Context: A recent case study by Oxford titled ‘From Gridlock to Growth: How Leadership Enables India’s PRAGATI Ecosystem to Power Progress’, has spotlighted PRAGATI (Pro-Active Governance and Timely Implementation) as a game-changer in India’s digital governance landscape.
About PRAGATI:
PRAGATI (Pro-Active Governance and Timely Implementation) is a multi-modal interactive platform launched in 2015.
It is aimed at addressing grievances of citizens and simultaneously monitoring and reviewing important programmes and projects of the Government at Centre & State level.
It is a robust system for bringing e-transparency and e-accountability with real-time presence and exchange among the key stakeholders.
It combines leadership with video conferencing, geo-spatial technology (drone feeds), and digital data management to enable oversight of critical infrastructure.
Active Oversight: Direct involvement of the Prime Minister ensures consistent monitoring and resolution of delays. It also encourages urgency and accountability among bureaucrats, engineers and key stakeholders.
Digital tools for Project Management: Integrates video conferencing, drone feeds, and data management for effective oversight enabling transparent tracking of progress and bottlenecks faced in the project.
Collaboration at various Government levels: Encourages cooperation between central and state governments, various stakeholders promoting cooperative federalism.
Efficiency and Accountability: Promotes swift resolution of project delays and resolves bureaucratic hurdles at the top level.
Role model for Platforms: It has inspired creation of platforms like PM Gati Shakti (geospatial planning) and PARIVESH (streamlined environmental clearances) and created a comprehensive digital ecosystem for infrastructure development.
Economic Impact: RBI studies have shown that every ₹1 spent on infrastructure yields a ₹2.5-3.5 gain in GDP, thus it will support India’s growth towards becoming the third-largest economy by 2027.
Success Stories:
Completion of Long-Delayed Projects: National Highway 8 (Maharashtra), Chenab Bridge (Jammu and Kashmir), Bogibeel Bridge (Assam): Completed within 3 years after a decade of stagnation.
Accelerated Social Development Programs: Improved rural electrification and provision of tap water connections to millions of households.
Reduced delays in infrastructure and environmental clearances: PARIVESH reduced clearance times from 600 days to 70-75 days.
Context: Recently, President Droupadi Murmu released a report titled “Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion”. One of the significant recommendations in the report was electronic tracking of prisoners to prevent overcrowding of prisons. In this context, let us understand about prison reforms in India.
Relevance of the Topic: Mains- Criminal Justice delivery system, Prison reforms
“What should our jails be like in free India? All criminals should be treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure. No one commits crime for the fun of it. It is a sign of a diseased mind. The causes of a particular disease should be investigated and removed. -- Mahatma Gandhi
Prisons in India:
The Prisons Act 1894 defines Prison as:
“Prison” means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include:
any place for the confinement of prisoners who are exclusively in the custody of the police.
any place specially appointed by the State Government
any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.
Prisons in India exist at three levels:
Taluk level
Sub jail
District level
District jail
Zonal/Range level
Central jail
Issues faced by the prisons in India:
1. Overcrowding: Occupancy rate means number of inmates staying in jails against the authorised capacity for 100 inmates.
The overall occupancy rate of Indian prisons has decreased from 140% in 2007 to 131% in 2022. However, despite such a decline, even today the Indian prisons are overcrowded.
Occupancy Rate for transgenders is the highest at 636.4%.
The average occupancy rate of 118%, close to 21 states and UT have an occupancy rate of more than 100% out of which there are 9 states & UT whose occupancy rates hover above 120%.
2. Prisons Dominated by the Undertrials: As per Prison Statistics India 2020 Report, 75% of the prisoners are undertrials, the number of undertrial prisoners has increased by 11.7% from 2019. Highest Number of Undertrials lodged in District Jail (50%), followed by Central Jails (36.1%) and Sub Jails (11.9%)
3. Unnatural deaths in prison: Increased instances of unnatural deaths, including suicide, murder by inmates, death due to assault by outside elements, due to firing, due to negligence, accidental deaths inside prison, etc.
Prison Statistics Report 2020 - Among 189 unnatural deaths in prisons, Suicide (156) was the predominant cause followed by Accidental Deaths (8), Murder by Inmates (8) etc.
4. Understaffing of the Prisons: As per Prison Statistics Report 2020, sanctioned strength of jail-staff was 87,961 while the actual strength was 61,296 as on 31st December 2020, due to vacancies not being filled up.
5. Judicial Backlogs: As of May 2022, over 4.7 crore cases are pending in courts, across different levels of the judiciary (maximum of them in subordinate courts, followed by High Courts). So, there is a need to reduce Disposal time for cases and better Case Clearance Rate (CCR). Both Disposal Time and CCR can be bettered by appointing more Judges in District & Subordinate Courts, High Courts, and Supreme Court.
6. Systemic Discrimination: There is rampant corruption in the prison system which results in discrimination based on the economic situation of a prisoner. Socio-economically disadvantaged prisoners are deprived of basic human dignity and often subject to cruel torture.
7. Poor physical and mental Health: In prison the problem of overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of decent health care, increase the likelihood of health problems. Further, mental health care has negligible focus in Indian prisons.
8. Lack of reformative approach: Absence of reformative approach in the Indian prison system has not only resulted in ineffective integration with society, but also has failed to provide them productive engagement opportunities after their release.
Steps to be taken to improve Conditions of Prisons:
1. Effective implementation of New Prison Manual 2016:
MHA has approved the New Prison Manual 2016 based on Article 39A of the Constitution which calls for free legal aid to the poor and weaker sections and seeks to ensure justice for all.
It aims at uniformity in laws, rules and regulations governing administration of prisons and management of prisoners across India.
Guidelines to be followed as per Prison Manual 2016 includes:
Under Trial Review Committee to be set up in each district
Earliest release of under trials as per the provision of law
Empaneling competent lawyers for the under trials and appointment of jail visiting advocates
Setting up a legal aid clinic in every prison
Improvement in the living conditions of jails specially for women
Management Information System to be in place in all jails
Legal literacy classes in prisons
Annual review of the implementation of the Model Prison Manual 2016.
2. Modernisation of Prisons scheme:
Launched in 2002-03 with the objective of improving the condition of prisons, prisoners, and prison personnel. Various components included construction of new jails, repair and renovation of existing jails, improvement in sanitation and water supply etc.
3. Implement E-Prisons Project:
Prison is a State subject and modernisation of prisons is undertaken by respective State Governments.
MHA supports the States/UTs in implementing the E-Prisons project that aims to introduce efficiency in prison management through digitisation.
The E-prisons project supplements the Prisoner Information Management system (PIMS), developed by National Informatics Centre, which provides a centralized approach for recording and managing prisoner information and generating different kinds of reports.
The PIMS records Prisoner’s Basic Details, Family Details, Biometrics (fingerprint), Photograph, Medical Details, Prisoner Case History, Prisoner Movements, Punishment details etc. The availability of these details on an electronic platform will be useful to track the status of prisoners and smooth functioning of the prison system.
National Legal Services Authority had launched a web application in 2017 to facilitate undertrial prisoners for providing them free legal services.
4. Some Under-trials should be released on Bail:
In 2017, 268th the Law Commission of India had recommended that under trials who have completed one third of their maximum sentence for offences attracting up to seven years of imprisonment be released on bail.
5. Set up Special Courts:
Special fast-track courts should be set up to deal exclusively with petty offences which have been pending for more than five years. Such fast-track Courts can hear petty offences where imprisonment for an offence does not exceed 3 years.
6. Capacity building of Prison staff:
The Supreme Court, in September 2017, has directed that there should be proper training for senior prison staff on how to treat and deal with inmates.
7. Skill development of the prisoners:
Skill Development will ensure the livelihood of prisoners once they are released and facilitate their integration with society.
Wages that are paid to prisoners who are serving sentences should be increased and should be on par with global benchmarks.
8. Open prisons should be encouraged: (special Jails that exclusively confine only convicted prisoners)
Convicted Prisoners with good behaviour who satisfy certain norms prescribed in the prison rules are lodged in open prisons. Minimum security is kept in such prisons and prisoners are engaged in agricultural activities.
9. Implement recommendations of All India Jail Reforms Committee - Mulla committee:
National Prison Commission to oversee the modernisation of the prisons in India.
Putting a ban on clubbing together juvenile offenders with the hardened criminals in prison and enacting a comprehensive and protective legislation for the security and protective care of delinquent juveniles.
10. Using Information and Communication Technology:
Trials through video conferencing should be encouraged.
FASTER (Fast and Secured Transmission of Electronic Records) system introduced by Supreme Court to resolve delay in communication of bail orders from courts to prison.
11. Implement ‘Model Prisons Act, 2023’: It aims at reforming prison management and ensuring the transformation of inmates into law-abiding citizens and their rehabilitation in society.
It also lays emphasis on the safety of women & transgender prisoners and brings about transparency in prison management.
It focuses on vocational training and skill development of prisoners and their reintegration into the society.
12. Caste-based division of labour in prisons ‘unconstitutional’:
In 2024, Chief Justice DY Chandrachud led bench said that assigning the work of cleaning and sweeping to marginalised castes and “allowing the high castes to do cooking directly discriminates... an instance of direct discrimination under Article 15(1)” of the Constitution.
13. Electronic tracking of Prisoners:
Model Prison and Correctional Services Act, 2023 has introduced the use of electronic monitoring technology as a condition for granting prison leaves for prisoners, it will further ensure:
Decongestion of prisons: Reduced incarceration numbers while ensuring oversight.
Cost-effectiveness: It will cut expenses associated with maintaining high incarceration rates. (E.g., Odisha spends roughly 1 lakh/year/undertrial prisoner)
Rehabilitation incentives: It will encourage good conduct by linking it with parole or furlough opportunities.
International best practice: Used by countries like the US and UK.
Concerns:
There are concerns associated with electronic tracking like social stigma, creating an oppressive environment outside the prison especially for SC/ST communities which constitute 68% of prisoners.
In one of such cases, SC has stated that “The investigating agency cannot be permitted to continuously peep into the private life of the accused enlarged on bail”.
The Parliamentary Standing Committee in 2023, while advocating for the cost benefits of electronic monitoring, has noted that such measures must only be taken with the consent of the inmate in question.
Conclusion: Prison administration is an important component of the criminal justice system. Continuous steps should be taken by prison administration to improve the conditions of prisons in India and to work towards behavioral change of convicts and undertrials.
Context: The Ministry of Electronics and Information Technology (MeitY) is exploring the idea to establish an AI Safety Institute (AISI) in Indiaunder the IndiaAI Mission.
Relevance of the Topic: Prelims: Key facts about AI Safety Institute (once it is established); Global Partnership on AI (GPAI) initiative; Bletchley Declaration; IndiaAI Mission.
Major Highlights:
In recent years, India has displayed leadership in developing a robust Artificial Intelligence ecosystem and AI governanceat the G20 and the Global Partnership on AI (GPAI) initiative.
India needs to consider setting up its own globally assimilated, but locally driven, AI institute to create an ecosystem for cutting-edge AI innovation, access, and safety, as outlined in the Bletchley Declaration.
Bletchley Declaration:
Bletchley Declaration is a global agreement on the responsible development of AI.
Aim: Enhance global cooperation on artificial intelligence (AI) safety by identifying AI-related risks and developing collaborative policies for mitigation of these risks.
It was signed by the 28 countries & EU at the AI Safety Summit, UK, in November 2023.
Important signatories: India, China, the US, the UK, European Union etc.
What is AI Safety?
AI safety refers to practices and principles that help ensure AI technologies are designed as responsibly as possible tobenefit humanity and minimize any potential harm or negative outcomes. It includes:
Ethical design of algorithms
Ensuring data privacy and security of individuals and organisations
Identifying potential AI risks (such as bias, data security, vulnerability to external threats) and developing AI safety measures for risk mitigation.
Scope of AI Safety Institute:
Advocate responsible AI deployment adapting to the unique needs of industries such as healthcare, finance, and logistics etc.
Facilitate proactive information sharing without being a regulator.
Assess the risk to public safety from frontier AI models by leveraging multi-stakeholder consortiums and partnerships.
Improve government capacity and mainstream the idea of external third-party testing and risk mitigation and assessment.
Deliver insights which can transform AI governance into an evidence-based discipline.
Structure of AI Safety Institute:
Standardisation Agency: AISI should be a technical institution that operates exclusively as a technical research, testing, and standardisation agency which sets standards for AI safety. It should be independent from rulemaking and enforcement authorities.
Advisory role of AISI: AISI’s role should not be limited to safety testing and standard-setting but should also be advisory in nature, helping policymakers and the private sector understand and mitigate the socio-technical risks AI poses. The institute could champion perspectives on risks relating to bias, discrimination, social exclusion, gendered risks, labour markets, data collection and individual privacy.
Multi-stakeholder collaboration: In collaboration with a broad range of stakeholders (including startups, large enterprises, academic institutions, civil society organizations, and government bodies), AISI should work closely to develop and disseminate industry best practices, responsible AI use guidelines, and advocate the importance of responsible AI practices across sectors.
Scalability and Global Engagement: AISI should collaborate with governments and stakeholders from across the world. Shared expertise will be essential to keep up with AI’s rapid innovation trajectories and help in scaling the capabilities of AI.
The AI Safety Institute would help India become a global steward for forward-thinking AI governance which embraces many stakeholders and government collaboration. AISI can demonstrate India’s scientific temper and willingness to implement globally compatible, evidence-based and proportionate policy solutions.
Context: The state government of Odisha has proposed to enact a new state law with stringent provisions to check cheating and other malpractices in the public examinations. At the national level, the Public Examinations (Prevention of Unfair Means) Act, 2024 seeks to address similar challenges.
Relevance of the topic:
Prelims: Key provisions of Public Examinations (Prevention of Unfair Means) Act, 2024.
Major Highlights:
Odisha’s state Anti-cheating bill proposes a jail term of three to five years and a fine of up to ₹10 lakh for anyone who uses unfair means.
Service providers can also be punished with a fine of up to ₹1 crore. They may also be required to pay the proportionate cost of the exam and be barred from conducting any public exams for four years.
The Public Examinations (Prevention of Unfair Means) Act, 2024:
The Public Examinations (Prevention of Unfair Means) Act, 2024 is the first-ever national law enacted against unfair means in public examinations.
The Act defines public examination as any examination conducted by the public examination authority as specified in the Act or notified by the Central government.
Public examination authority mentioned in the Act:
Union Public Service Commission
Staff Selection Commission
Railway Recruitment Board
Institute of Banking Personnel Selection
Ministries or Departments of the Central Government and their attached and subordinate offices for recruitment of staff
National Testing Agency
Any such authority which may be notified by the Central Government.
Objective of the Act:
To enhance transparency, fairness, and trust in public exams, ensuring sincere efforts are rewarded and youths' futures secured.
To ensure effective legal deterrence to persons, organised groups or institutions that indulge in various unfair means and adversely impact the public examination systems for monetary or wrongful gains.
Unfair means:
The Act defines at least 15 actions as “unfair means” which include:
theft of examination materials or their leakage to the candidates
cheating or assisting the candidates in any way
corrupting computer setup or resources
foul play in the process of shortlisting or ranking of the candidates
conducting fraudulent exams and issuing fake admit cards or offer letters for financial gain
tampering with answer sheets or examination records.
Punishment:
All offenses shall be cognizable, non-bailable and non-compoundable.
Penalties:
The Act provides severe penalties for offenders including up to five years in prison and a fine of up to Rs 10 lakh.
In case the service provider is involved, it shall be liable to be punished with imposition of a fine up to One Crore rupees and proportionate cost of examination shall also be recovered from such service provider.
Investigations: The Act mandates that offenses will be investigated by officers at the rank of Deputy Superintendent of Police or Assistant Commissioner of Police or higher.
Challenges addressed by the Act:
Provides comprehensive legal framework: Prior to the Public Examinations (Prevention of Unfair Means) Act, 2024, there was no specific law to address unfair practices in the conduct of Central Government examinations.
Institutional Accountability: Instances of paper leaks and cheating have caused delays and cancellations of exams, thus eroding public confidence in recruitment systems. (An investigation found at least 41 instances of paper leaks in 15 states over the last five years) The Act seeks to address malpractices in public examinations and enforces penalties on service providers, ensuring institutional responsibility for exam integrity.
Limitations of the Act:
The Act does not cover exams conducted at the state level or by universities and state education boards, unless especially notified by the Central Government. This leaves a regulatory gap, as state-level examinations are equally vulnerable to malpractices.
The Act's success depends on several factors, including its effective implementation and robust monitoring.
Context: In its 75 year journey, the Constitution of India has been amended almost 125 times. The ability to amend its provisions has proved to be its strength. This has avoided rigidity and enabled it to adapt to the changing needs of a diverse society, in this context, let us understand the process of amending the constitution.
Mains: How has the amendment protected the core values of the Constitution?
Just like any other written Constitution, the Constitution of India also provides for its amendment in order to adjust itself to the changing conditions and needs. However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in the USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case' (1973).
Procedure For Amendment
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
After duly passed by both the Houses. of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.
The president must give his/her assent to the bill. He/she can neither withhold his/ her assent to the bill nor return the bill for reconsideration of the Parliament. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his/her assent to a constitutional Amendment Bill.
After the president's assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.
Types of Amendments
Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. Therefore, the Constitution can be amended in three ways:
Amendment by simple majority of the Parliament,
Amendment by special majority of the Parliament, and
Amendment by special majority of the Parliament and the ratification of half of the state legislatures.
By Simple Majority of Parliament: Several provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries, or names of existing states.
By Special Majority of Parliament: The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression 'total membership' means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees. Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
The provisions which can be amended by this way includes:
All other provisions which are not covered by the first and third categories.
By Special Majority of Parliament and Consent of States: Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent. of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:
Representation of states in Parliament. 8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Through this amendment process, Parliament has protected the Core values mentioned in Preamble, Fundamental rights and Directive Principles in following ways:
Abolition of Zamindari System: The 1st Constitutional Amendment (1951) abolished the zamindari system, ensuring land reforms and redistribution to marginalised farmers, thus promoting equity.
Reservations for Marginalised Sections: Various amendments, such as the 1st, 93rd, and 103rd Constitutional Amendments, introduced and expanded reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Economically Weaker Sections (EWS) in education and employment.
Institutional Support for SC/ST Communities: The 65th and 89th Constitutional Amendments established the National Commission for SCs and STs, providing an institutional mechanism for addressing issues faced by these communities.
Promoting Political Accountability:
Anti-Defection Law: The 52nd Constitutional Amendment (1985) introduced the anti-defection law to curb political corruption by preventing elected representatives from switching parties for personal gain.
Limitation on the Size of Cabinets: The 91st Constitutional Amendment (2003) imposed restrictions on the size of both central and state cabinets, ensuring political accountability and fiscal discipline.
Democratic Decentralisation
Strengthening Local Governance: The 73rd and 74th Constitutional Amendments (1992) gave constitutional status to Panchayats and Urban Local Bodies (ULBs), promoting grassroots democracy and realising the Directive Principles of State Policy (DPSP). This move empowered local governments and enhanced public participation in decision-making.
The 101st Constitutional Amendment (2016) created the Goods and Services Tax (GST) Council, simplifying the taxation structure and promoting economic justice by ensuring uniform tax laws across the country.
Abrogating Special Provisions for Jammu & Kashmir- Article 370:
The abrogation of Article 370 in 2019 has marked a historic moment, removing special autonomy for Jammu & Kashmir and integrating the region more fully into the Indian Union, paving the way for equitable development.
At the same time, the doctrine of basic structure has guaranteed that our Constitution will certainly endure and adapt for the coming times, and it is up to the elected governments at the Centre and the States to work towards attaining the noble objectives set out in the constitution under the Preamble and Directive Principles without compromising on the Fundamental Rights of its citizens.
Context: An app developer from Delhi has created a ripple on social media after he registered the JioHotstar domain before the recently announced merger between JioCinema and Disney+Hotstar. The developer attempted to sell the domain to Reliance Industries in exchange for them funding his education abroad. However, his actions invite a potential legal action against him from Reliance industries under cybersquatting.
What is cybersquatting?
Cybersquatting is a practice where the perpetrator buys or registers a domain name that is identical to a brand (recognisable trademark), company name, or personal name in order to profit from them.
Cybersquatting is a form of cybercrime because of the bad faith intent of the squatter. Due to its nature, domain squatting can be considered a form of trademark infringement.
Types of cybersquatting:
Image source: Wallarm
Typosquatting: Typosquatting (a.k.a URL hijacking) targets Internet users who enter a website address incorrectly into their browser. It is the practice of profiting from possible typing errors, for example, typing “Raddif.com” instead of “Reddif.com.”
Identity Theft: Identity theft describes crimes where someone unlawfully obtains and uses another individual’s private data to involve deception or fraud, usually for financial gain. For example, cybersquatters may buy a domain that was inadvertently not renewed by the previous owner.
Cybersquatters purchase the expired domain and create clone websites of the previous domain owners.
Unsuspecting website visitors are deceived into trusting these fake websites, falsely believing they are accessing the original owner's site. This may lead to potential fraud to the user or to the original company.
Name Jacking: Namejacking involves registration of a domain name associated with names of notable individuals (usually celebrities) to create fake websites or social media profiles. Name jackers profit from web traffic related to the individuals being targeted.
Reverse Cybersquatting: Reverse cybersquatting occurs when a trademark owner falsely accuses a domain name's rightful owner of cybersquatting. This tactic aims to intimidate legit domain owners, especially smaller organisations or individuals, to transfer their legitimate ownership of a domain name to avoid legal costs. This practice is often employed by large corporations.
Laws related tocybersquatting in India:
There is no separate/exclusive law to deal with the cases of cybersquatting in India. The cases are dealt under the Trademarks Act, 1999 and the Information Technology Act, 2000.
Remedy of infringement: Under the Trademarks Act of 1999, the remedy of infringement is available to the owner of the trademark, only when the trademark is registered. (In the case above, Jio is a registered trademark of Reliance Industries). The aggrieved party may file a lawsuit in an Indian court on the ground of trademark infringement and assert their rights.
Dispute resolution under Uniform Dispute Resolution Policy (UDRP):
In India, domain disputes like cybersquatting can also be resolved through the Uniform Domain-Name Dispute-Resolution Policy (UDRP) arbitration, managed by World Intellectual Property Organization (WIPO). (India is a member of WIPO)
Indian individuals or businesses can file a UDRP complaint, if a domain name is similar to a trademark in which the complainant holds rights. The UDRP arbitration process provides quick, cost-effective dispute resolution without needing court intervention.
If the complainant can prove bad faith registration and usage of the domain, the domain name can be transferred to them. However, either party, if unsatisfied, has the right to challenge the outcome of UDRP arbitration in an Indian Court.
Remedy under Information Technology Act, 2000 and Indian Penal Code of 1860:
Section 66 of the Information Technology Act, 2000: Section 66 addresses dishonest or fraudulent activities involving computer systems. It penalises anyone who commits any act referred to in Section 43 (e.g., unauthorised access, data damage) dishonestly or fraudulently. Penalties include imprisonment for a term up to three years, a fine up to five lakh rupees, or both.
Forgery under Section 469 of the IPC: A person found forging with the intent to harm the reputation of any party, or knowing that the document forged will be used for that purpose, shall be punished with imprisonment of either description for a term that may extend to three years, as well as a fine.
Context: The Bombay High Court struck down as unconstitutional a key provision of the amended Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU). There is an option of an appeal before the Supreme Court, given that similar issues are pending before the Delhi and Madras HCs too.
The law in question:
In 2023, the Ministry of Electronics and Information Technology (MEiTY) promulgated the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (2023 Rules), which amended the Information Technology Rules, 2021.
The amendment allows the government to constitute a Fact Checking Unit (FCU) under IT (Intermediary Guidelines and Digital Media Ethics Code), Amendment 2023.
The amendment to Rule 3(1)(b)(v) of the IT Rules, 2021 expanded the general term “fake news” to include “government business”. Under the Rules, if the FCU comes across or is informed about any posts that are “fake”, “false”, or contain “misleading” facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned.
The online intermediaries would then have to take down such content if they wanted to retain their “safe harbour” protection under the IT Rules, 2000, that is, legal immunity with regard to third-party content published by them.
Concerns: The Rules raised concerns over free speech and the extent to which the government can regulate it. The FCUs allowed the government to be the “only arbiter” of truth in respect of business concerning itself.
Need for creation of Fact Check Unit (FCU):
The Fact Check Unit has a stated objective of acting as a deterrent to creators and disseminators of fake news and misinformation.
It also provides people with an easy avenue to report suspicious and questionable information pertaining to the Government of India.
The FCU is mandated to counter misinformation on Government policies, initiatives, and schemes either Suo motu or under a reference via complaints.
The FCU will actively monitor, detect, and counter disinformation campaigns, ensuring that false information about the Government is promptly exposed and corrected.
Powers of FCU:
The body will have the authority to label content related to the government on online platforms like Facebook and Twitter as “fake” or “misleading”.
Content flagged by the unit will have to be taken down if they wish to retain their ‘safe harbour,’ which is legal immunity they enjoy against third-party content.
Social media sites will have to take down such posts, and internet service providers will have to block URLs of such content.
Issues with the IT Amendment 2023:
Stand-up comic Kunal Kamra, the Editors’ Guild of India, the News Broadcasters & Digital Association, and the Association of Indian Magazines challenged the constitutional validity of the Rules, terming them arbitrary, unconstitutional, and in violation of fundamental rights.
Violation of IT Act 2000: The fact check unit, notified by the Executive, could effectively issue a takedown order to social media platforms and even other intermediaries across the internet stack, potentially bypassing the process statutorily prescribed under Section 69A of the IT Act, 2000. In addition to circumventing the parliamentary procedures required to expand the scope of the parent legislation, i.e., the IT Act.
Violation of Fundamental Rights: Theamended Rule 3(1)(b)(v) was violative of Articles 14 (equality before law), 19(1)(a) (freedom of speech and expression) and 19(1)(g) (right to practise a profession or trade) of the Constitution. The Rule curtailed the fundamental rights of citizens beyond the reasonable restrictions prescribed under Article 19(2), which was “impermissible through the mode of delegated legislation”.
Vague definitions: Under the Rules, if the FCU comes across or is informed about any posts that are “fake”, “false”, or contain “misleading” facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned. The expressions “fake, false or misleading” in the Rule are “vague and overbroad”.
Against the principle of Natural Justice: The FCU has a unilateral view of what is or is not the ‘truth’, and makes the government the sole arbiter. Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise. The Centre’s claim that decisions given by the FCU can be challenged before a constitutional court “cannot be treated as adequate safeguard”, and therefore, the Rule cannot be saved by reading it down or making a concession of limiting its operation.
Fails the proportionality test: The Rule resulted in a “chilling effect” on the intermediary due to the “threat of losing safe harbour”, and also on the freedom of speech. These notified amendments in 2023 were also in gross violation of the Hon’ble Supreme Court ruling in Shreya Singhal vs. Union of India (2013) which laid down strict procedures for blocking content.
Shreya Singhal vs. Union of India, 2015:
The Shreya Singhal vs. Union of India case is a landmark judgement by the Supreme Court of India that dealt with the constitutionality of certain provisions of the Information Technology Act, 2000.
The key points of the ruling are:
Section 66A of the IT Act: The Court declared Section 66A, which criminalised the transmission of "offensive" or "menacing" content, to be unconstitutional on the grounds that it infringed upon the fundamental right to freedom of speech and expression.
Overbreadth and Vagueness: The Court found that Section 66A was overly broad and vague, as it did not provide clear and definite guidelines for what constitutes "offensive" or "menacing" content. This ambiguity could lead to arbitrary and discriminatory enforcement.
Chill Effect: The Court also noted that Section 66A had a chilling effect on freedom of expression, as people were afraid to express their opinions online for fear of being prosecuted.
Conclusion: Right of citizens to participate in the representative and participatory democracy of the county is meaningless unless they have access to authentic information and are not misled by misinformation. In the Shreya Singhal Case, the Supreme Court has emphasised the need to strike a balance between the right to free speech and the need to regulate online content. While the government has a legitimate interest in preventing the spread of harmful content, such regulations must be reasonable and proportionate to the legitimate aim sought to be achieved.
It keeps a record of the discussions and decision of the cabinet, circulation of memorandum on issues awaiting cabinet approval and circulation of the cabinet decisions to all the ministries.
Preparation and submission of monthly summaries on many specified subjects to the cabinet.
It oversees the implementation of the cabinet decisions by the concerned ministries and other executive agencies.
He is appointed by the Appointment Committee of the Cabinet on the basis of Seniority-cum-merit.
The Cabinet Secretary functions under the leadership of the Prime Minister.
The chief function of the Cabinet Secretary is to aid the council of ministers, ensure inter-ministerial coordination, he deals primarily with cabinet affairs.
Responsible for administration of Government of India (Allocation of Business) Rules, 1961 and Government of India (Transaction of Business) Rules, 1961.
He is the head of the civil service and ensures that the moral of the civil servants remain high. He also acts as a buffer between the politicians and the civil servants and protect the interest of the latter in situations of conflict between the two.
He is also the ex-officio ChairmanofCivil Services Board (CSB).
Context: Union Cabinet has approved the central sector scheme - National Forensic Infrastructure Enhancement Scheme with a total outlay of Rs 2254.43 crores for improving the criminal justice system in India.
About National Forensic Infrastructure Enhancement Scheme
The scheme will be operated by the Union Home Ministry.
The scheme will be a central sector scheme (100% financed by Central Government) with a total outlay of Rs 2254.3 crores.
The scheme will run from 2024-25 to 2028-29.
Components under the scheme:
Establishment of campuses of National Forensic Sciences University (NFSU) in India.
Establishment of Central Forensic Science Laboratories in India.
Enhancement of existing infrastructure of Delhi Campus of NFSU.
Rationale behind the NFIES Scheme
New Criminal laws mandates forensic investigation for offences involving punishment of 7 years or more, which is expected to create a significant increase in the workload of forensic science laboratories. Thus, the scheme will create the required infrastructure to address this increased demand for forensic science professionals and laboratories.
Currently, there is a significant shortage of trained forensic science laboratories in India. The scheme is expected to increase the number of trained forensic professionals in India.
Establishment of additional off-campuses of National Forensic Sciences University (NFSU) and new Central Forensic Science Laboratories would address shortage of trained manpower.
Aims to establish an effective and efficient criminal justice system, based on scientific and timely forensic examination of evidence.
Creation of high quality, trained forensic professionals in the timely and scientific examination of evidence for an efficient criminal justice process, leveraging advancements in technology & evolving manifestations and methods of crime.
Importance of increased reliance on forensics in criminal justice system
Securing an increased conviction rate of more than 90%.
Alleviate case load and pendency.
Prevent miscarriage of justice and correct identification of perpetrators.
Enhanced public trust in the criminal justice system
Restrains the police from employing inhuman techniques like third degree and torture.
Formulating standardised procedures and protocols for evidence collection
Helps to create integrated databases and international cooperation.
Context:The National Testing Agency (NTA) submitted to the Supreme Court that the score cards of 1,563 candidates who were given compensatory marks in the common undergraduate medical entrance examination, NEET-UG 2024, will be cancelled.
About National Testing Agency
Charges against NEET 2024 conducted by NTA:
There have been charges, including the slow distribution of question papers;providing the wrong question paper;wrong OMR sheets; and technical delays.
There have been complaints about the unusually high number of students (67) who hit the perfect score, 720/720.
Other cases pertaining to the question paper leak are still to be heard by the Supreme Court.
Experts and students pointed to how the very idea of starting NEET as a common entrance exam to regulate medical admissions in the country and ensure quality-control of the process would be defeated in the light of all the reported violations.
Need for National Testing Agency
Entrance exams play a key role in admission(s) criteria of various bodies.
Previously, all national entrance exams were conducted by different boards with different members and sometimes there were problems with question paper leakage etc., and therefore, the need was to have one body which organizes all the entrance exams.
To assess competence of candidates for admissions and recruitment has always been a challenge in terms of matching with research based international standards, efficiency, transparency and error free delivery.
The National Testing Agency is entrusted to address all such issues using best in every field, from test preparation, to test delivery and to test marking.
It was established to improve the equity and quality in education by administering research based valid, reliable, efficient, transparent, fair and international level assessments.
The best subject matter experts, psychometricians and IT delivery and security professionals will ensure that the current gaps in existing assessment systems are properly identified and bridged.
NTA is established to create a system which will promote teaching (by teachers), learning (by students) and assessment (by parents and institutions).
To practice these values, NTA will constantly engage with its stakeholders, viz. students, parents, teachers, experts and partner institutions.
National Testing Agency details
An autonomous agency under the Department of Higher Education of the Ministry of Education of India.
Established: 2017
It is a registered society under the Societies Registration Act, 1860.
It is responsible for conducting numerous national-level exams for admission and fellowship in higher educational institutions related to engineering, medicine, management and pharmacy.
Origin:
The roots of the agency can be traced to the Programme of Action 1992, related to the National Policy of Education 1986, which mentioned conducting national-level common entrance tests to professional and non-professional programmes of study.
In 2017, an announcement about the NTA was made in the budget speech, and this was followed by Cabinet approval.
The agency is administered by a governing body which includes a chairperson,a secretary and eight or more officials representing different national level institutes.
The Governing Body is chaired by the Secretary, Department of Higher Education, Ministry of Education.
The Governing Body is responsible for the overall policy and direction of the NTA.
Some of the exams conducted by the NTA every year:
NTA NEET (National Eligibility cum Entrance Test)
CMAT (Common Management Admission Test)
Graduate Pharmacy Aptitude Test (GPAT)
IGNOU PHD OPENMAT (MBA) Exam
Objectives of National Testing Agency:
To conduct efficient, transparent and international standards tests in order to assess the competency of candidates for admission, and recruitment purposes.
To undertake research on educational, professional and testing systems to identify gaps in the knowledge systems and take steps for bridging them.
To identify experts and institutions in setting examination questions.
To produce and disseminate information and research on education and professional development standards.
Functions of National Testing Agency:
To identify partner institutions with adequate infrastructure from the existing schools and higher education institutions which would facilitate conduct of online examinations without adversely impacting their academic routine.
To create a question bank for all subjects using the modern techniques
To establish a strong R&D culture as well as a pool of experts in different aspects of testing
To help individual colleges and universities in the field of testing and to provide training and advisory services to the institutions in India. To provide quality testing services to the academic institutions in India.
To develop a State of Art culture of testing in India by using domestic and international expertise.
To undertake any other examination that is entrusted to it by the Ministries/Departments of Government of India/State Governments.
To undertake the reforms and training of school boards as well as other bodies where the testing standards should be comparable with the entrance examinations.
Context: India is on the path towards Viksit Bharat by 2047. In its journey, India aspires to become a manufacturing hub in the global supply chain, critical exporter of value-added services and mass supplier of human skills to an ageing developed world. In its pursuit, various reforms have been carried out by the government in past 10 years, let us understand the reforms carried out through Mission Karmyogi.
About Mission Karmyogi:
Mission Karmayogi (National Programme for Civil Services Capacity Building) was brought in 2021 to transform India's three million civil servants into citizen centric, future-ready and result-oriented karmayogis.
As part of Mission Karmayogi, the Capacity Building Commission (CBC) was constituted in to provide policy guidance and tools to enhance the capabilities of all levels of India's vast civil services.
Goals of Mission Karmyogi:
Outcomes of improved governance:
Criteria
Past experience
Reformed governance
Infrastructure development
Delayed completion of mega infrastructure like rail freight corridors and national highways was the norm.Delayed inter-ministerial permissions threw many infrastructure projects into a quagmire.
Integrated all legal and geographic layers such as forests, wildlife sanctuaries, roads and railway lines, as well as planning and execution of mega infrastructure projects. "Whole of government" approach where ministries are required to work in a de-siloed manner to achieve national priorities by harmonizing sector-specific perspectives.Capacity Building Commission providing digital training courses to equip civil servants with skills to apply PM Gati Shakti for project planning and coordination across departments.
Governance
Traditional governance devoid of evidence-based policy
Online learning module on emerging technologies like Artificial Intelligence, Internet of Things, Big Data analysis uploaded on the online learning portal, iGOT Karmayogi Bharat.Over 3,88,000 government personnel from across ministries have successfully been certified in learning modules on emerging technologies.
Attitudinal issues
Traditional attitudes of colonial bureaucracy
Research-based self-reflection course to promote "sewa bhaav".The CBC has partnered with the Ministry of Home Affairs to train police personnel to promote public security and ease of living.
Tax system
Loopholes in tax collection, corruption as a challenge.
Faceless and painless tax collection system that rewards the honest taxpayer.Creation of online module on systemic solutions to repeated taxpayer grievances. Over 14,000 direct tax personnel have completed the online learning module.
Municipality reforms
Traditional municipal governance, issues of funds, functions and functionaries.
Municipal corporations being brought on iGOT platform and trained in municipal governance, finances, road and sewerage engineering, solid waste management.
Training
One time training course at foundation level, and mid-career training after that.
Cultivating a culture of life-long learning.Section officers completed 15 lakh online learning modules on data analytics, Government e Marketplace modules and software tools like advanced excel.
