Context: Recently Nyaya Vikas Portal was launched to empower stakeholders with seamless access to information pertaining to funding, documentation, project monitoring and approval.
About Nyaya Vikas
It is a Centrally Sponsored Scheme (CSS) of the Department of since 1993-94.
It is aimed at the development of Infrastructure Facilities for Districts and Subordinate Judiciary.
Under the Scheme, central assistance is provided to the State Government / UT Administrations for the construction of court halls and residential units for Judicial Officers / Judges of District and Subordinate Courts.
With the further extension of the scheme beyond 31.03.2021, some new features like Lawyers Hall, Toilet complexes and Digital computer rooms have been added to the scheme for the convenience of lawyers and litigants, besides court halls and residential units.
The funds sharing pattern under the Scheme for the Center and State is 60:40 in respect of States other than North Eastern and Himalayan States.
The funds sharing pattern is 90:10 in respect of North Eastern and Himalayan States and 100% in respect of Union Territories.
This portal has been created for monitoring the implementation of this Scheme.
Context:The Maharashtra Cabinet has formally approved the renaming of Ahmednagar district to 'Ahilyanagar' after the 18th century Maratha Queen Ahilyabai Holkar. The renaming of Ahmednagar follows the government's decision to rename Aurangabad as Chhatrapati Sambhajinagar and Osmanabad as Dharashiv.
More about the news
Ahilyabai was born in Ahmednagar and after her husband's death in the Battle of Kumbher in 1754, Ahilyabai took charge of the Malwa region.
She established Maheshwar as the capital of the Holkar dynasty in present-day Madhya Pradesh.
The demand for renaming Ahmednagar was initially raised by the ‘Dhangar community’, as Ahilyabai belonged to the Dhangar (shepherd) community.
Ahmednagar, located in the Western region of Maharashtra, has a rich history dating back to 240 BC, mentioned in reference to Mauryan Emperor Ashoka.
During the medieval period, Ahmednagar came under the rule of influential dynasties such as Rashtrakutas, Western Chalukyas and Delhi Sultanate.
Under Delhi Sultanate, the region was indirectly controlled and a revolt by Afghan soldier Allaudin Hasan Gangu resulted in the establishment of the Bahmani kingdom in Deccan.
In 1486, Prime Minister Malik Ahmad Nizam Shah defeated Bahamani Sultan’s attempt to remove him from power, which led to the establishment of an independent kingdom called Nizam Shahi (Ahmednagar), after the disintegration of the Bahmani empire. In 1490, the city of Ahmednagar was founded, on the left bank of the Sina River.
In his book ‘A Discovery of India’, Jawaharlal Nehru acknowledged Nizam Shah as the founder of Ahmednagar in 1490.
In 1636 Aurangzeb, then Mughal viceroy of Deccan finally annexed the sultanate to the Mughal Empire.
Renaming places in India
The Supreme Court dismissed a Public Interest Litigation (PIL) that sought to rename the commission should focus on ‘ancient India’.
The court upheld the principles of ‘rule of law, secularism, and constitutionalism’, and warned against intolerance.
The court stated that the country cannot be held prisoner to the past.
Constitutional provisions for renaming places in India
Renaming a city is a task entrusted to the State Legislatures:
A resolution is raised by a Member of the Legislative Assembly, proposing the renaming of a particular city or street.
It is deliberated upon, and its consequences are discussed.
The validity of the resolution is then voted upon.
If there is a simple majority vote in favour of the resolution, it is declared passed.
State Legislature, based on the majority view, makes necessary changes to the name of the city.
The procedure for renaming a state is a task entrusted to the Parliament:
Article 3 and 4 of the Constitution provides for the renaming of a state.
A bill for renaming a state is introduced in Parliament on the recommendation of the President.
Before the introduction of the bill, President sends it to the respective state assembly to express their views within a stipulated time.
Views of the state assembly are not binding on President or Parliament but are of vital importance as any law made will affect that particular state.
The bill is then sent to Parliament for deliberation and it must be passed by a simple majority.
The bill is sent to President for approval and after approval, the bill becomes a law, modifying officially the name of the state.
The rationale behind renaming places in India
Rapid development: India is projected to experience significant urbanization, with an additional 416 million people to reside in cities by 2050. Each new project or street will require a new name.
Fostering Indian identity: Visakhapatnam was given the name ‘Waltair’ by the British, and renaming it aims to reclaim its Indian identity.
Honouring leaders: To honour individuals being universally admired for their contributions to the country. Aurangzeb Road was renamed Dr APJ Abdul Kalam Road in tribute to former President of India
Identity politics: A powerful tool for promoting communal pride.
Political changes: A testing ground for political changes that go beyond symbolic gestures and have substantive implications.
Advantages of renaming places
Preserving cultural heritage: Changing Gurgaon to ‘Gurugram’ restored the historical name, it got from the Mahabharata story of Guru Dronacharya. Similarly, renaming Allahabad as ‘Prayag Raj’ reflects its cultural significance.
Civilizational awakening: Renaming places can contribute to reviving a sense of civilizational consciousness, which has faced invasions and colonialism.
Exerting norms in public space: Allows governments to shape the values embedded in public spaces and contribute to the formation of a desired societal order.
Challenges in renaming places
Creating confusion: In a global economy, changing names after they have gained universal recognition can lead to confusion.
Intangible aspects: Intangible aspects tied to the lived reality of communities may still be associated with the original name. Cultural and historical identities may persist despite official name changes.
Cultural genocide: Renaming places can be viewed as part of a larger process of cultural genocide, where communities feel diminished by disregarding their contributions to the nation's history.
Economic costs: Revising signage to updating official documents and data sets, which involve public expenditure.
Way forward
Supreme Court’s message: It cautioned against misusing history and emphasised the importance of upholding the concept of fraternity in the Constitution's Preamble.
Focus on re-education: Addressing historical guilt and creating a more inclusive society requires re-educating present societies about past wrongs.
Revamp naming philosophy: India needs a revamped philosophy of naming that avoids wasting social capital, especially considering projected urban development and infrastructure expansion.
Avoid politicisation: Political parties should refrain from using popular beliefs and historical narratives as political stunts. Lawmakers should prioritize growth over further fragmentation of society.
Respect history and fraternity: Prioritize upholding the concept of fraternity as outlined in the Constitution's Preamble.
Inclusive cultural landscapes: Ensure that cultural landscapes embrace names, languages, and scripts from diverse communities, fostering a sense of belonging for all.
Context: Law Commission of India has opined that Section 124A criminalising sedition should be retained. However, with some procedural safeguards.
S. G. Vombatkere Case (Supreme Demands Review of Sedition Law)
The opinion of Law Commission is significant as a Supreme Court bench last year decided to put in abeyance all cases of Sedition and directed Centre & State Governments not register any fresh FIR invoking the offence. (S. G. Vombatkere Case)
The Court also directed the Government for examining the sedition law as it found the sedition law not in tune with current times.
Reasons for demand of repeal of sedition law:
Sedition law has a chilling effect on free speech and expression.
Alleged misuse of sedition law for curbing political dissent.
Vague definition of sedition law leading to erroneous interpretation
Very easy to use this law and lack of checks & safeguards
Overzealous application of this law to please political masters (important particularly in light of lack of police reforms)
Reasons for Retaining Sedition as a Crime
For safeguarding the Unity & Integrity of India:
All organised societies have right to protect itself against attempts to overthrow. It is the chief duty of any government to safeguard State & its institutions against external and internal attack.
Precondition of enjoying freedom is to ensure the security of the State because without such guarantee of stability the rest of the law will be ineffective.
Section 124A provides a prompt and effective mechanism for suppression of disintegrating tendencies and protects & preserves the integrity of Indian State. It is a deterrent for persons who want to commit acts of incitement to violence & acts causing disturbance of public order.
Sedition law can check the proliferation of radicalisation against India, promotion of hatred against Government particularly on the social media.
Sedition is a Reasonable Restriction under Article 19(2)
Critics have argued that Sedition Law is violative of Right to speech and expression under Article 19(2) of Constitution. But arguments against this position are:
Constituent Assembly substituted 'sedition' with 'which undermines the security of, or tends to overthrow the State', as the later phrase had a wider import and was more expansive in meaning.
First Amendment of the Constitution incorporated public order, friendly relations with foreign states and incitement to an offence as reasonable restrictions under Article 19(1)(a). SC in Kedar Nath Singh judgement held that sedition was a constitutional restriction under the ambit reasonable restrictions to speech & expression.
When two interpretations of a law are possible the one rendering it constitutional and the other making it unconstitutional, the former interpretation should prevail.
Existence of counter-terror legislations does not obviate the need for Section 124A:
Critics argue that counter terror laws like UAPA & National Security Act makes the sedition law irrelevant. However, these special laws & anti-terror legislations dealing with national security seek to prevent or punish the commission of offences targeted towards the state.
On the other hand, Sedition law seeks to prevent violent, illegal & unconstitutional overthrow of a democratically elected government established by law. Hence, the existence of counter terror laws does not imply all elements of the offence envisaged under Sedition.
Sedition being a colonial legacy is not a valid ground for its repeal:
Critics argue that sedition law is of a colonial legacy and was used against freedom fighters. However, if we go by this logic then the entire legal system of India should be overthrown as India's legal system is a colonial legacy.
The colonial government acted like a master and treated Indians not a citizens but as its servant.
However, in today's constitutional and democratic set up, Government is based on the will of the people, wherein the government is only a servant of the people as it is elected by the people.
Constitution provides ample space and liberty to people to indulge in healthy & constructive criticism of their government in a democratic set up.
However, there is a need to penalise pernicious tendency to incite violence or cause public disorder in the guise of right to freedom of speech & expression.
Realities differ in every jurisdiction:
The argument that just because some countries have repealed sedition from law books means India should also repeal sedition means turning a blind eye to the glaring ground realities & security concerns existing in India.
Even the countries which have repealed sedition law, mere cosmetic changes have been made in the law of sedition without taking away the core of law of sedition or merely merged their sedition law with counter terror laws.
Recommendations of Law Commission on Sedition
Incorporation of ratio of Kedar Nath Judgement of Section 124A of IPC: Supreme Court laid down in Kedar Nath Singh that unless the words used or actions in question
Do not tend to incite violence or
Cause public disorder or
Cause disturbance to public peace
Procedural Guidelines for Preventing any Alleged Misuse of Section 124A of IPC
To prevent any alleged misuse of Section 124A of IPC, the Law Commission has suggested certain procedural safeguards to be undertaken prior to registration of FIR with respect to commission of an offence of Sedition.
These procedural safeguards can be introduced by issuance of guidelines by central government or an amendment in Section 154 of CrPC (dealing with filing of FIR for cognizable offence).
A FIR for an offence of Sedition can be filed only after a police officer not below the rank of inspector conducts a preliminary inquiry. Based on this preliminary report, the Central or State Government should grant permission for registering a FIR.
Removal of Oddity in Punishment Prescribed for Section 124A of IPC: Currently, the punishment prescribed for sedition is either life imprisonment or imprisonment for three years, but nothing in between. There is a need to reform the punishment prescribed for sedition under IPC to allow courts greater room to award punishment for sedition in line with scale and gravity of act committed.
Proposed definition of Sedition
Current Definition of Sedition
Proposed Definition of Sedition
Medium of Sedition
By words, either spoken or written By signsBy visible representationOtherwise
By words, either spoken or written By signsBy visible representationOtherwise
What Qualifies as Sedition?
Attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government established by law.Expression of 'disaffection' includes disloyalty & all feelings of enmity.
Attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the Government established by law, with a tendency to incite violence or cause public disorder (new addition).Tendency means mere inclination to incite violence or cause public disorder rather than proof of actual violence or imminent threat to violence. Expression of 'disaffection' includes disloyalty & all feelings of enmity.
What is not Sedition?
Comments expressing disapprobation of measures of Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection. Comments expressing disapprobation of administrative or other action of Government without exciting or attempting to excite hatred, contempt or disaffection.
Comments expressing disapprobation of measures of Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection. Comments expressing disapprobation of administrative or other action of Government without exciting or attempting to excite hatred, contempt or disaffection.
Punishment for Sedition
Life imprisonment to which fine may be added, orImprisonment which may extend to three, or with fine.
Life imprisonment to which fine may be added, orImprisonment for a term which may extend to seven years, or with fine.
Context: Recently, Union Cabinet at a meeting chaired by Prime Minister Narendra Modi, approved the City Investments to Innovate, Integrate and Sustain (CITIIS) 2.0, a programme under the ambit of the Smart Cities Mission, which aims to promote integrated waste management and climate-oriented reform actions.
About City Investments to Innovate, Integrate and Sustain 2.0 (CITIIS 2.0)
It aims to leverage and scale up the learnings and successes of CITIIS 1.0 which was launched in 2018.
Vision
The programme envisages to support competitively selected projects promoting a circular economy with focus on
Integrated waste management at the city level
Climate-oriented reform actions at the state level
Institutional strengthening and knowledgedissemination at the national level.
Duration and Participants
Programme will run for four years from 2023 till 2027, in partnership with the French Development Agency (AFD),Kreditanstalt für Wiederaufbau (KfW), the European Union (EU), and the National Institute of Urban Affairs (NIUA).
Components
The programme has three components
firstly,financial and technical support for developing projectsfocused on building climate resilience, adaptation and mitigation in up to 18 smart cities.
Secondly, all states and Union Territories will be eligible for support on-demandbasis. The states will be provided support to
(a) set up/strengthen their existing state climate centres/ climate cells/ equivalents
(b) create state and city-level climate data observatories
(c) facilitate climate-data-driven planning, develop climate action plans and (d) build capacities of municipal functionaries. To achieve these objectives, the Program Management Unit (PMU) at NIUA will coordinate the provision of technical assistance and strategic support to state governments.
And thirdly, interventions at all three levels– Centre, State and City– to further climate governance in urban India through institutional strengthening, knowledge dissemination, partnerships, building capacity, research and development to support scale-up across all States and Cities.
CITIIS 2.0 will supplement the climate actions of Government of India through its ongoing National programs (National Mission on Sustainable Habitat, AMRUT 2.0, Swachh Bharat Mission 2.0 and Smart Cities Mission), as well as contributing positively to India’s Intended Nationally Determined Contributions (INDCs) and Conference of the Parties (COP26) commitments.
The first phase of CITIIS was launched in July 2018 with projects in 12 cities namely Agartala, Amaravati, Amritsar, Bhubaneshwar, Chennai, Dehradun, Hubbali-Dharwad, Kochi, Puducherry, Surat, Ujjain and Visakhapatnam.
Context: Recently Odisha government announced a new initiative, Mo Ghara (My Home) – a credit-linked housing scheme for the rural poor in the state with an aim to convert all kutcha houses into pucca ones.
Benefits of the Scheme
Under the Mo Ghara scheme, a beneficiary can avail housing loan of up to Rs 3 lakh that can be repaid in 10 years in easy instalments excluding one year moratorium period.
The state government will release capital subsidy to the loan account of the beneficiaries on completion of the house.
There will be four slabs of the loan amount. The rates of the subsidy will be Rs 30,000 for a Rs 1 lakh loan, Rs 45,000 for a Rs 1.5 lakh loan, and Rs 60,000 for a loan amount of Rs 2 lakh and Rs 3 lakh.
The subsidy will be Rs 10,000 more across slabs for those belonging to the SC/ST category and for the differently abled
Special features of the scheme
Banks have been asked not to charge any processing fee from beneficiaries.
The government has also waived registration fees and stamp duties required during the mortgage of the title deed to further reduce the financial burden for the beneficiaries.
Who is eligible?
A family staying in a kutcha house or one pucca room with a concrete roof is eligible to get the loan under the Mo Ghara scheme.
Families that have not availed of any government housing assistance or have availed assistance of below Rs 70,000 in the past with a monthly income below Rs 25,000 will also be eligible under the scheme.
Who can’t be a beneficiary?
Families having four-wheelers or any member in government service or irrigated land of five acres or more will not be eligible for the loan.
Context: Kerala Governor Arif Mohammed Khan took exception to the State government’s move to reissue ordinances instead of getting the executive orders ratified by the Assembly.
The government had sent Mr. Khan 11 ordinances for re-promulgation. They included the controversial Kerala Lok Ayukta, 1999, amendment ordinance, and the Kerala Cooperative Societies Act, 2022, amendment ordinance.
In India, the central and state legislatures are responsible for law making, the central and state governments are responsible for the implementation of laws and the judiciary (Supreme Court, High Courts and lower courts) interprets these laws. However, there are several overlaps in the functions and powers of the three institutions. For example, the President has certain legislative and judicial functions and the legislature can delegate some of its functions to the executive in the form of subordinate legislation.
Ordinance making is one such provision which diffuses the line between legislature and executive. They enable the government to take immediate legislative action in desperate times. Article 123 of the Indian Constitution grants the President of India certain Law making powers i.e. to Promulgate Ordinances when either of the two Houses of the Parliament is not in session which makes it impossible for a single House to pass and enact a law. Ordinances may relate to any subject that the parliament has the power to make law, and would be having the same limitations.
But executive (Both central and state) have often misused this power. Nothing epitomises the re-promulgation of the ordinances better than the famous “Bihar case”. Which was about the promulgation of 256 ordinances between 1967 and 1981 in Bihar. This included 11 ordinances that were kept alive for more than 10 years and famously dubbed as ordinance raj.
So instances like these clearly indicate the misuse of legislative powers by the executive which were meant to be used only rarely and under limited circumstances. So in this regard we will understand the following:
Article 123 and Article 213 confers power to promulgate ordinance on the President and the Governor respectively.
Under the Constitution, limitations exist with regard to the Ordinance making power of the executive:
Legislature is not in session: The President can only promulgate an Ordinance when either of the two Houses of Parliament is not in session.
Immediate action is required: The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.
Parliamentary approval during session: Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate. They will also cease to operate in case resolutions disapproving the Ordinance are passed by both the Houses.
Why frequent resorting to Ordinance Route?
Reluctance to face the legislature on particular issues.
Lack of majority in the Parliament.
Repeated and wilful disruption by opposition parties.
Issues
The executive’s power to issue ordinances, goes against the Philosophy of Separation of powers between the Legislature, Executive and Judiciary
It bypasses the democratic requirements of argument and deliberation.
Re-promulgation defeats the constitutional scheme under which a limited power to frame ordinances has been conferred on the President and the Governors.
It poses threat to the sovereignty of Parliament and the state legislatures which have been constituted as primary lawgivers under the Constitution. The Constitution has provided for Separation of Power where enacting laws is the function of the legislature. The executive must show self-restraint and should use ordinance making power only as per the spirit of the Constitution and not to evade legislative scrutiny and debates
Important Cases related to Ordinance
RC Cooper vs. Union of India, 1970: SC held that the President’s decision could be challenged on the grounds that ‘immediate action’ was not required; and the Ordinance had been passed primarily to by-pass debate and discussion in the legislature.
AK Roy vs. Union of India, 1982: SC argued that the President’s Ordinance making power is not beyond the scope of judicial review. Later in case of Venkata Reddy v. State of Andhra Pradesh (1985) Supreme court over ruled its own decision and held that the Satisfaction of the President cannot be called in question.
DC Wadhwa vs. State of Bihar, 1987: SC said that the legislative power of the executive to promulgate Ordinances is to be used in exceptional circumstances and not as a substitute for the law making power. It was examining a case where a state government repromulgated a total of 259 Ordinances and some of them for as long as 14 years.
Krishna Kumar Singh vs. State of Bihar, 2017: Supreme Court held that the failure to place an ordinance before the legislature constitutes abuse of power and a fraud on the Constitution. It makes mandatory for an ordinance to be tabled in the legislature for its approval.
Way forward
In Nagraj Judgment, SC has observed “The power to issue an ordinance is not an executive power but it’s the power of the executive to legislate on the grounds provided for in article 123”.
Context: RecentlyNational Medical Commission (NMC) notified new regulations on the licensing and registration of doctors, which have come in for much criticism from the medical community.
What are the new rules?
Under the new regulation, all registered doctors have to register afresh through a portal of the NMC’s Ethics & Medical Registration Board (EMRB), which is responsible for maintaining the IMR, now renamed National Medical Register (NMR).
Why are the new regulations important?
India does not know exactly how many practising doctors it has. Every year, Parliament is told that ‘x’ numbers are registered in the Indian Medical Registry ( IMR ), but about 20% might have migrated, retired, stopped the practice, never practised, or died.
Under the new regulation, all registered doctors have to register afresh through a portal of the NMC’s Ethics & Medical Registration Board (EMRB), which is responsible for maintaining the IMR, now renamed National Medical Register (NMR).
They will be issued a unique registration number, and the licence will be valid for five years.
With this, India could have an exact count of its practising doctors since anyone not renewing will automatically not be counted as practising in India.
Why are doctors objecting to the new registration process?
Many doctors are registered through the state medical councils. The NMC Act does not give the commission the power to issue a licence for practice. This is done by the state councils.
NMC only maintains the IMR, which is a collection of all state registries. So, doctors are asking why they should re-register through the Central portal.
All registered doctors have been asked to renew their registration within three months. Assuming that only 80% of the 13 lakh-plus doctors registered in the IMR are currently practising in India, over 10. 4 lakh doctors will need to reregister within 90 days from May 10 – an average of about 12,000 registrations per day.
Doctors say they have been put together without enough consultation, so they contain contradictory sections, and provisions that lack clarity, and some of the regulations might be difficult or impossible to implement.
What’s the advantage of registration through a Central portal?
Doctors registering every five years and specifying the state/ states in which they practise will enable better manpower planning by the Centre and the state governments.
Also, the new format asks doctors to give their place of work (name of hospital/institute). This could provide an estimate of doctors in the public and private sectors.
At present, multiple registrations in different state registers make it difficult to enforce disciplinary actions against doctors.
A doctor whose registration is suspended by one state council can continue to practise using the registration number and entry in another registry.
Unique registration numbers are also expected to tackle the menace of fake doctors or those with unrecognised degrees.
People could look up the qualifications of any doctor on the NMC website.
The NMC Act stipulates real-time synchronisation of the national and state registers, which means no waiting for state councils to share/ update the state registries to update the NMR.
What’s the problem with registration through state councils?
State medical councils are set up through state legislation. Hence, their mandate varies between states.
Not all state councils stipulate renewal of registration, and where they do, many doctors do not comply, arguing that the erstwhile Indian Medical Council (IMC) Act, did not mandate such renewal. Hence, medical registries are often not updated.
The IMC Act required the state councils to supply copies of their state registers to the Central Council after April 1 of each year. These were combined to form the IMR.
However, with the state councils having different rules regarding updating the registry, and with one doctor registered in many state registries with different registration numbers, the IMR was plagued with discrepancies.
Even today, many state councils do not share updated registries on time.
Does NMC have the power to grant or revoke a licence?
The NMC Act repeatedly states a medical graduate can be registered “in the state register or the national register, as the case may be”.
But many states mandate registration with their state council for permission to practise.
Interestingly, even in the NMC Act, the list of the commission’s functions does not include granting of a licence to practise, while state councils are defined as being “for regulating the practice and registration of practitioners of medicine in that state or Union Territory”.
Doctors argue that there is no bar on their practising in a state where they are registered even if they are not registered in the NMR.
Will doctors be barred from practising in multiple states?
There’s confusion on this because different sections of the regulations seem to contradict each other.
Under the procedure for seeking a licence to practise medicine, the regulations state: “eligible person may opt any state/states to practise medicine”. This seems to imply that a doctor may register to practise in more than one state.
But their regulations also state that the licence will have a unique identification number that “shall be suffixed with a code of the state/UT concerned”. Here the reference is to a single state or UT.
The section on the transfer of licence again implies a doctor may practise in only one state at a time.
This has worried doctors who practise in more than one state. For instance, many registered in Chandigarh practise in Chandigarh, Haryana and Punjab, and those registered in Delhi might practise in Noida (UP) and/or Gurgaon (Haryana).
During calamities or for short stints doctors might practise in another state and registering each time would be inconvenient.
Why are doctors asking NMC to redraft the regulations after consultations with state medical councils?
Many of the regulations suggested by NMC run counter to what is mandated in the state council Acts.
States have different operational protocols.
Will NMC ensure that all state council laws are harmonised with its new regulations?
Doctors point out that the details of the process for renewal of registration were not spelt out in the draft regulations put out in May 2022 seeking comments from the public.
Context: Recently, The Ministry of Education, in collaboration with Performance Assessment, Review, and Analysis of Knowledge for Holistic Development (PARAKH), hosted the inaugural National-level workshop in New Delhi. The primary focus of the workshop was to address school assessments, examination practices, and the standardization of educational boards nationwide.
What is Performance Assessment, Review, and Analysis of Knowledge for Holistic Development (PARAKH)?
It is a National Assessment Centre(country's first national assessment regulator), which has been set up as an organisation under the National Council of Educational Research and Training (NCERT).
Educational Testing Service (ETS) which conducts key tests such as TOEFL and GRE, has been chosen by the National Council for Education Research (NCERT) for setting up the regulatory platform.
The mandate of PARAKH is to work on bringing the 60 school Boards across States and Union Territories on a common platform.
It will work on three major assessment areas:large-scale assessment like the National Achievement Survey, school-based assessments and thirdly capacity building.
Significance
It aims to set up assessment guidelines for all boards to help remove disparities in scores of students enrolled with different state boards.
There is Diversity in school education in India due to geographic differences and multiple languages. It would bring in the "uniformity" in assessment across the 60 boards in 36 States and Union Territories. This involves harmonising curriculum standards, grading systems, and evaluation methods to bolster the credibility and recognition of certificates and grades obtained across different boards
The benchmark assessment framework will seek to put an end to the emphasis on rote learning, as envisaged by the National Education Policy (NEP) 2020. It will encourage and assist school boards to shift their assessment patterns towards meeting the skill requirements of the 21st century.
It will help tackle the problem of students of some state boards being at a disadvantage during college admissions as compared to their peers in CBSE schools. It will develop and implement “technical standards for the design, conduct, analysis and reporting” of tests at all levels of school education.
It will eventually become the national single-window source for all assessment related information and expertise, with a mandate to support learning assessment in all forms, both nationally and where applicable, internationally.
It will act as a common platform for the interaction of all concerned stakeholders in order to develop a holistic approach that ensures a fair assessment system which promotes equity in performance and equivalence in the assessment of students.
Context: Recently the Union Minister of Home and Cooperation Shri Amit Shah virtually released India’s First “District Good Governance Index”, prepared by DARPG in collaboration with the Government of Jammu & Kashmir.
About District Good Governance Index
It measures the diversity of governance model in the Union Territory of Jammu and Kashmir.
It is inspired by National Good Governance Index, which started in 2021.
Components of Index and their performance
In the Agriculture and Allied Sector – Universal coverage has been achieved in the Kisan Credit Card scheme, Soil Health Card Scheme and Animal Vaccination. Most Districts of Jammu & Kashmir witnessed the growth of Food Grain Production, Horticulture produce, Milk and Meat production, poultry production, and agriculture credit.
Commerce and Industry Sector – improvement is seen in GST registration, MSME units registered online, Credit to Handicrafts and Credit for Self-Employment. There is a 109 per cent increase in credit to handicrafts in the 2019-2021 period.
Human Resources Development Sector – The percentage of Schools with Drinking Water, Separate Toilets and Electricity Facilities have shown an increase as also the percentage of schools with access to computers and the number of children served mid-day meals. In 10 districts 100 percent skill training has been imparted to registered students.
Public Health Sector – Full Immunization represents a significant success story, the percentage of PHC/ Sub-Centers converted to Health & Wellness Centers, and the proportion of Anganwadis with their own buildings have shown improvements.
Public Infrastructure and Utilities Sector – Housing for all scheme indicates more than 50 per cent of sanctioned houses being grounded in 12 districts, Ganderbal and Srinagar achieving 100 per cent access to safe drinking water, 18 districts achieving 100 per cent access to sanitation facilities, improvements in households electrified and construction of all-weather roads.
Social Welfare and Development Sector – 80 per cent of Aadhar seeding of ration cards represents a major milestone.
Financial Inclusion Sector – Financial inclusion under Jan Dhan Yojana has achieved universal coverage, and financial support under self-employment schemes has also registered double-digit growth.
Judicial and Public Safety Sector – disposal of court cases has gone up significantly.
Citizen-Centric Governance Sector – tremendous momentum in government offices converted to e-Office, almost 100 per cent progress in grievance redressal and significant increases in government services provided online.
Context: Chief Justice of India D.Y. Chandrachud said the independence of judiciary depends on the freedom of each and every individual judge to function in office without the pulls of political pressure, social compulsions, and inherent bias.
“The independence of the Supreme Court is integral to the maintenance of a democratic way of life and rule of law. It is not very difficult for a nation which is a democracy having a Constitution to slip into chaos, into just the opposite of democracy,” Justice Joseph said.
Syllabus:
General Studies- II: Governance, Constitution, Polity, Social Justice and International relations:
Rule of Law and its relation with Independence of Judiciary?
It would be appropriate to discuss the views of Dicey, as he is known to be the main exponent of the concept of rule of law.
According to Dicey’s theory, rule of law has three pillars based on the concept that “a government should be based on principles of law and not of men”, these are-
Supremacy of Law;
Equality before the Law; and
Predominance of Legal spirit.
According to Dicey, for the prevalence of the rule of law there should be an enforcing authority and that authority he found in the courts. He believed that the courts are the enforcer of the rule of law and hence it should be free from impartiality and external influence.
The rule of law provides two basic protections against arbitrary or discriminatory government action.
It provides that the rule applied to a particular case must be reasonably predictable.
And it provides that the rule must be predictable without regard for the identity of the parties.
Judicial independence ensures, in particular, that judges are free to conclude that actions taken, or decisions made by the Government (or even by others) are in breach of the law, and that they are in particular in breach of individual's rights, including of course their fundamental, or human, rights - and to decide on the appropriate remedy.
Why the Judiciary needs to be Independent?
Independence of Judiciary is sine qua non of democracy. In a democratic polity, the supreme power of state is shared among the three principal organs. The constitutional task assigned to the Judiciary is no way less than that of other functionaries, legislature and executive.
Indeed it is the role of the Judiciary to carry out the constitutional message and it is its responsibility to keep a vigilant watch over the functioning of democracy in accordance with the dictates, directives, and imperative commands of the constitution by checking excessive authority of other constitutional functionaries.
Our Constitution does not strictly adhere to the doctrine of separation of powers but it does provide for distribution of power to ensure that one organ of the government does not trench on the constitutional powers of other organs.
The concept of distribution of powers assumes the existence of judicial system free from external as well as internal pressures. Under our constitution, the Judiciary has been assigned the onerous task of safeguarding the fundamental rights of our citizens and upholding the Rule of Law. Perhaps the most important power of the Supreme Court is the power of judicial review.
Judicial Review means the power of the Supreme Court (or High Courts) to examine the constitutionality of any law if the Court arrives at the conclusion that the law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable. The term judicial review is nowhere mentioned in the Constitution.
However, the fact that India has a written constitution and the Supreme Court can strike down a law that goes against fundamental rights, implicitly gives the Supreme Court the power of judicial review. Together, the writ powers and the review power of the Court make judiciary very powerful. In particular, the review power means that the judiciary can interpret the Constitution and the laws passed by the legislature.
Many people think that this feature enables the judiciary to protect the Constitution effectively and also to protect the rights of citizens. The practice of entertaining PILs has further added to the powers of the judiciary in protecting rights of citizens.
Since the courts are entrusted the duty to uphold the constitution and the laws, it very often comes in conflict with the state when it tries to enforce orders. Therefore, the need for an independent and impartial Judiciary manned by persons of sterling quality and character, underlying courage and determination and resolution impartiality and independence who would dispense Justice without fear or favor, ill will or affection, is the cordial creed of our constitution and a solemn assurance of every Judge to the people of this great country.
The Judiciary cannot remain a mere bystander or spectator but it must become an active participant in the judicial process ready to use law in the service of social justice through a proactive goal oriented approach. But this cannot be achieved unless we have judicial cadres who share the fighting faith of the constitution and are imbued with constitutional values.
Judicial independence ensures, in particular, that judges are free to conclude that actions taken, or decisions made by the Government (or even by others) are in breach of the law, and that they are in particular in breach of individual's rights, including of course their fundamental, or human, rights - and to decide on the appropriate remedy.
Independence of Indian Judiciary
The constitution of India adopts diverse devices to ensure the independence of the judiciary in keeping with both the doctrines of constitutional and Parliamentary sovereignty.
Elaborated provision are in place for ensuring the independent position of the Judges of the Supreme Court and the High Courts.
Firstly, the judges of the Supreme Court and the High Courts have to take an oath before entering once that they will faithfully perform their duties without fear, favour, affection, ill-will, and defend the constitution of India and the laws. Recognition of the doctrine of constitutional sovereignty is implicit in this oath.
Secondly, the process of appointment of judges also ensures the independence of judiciary in India. The judges of the Supreme Court and the High Courts are appointed by the President. The constitution of India has made it obligatory on the President to make the appointments in consultation with the highest judicial authorities. He, of course, takes advice of the Cabinet. The constitution also prescribes necessary qualifications for such appointments. The constitution tries to make the appointments unbiased by political considerations.
Thirdly, the Constitution provides for the Security of Tenure of Judges. The judges of the Supreme Court and the High Courts serve “during good behavior” and not during the pleasure of the President, as is the case with other high Government officials. They cannot be arbitrarily removed by the President. They may be removed from office only through impeachment. A Judge can be removed on the ground of proved misbehavior or incapacity on a report by both Houses of the Parliament supported by a special majority.
Fourthly, the salaries and allowances of judges are charged upon the Consolidated Fund of India. Further, the salaries and allowances of Judges of Supreme court and High courts cannot be reduced during their tenure, except during a financial emergency under Article 360 of the Constitution.
Fifthly, the activities of the Judges cannot be discussed by the executive or the legislature, except in case of their removal.
Sixth, the retirement age is 65 years for Supreme Court judges and 62 years for High court judges. Such long tenure enables the judges to function impartially and independently.
Independence of judiciary and rule of law are the basic features of the Constitution and cannot be abrogated even by constitutional amendments as observed by the Hon’ble Supreme Court in S.P. Gupta v Union of India; AIR 1982.
Certainly, let's expand on each of the mentioned aspects concerning threats to judicial independence in India:
Retirement Age (Different for HC and SC Judges): The disparity in retirement ages for judges of the High Court (HC) and the Supreme Court (SC) can create a situation where judges might be influenced by the prospect of elevation to the higher court before reaching the retirement age. This could potentially compromise their independence as judges may be tempted to make decisions that align with the preferences of those in power.
Post-Retirement Appointments: The practice of judges accepting post-retirement appointments, especially in government commissions, tribunals, or other quasi-judicial bodies, raises concerns about potential conflicts of interest. Judges may be inclined to rule favorably for the government during their tenure in the hope of securing a lucrative post-retirement position, impacting their impartiality.
Appointment of Chief Justice of India: The appointment process of the Chief Justice of India (CJI) has faced criticism for lacking transparency. The influence of the executive and political considerations in the appointment process may compromise the independence of the judiciary, as the CJI plays a crucial role in determining the course of the judicial system.
CJI as Master of the Roster: The CJI being the master of the roster implies that they have the authority to allocate cases to different benches of the court. This power, if not exercised judiciously, can lead to the manipulation of cases to favor certain outcomes or to assign cases selectively. Such discretion can be a potential threat to the impartiality of the judicial system.
The Collegium System: The Collegium system, while intended to safeguard judicial independence, has faced criticism for being opaque and lacking accountability. The process of appointment and transfer of judges through the Collegium system might be susceptible to external pressures, potentially compromising the independence of the judiciary.
Judicial Delays: Prolonged delays in the disposal of cases can undermine public confidence in the judiciary. The backlog of cases can be exploited by powerful individuals or entities to their advantage, and the perception of delayed justice might impact the credibility of the judiciary, thereby affecting its independence.
Code of Conduct for Judges: While a code of conduct for judges exists, the effectiveness of its enforcement is crucial. Weak enforcement mechanisms can render the code toothless, allowing judges to engage in misconduct without facing adequate consequences, thus jeopardizing the integrity of the judiciary.
Code of Ethics for Judges: The code of ethics is essential for maintaining the ethical standards of judges. However, the absence of a comprehensive and enforceable code, along with potential loopholes, may create opportunities for unethical behavior. This can undermine public trust and confidence in the judiciary.
The constitution provides for a judiciary, which is independent. Independence of judiciary is important for the purpose of fair justice. There should be no interference by the legislature or the executive in the proceedings of the judiciary so that it may pass a judgment that seems reasonably fair. In case of intervention, there may be an element of bias on the part of the judges in taking a fair decision. It is difficult to suggest any other way to make the Indian courts more self-reliant and keep them away from the influence of the other two organs.
Context: A five judge bench of the Supreme Court upheld the amendments made by Tamil Nadu, Maharashtra and Karnataka to the Prevention of Cruelty to Animals (PCA) Act of 1960. These amendments allowed the bull taming sports like Jallikattu, Kambala and bullock cart races.
What is Jallikattu?
Jallikattu is a traditional bull-taming sport that is primarily practiced in the Indian state of Tamil Nadu. The word "Jallikattu" is derived from the Tamil words "Jalli" (meaning gold or silver coins) and "Kattu" (meaning a bundle). The sport involves the running of bulls in an open field, and participants attempt to grab the bull's hump and hold on to it for a certain distance or time to win prizes, which are usually tied to the bull's horns.
What is the controversy surrounding Jallikattu?
Controversy surrounding Jallikattu stems from concerns related to animal welfare and the treatment of the bulls involved.
Animal rights activists argue that the sport inflicts unnecessary harm and cruelty on the bulls.
They claim that the bulls are often subjected to physical abuse, including being prodded, poked, and harassed by the participants, which can lead to injuries and distress.
Activists also highlight instances where the bulls are reportedly force-fed alcohol or chili powder to agitate them before the event.
How the Supreme Court has seen this case so far?
In 2014,the Supreme Court of India banned Jallikattu, citing animal welfare concerns. The court observed that the bulls used in the sport are often subjected to unnecessary pain and suffering.
The ban sparked protests in Tamil Nadu, where Jallikattu is deeply rooted in the cultural and social fabric. Supporters of Jallikattu argue that it is an integral part of Tamil tradition and should be preserved as a cultural heritage.
They claim that proper regulations and safeguards can be implemented to ensure the welfare of the animals without completely banning the sport.
The controversy surrounding Jallikattu intensified in 2017 when widespread protests erupted in Tamil Nadu against the ban. The protests gained momentum, with people demanding the revival of the sport and a reversal of the court's decision.
Eventually, in 2017, the Tamil Nadu government passed an amendment to the Prevention of Cruelty to Animals Act, which exempted Jallikattu from the ban and allowed its practice under certain regulations. This move received mixed reactions, with some celebrating it as a victory for tradition and others expressing disappointment over what they perceived as a compromise on animal welfare.
What happened after the 2014 ban by the Supreme Court?
The Supreme Court over-ruled its 2014 judgement, which had essentially outlawed sports like Jalikattu, Kambala and Bullock Cart race.
In 2017, the Tamil Nadu government amended the PCA act thereby allowing jallikattu in the state. The state government sought exemption on grounds to preserve the cultural heritage of Tamil Nadu and to ensure survival and well-being of native breeds of bulls.
Following the Tamil Nadu, Karnataka government amended the PCA Act in Jan- 2017 to pave the way for Kambala.
In July-2017, Mahrashtra government also followed the suit.
What is the latest Supreme Court judgement all about?
Tamil Nadu Amendment Act is not a piece of colourable legislation.
2017 amendment act minimises cruelty to animals in the concerned sports.
The sports will not come under the definition of cruelty defined in the 1960 Act.
2017 amendment does not violate Article 51-A (g) and 51-A(h), which imposes duties of Indian citizen to protect the environment and develop scientific temper.
The amendment does not violate Article 14 and 21.
What is doctrine of colourable legislation?
The doctrine of colourable legislation is a legal principle used to determine the constitutional validity of a law or legislation. It refers to a situation where a law appears to be valid on its face, but its true purpose is to circumvent constitutional limitations or deceive the courts or the public.
The term "colourable" means something that appears to be true or genuine but is, in fact, false or deceptive. In the context of legislation, it refers to a law that is enacted under the pretense of exercising a valid legislative power, but its actual purpose is to achieve an unconstitutional objective.
What is Kambala?
Kambala is a traditional sport that originated in the southern coastal region of Karnataka, India. It is a form of buffalo racing that has been practiced for centuries in rural communities.
Kambala is usually held in the months of November to March during the harvest season.
In Kambala, two buffalo racers called "jockeys" run through a muddy paddy field while holding onto a wooden plow. The jockeys are typically barefoot and are often seen wearing colorful attire.
The buffaloes used in the race are specially bred and trained for this purpose. They are typically guided by the jockey, who tugs at the plow to urge the buffaloes to run faster.
Kambala is not only a sporting event but also a significant cultural celebration in the region. The races are often accompanied by traditional music and dance performances, and the entire community comes together to participate in the festivities. Kambala is seen as a way to honor and showcase the agricultural heritage of the region.
What is Bullock Cart race festival of Maharashtra?
Bullock cart racing starts from November and lasts till May.
It is a cultural activity and popular amongst farming community in Alibag Taluka in Maharashtra.
Local Bullock art owners and farmers arrange this race mostly in their villages. Bullock cart owners pay obeisance to Shri Nageshwar during Vaikunth Chaturdashi Yatra at Awas.
The Maharashtrian version of bullock cart racing was known as Bailgada Sharyat, a 450-year-old tradition of the farmers of Konkan, western Maharashtra and Marathwada.
These cattle races formed an integral part of the Jatras or village fairs that were held between Makar Sankranti and the Monsoon months, a time when the farmers were not busy in the fields.
The money that is raised by the races is utilized for the betterment of the village and for the renovation of the local temples. In this manner, cattle racing in India is an adventure sport that also helped to raise funds for social causes.
