief Justice of India D Y Chandrachud announced that the Supreme Court is now “onboard” the National Judicial Data Grid (NJDG) portal, a national repository of data relating to cases instituted, pending and disposed of by courts across the country.
National Judicial Data Grid (NJDG)
NJDG is a database of orders, judgments and case details of District & Subordinate Courts and High Courts created as an online platform under the eCourts Project. The NJDG was developed by the National Informatics Centre in collaboration with the Supreme Court's in-house software development team. It features an interactive interface and analytics dashboard to facilitate data analysis and reporting.
Features of NJDG
Data is updated on a near real-time basis by the connected District and Taluka courts.
It provides data relating to judicial proceedings/decisions of all computerized district and subordinate courts of the country.
All High Courts have joined the NJDG through web services, providing easy access facility to the litigant public.
Case data is available on NJDG for both civil and criminal cases with the ability to perform drill-down analysis based on the age of the case as well as the State and District.
Benefits of NJDG
Identification and Managemnt: NJDG works as a monitoring tool to identify, manage & reduce pendency of cases.
Inputs in Policy making: It helps to provide timely inputs for making policy decisions to reduce delays in disposing of cases and helps in reducing case pendency.
Performance Analysis: It also facilitates better monitoring of court performance and systemic bottlenecks, and, thus, serves as an efficient resource management tool.
Improvement in Enforcement of Contract: World Bank praised the National Judicial Data Grid in the Ease of Doing Business report for 2018, that it made possible to generate case management reports, thereby making it easier to enforce contracts.
Easy Access to Government: Open Application Programming Interface (API) has been provided to the Central & State Government to allow easy access to the NJDG data using a departmental ID and access key.
Future Prospect: Right now grid allows the institutional litigants to access the NJDG data for their evaluation and monitoring purposes. It is proposed to expand the facility to non-institutional litigants as well in future.
Inclusion of Reason for Delay: Recently, giving reasons for delay have been included in NJDG.
The inclusion of feature specifying the reasons for delay on the NJDG portal keep a proper track on issues which the judiciary faces while adjudicating cases and consequently enables them and the decision makers to take various steps in the direction of redressing the burgeoning pendency of cases.
Apart from that, individual reason for delay highlights the problems at a granular level, which otherwise would be cumbersome to be tracked upon and thereby remedied.
eCourt Project
The Government has launched the eCourts Integrated Mission Mode Project in the country for computerization of District and subordinate courts with the objective of improving access to justice using technology. As part of the National eGovernance Plan, the project is under implementation since 2007 for ICT development of the Indian Judiciary based on the “National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary”. eCourts project is being implemented in association with e-Committee Supreme Court of India and Department of Justice.
3-Phases
Phase I of the project was implemented during 2011-2015. Phase II of the project started in 2015-2023. In Phase 3, the system will be migrated to cloud technology and the cost estimated for providing 25 petabytes (according to existing requirements) of cloud storage is ₹1,205.20 crore.
Benefits of integration of Supreme Court to NJDG
Real-Time Access to Case Data:
The NJDG now provides real-time data on the filing and disposal of cases in the Supreme Court.
This data is readily accessible to the public, making it easier for citizens to track the status of cases and access relevant information.
Open Data Policy: The decision to include Supreme Court case data on the NJDG is in line with an 'open data policy,' ensuring transparency and accessibility of judicial information to the public.
Coordination and Informed Decision-Making:
Onboarding the NJDG will enhance coordination within the judiciary and enable informed decision-making.
Judges and court officials can access up-to-date information about the institution, disposal, and pendency of cases, categorized by type, year, stage, and quorum.
Optimum Resource Deployment:
The NJDG facilitates the optimum deployment of judicial resources and manpower.
This means that resources can be allocated more efficiently to address the backlog of cases and manage the workload effectively.
Single Source of Data and Consistency:
The NJDG serves as a single repository for data related to cases instituted, pending, and disposed of by courts across the country.
This centralized data source streamlines access to information and ensures data consistency.
Research Opportunities:
The NJDG offers a valuable resource for high-quality research work within the judiciary.
Researchers and legal scholars can use this data to analyze trends, study case outcomes, and gain insights into the functioning of the Indian judicial system.
Pendency and Case Statistics:
The NJDG-SCI portal provides information on the current pendency of civil and criminal cases in the Supreme Court, as well as details about cases filed and disposed of in the previous month.
It also breaks down pending cases by the number of judges on each bench.
Access for the Common Man:
Real-time data on the Supreme Court's case proceedings becomes readily accessible to the common man.
This transparency empowers citizens to track the status of cases, enhancing their understanding of the legal system.
With the Supreme Court's participation, the NJDG now includes all three tiers of the Indian judiciary, completing a significant aspect of the e-courts project which also aligns with the Indian government's "ease of doing business" initiative.
Context: The idea of fraternity evolved since ancient ages remains a significant tenet of liberal political philosophy along with the idea of liberty and equality.
Fraternity
Fraternity in politics refers to a specific bond and relationship between the members of a community that compels them to live together as equals and to provide mutual aid in case of need.
Fraternity represents a sense of unity and brotherhood among individuals and communities, transcending the mere sharing of material resources. It is essential for the survival and effective functioning of a social system.
Historical Context
Ancient Greece:
The idea of fraternity can be traced back to ancient Greece, where philosophers like Plato and Aristotle explored its early dimensions.
Plato's dialogue "Lysis" emphasized the importance of philia, or love, as a strong desire to pursue wisdom.
In this context, sharing knowledge and forming meaningful bonds with others were seen as integral to fraternity.
Aristotle introduced the concept of the polis, highlighting the importance of political community and friendship among citizens.
This laid the foundation for the idea of political fraternity.
Medieval Europe:
In the Middle Ages, fraternity took on religious connotations within the Christian society of Europe.
Religious communities and monastic orders fostered a sense of brotherhood among members, emphasizing shared values and spirituality.
Fraternity in this period was often tied to religious morality and communal living.
French Revolution:
The concept of fraternity found its way into the political arena during the French Revolution of 1789, where it became one of the three core principles of the revolution, alongside liberty and equality.
The motto "liberté, égalité, fraternité" reflected the revolutionary ideals of solidarity and unity among citizens in the face of oppressive monarchy.
Fraternity in India
In the context of India, the idea of fraternity gained prominence during the country's struggle for independence and the subsequent emergence of constitutional democracy.
Leaders like B.R. Ambedkar stressed the inseparability of liberty, equality, and fraternity as essential principles for a diverse and socially stratified society.
The framers of the Indian Constitution recognized the significance of fraternity, particularly in addressing hierarchical social inequalities.
Constitutional and Legal Provisions Promoting Fraternity
Constitution of India while mentioning fraternity in preamble also provide for many provisions which promote fraternity:
Constitutional Restrictions on Freedom of Speech and Expression (Article 19)
Article 19(2) of the Indian Constitution imposes certain restrictions on the fundamental right to Freedom of Speech and Expression.
These restrictions, including considerations of decency and morality, defamation, and incitement of offenses, aim to maintain social harmony and protect the dignity of individuals.
Protection of Distinct Language, Script, and Culture (Article 29)
Article 29(1) of the Constitution recognizes the right of any section of citizens with a distinct language, script, or culture to conserve the same.
This provision promotes fraternity by safeguarding the cultural diversity and identity of various communities within the nation.
Section 295A of the Indian Penal Code (IPC)
This section addresses deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
It reflects the importance of respecting religious sentiments and upholding fraternity by discouraging actions that could incite religious tensions or hatred.
Various legislations and the establishment of institutions like the National Human Rights Commission and State Human Rights Commissions underline the importance of safeguarding the human rights of all individuals.
These measures aim to ensure the dignity and well-being of every citizen, promoting fraternity by protecting their rights.
Welfare of Senior Citizens (Maintenance and Welfare of Parents and Senior Citizens Act, 2017)
This legislation addresses the welfare of senior citizens, emphasizing the need to care for and protect the elderly in society.
It reflects the values of respect and responsibility within families and communities, contributing to a sense of fraternity.
Protection of Women's Rights (Protection of Women from Domestic Violence Act, 2005)
Legislation aimed at protecting women from domestic violence acknowledges the need to safeguard the rights and dignity of women.
This aligns with the principle of fraternity by promoting gender equality and ensuring the well-being of all citizens.
Rights of Persons with Disabilities (Rights of the Persons with Disability Act, 2016)
This law focuses on the rights and welfare of disabled persons, emphasizing the need for inclusivity and equal treatment.
It reflects the spirit of fraternity by advocating for the inclusion and protection of vulnerable individuals.
Juvenile Justice and Child Protection (Juvenile Justice Care and Protection of Children) Act, 2015)
This legislation addresses the rehabilitation and reformation of juveniles in conflict with the law.
It recognizes the importance of offering guidance and support to young offenders, promoting a sense of responsibility and care within society.
Role of Judiciary in Promotion of Fraternity
The judiciary plays a pivotal role in safeguarding individual rights and upholding constitutional values which promote fraternity.
Judicial Interpretation
The judiciary, in various cases, has recognized the importance of fraternity as reflected in the Preamble of the Constitution.
It has emphasized that achieving justice, liberty, equality, and fraternity requires the commitment and loyalty of the State's organs to these constitutional values.
Reservation and Fraternity
In cases like 'Aruna Roy v. Union of India' and 'Indra Sawhney v. Union of India,' the Supreme Court has discussed the idea of fraternity in relation to reservation policies.
It recognizes fraternity to achieve national unity and dignity and as a justification for affirmative action aimed at addressing historical inequalities.
Cultural and Religious Awareness
Encouraging education about different religions and cultures, as advocated by the Chavan Committee (1999), can promote social cohesion and harmony.
Such knowledge can help build mutual trust, understanding, and respect, reinforcing the value of fraternity in a diverse society.
Secularism and Fraternity
The Supreme Court has emphasized that secularism is an essential feature of the Indian Constitution, and it sees the principle of fraternity as a precursor to achieving secularism.
Secularism is considered a bastion for building fraternity, emphasizing the need for a society where all religious beliefs are respected.
Protection of Dignity and Human Rights
The judiciary has taken a stand against arbitrary or misguided state policies that could damage the idea of fraternity and human dignity.
It underscores the importance of policies and actions being in line with constitutional values and morality.
Privileges and Fraternity
The Court, in cases like 'Shri Raghunathrao Ganpatrao v. Union of India,' has held that certain privileges, like those enjoyed by the princely class, may threaten the common brotherhood and fraternity.
This reflects the principle that privileges that create divisions can be incompatible with fraternity.
Importance of Fraternity in India
Promoting Constitutional Values:
Fraternity is seen as a tool to protect and promote other constitutional values such as liberty, equality, and justice.
It is particularly vital in a diverse country like India, where unity is essential for social and political progress.
Rule of Law:
Faith in the idea of fraternity can help establish the rule of law as a reality.
It implies that fraternity is a foundational principle for a just and law-abiding society.
Role of Fraternity in Governance:
Fraternity imposes duties on the State to foster social cohesion and solidarity.
It necessitates ensuring the well-being of marginalized individuals and promoting social inclusivity.
Universal Rules of Morality:
Fraternity can be viewed as a set of universal rules of morality that transcend individual, group, or caste interests.
These rules ensure the protection of individual rights and prevent conflicts within society.
Religious Choesion:
Different religions have varying degrees of fraternity.
While some, like Buddhism, emphasize a sense of brotherhood extending to all humans, others may limit it to specific communities or castes.
Fraternity and Dignity:
The Preamble emphasizes that the nation's unity can only be achieved when the dignity of the individual is secured.
This underscores the importance of respecting the rights and dignity of every citizen.
Countering Divisive Forces:
Fraternity plays a crucial role in countering regionalism, linguistics, communalism, and secessionist activities.
It fosters a spirit of brotherhood that helps bridge the gaps created by societal diversity.
Duties of the People:
The constitution not only outlines the ideals and aspirations of the Indian people but also highlights their duty to achieving justice, liberty, equality, and fraternity for all citizens.
Article 51A(e) impose a duty to promote harmony and the spirit of common brotherhood amongst all the people of India
Complementary to Equality:
Fraternity complements equality, as it operates as a safeguard against inequality.
The Constitution explicitly prohibits all forms of inequality and untouchability, reinforcing the need for fraternity in society.
Freedom of Speech and tolerance: Fraternity encourages respectful communication and tolerance among citizens.
Freedom of Religion and Neutrality: Fraternity helps reduce misunderstandings by establishing a sense of common brotherhood among different religious groups.
Cultural Rights and Duties: The Constitution safeguards cultural rights, and it also imposes duties on citizens to promote harmony, common brotherhood, and the preservation of India's rich cultural heritage.
Challenges to Fraternity in India
Fraternity vs. Caste System
The caste system in India posed a significant challenge to the idea of fraternity.
The mixing of caste and politics has led to the politicization of caste identities, which can be detrimental to social cohesion and fraternity.
Fraternal ties have often been limited to caste communities, hindering the forging of broader political unity.
The exploitation of weaker sections of society, including child labor and child sexual abuse, is a clear violation of the principles of equality and fraternity.
It highlights the need for greater social justice and protection of vulnerable groups.
Gender Inequality
Gender inequality remains a challenge, reflecting a lack of fraternity in the treatment of women and their rights.
Communalism and Religious Fundamentalism
Communalism and religious fundamentalism disrupt social harmony and create divisions among religious communities.
Political Violence
The use of violence for political purposes is dangerous and erodes trust and unity among citizens.
It undermines the principles of democracy and fraternity.
Regionalism
Regionalism, driven by regional disparities and imbalances in development, can create divisions within the nation and hampers fraternity.
Lack of Promotion of Harmony
The efforts to promote harmony and a spirit of common brotherhood among people of different sections and religions have been insufficient.
True fraternity requires respecting, understanding and accommodating diverse beliefs.
Way Forward
Preamble and Beyond:
While fraternity is explicitly mentioned in the Preamble of the Indian Constitution, its significance goes beyond just being a preamble statement.
It should permeate all aspects of society to establish a peaceful, just, and fair social order.
Caste System:
Dr. Ambedkar believed that eliminating the caste system is essential for achieving true fraternity and building a united nation.
Link to Other Constitutional Values:
Fraternity is seen as a foundational step toward achieving other constitutional values such as equality, liberty, and the dignity of individuals.
It is posited that by nurturing fraternity, India's unity and integrity will naturally flourish.
Role of Judiciary:
The concept of fraternity is suggested to have ample scope for interpretation within the Constitution.
It can be a valuable tool for promoting social solidarity and addressing various challenges and inequalities.
Responsibility of All Organs of Government:
All three branches of government (executive, legislature, and judiciary) should have a responsibility for promoting and fostering the idea of fraternity and brotherhood.
This implies that the government should work towards ensuring that policies and actions promote unity and respect among citizens.
Educating About Fraternity:
Education about the concept of fraternity is deemed essential.
Raising awareness and understanding of fraternity among citizens can contribute to a more cohesive and harmonious society.
Protective Laws:
Numerous protective laws have been enacted by Parliament to safeguard the rights of underprivileged sections of society.
However, if fraternal bonds had been appropriately developed and maintained, such laws might not be necessary.
To achieve political fraternity, certain preconditions are necessary, it should not overlook social inequalities or promote social solidarity based on hatred or discrimination. It must resist the rhetoric of belligerent nationalism and religious intolerance, as these factors can undermine true fraternity. The relationship between caste and political fraternity in India remains a complex and evolving issue. The task of Indian politics in the future is to determine whether fraternity or caste will prevail, as they appear incompatible in the current social milieu.
Context: Speaker of Lok Sabha Om Birla writes about the Function of Parliament, Responsibilities of Member of Parliament and increasing Role of Technology in a democracy.
Parliament of India
India's democratic legacy can be traced back to ancient times, with references to institutions that facilitated deliberation and debate. This deep-rooted democratic ethos has persisted through history. Which reflection can be seen in Parliament.
Indian Parliament is the supreme legislative body of India.
It comprises of the President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the People).
The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.
Functions of Parliament
Legislative Function: The primary function of Parliament is to make laws for the effective governance of the country.
It can enact laws on subjects listed in the Union List and Concurrent List.
Additionally, it can legislate on State List subjects under specific circumstances, as outlined in the Constitution.
Executive Function: Parliament exercises oversight over the executive branch of the government through mechanisms like question hour, zero hours, and various committees.
It can also express a lack of confidence in the government through specific parliamentary procedures e.g., non-confidence motion, refusing motion of thanks.
Financial Function: It reviews and approves the budget, ensuring that government funds are allocated for approved purposes.
No fund can be taken out of the consolidated fund of India without its approval.
Constitutional Amendment: Parliament has the power to amend the Constitution, subject to basic structure doctrine.
Constitutional amendments can be made through different procedures under Article 368 of the Constitution.
Judicial Function: The Parliament has a role in the judicial process, including the power to impeach the President, remove the Vice-President, and recommend the removal of judges, Chief Election Commissioner, and Comptroller and Auditor General for violations of constitutional norms.
Electoral Function: Parliament participates in the election of the President and Vice President of India. The Lok Sabha and Rajya Sabha also elect their respective speakers and deputy speakers.
Emergency Powers: The Parliament approves all three types of emergencies (National Emergency, State Emergency, and Financial Emergency) declared by the President of India.
Administrative Function: Parliament has authority over various administrative matters, such as creating or dissolving state legislative councils, altering state boundaries, and regulating the jurisdiction and organization of the High Courts and Supreme Court.
Information Gathering: Parliament serves as a reliable source of information about the government's performance and actions. Ministers are obligated to provide information when requested by members.
Promoting Diversity and Inclusion: Parliament respects and promotes diversity in all its dimensions and is committed to reaching out to weaker sections of society. It strives to make society more inclusive and fairer through legislation and debates.
Parliamentary Committees:Parliamentary committees complement the work of Parliament by scrutinizing bills, budgetary proposals, and government ministries in detail. They play a crucial role in oversight and ensuring the efficiency of government operations.
Role of Member of Parliament (MP)
Legal Obligation: MPs in India seek endorsement every 5 years for their plans and programs from their constituents through free, fair, and open elections. This underscores the democratic principle that MPs derive their authority from the people theyrepresent.
Constitutional and Moral Authority: MPs are bestowed with both constitutional and moral authority. They have the authority to enact laws, set political goals, allocate resources, and hold the executive accountable for its actions.
Voice of the Common Citizens: MPs serve as the voice of the common citizens, bridging the gap between the government and the people.
They are responsible for bringing the concerns, issues, and difficulties of their constituents to the attention of the government and the nation.
Executive Accountability: MPs play a crucial role in securing accountability of the executive branch of government.
They have instruments at their disposal, such as the Constitution, Rules of Procedure, and precedents, to hold the government accountable for its acts and decisions.
Parliamentary Privileges: The Constitution grants MPs certain rights, privileges, and immunities to enable them to discharge their responsibilities efficiently and effectively.
These privileges protect the autonomy, authority, and dignity of Parliament from interference by other branches of the state.
Responsibility to Uphold Dignity: MPs are morally bound to speak responsibly in Parliament and adhere to the highest parliamentary norms. Their dignified and decorous behavior is expected as they are looked upon as role models.
Respect for Democratic Values: MPs collectively contribute to creating a vibrant and living embodiment of the will of the people.
They respect and uphold constitutional values, the unity of the nation, and the common good while accommodating all shades of opinion.
Issues in the Functioning of Indian Parliament
Disruptions and Unruly Behavior: The disruptions have become increasingly common and have resulted in lower productivity of the House which hinders meaningful deliberation and debate on national issues.
Decline in Parliamentary Norms: Members are morally bound to speak responsibly, but there have been instances of frivolous, baseless, and defamatory allegations resulting in a decline in parliamentary norms.
Lack of Informed Debate: Disruptions have led to the passing of important legislation without detailed debates.
This means that critical issues may not receive the thorough discussion they deserve, which is essential for well-informed decision-making.
Obstructionism: While the right to question and dissent is integral to democracy, obstructionism has become a problem. Some members use disruption to express disapproval rather than engaging in informed debate, wit, and humor.
Use of technology in Parliament
Digital Sansad App: The Digital Sansad app has been developed and continuously improved to enhance communication and engagement between members of Parliament, legislative bodies, and citizens.
This app provides access to parliamentary proceedings, documents, and updates.
Social Media Presence: The Parliament of India has upgraded its social media coverage to effectively engage with the youth and the public. This includes sharing information, resources, and updates on social media platforms.
Green Building Norms: The new Parliament building incorporates top-rated green building norms and modern technology to reduce its carbon footprint and improve energy efficiency. This reflects a commitment to sustainability and environmental consciousness.
Efficiency Enhancement: The integration of technology is aimed at enhancing the efficiency of parliamentary processes, including document management, communication, and access to information.
Connectivity: The use of technology helps connect members of Parliament, legislative bodies, and citizens more effectively, enabling better communication, transparency, and awareness of parliamentary activities.
Remote Participation: Technology may enable remote participation in parliamentary sessions and committee meetings, allowing members to engage in their duties even when not physically present in Parliament.
Transparency and Accountability: The use of technology can enhance transparency in parliamentary proceedings, making it easier for citizens to monitor the actions and decisions of their representatives.
Constitutional and Legal Compliance: The integration of technology likely adheres to constitutional and legal requirements to ensure the proper functioning of the Parliament.
Way Forward
Restoring Pre-eminence of Parliament: MPs should not miss the opportunities to demand answers from the government and to raise important constituency-related issues rather than causing disruption.
Need for Technological Integration: The 21st century demands that Parliament embrace technology to enhance efficiency, transparency, and accessibility. While efforts have been made to introduce information technology, there is still room for improvement in fully harnessing technology's potential.
E-Sansad: The Parliament of India should move towards becoming a "e-Sansad," signifying its commitment to utilising technology for more effective governance and communication.
Despite the challenges, the Indian Parliament is described as a vibrant and living embodiment of the will of the people. It has successfully navigated various discordant notes and upheld constitutional values, national interest, unity, and the common good.
Context: Recently, the French government announced that the practice of wearing abaya would be banned in state-run schools as it violated the principle of Laïcité, which is the French idea of secularism.
Secularism
In simple terms, Secularism is the concept which advocates that government, and its entities should exist separately from religion.
It can be defined as a normative doctrine which seeks to realise a secular society, i.e., one devoid of inter-religious domination or intra-religious domination. it promotes freedom within religions, and equality between, as well as within, religions.
In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State.
Laïcité: The French Secularism
In today’s context Laïcité is a complicated and politically charged term. It originated in France and involved complete removal of religious values from the public sphere and their replacement with secular values such as liberty, equality, and fraternity.
Origin of Laïcité
Laïcité, a product of the struggle of anti-clerical Republicans against the power of the Catholic Church, was an abstract idea following the French Revolution in 1789.
It took concrete shape and legal backing after the Law of 1905.
The Law of 1905 guarantees freedom of conscience and freedom of worship except when it clashes with public order.
It states that the Republic would neither pay for nor subsidise any form of worship.
Overview
It is understood as a formal separation of the State and Church.
Its goal is to implant tolerance and assimilate people.
Its objective is that religion remain confined to private spheres.
The state plays an important role in ensuring that affairs are run according to the principle of Laïcité.
Development happened in Laïcité
In 1989, the Supreme Court of France ruled that the headscarf was not incompatible with the principle of Laïcité.
France passed a law in 2004 prohibiting the wearing of ostentatious symbols that have a clear religious meaning, such as a Catholic dress, a Jewish kippah, or a Muslim headscarf, in public spaces. In 2011, France banned the wearing of face-covering veils in public places.
In a survey in 2022, 36% of French people said that they believe that secularism was “rather not sufficiently” being defended in France, while 21% said it was “not at all” being defended.
Indian Secularism: The Positive form of Secularism
The Forty-Second Constitution Amendment Act of 1976 incorporated the term ‘Secular’ in the Preamble of the Constitution which declares India as a sovereign, socialist, secular, democratic, republic.
The introduction of the word “secular” by the 42nd amendment simply made the secular nation of the Indian Constitution more apparent. No religion is given special status in India as a state. There is no such thing as an Indian state religion. This distinguishes it from theocratic regimes such as the Islamic Republic of Iran and other Islamic countries.
Overview of Indian Secularism
There is no strict separation between state and religion in India.
Secularism is a fundamental principle of the Indian Constitution’s basic structure.
As a secular state India is committed to principles and goals which are at least partly derived from non-religious sources including peace, religious freedom, freedom from religiously grounded oppression, discrimination and exclusion, as also inter-religious and intra-religious equality.
its objectives to ensure the following:
That one religious community does not dominate another.
That some members do not dominate other members of the same religious community.
That the State does not enforce any particular religion nor take away the religious freedom of individuals.
Difference Between Indian and Western idea of Secularism
Western
Indian
Separation of religion and state is understood as mutual exclusion: The state will not intervene in the affairs of religion, and, in the same manner, religion will not interfere in the affairs of the state.
Indian secularism does not focus only on church-state separation and the idea of inter-religious equality is crucial to the Indian conception.
Under this concept no policy of the state can have an exclusively religious rationale and no religious classification can be the basis of any public policy.
Indian secularism allows for principled state intervention in all religions.
State cannot aid any religious institution. It cannot give financial support to educational institutions run by religious communities.
The Indian Constitution grants the right to religious communities to set up their own schools and colleges, state can also give them financial aid on a non- preferential basis.
State cannot hinder the activities of religious communities, if they are within the broad limits set by the law of the land.
Indian secularism is compatible with the idea of state-supported religious reform.
This conception interprets freedom and equality in an individualist manner, there is little scope for community-based rights or minority rights.
Indian secularism deals not only with religious freedom of individuals but also with religious freedom of minority communities.
Constitutional Provisions related to Secularism
Article 14: It ensures equality before the law and equal legal protection for all individuals.
Article 15: It prohibits discrimination on the basis of religion, race, caste, sex, or place of birth, ensuring access to public facilities and services.
Article 16: It guarantees equality of opportunities in employment, preventing discrimination in employment based on religious grounds.
Article 19: It grants fundamental rights such as freedom of speech and expression, peaceful assembly, and the right to choose one's profession, subject to reasonable restrictions.
Article 25: This article guarantees freedom of conscience and the right to practice, profess, and propagate any religion. It emphasizes that religious conversion cannot be forced.
Article 26: It protects the rights of religious denominations to manage their religious affairs, provided they meet certain criteria like common faith, distinctive name etc.
Article 27: It ensures that no one is compelled to pay taxes for the promotion or maintenance of any particular religious denomination.
Article 28: It restricts the teaching of religion in state-funded educational institutions but allows religious instruction in institutions formed under endowments or trusts.
Article 44: This article aims at a Uniform Civil Code, ensuring secular civil laws for all citizens regardless of their religion, caste, or tribe.
Article 51A: Fundamental Duties provides that it shall be the duty of all the citizens to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities, to uphold and protect the sovereignty, unity and integrity of India and to value and preserve the rich heritage of our composite culture.
Court Cases Related to Secularism
Kesavananda Bharati v. State of Kerala
In this case, the Supreme Court declared secularism as part of the Constitution's basic structure, making it immune to parliamentary amendments.
S.R Bommai v. Union of India
In this case supreme court clarified that secularism does not imply atheism but rather ensures equal status for all religions.
Ahmedabad St. Xavier’s College v. State of Gujarat
In this case, the supreme court emphasized that secularism neither promotes nor opposes religion but prevents discrimination based on religion.
Indian Young Lawyers Association v. State of Kerala
In this case, the supreme court highlighted that established religious practices can be challenged based on constitutional principles of equality.
Context: Right to Information activists are complaining about the dilution of the RTI act.
Right To Information (RTI)
Fundamental Right: RTI is a part of the fundamental right to freedom of speech and expression under Article 19(1) of the Indian Constitution.
In the case of Bennett Coleman vs. Union of India, the Supreme Court stated that “Right to information is our fundamental right falls within the purview of article 19(1)(a) of the Constitution of India”.
Statutory Right: The RTI has been made a statutory right through the Right to Information Act, 2005, allowing any citizen to request government information.
Key feature of RTI
Objective:
The primary objective of the RTI Act is
To empower citizens.
To promote transparency and accountability in government functioning.
To enhance democracy by making government activities and related information accessible to the public.
To help citizens obtain information from the Government and State institutions that are not readily available in public domain.
To identify delays in public works, shortfalls and leaks in welfare schemes, and provide crucial insights into government’s decision making.
To allow any citizen to make requests for access to data, documents, and other information in the government’s possession.
Definition of Right to Information: As per Section 2(j) of the RTI Act, the "right to information" means the right to access information held by or under the control of any public authority.
Public Authority: A public authority, as defined in Section 2(h), includes government bodiesestablished by or under the Constitution or any law, as well as organizations substantially financed by the government.
Private Bodies: Only private bodies substantially funded, controlled, or owned by the government come under the purview of the RTI Act. Other private organizations can be accessed through government departments if allowed by other laws.
Public Information Officer (PIO): Each public authority must appoint a PIO responsible for handling RTI requests and providing information to citizens.
Information Covered: Information includes records, documents, memos, emails, opinions, advice, press releases, circulars, orders, and more. However, personal opinions cannot be sought under the RTI Act.
Rights Under the RTI Act:
Request any information held by a public authority.
Obtain copies of government documents.
Inspect government works, documents, and records.
Take notes, extracts, or certified copies of government documents or records.
Take certified samples of government work.
Obtain information in electronic formats.
Seek information without the need to provide reasons for the request.
Applicability: While Section 3 of the RTI Act gives the right to all citizens to access information, Section 6 provides a broader framework for any person to seek information, making it even more inclusive.
Suo-moto furnishing of information: Section 4(2) provides for the obligation of the public authority to make efforts for providing information suomoto to the public at regular intervals using various modes of communication.
Information Request Process:
Submit a written RTI application to the PIO.
The PIO must respond within 30 days, providing the requested information.
An additional period of five days is allowed in computing the period for response in the following cases:
When the application is received through the Assistant Public Information Officer.
When the application is received by way of transfer.
In cases concerning life or liberty, information must be provided within 48 hours.
No reasons need to be given for seeking information.
Grounds for Refusal: The PIO can refuse information only on specific grounds mentioned in Section 8, such as national security, privacy, or breach of privilege.
Personal Data: Under section 8(1)(j) it prohibits personal data disclosure of citizens by the government, unless there is an overriding public interest in doing so.
Exempted Organizations: Certain organizations related to defense and intelligence, as specified in Section 24, are exempted from the RTI Act.
Appeals: If information is not provided or if the applicant is unsatisfied, they can file an appeal with Appellate Authority within 30 days. Further appeals can be made to the Information Commission.
Filing RTI Online: Both the central and some state governments have online portals for filing RTI requests, simplifying the process.
Amendments by RTI (Amendment) Bill, 2019
Provision
RTI Act, 2005
RTI (Amendment) Bill, 2019
Term
The Chief Information Commissioner (CIC) and Information Commissioners (ICs) (at the central and state level) will hold office for a term of five years.
The Bill removes this provision and states that the central government will notify the term of office for the CIC and the ICs.
Quantum of Salary
The salary of the CIC and ICs (at the central level) will be equivalent to the salary paid to the Chief Election Commissioner and Election Commissioners, respectively. Similarly, the salary of the CIC and ICs (at the state level) will be equivalent to the salary paid to the Election Commissioners and the Chief Secretary to the state government, respectively.
The Bill removes these provisions and states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.
Deductions in Salary
The Act states that at the time of the appointment of the CIC and ICs (at the central and state level), if they are receiving pension or any other retirement benefits for previous government service, their salaries will be reduced by an amount equal to the pension. Previous government service includes service under: (i) the central government, (ii) state government, (iii) corporation established under a central or state law, and (iv) company owned or controlled by the central or state government.
The Bill removes these provisions.
Key Issues with the implementation of the RTI Act
DPDP Bill: The bill proposes amendments to Section 8(1)(j) of the RTI act to expand its purview and exempt all personal information from disclosure and threatens transparency and accountability regime in the country as public officials would evade accountability by invoking blanket ban on disclosing personal information.
Rules for Implementation of the Act: The RTI Act’s implementation is dependent on subordinate Rules made by the Union Government and State Governments, for instance, the simple matter of what payment method a public authority can accept is left to the States to decide. which made effective implementation depend on the will of the government.
Delays in Appointments: Appointments to information commissions, such as the Central Information Commission (CIC) and State Information Commissions (SICs) like in Jharkhand, can result in significant delays in hearing appeals. This undermines citizens' trust in the RTI framework.
Dysfunctional Digital Space: While online RTI applications can simplify the process, not all states have functional online portals, and some government bodies may not be registered on these platforms. This creates disparities in access to information.
Growing Dissatisfaction: Repetitive first appeals are filed suggesting growing dissatisfaction with the information provided by public officials. This dissatisfaction may stem from perceived barriers, delays, and unresponsiveness in the RTI process.
Broader Accountability Concerns: Practices adopted by various government institutions such as
regulation made for payment e.g., States like Tamil Nadu do not accept Indian Postal Orders (IPOs) and
Difficulty in digital filing of RTI e.g., RTIOnline portal, forces all users to enter their particulars afresh each time they file an application.
Exemptions and Limited Applicability: The RTI Act's limited applicability to certain entities like political parties, the judiciary, and intelligence agencies made critics argue that these exemptions limit the Act's scope and effectiveness.
Ambiguity in the Definition of 'Public Authority': The Act lacks a comprehensive and exclusive definition of 'public authorities,' words like substantially financed are leading to confusion.
Some non-governmental organizations (NGOs) funded by the public instead of the government create uncertainty about their inclusion under this category.
The same ambiguity applies to entities like temples funded by trusts.
Absence of Contempt Provisions: The RTI Act lacks provisions for contempt making it challenging to enforce the orders issued by the information commission. The absence of such provisions weakens the ability to ensure compliance with the Act.
Lack of Penalties for Appellate Authorities: While the Act specifies timeframes for providing information, there are no penalties for appellate authorities or public officers who fail to meet these deadlines.
Qualification of Central Public Information Officers (CPIOs): The Act does not provide clear qualifications for CPIOs, including those appointed with additional duties. Proper qualifications and training are crucial for effectively handling RTI applications and providing relevant information.
Misuse of Information: There is concern about the misuse of information obtained through RTI requests, where individuals with malicious intentions use the Act to harass others or engage in blackmail.
Whistleblower Protection: The RTI Act does not provide adequate protection for whistleblowers who use the Act to expose corruption and malpractices. Whistleblowers often face risks, including violence and threats, which can deter individuals from reporting wrongdoing.
Way Forward
Recommendations Proposed by 2nd ARC to RTI Act
Simplification of Procedure to File RTI Application:
Availability of the officer: PIOs, because of the other responsibilities, might not be available at times increasing the waiting time of applicant leading thus process of filing requests for information needs to be made prompt and simplified.
Management of Record: The records should be maintained such that it is easily accessible to the authority and public, technology like blockchain can be used for this purpose.
Postal Application: A mechanism should be devised by which requests for information can be made possible through the post.
Payment Methods:
The insistence by some departments to receive fees only through demand drafts and not in cash needs to be dispensed with.
In addition to the existing modes of payment, appropriate governments should amend the Rules to include payment through postal orders.
States may be required to frame Rules regarding application fee which are in harmony with the Central Rules. It needs to be ensured that the fee itself does not become a disincentive.
Clarity in Definition of Public Authority:
The lowest office in any organization which has decision-making power or is a custodian of records should be recognized as a public authority.
Organisations which perform functions of a public nature that are ordinarily performed by government or its agencies, and those which enjoy natural monopoly may be brought within the purview of the Act.
Training of Officer: All government functionaries should be given at least one day's training on the Right to Information within a year. These training programmes must be organized in a decentralized manner in every block.
Oversight Mechanism: Through an appropriate provision made under section 30 the CIC and the SICs may be entrusted with the task of monitoring effective implementation of the Right to Information Act in all public authorities.
Appointment of CIC and SIC: Section 12 of the Act may be amended to constitute the Selection Committee of CIC with the Prime Minister, Leader of the Opposition and the Chief Justice of India similarly Section 15 may be amended.
Qualification: At least half of the members of the Information Commissions should be drawn from non-civil services background. Such a provision may be made in the Rules under the Act, by the Union Government, applicable to both CIC and SICs.
Regional Offices: The CIC should establish 4 regional offices of CIC with a Commissioner heading each. Similarly regional offices of SICs should be established in larger States
Constitution of Appellate Authority: All public authorities may be advised by the Government of India that along with the Public Information Officers they should also designate the appellate authority either under Rules or by invoking Section 30 of the Act and publish both, together.
National Coordination Committee (NCC): NCC may be set up under the chairpersonship of the Chief Information Commissioner to serve as a national platform for effective implementation of the Act, to review the Rules and Executive orders issued by the appropriate governments under the Act.
Court Cases Related to RTI
CBSE v. Aditya Bandopadhyay & Ors. (2011)
This case was about the right of examinee to information of his evaluated copies from the CBSE. In this case the Supreme court held that the provisions of the RTI Act will continue to prevail over the provisions of the byelaws/rules of the examining bodies regarding all exams.
Girish Ramchandra Deshpande v. Central Information Commission & Ors.
In this case court was asked whether the information like movable/immovable property, assets liabilities and information with reference to the career of a public servant can be denied.
Court held that the details disclosed by a person in his income tax returns are “personal information” which stand exempted from disclosure under clause (j) of Section 8(1) of the RTI Act, unless involves a larger public interest and the Central Public Information Officer or the State Public Information Officer or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information.
The Right to Information Act, 2005 is a significant statutory measure for realisation of the citizen’s right to access information which promotes transparency, accountability in function discharge by public authorities. Though, right to information is considered as advancement in India it suffers from several drawbacks like impractical rules and regulations, hindrance in filing RTI etc. Which can be addressed by backing Information commission’s order by contempt provision, making RTI filing procedure user friendly, improving rules and regulation formed by the governments through debate and deliberation in respective legislative bodies.
Context: A committee has been formed under the headship of former President of India Ram Nath Kovind, to look into the feasibility of simultaneous elections to State Assemblies and the Lok Sabha.
About One Nation One Election
The idea of "One Nation One Election" entails aligning the electoral cycles of Indian Lok Sabha (LS) and State Assemblies, allowing voters to cast their ballots for both on a single day.
This practice was prevalent until 1967, but it was discontinued following the dissolution of some assemblies in 1968 and 1969, followed by the dissolution of the Lok Sabha in 1970.
Arguments in Favour
Firstly, it reduces the frequent imposition of the Model Code of Conduct (MCC), which often leads to policy paralysis and disrupts essential developmental work.
Secondly, it curtails substantial expenditures incurred bypolitical parties, individual candidates, and other stakeholders.
Thirdly, it optimises the deployment of security forces, freeing them up for other vital internal security purposes.
Fourthly, it addresses the issue of frequent elections hindering legislative work, preventing governments from squandering resources on short-term, unproductive freebies.
Furthermore, it diminishes the divisive influence of caste, religion, and communal issues in society.
Lastly, it minimises the hidden and unquantifiable socio-economic costs, such as teachers missing from schools, revenue machinery diverted to election-related work, and the economic costs of lost teaching weeks and poorly executed welfare programs for the disadvantaged.
Arguments Against
Aligning the terms of various assemblies would necessitate constitutional changes, which are currently difficult to implement.
Additionally, the absence of fixed terms for the Lok Sabha and state assemblies complicates synchronisation efforts.
Further, this move infringes upon the spirit of federalism, limiting the state legislatures' authority to unseat a government through no-confidence motions.
It also complicates voters' decision-making as they must weigh national and local issues simultaneously.
Frequent elections and electoral outcomes serve as mechanisms for governments to make necessary course corrections, and this might be hindered by simultaneous elections.
Logistic challenges, including arranging Electronic Voting Machines (EVMs), manpower, and security forces, present practical difficulties.
Moreover, regional parties may face a comparative disadvantage against national parties in such a setup.
The Way Forward
To address these concerns, various suggestions have been proposed.
One approach is to conduct electionsin two phases, as recommended by a Parliamentary Standing Committee. Phase I would coincide with Lok Sabha elections, while Phase II would occur approximately midway through the Lok Sabha's term, resulting in elections every 2.5 years once synchronisation is achieved.
The Election Commission has recommended measures to avoid premature dissolution, such as moving confidence and no-confidence motions together and conducting fresh elections for the remainder of the term.
Additionally, the Law Commission has put forward recommendations:
It includes defining "simultaneous elections” in the Representation of the People Act (RPA) of 1951 and amending provisions to ensure that LS and assembly constituencies formed after midterm elections serve only for the remaining term.
The anti-defection law could be amended to prevent stalemates, and the statutory limit for general election notifications could be extended. It's proposed that no-confidence motions could be followed by the option to form an alternative government.
Lastly, the Prime Minister or Chief Minister could be elected to lead the Lok Sabha or Assembly by the entire house, similar to electing the Speaker of the Lok Sabha, providing greater stability to the government.
Conclusion
Implementing simultaneous elections in India is a complex undertaking requiring extensive coordination and consultation among all stakeholders. A phased synchronisation of LS and Assembly tenures, as suggested by a Parliamentary Committee, may be a more feasible approach than an immediate, one-time overhaul of the electoral system.
Key Points:- The article discusses the progress of the National Mission for Clean Ganga (NMCG), a flagship program launched in 2015 to rejuvenate the Ganga river.- It highlights that 7 years since its launch, the NMCG has been able to install sewage treatment plants (STPs) to treat only 20% of the estimated sewage generation in the 5 main Ganga basin states.
This is expected to increase to 33% by 2024.- As per NMCG's projections, STPs will be able to treat 60% of sewage by 2026.
This is based on estimated sewage generation of 11,765 million litres per day (MLD) in the Ganga basin states.- NMCG plans to set up STPs to treat 7,000 MLD sewage by 2026.
Remaining capacity will be set up by states.- Till July 2022, STPs to treat 2,665 MLD sewage have been commissioned. Maximum plants set up in Uttarakhand, UP and West Bengal. - The pace of project implementation and commissioning has picked up recently.
Nearly 60% of the installed capacity was added in 2022-23.- Challenges like land acquisition, issues with Detailed Project Reports and lack of state involvement had earlier slowed implementation.- Signs of improved water quality - increased dolphin population and presence in new stretches, increased fish species tolerant to clean water.
About NMCG
National Mission for Clean Ganga (NMCG) was registered as a society on 2011 under the Societies Registration Act 1860.
It acted as implementation arm of National Ganga River Basin Authority(NGRBA) which was constituted under the provisions of the Environment (Protection) Act (EPA),1986.
NGRBA has since been dissolved with effect from the 2016, consequent to constitution of National Council for Rejuvenation, Protection and Management of River Ganga (referred as National Ganga Council) under EPA 1986.
The Act envisages five tier structure at national, state and district level to take measures for prevention, control and abatement of environmental pollution in river Ganga and to ensure continuous adequate flow of water so as to rejuvenate the river Ganga as below;
Empowered Task Force (ETF) on river Ganga under chairmanship of Hon’ble Union Minister of Jal Shakti (Department of Water Resources, River Development and Ganga Rejuvenation).
NMCG has a two tier management structure and comprises of Governing Council and Executive Committee.
Both of them are headed by Director General, NMCG. Executive Committee has been authorized to accord approval for all projects up to Rs.1000 crore.
Similar to structure at national level, State Programme Management Groups (SPMGs) acts as implementing arm of State Ganga Committees.
Thus the newly created structure attempts to bring all stakeholders on one platform to take a holistic approach towards the task of Ganga cleaning and rejuvenation.
The Director General(DG) of NMCG is a Additional Secretary in Government of India. For effective implementation of the projects under the overall supervision of NMCG, the State Level Program Management Groups (SPMGs) are, also headed by senior officers of the concerned States.
Aim & Objective of NMCG
The core objectives of the National Mission for Clean Ganga include a range of targets, which include
The proposed approach involves the reconstruction and improvement of the current Sewage Treatment Plants (STPs), with the implementation of prompt short-term measures aimed at mitigating pollution at the riverside departure points.
The primary objective is to effectively minimize the inflow of sewage into the river system.
In order to maintain a continuous flow of water while minimizing disruption to natural seasonal variations.
The objective is to effectively rehabilitate and sustain the levels of groundwater and surface flow.
The primary objective is to rehabilitate and maintain the indigenous flora within the region.
The primary objective is to save and restore the aquatic and riparian biodiversity within the river Ganga basin.
In order to facilitate public engagement in the protection, rehabilitation, and management of the river.
Initiatives Related to Ganga
NAMAMI GANGE PROGRAMME
The Namami Gange Programme is an Integrated Conservation Mission initiated by the Union Government in June 2014. It is regarded as a "Flagship Program" aimed at accomplishing two primary objectives: the efficient reduction of pollution and the preservation and rehabilitation of the National River Ganga.
The entity responsible for its operation is the Department of Water Resources, River Development, and Ganga Rejuvenation under the Ministry of Jal Shakti. The implementation of the project (SPMGs) is under the responsibility of the National Mission for Clean Ganga (NMCG) and its state equivalent organizations, known as State Initiative Management Groups.The National Mission for Clean Ganga (NMCG) serves as the operational entity of the National Ganga Council, assuming the responsibilities formerly held by the National Ganga River Basin Authority since 2016.
The organization has a capital of Rs 20,000 crore, which is centrally backed and non-lapsable. Additionally, it oversees a total of 288 projects.
The main components of the program are: Sewerage Treatment Infrastructure & Industrial Effluent Monitoring,Bio-Diversity & Tree plantations
Social Awareness River-Front Development & River-Surface Cleaning.
GANGA KNOWLEDGE CENTRE
The establishment of the Ganga Knowledge Centre (GKC) by the National Mission for Clean Ganga aims to enhance the execution of the National Ganga River Basin Authority (NGRBA) plan. The primary goals of the Ganga Knowledge Centre (GKC) encompass the establishment and administration of knowledge repositories, encompassing the analysis and modeling of various datasets pertinent to the Ganga River Basin. Additionally, the GKC aims to cultivate research innovation by identifying areas of knowledge deficiency, the necessity for novel concepts, and providing support for focused research endeavors. Furthermore, the GKC endeavors to promote discourse with stakeholders by engaging the general public and forging alliances with domestic and international universities, institutions, public and private entities, as well as non-governmental organizations (NGOs).
THE CENTRE FOR GANGA RIVER BASIN MANAGEMENT AND STUDIES (CGANGA)
Established in 2016, the Centre for Ganga River Basin Management and Studies (cGanga) is a data collection centre to ensure sustainable development of Ganga River Basin. cGanga acts as a think tank for the National Mission for Clean Ganga, Ministry of Water Resources, River Development and Ganga Rejuvenation (MoWR, RD & GR) and the Government of India.
National Ganga Council
The chairperson of the National Ganga Council is the Prime Minister.The establishment of the National Ganga Council is mandated under the Environment (Protection) Act (EPA) of 1986.The entity has been entrusted with the overarching duty of overseeing the prevention and restoration of pollution in the River Ganga Basin, including the Ganga River and its several tributaries.The National Mission for Clean Ganga (NMCG) serves as the operational entity responsible for executing the objectives of the National Ganga Council.The National Mission for Clean Ganga (NMCG) was created in 2011 as a recognized organisation.The organizational framework consists of a dual-level management system, which includes a Governing Council and an Executive Committee.The primary goals and objectives of the National Mission for Clean Ganga (NMCG) include the following: to guarantee the efficient regulation of pollution and restoration of the Ganga river via the implementation of a river basin strategy, with the purpose of fostering inter-sectoral collaboration to facilitate comprehensive planning and management.The objective is to sustainably develop the river Ganga by implementing measures that preserve the minimal ecological flows, therefore safeguarding water quality and promoting environmentally responsible practices.
Currently, the National Mission for Clean Ganga encompasses more than just the task of cleaning the river.
It also strives to enhance the river's ecosystem and preserve its biodiversity via measures such as maintaining ecological flow, safeguarding wetlands, and conserving springs.
Additionally, there is an emphasis on revitalizing lesser rivers. Furthermore, the National Mission for Clean Ganga is doing research on other rivers, namely Yamuna and Ramganga, with the objective of formulating an environmental flow analysis (e-flow) for the Yamuna River and its principal tributaries.
The mission will further prioritize the enhancement of grassroots institutions and the implementation of community-driven programs.
Context: Press and Registration of Books Act amendments to come into force on Sept. 1
About Press and Registration of Periodicals Act 2023
It seeks to simplify the registration process for periodicals and make it mandatory for digital news platforms to do a “one-time registration” in order to operate.
It replaces the existing Press and Registration of Books (PRB) Act, of 1867, which governs the registration of the print and publishing industry in the country.
The aim is to bring transparency and ease of doing business. It will provide for a simple process that will help small and medium publishers.
Provision of Press and Registration of Periodicals Act 2023
Registration of periodicals: The Act allows for registering newspapers, periodicals, and books, and cataloguing books. The act focuses on registering periodicals containing public news or comments on it, excluding books and academic journals.
Declaration of periodicals: In the 1867 Act, only the district magistrate (DM) could cancel the declaration of a periodical, while the Press Registrar General (PRG) did not have suo motu powers to cancel or suspend the Certificate of Registration granted by it. However, the PRP Act empowers the PRG to suspend/cancel registration.
Foreign periodicals: An exact reproduction of a foreign periodical may be printed in India only with the prior approval of the central government. The manner of registration of such periodicals will be prescribed.
Appellate Authority: It also provides for an appellate authority. The Appellate Board (Press and Registration Appellate Board) will comprise the chairperson, Press Council of India (PCI), and two members of PCI to hear an appeal against the refusal of grant of registration, imposition of any penalty or suspension/cancellation of registration by PRG.
Suspension and cancellation of registration: The act allows the Press Registrar General to suspend a periodical’s registration for a minimum period of 30 days which can extend to 180 days.
Reason for suspension and cancellation of registration: The registration may be suspended due to: (i) registration obtained by furnishing false information, (ii) failure to publish periodicals continuously, and (iii) giving false particulars in annual statements. The Press Registrar General may cancel the registration if the publisher does not correct such defects.
Registration may also be cancelled if: (i) a periodical has the same or similar title as any other periodical, (ii) the owner/ publisher has been convicted of a terrorist act or unlawful activity, or for acting against the security of the state.
Offence: A person who has been convicted by any court for an offence involving a terrorist act or unlawful activity, or having done anything against the security of the state shall not be permitted to bring out a periodical.
Penalties: It waters down the penal provisions of the PRB Act, which made improper declaration of information a punishable offence with a prison term of up to six months. Under the new Act, imprisonment for up to six months is only applicable if a periodical is published without registration, and the publisher continues printing it after a six-month notice from PRG to stop.
Appeal: Any person may appeal against the refusal to issue a registration certificate, suspension/ cancellation of registration or imposition of penalty. Such appeals may be filed before the Press and Registration Appellate Board within 60 days.
Exclusion: Books, which were part of the PRB Act, of 1867, have been taken out of the purview of this act as books as a subject are administered by the Ministry of Education.
Press Registrar General
The Office of the Registrar of Newspapers for India, more popularly known as RNI came into being in 1956, on the recommendation of the First Press Commission in 1953 and by amending the Press and Registration of Books Act 1867.
Functions: The office performs both statutory as well as non-statutory functions.
Statutory functions Compilation and maintenance of a Register of Newspapers containing particulars about all the newspapers published.Issue of Certificate of Registration to the newspapers published under valid declaration;Informing the District Magistrates about availability of titles, to intending publishers for filing declaration;
Non-statutory functions:
Formulation of Newsprint Allocation Policy - Guidelines and issue of Eligibility Certificate to the newspapers to enable them to import newsprint and to procure indigenous newsprint.Assessing and certifying the essential need and requirement of newspaper establishments to import printing and composing machinery and allied materials.
