Governance

Trump becomes first ex-U.S. President to be convicted of felony

Context: Donald Trump has become the first former American President to be convicted of felony crimes. New York jury found him guilty illegally influencing the 2016 election through a hush money. In this context, let us compare the eligibility conditions for the office of President in case of USA and India.

United States of America

  • Eligibility conditions for President of US: Candidates for president of the United States must meet basic requirements. The U.S. Constitution states that the president must:
    • Be a natural-born citizen of the United States
    • Be at least 35 years old.
    • Have been a resident of the United States for 14 years.

Anyone who meets these requirements can declare their candidacy for president. Once a candidate raises or spends more than $5,000 for their campaign, they must register with the Federal Election Commission. That includes naming a principal campaign committee to raise and spend campaign funds.

  • Can a convicted person run for president in USA: There is no bar based on a candidate’s criminal record. In some American states, felons are not allowed to run for state or local offices, but this does not apply to federal offices, including that of President.
  • Reelection for US president: The terms for reelection are regulated by the twenty-second amendment.
    • Twenty-Second Amendment
      • Section 1: No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Republic of India

  • Eligibility conditions for President of India: A person to be eligible for election as President should fulfil the following qualifications:
    • He/she should be a citizen of India. 
    • He/she should have completed 35 years of age. 
    • He/ she should be qualified for election as a member of the Lok Sabha. 
    • He/she should not hold any office of profit under the Union government or any state government or any local authority or any other public authority. A sitting President or Vice-President of the Union, the Governor of any state and a minister of the Union or any state is not deemed to hold any office of profit and hence qualified as a presidential candidate.
  • Further, the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and 50 electors as seconders. Every candidate must make a security deposit of Rs. 15,000 in the Reserve Bank of India. The security deposit is liable to be forfeited in case the candidate fails to secure one-sixth of the votes polled. 
  • Before 1997, number of proposers and seconders was ten each and the amount of security deposit was f2,500. In 1997, they were increased to discourage the non-serious candidates.
    • Can a convicted person become President of India:
      • The eligibility conditions mentioned above state that for person to become a President, He/She should be qualified for the election as a member of Lok Sabha. The Constitution of India and Parliament has laid various grounds for disqualification for being elected as a member of Parliament such as holding office of profit, unsound mind, insolvency, given up citizenship, and disqualified under any law under the Parliament.
      • The Parliament has laid down following additional disqualifications under Representation of People’s Act 1951.
        • He/she must not have been found guilty of certain electoral offences or corrupt practices in the elections. 
        • He/she must not have been convicted for any offence resulting in imprisonment for two or more years. But the detention of a person under a preventive detention law is not a disqualification. 
        • He/she must not have failed to lodge an account of his/her election expenses within the time. 
        • He/ she must not have any interest in government contracts, works, or services. 
        • He/she must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share. 
        • He/she must not have been dismissed from government service for corruption or disloyalty to the State.
        • He/she must not have been convicted for promoting enmity between different groups or for the offence of bribery.
        • He/she must not have been punished for preaching and practicing social crimes such as untouchability, dowry, and sati. 

        Thus, if the person is found guilty and is convicted for any offence resulting in in imprisonment for two or more years, he/she shall be rendered disqualified to be and Member of parliament and ipso facto the office of President.

        • Reelection: Article 57 of Constitution of India deals with eligibility for reelection, it states that a person who holds, or has held, office as president shall, subject to the other provisions of the constitution of India be eligible for reelection to the office. Thus, a person may be elected for any number of terms.

        An overview of Europe’s AI Convention

        Context: The Council of Europe (COE) has taken a big step by adopting the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, also known as the ‘AI convention’, on May 17, 2024.

        Background:

        As of now, there are many tools, guidelines, and governance principles at national levels, but none of them are binding or acceptable at a global level. In this background, the Council of Europe has adopted a framework convention on Artificial Intelligence and Human Rights, Democracy and Rule of Law.

        About Council of Europe:

        The Council of Europe is Europe’s leading human rights organization. Since its foundation in 1949, the organization has created a common legal space, centered on the European Convention on Human Rights (ECHR), across its 46 member states. This represents a death penalty-free zone for more than 700 million people. 

        Need for Rules on Artificial Intelligence: AI Act ensures that humans can trust what AI has to offer. While most AI systems pose limited to no risk and contribute to solving many societal challenges, certain AI systems create risks that must be addressed to avoid undesirable outcomes like decision bias or unfair advantage to a community.

        • The proposed act will:
          • Address risks specifically created by AI applications.
          • Prohibit AI practices that pose unacceptable risks.
          • Determine a list of high-risk applications.
          • Set clear requirements for AI systems for high-risk applications.
          • Define specific obligations for deployers and providers of high-risk AI applications.
          • Require a conformity assessment before a given AI system is put into service or placed on the market.
          • Put enforcement in place after a given AI system is placed into the market.
          • Establish a governance structure at European and national level.

        Key features of Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law (AI Convention): 

        • The Convention aims to create a balanced framework that encourages technological advancement while safeguarding fundamental freedoms and democratic values. By establishing clear guidelines, it seeks to prevent AI from undermining democratic institutions. It also ensures the ethical use and development of AI systems.
        • Article 1: Aims to ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with human rights, democracy and the rule of law.
        • Article 3: Covers the activities within the lifecycle of artificial intelligence systems that have the potential to interfere with human rights, democracy, and the rule of law as follows:
          • a. Each Party shall apply this Convention to the activities within the lifecycle of artificial intelligence systems undertaken by public authorities or private actors acting on their behalf. 
          • b. Each Party shall address risks and impacts arising from activities within the lifecycle of artificial intelligence systems by private actors... in a manner conforming with the object and purpose of this Convention.”
        • Military application of AI is not covered under the convention because of lack of consensus.
        • Article 4: Provides for ‘General Obligations’ in the convention pertaining to the protection of human rights and the integrity of democratic processes.
        • Article 5: Provisions for the fundamental principles of governance such as respect for the rule of law (Article 5). Even though issues like disinformation and deep fakes haven’t been addressed specifically, parties to the convention are expected to take steps against issues such as disinformation and deep fakes.
        • To ensure its effective implementation, the convention establishes a follow-up mechanism in the form of a Conference of the Parties.
        • Convention requires that each party establishes an independent oversight mechanism to oversee compliance with the convention, and raise awareness, stimulate an informed public debate, and carry out multi stakeholder consultations on how AI technology should be used.
        image 9

        Risk Categorization: The Regulatory Framework defines 4 levels of risk for AI systems:

        Risk CategoryFeatures
        Minimal RiskLow risk: Most AI systems are expected to be low risk, such as content recommendation systems or spam filters etc. Companies can choose to follow voluntary requirements and codes of conduct.
        Limited RiskLimited risk: Refers to the risks associated with lack of transparency in AI usage. The AI Act introduces specific transparency obligations to ensure that humans are informed when necessary, fostering trust. For instance, when using AI systems such as chatbots, humans should be made aware that they are interacting with a machine so they can take an informed decision to continue or step back.To ensure that AI-generated content is identifiable. Besides, AI-generated text published with the purpose to inform the public on matters of public interest must be labeled as artificially generated. This also applies to audio and video content constituting deep fakes.
        High Risk
        High risk: AI systems that negatively affect safety or fundamental rights will be considered high risk they face requirements like using high-quality data and providing clear information to the users and will be divided into two categories:AI systems that are used in products falling under product safety legislation. This includes toys, aviation, cars, medical devices, and lifts.AI systems falling into specific areas that will have to be registered in an EU database:Management and operation of critical infrastructureEducation and vocational trainingEmployment, worker management and access to self-employmentAccess to and enjoyment of essential private services and public services and benefitsLaw enforcementMigration, asylum, and border control managementAssistance in legal interpretation and application of the law.
        Unacceptable riskUnacceptable risk: Unacceptable risk AI systems are systems considered a threat to people and will be banned. They include:Cognitive behavioral manipulation of people or specific vulnerable groups: for example, voice-activated toys that encourage dangerous behavior in children.Social scoring: classifying people based on behavior, socio-economic status, or personal characteristics.Biometric identification and categorization of peopleReal-time and remote biometric identification systems, such as facial recognition

        Way forward:

        As AI technology evolves, the treaty may need to be reviewed and adapted to address new challenges and opportunities. This will ensure that the treaty remains relevant and effective in safeguarding human rights and democratic values. Further, efforts should be made to encourage more countries, including non-European states, to join the treaty. This would promote a global standard for the responsible use of AI, ensuring broader protection of human rights and democratic principles.

        Press Freedom Index

        Context: India’s press freedom has rapidly declined in recent years and is currently ranked 159 out of the 180 nations. 

        Press Freedom

        image 1

        More information: 

        • World Press Freedom Index (2024) is published annually by Reporters Without Borders (RSF).
        • The index evaluates 180 countries based on the freedom and independence of journalists.
        • The press freedom questionnaire covers five categories: 
          • Political context
          • Legal framework
          • Economic context
          • Socio cultural context
          • Security
        • Norway and Denmark topped the RSF table while Eritrea was at the bottom, with Syria just ahead of it.
        • Press freedoms fell by an average 7.6 points globally.
        • No Asian country made it to the Index’s top 15 in 2024, indicating a pervasive challenge to press freedom in the region.
        • In the Asia-Pacific region, which ranks as the world’s second most challenging area for journalism, several countries, including Myanmar, China, North Korea, Vietnam, and Afghanistan, are among the most dangerous for media personnel.

          India’s rank:

          • India is ranked at 159th (a slight improvement from its previous rank of 161 in 2023), while Pakistan stands marginally higher at 152 and Sri Lanka stands at 150th place. 
          • Scores for India dropped (worsened) in all but the security indicator.
          • However, the government has in the past dismissed international rankings of freedoms in India as misinformed and propaganda driven.

          About Reporters Without Borders: 

          • It is an international non-profit and non-governmental organization focused on safeguarding the right to freedom of information.
          • It describes its advocacy as founded on the belief that everyone requires access to the news and information, in line with Article 19 of the Universal Declaration of Human Rights that recognises the right to receive and share information regardless of frontiers. 
          • RSF works on the ground in defence of individual journalists at risk and at the highest levels of government and international forums to defend the right to freedom of expression and information. 
          • Head office is based in Paris.
          • The World Press Freedom Index (WPFI) is an annual ranking of countries compiled and published by Reporters Without Borders (RSF) since 2002 based upon the organization's own assessment of the countries' press freedom records in the previous year.

          Tax Exemption to Political parties

          Context: Income tax department has given notice to Congress Party to pay the due tax on account of being denied the tax exemption benefits due to violation of tax exemption compliance requirements.

          Income tax exemption to parties:

          Section 13A of Income Tax Act is a special provision for the political parties that provide tax exemption in some cases. According to this section, any income a political party receives from voluntary contributions or any interest, dividend, or rent from its assets is not included in the party's total income for taxation.

          Which are the exemptions available for the political party?

          According to Section 13A, following income of a political party from the following sources is exempt from tax:

          • Income from house property.
          • Income from other sources.
          • Capital gains; 
          • Income by way of voluntary contributions the political party receives from any individual.

          Conditions to avail of exemptions U/S 13A:

          A political party that wants to claim tax exemption under Section 13A must meet the following requirements:

          • Must be registered under Section 29A of RPA, 1951.
          • Must keep books of account and other documents that allow the Assessing Officer to compute its income. 
          • Must record every contribution of more than Rs 20,000 along with the name and address of the contributor unless the contribution is made through an electoral bond.
          • Must have its books of account audited by a chartered accountant
          • Must not have received any donation of more than Rs 2,000 except by way of account payee cheque/demand draft or ECS or through a bank account or electoral bond
          • Must submit a report of donations received above Rs 20,000 to the Election Commission of India for the financial year on or before the due date for furnishing the return of income for that financial year under Section 29C of RPA.

          How does a political party furnish their return of Income?

          According to Section 139(4B) of the Income Tax Act, a political party must file a return of income if its income (before claiming exemption) under Section 13A exceeds the basic exemption limit (without considering the exemption under Section 13A). The tax rate applicable for political parties is the same as that for a normal resident individual. The return of income must be filed and signed by the Chief Executive Officer of the political party for the relevant financial year.

          Tax exemption for donation to political party:

          Under Section 80GGC of the Income Tax Act, 1961, an individual can claim a tax deduction for any donations or contributions to any political party or an electoral trust. The entire amount of donation or contribution is eligible for deduction under this section. However, the donation or contribution must be made through legitimate banking channels and not in cash or kind. The individual must also furnish a receipt for proof of donation or contribution.

          Is it mandatory for political parties to pay taxes?

          Even though political parties cannot participate in commercial activities and cannot make profit, they do have income from voluntary contributions, and such income are exempt u/s 13 A of Income tax act subject to furnishing of report to Election commission.

          Fact Check Unit

          Context: Government of India has recently notified Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting (MIB) as the fact check unit of the Central Government.

          Background:

          • In 2023, MEiTY promulgated the 2023 rules amending IT rules 2021, allowing the government to constitute a Fact Checking Unit (FCU) under IT (Intermediary Guidelines and Digital Media Ethics Code), Amendment 2023.
          • New rules require Social Media intermediaries to censor or modify the content relating to “business of Central government” if the FCU directs them to do so.
          • FCU will have power to decide whether the content on social media is fake, false, or misleading.
          • Once content is identified as fake or misleading, intermediaries must take action or lose “safe harbor” protection under I.T. Act, 2000.

          Need for creation of Fact Check Unit

          • The Fact Check Unit under PIB was established in November 2019 with 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.
          • Furthermore, a legal framework for regulating the online gaming eco-system was also needed.
          • 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, detects, and counter disinformation campaigns, ensuring that false information about the Government is promptly exposed and corrected.

          About Fact Check Unit

          • The fact checking process is based on the FACT model – Find, Assess, Create and Target.
            • Find: The PIB Fact Check Unit takes Suo Moto cognizance on Fact Checking as well as receives queries on WhatsApp Hotline, email, web portal and from Ministries/Departments. 
            • Assess: The Unit segregates the received information after ascertaining whether it falls within the ambit of Fact Check Unit. 
            • Create: The relevant queries are researched using various fact checking tools and verified through open-source information available only on Government websites, notices, circulars, documents, and e-gazettes. 
            • Target: After verifying the authenticity of the information from the authorized sources, the Fact Check Unit creates & posts the fact checks on its social media platforms viz Twitter, Facebook, Koo, Instagram, and Telegram.
          • Ensuring accuracy: The unit will take a call on whether online information related to the Central Government is accurate.
          • Power to label content: 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.

          Composition and Organization: The PIB Fact Check Unit is headed by a senior DG/ADG level officer of the Indian Information Service (IIS). The day-to-day operations of the Unit are handled by IIS officers at various levels. The Unit reports to the Principal Director General, PIB who functions as the Principal Spokesperson of the Government of India.

          Present Status:

          • The Supreme Court has stayed the operation of the amended Information technology (IT) rules till a three-judge bench of Bombay High Court decides upon it.
          • The Supreme Court observed that the challenge to the rules raises "serious constitutional questions". The impact of IT Rule as amended on the fundamental rights of citizens to freedom of speech and expression under Article 19(1)(a) and right to practice any profession under Article 19(1)(g) would fall for analysis by the Bombay High Court.

          Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

          Context: Recently, Election Commissioner Arun Goel resigned from the office of Election Commissioner. This has reduced the number of members in Election Commission to only one member. As the General Elections approach in 2024, there is a need to appoint new members as Election Commissioners for efficient conduct of General Elections.

          Context of the Enactment of the Act

          Constitution Bench of Supreme Court in the Anoop Baranwal vs UoI case that a committee comprising Prime Minister, Leader of Opposition of Lok Sabha and Chief Justice of India will advise the President on appointments to the Election Commission of India until Parliament enacts a law on the subject.

          Grounds for this judgement

          1. The executive full control over the appointment of CEC and other ECs to the Election Commission of India (ECI) degraded the independence of ECI.
          2. Collegium like independent body for appointment of CEC and other ECs will provide a level playing field to all parties.
          3. Greater trust among the opposition.
          4. Greater check on the political party enjoying power in the Centre.
          5. Ensuring greater fairness in elections.

          Article 324 of Constitution of India

          • Superintendence, direction and control of the preparation of electoral rolls and conduct of all elections to Parliament, State Legislature of every State and elections to the offices of President and Vice-President shall be vested in the Election Commission of India (ECI).
          • Appointment of CEC and other ECs to be made by President shall be subject to provisions of any law made in the behalf by Parliament.
          • CEC to act as the Chairman of ECI.
          • Subject to provisions of any law made by Parliament, the conditions of service and tenure of office of CEC, other ECs and Regional Commissioners shall be such as the President may determine.
          • Before each general election to Lok Sabha, Legislative Assembly of each State and before each biennial election to Legislative Council of each State, the President may also appoint after consultation with Election Commission such Regional Commissioners to assist Election Commission.
          • Conditions of service and tenure of office of CEC and other ECs and Regional Commissioners shall be determined by President.
            • CEC shall not be removed from his office except in like manner and grounds as a judge of Supreme Court. Also, conditions of service of CEC shall not be varied to his disadvantage after his appointment.
            • Other ECs and Regional Commissioners shall not be removed from office except on the recommendation of CEC.
          • President, Governor of a State shall make available to the ECI or Regional Commissioner such staff as may be necessary for the discharge of functions.

          Salient features of Act

          • Composition of Election Commission: Election Commission shall consist of (a) Chief Election Commissioner and (b) such number of other Election Commissioners as the President may fix. 
          • Qualifications of CEC and other ECs: Persons holding or have held a post equivalent to the rank of Secretary to Government of India. They shall be persons of integrity having knowledge and experience in management and conduct of elections.
          • Search Committee: A Search Committee headed by the Minister of Law & Justice and comprising two other members not below the rank of secretary to Government of India shall prepare a panel of five persons for consideration of the Selection Committee for appointment as CEC and other ECs. 
          • Selection Committee: CEC and other ECs shall be appointed by the President on the recommendation of a Selection Committee consisting of:
            • Prime Minister - Chairperson
            • Leader of Opposition of Lok Sabha - Member
            • Union Cabinet Minister to be nominated by Prime Minister - Member

          (Note: Selection Committee can also consider any other person than those included in the panel by the Search Committee).

          • Term of office of CEC and other ECs: 
            • CEC and other ECs shall hold office for a term of 6 years from the date on which he assumes his office or till he attains the age of 65 years. 
            • CEC and other ECs shall not be eligible for re-appointment.
            • Where an Election Commissioner is appointed as CEC, his term of office shall not be more than 6 years in aggregate as the EC and the CEC.
          • Salary: CEC and other Election Commissioners salary will be equal to the salary of Supreme Court judge.
          • Resignation & Removal: 
            • CEC and other ECs can resign office by writing to the President.
            • CEC shall not be removed from his office except in like manner and on like grounds as a Judge of Supreme Court.
            • Other ECs shall not be removed from office except on the recommendation of the CEC.
          • Leave
            • CEC and other ECs may be granted leaves in accordance with the rules of the service to which he belonged before appointment. They are also eligible to carry forward the leave standing at his credit on such date.
            • Power to grant or refuse leave to the CEC and other ECs is vested in the President.
          • Other conditions of service: President may be rules determine the conditions of service relating to travelling allowance, medical facilities, leave travel concession, conveyance facilities and such other conditions relating to CEC and other ECs.
          • Transaction of business of Election Commission
            • Election Commission may regulate procedure and allocation of its business by a unanimous decision amongst the CEC and other ECs.
            • However, if there is any difference of opinion, such a matter shall be decided according to the opinion of majority.
          • Protection of CEC and other ECs: No court shall entertain to continue any civil or criminal proceedings against any person who is or was a CEC or an EC for any act, thing or word, committed, done or spoken by him in the course of acting or in the discharge of his official duty or function. 

          Issues of Independent Regulatory Bodies

          Context: The article revolves around the multifaceted challenges faced by regulators in fulfilling their duties effectively. It highlights that while the tasks of regulators may not involve physically demanding actions, such as firefighting or deep-sea diving, they are nevertheless critical in regulating and nurturing various sectors like environment, energy, finance, and more.

          What is regulation? 

          • According to Thomas Jefferson, government is created to secure the inalienable rights of all citizens - i.e., the right to life, liberty and the pursuit of happiness. If everyone were to be allowed to pursue complete freedom for doing whatever he wants and to pursue his happiness, then it may lead to a situation where rights and freedom of other persons are affected. This necessitates the regulatory role of the government.
          • The State enacts laws which impose restrictions on the activities of citizens, in the larger interest of society. In order to enforce these laws, the State creates a large number of organizations which are charged with the implementation of these laws.
          • However, attaining ‘optimum regulation’ is a challenging task (Which we will understand in this article), as a balance has to be achieved between individual’s freedom and society’s interest.
          • Regulation by government through its own Departments or Agencies directly under its control has always existed. The last century has seen the emergence of a special category of regulatory systems – the Independent Statutory Regulating Agencies (CERC for electricity, TRAI for telecom, SEBI for share market). These agencies differ from the conventional regulating system as they are separated from the executive wing of the government and enjoy a certain degree of autonomy. 

          Introduction of Economic Reforms in India 

          • Previously, like most developing countries, India was characterised by significant government involvement in their economies marked by dominance of large state-owned enterprises (SoEs) and private sector was limited to producing only selected goods. Cross-border trade was not encouraged and strict restrictions were imposed on imports. As a result economy continued to reflect low growth rates. 
          • The introduction of New Economic Policy (NEP) of deregulation, privatisation and trade liberalisation in 1990s changed the pattern drastically. Market intervention policies were replaced by privatisation, trade and financial market liberalisation, deregulation and decentralisation of government structures.
          • The increase in private participation in the newly liberalised economy pointed towards need for independent sector regulations.
          • In the process, a new form of economic governance Independent regulatory regimes was set up with the expectation of insulating economic decision making from political control, ultimately contributing towards a consistent and rational policy environment; providing a level playing field to competitors; and reducing regulatory uncertainty amongst private investors.

          Regulatory complexity 

          • Plethora of laws governs many regulatory agencies in India.
          • There is a huge variation in the terms of appointment, tenure and removal of various regulatory authorities 
          • This is inappropriate considering these have been set up with broadly similar objectives and functions and should enjoy the same degree of autonomy.

          Are Regulators Truly Independent? 

          • Regulatory efficacy demands functional independence, which calls for the regulator maintaining an arm’s length relationship from interest groups. 
          • Appointment and Removal of the Members of the Authority
            • Independent regulation as a mechanism of governance in India has been captured by bureaucracy, mostly from the Indian Administrative Service (IAS).
              • It is a post-retirement perquisite usually given on the basis of how they had functioned when in service.
            • There is a lack of uniformity in tenure and removal process.
              • Either power vests with Union government completely (SEBI, IRDA) or on reference of Union government, SC conducts an enquiry (CERC).
          • Interface with Government
            • The independence of the regulator is also adversely affected by the confusion between policy and regulatory matters lurking in the government departments.
            • Since Regulators have been hived off from Government departments for the purpose of carrying out government policies, a close link between the two is essential while respecting the autonomy and independence of the Regulators.
              • The regulators are dependent on concerned line ministry for budgetary allotments, endorsement of staff appointments and need for former to report to the latter, etc. There is no uniformity on funding of regulators.
            • While interface with the government on the various aspects mentioned above is critical to the effective functioning of the regulator, it is also essential to evolve healthy conventions so that the autonomous functioning of regulator is not diluted

          Are Regulators Truly accountable? 

          • A Regulator can retain its legitimacy and credibility only if it is accountable for how it uses the powers that have been delegated to it by the legislature. 
          • Often, it has been perceived that there is trade off between independence and accountability whereas the two are mutually reinforcing. Unless there is accountability, independence will not be justified and the greater the level of autonomy, the more critical it is to have credible accountability mechanisms
          • In India, regulatory bodies in general have the following features that are relevant to their accountability: 
            • They have been constituted on the basis of statute, which also lays down terms of appointment and removal of Board Members. 
            • Their decisions can be appealed against before a specified appellant authority in most cases. Naturally, they are also subject to the writ jurisdictions of High Courts and the Supreme Court. 
            • The accounts of regulator are audited by the Comptroller and Auditor General.
          • Regulatory Impact Assessment
            • A cost-benefit analysis of any proposal for regulation, whether done directly by a government department or by an independent Regulator, is now the norm in most of the developed countries.

          Recommendations

          • Setting up of a Regulator should be preceded by a detailed review to decide whether the policy regime in the concerned sector is such that a Regulator would be better placed to deliver the policy objectives of the department concerned.
          • In addition to the statutory framework which underpins the interface between the government and the regulator, each Ministry/Department should evolve a ‘Management Statement’ outlining the objectives and roles of each regulator and the guidelines governing their interaction with the government. This would guide both the government department and the Regulator. 
          • There is need for greater uniformity in the terms of appointment, tenure and removal of various regulatory authorities considering these have been set up with broadly similar objectives and functions and should enjoy the same degree of autonomy. The initial process of appointment of Chairman and Board Members should be transparent, credible and fair. The tenure of the Chairmen and Board Members could also be made uniform preferably three years or 65 years of age whichever is earlier. 
          • Parliamentary oversight of regulators should be ensured through the respective Departmentally Related Standing Parliamentary Committees. 
          • A body of reputed outside experts should propose guidelines for periodic evaluation of the independent Regulators. Based on these guidelines, government in consultation with respective Departmentally related Standing Committee of the Parliament should fix the principles on which the Regulators should be evaluated. The annual reports of the regulators should include a report on their performance in the context of these principles. This report should be referred to the respective Parliamentary Committee for discussion. 
          • Each statute creating a Regulator should include a provision for an impact assessment periodically by an external agency. 
          • There is need to achieve greater uniformity in the structure of Regulators. The existing coordination mechanisms such as the Committee of Secretaries/ Cabinet Committees, assisted by Secretary (Coordination) could easily ensure that the institutional framework for all Regulators follow, by and large, a uniform pattern.

          Plethora of laws governs many regulatory agencies in India. However, institutional efficacy and optimal performance is missing. Institutional efficacy and optimal performance inter alia demands competent personnel and functional independence.

          To be truly independent from the government, the regulatory authority must also be financially and administratively independent from the government.

          The executive cannot be allowed to either interfere, or arm-twist the regulator, to force the latter to toe its line.

          More importantly, since the onus of meeting the regulator’s objectives lies with the regulator, the government cannot be allowed to have unbridled discretion in how the regulator hires and manages personnel, and uses its finances. 

          Embracing India's District Diversity for effective policy making

          Context: Chief Economic Adviser Nageswaran has argued for making the districts as smallest geographical unit for socio-economic development and analysis. He argues that districts capture the diversity of India and should be the focus of development administration.

          image

          About Districts: 

          • According to Article 1 of the Constitution, India is a union of states and UTs. 
          • States and UTs in turn have been broken into smaller constituent units known as districts.
          • The prerogative of making districts lies with the state governments.
          • Districts are manned by District Collectors who administer the unit. 
          • Districts also have urban and rural local bodies known as Panchayats and Municipalities.
          • Earlier, there were about 500 districts in India. However, there has been recent trend towards smaller districts to make their administration more feasible.
          • Currently, average district in India has nearly 1.86 million people, larger than the population of countries like Singapore (0.56 million) and UAE (0.94 million), shows the gamut of governance required at the district level.
          • Note: According to Census
            • Largest district in terms of Area: Kutch District
            • Largest district in terms of population: 24 Pargana, Kolkata

          Socio-economic achievement and disparities among India’s district: 

          • Socio-economic achievement and disparities
            • Recent studies using NFHS-5 data, showcase inter-generational developments in education, that the average level of the mother’s education equals or exceeds that of the father’s in as many as 195 districts (out of 707 districts studied). A generation previously, only 11 districts had more educated mothers than fathers.
            • Over 15 percent of districts have more than 90 per cent of women who own and operate savings accounts.
            • Over 91 per cent of districts have had more than 70 percent of births in the last five years in health facilities.
            • Urban districts, which constitute 30 percent of all districts in India, account for more than 55 percent of all wages paid and close to 45 per cent of all jobs. 
            • Average wage in the top 70 prosperous districts is three times higher than the average wage of the bottom 305 districts.
          • Policy approaches and programs: 
            • Top-down policies continue to help address socio-economic issues at the district level in areas such as improved sanitation and hygiene (Swachh Bharat), provision of healthcare services (Ayushman Bharat), reducing malnutrition (POSHAN Abhiyaan) and rural job guarantee (MGNREGS). For instance, the Swachh Bharat Mission has led to 75 per cent of villages being defecation-free
            • The Aspirational Districts Programme, launched in 2018. It has been instrumental in addressing critical gaps and fostering collaboration among diverse stakeholders to target efforts in the pockets of deprivation in crucial areas of health and nutrition, education, agriculture and water resources, etc.
              • In the last six years, the programme has transformed the lives of about 25 crore people in 112 districts, with visible improvements in key indicators, such as health, financial inclusion and education, as tracked by NITI Aayog. 
            • The percentage of pregnant women registered for ante-natal care within the first trimester rose from 68 per cent in 2018 to 89 per cent in 2023.
            • The percentage of underweight children below the age of six years declined from 20.6 per cent in 2018 to 9.2 per cent in 2023. 
          • One District One Product (ODOP), launched in 2020, the programme has seen the development and promotion of 1,000-plus unique products, across 767 districts, encompassing sectors such as textiles, agriculture, food processing and handicrafts.

          Way forward: 

          • ARC 2 recommendations on District Administration: 
            • Developing a reliable central district database through which data collection from the grassroot level with the help of local revenue administration machinery can be done. The database must contain block and circle-wise information on population, PHCs, PDS outlets, Police stations, schemes implemented, fund sanctioned, beneficiaries under the scheme etc. 
            • There is need to strengthen the compliance machinery at the district level to enforce provisions of the RTI Act and to reduce the element of delay and subjectivity in the functioning of the lower level formations of the government. This should be done by creating a special RTI Cell in the office of the Collector, whose functions should be reviewed by the Collector at regular periodicity. 
            • For effective monitoring and evaluation of programme/projects which are directly under the charge of the Collector, there needs to be computerized/MIS attached to his office. On the basis of these, the Collector could undertake monthly or quarterly review of performance. This cell could also function as the nodal e- governance cell for other officers located in the district by using its capacity to coordinate, and develop relevant IT solutions. 
            • Comprehensive classification of rules, guidelines and procedures is necessary for efficient service delivery and better understanding among both the officers and the general public. 
          • India’s diversity is embodied in its districts. To the policymaker, understanding the full scale of this diversity is key to crafting policies.
          • Effective administration requires recognizing the diverse needs and priorities across India's districts, necessitating policies that are not one-size-fits-all but are instead tailored to each district's unique circumstances. A significant challenge remains in the availability of timely, high-quality data for informed decision-making at the district level.
          • An ideal set of policies should be a bouquet of varied measures for different localities and regions, tailored to their culture, urbanisation, development and demography. These should be bolstered by uniform interventions in infrastructure, public goods, livelihoods, policy enablers and good governance.

          Case study: District Development Index for Maharashtra

          The index captures a district’s progress by giving equal weightage to its potential for socio-economic development and its existing levels of socio-economic development. In addition to providing an immediate picture of district performance, the index is also built for the long term, so policymakers can tap into the potential presented by various districts.

          Personally Identifiable Information (PII)

          Context: Recently, the Ministry of Corporate Affair fixed a critical vulnerability in its online portal. As per the reports, the vulnerability exposed personal details, like Aadhaar, PAN, voter identity, passport, date of birth, contact number, and communication address of more than 98 lakh directors of Indian companies. 

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          Introduction: 

          • Advancements in technology platforms, brought bigger changes in operations of businesses, legislations by governments and individual relations. Cell phones, internet, e-commerce and all other kinds of digital tools have created an explosion in data supply.
          • This ‘Big Data’, is collected, analysed and processed by businesses and shared with other companies, which has in turn enabled them to gain better insight into how to make interaction better with the customers. 

          Personally Identifiable Information: 

          • Any data or information maintained by an organisation or agency that can potentially be used alone or with other relevant data to identify or trace a specific individual. 
          • Includes information such as Aadhaar, PAN, voter identity, passport, date of birth, contact number, communication address, and biometric information.
          • Constituents of PII differ depending on an individual’s home country.

          This may contain: 

          • Direct identifiers such as Passport Information, that can identify a person uniquely, or;
          • Quasi-identifiers such as Race, that can be combined with other quasi-identifiers like date of birth to successfully recognize an individual.
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          Non-PII:

          • Personal data, Non-personal data (such as the company you work for), shared data and anonymized data are not classified as PII.
          • Examples: Photographic images (especially of the face or other identifying characteristics), place of birth, religion, geographic indicators, educational qualifications, etc. 
          • Personal Data: This has a broader range than the PII, such as IP address, device ID numbers, browser cookies, or genetic data.

          What are Sensitive and Non-Sensitive PII: 

          • Sensitive PII includes legal statistics such as full name, Social Security Number, driver’s license, financial information, medical records, mailing address, passport information, credit card information. 
          • Such information when exposed can be used to identify a person and potentially cause harm. 
          • Such sensitive PII are stored by employers, government organisations, banks etc
          • Example: An insurance company that is sharing client’s information with a marketing company will not share the sensitive PII. The data shared will be limited to the marketing company’s goal only. 
          • Non-sensitive PII is easily accessible from public sources. This includes: zip code, race, gender, date of birth, social media, religion etc.
          • This cannot be used alone to determine an individual’s identity. 
          • Although non-sensitive, such data is linkable, as when such data is used with other personal linkable information, this can reveal the identity of a person by using De-anonymization and re-identification techniques. 

          Threats of PII exposure:

          • The Internet has become a major vector for identity theft. 
          • Data can be found by digging through the trash or unopened mails, which can provide an individual’s name and address. This can also reveal information about the employment, banking relationships or social security networks. 
          • Phishing and social engineering attacks using deceptive-looking website or email, tricks into revealing key information, which can be used to fraudulently open bank accounts, and siphon off funds from accounts. 
          • Information can also be stolen through deceptive phone calls or SMS messages.
          • These threat actors are known to sell exposed PII information on the ‘dark web’. 
          • Lucius, a threat actor found selling data online claimed to have access to a 1.8 terabyte data leak impacting an unnamed ‘India internal law enforcement agency’. 
          • Dark web: It is an encrypted portion of the internet not visible to the general public via a traditional search engine such as Google. It is also known as the darknet and constitutes a large part of illegal activity on the internet. 
          • Threat actors also breach third-party aggregating PII which is also facilitated by weaknesses in digital infrastructure. 

          Risks for India:

          • India is ranked fourth globally in all malware detection in the first half of 2023, as per the survey of Resecurity. 
          • A survey of 200 Indian IT decision makers found that 45% of Indian businesses have experienced more than a 50% rise in disruptive cyberattacks in 2023. 
          • The report also found that 67% of Indian government and essential services organisations experienced an increase in disruptive cyberattacks.
          • The data sold on the dark web included one’s Aadhaar number, a unique 12-digit individual identification number issued by the Unique Identification Authority of India (UIDAI). 
          • Certain cases: 
          • In 2023, reports emerged that a bot on Telegram was returning the personal data of Indian citizens who registered with the COVID-19 vaccine intelligence network (CoWIN) portal for vaccination purposes.
          • The government of India denied allegations of a biometric data leak, as well as a breach in the CoWIN portal.
          • The Government however, launched an investigation into the allegations that led to the arrest of a man in Bihar, along with a juvenile in June 2023.
          • A data breach was also reported in the Rail Yatri platform in January 2023. 

          How to secure PII?

          • Individuals can take steps to ensure that their PII is not readily available to threat actors. 
          • They can look for HTTPS in URLs when visiting unknown websites. “S” stands for secure and is used by legitimate websites to secure collected information from unsecured connections.
          • Keep a tab on your PII like Aadhaar, passport, PAN, Voter ID, and other important proofs of identity. Avoid sharing or accessing images or details of identity documents through unknown devices. 
          • Keep a tab on your bank account transactions, credit cards, and credit score. A hit in the credit score could mean your PII has been misused to procure credit cards in your name.
          • Users should also be alert and approach emails for unknown sources with caution as stolen information may be used to target users in phishing campaigns.
          • Users can change existing IDs and passwords to ensure that stolen data cannot be used for launching brute force attacks.
          • Users should also implement two-factor authentication for all their accounts and inform the concerned authorities in case they notice any suspicious activity in their online accounts.

          The following are the privacy regimes in specific jurisdictions:

          India:

          • Country’s Computer Emergency Response Team (CERT-In) is investigating reports of the data leak and the government is working on moving massive amounts of data, including legacy data collected over the past decades, to safe storage.
          • Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, mandate social media platforms to ensure greater diligence with respect to the content. 

          United States: 

          • Government defined ‘personally identifiable information’ in 2020.
          • Anything that can be used to distinguish or trace an individual's identity such as name, social security network and biometrics information; either alone or with other identifiers such as date of birth or place of birth.

          European Union: 

          • The definition expands to include quasi-identifiers as outlined in the General Data Protection Regulation (GDPR) which came into effect in 2018.
          • The GDPR is a legal framework that sets rules for collecting and processing personal information for those residing in the EU.

          Australia: 

          • Privacy Act 1988 protects personal information.
          • It regulates the collection, storage, use, and disclosure of personal information, whether by the federal government or private entities.

          India ranks 93rd in Corruption Perception Index

          Context: In the recently released Corruption Perception Index report by Transparency International, India has slipped in the rank to 93 in 2023 against 85th rank in 2022. According to the World Bank, Corruption is the abuse of public office for private gain, it covers a wide range of behavior, from bribery to theft of public funds.

          About Transparency International:

          It is a global civil society organization focused on combating corruption worldwide.

          • Founding: Founded in 1993 by former World Bank official Peter Eigen in Berlin, Germany, and has since grown into a global network.
          • Mission: To stop corruption by promoting transparency, accountability, and integrity at all levels and across all sectors of society.
          • Corruption Perception Index (CPI): Known for its annual Corruption Perception Index (CPI), which ranks countries by perceived levels of public sector corruption. The CPI is based on expert assessments and opinion surveys carried out across countries.
          • Activities: It carries out research, and awareness campaigns to combat corruption. It also works with governments, businesses, and civil society to promote transparency and accountability measures.
            • Global Activism: It advocates for the implementation of anti-corruption laws and policies globally. It also works to strengthen international frameworks and conventions aimed at combating corruption like United Nations Convention against Corruption (UNCAC).
            • Integrity Awards: Presents Integrity Awards to individuals and organizations that have demonstrated exceptional courage and commitment in fighting corruption.
          • Secretariat: It is headquartered in Berlin, Germany. The Transparency International Secretariat coordinates the activities of its global network and provides support to its national chapters.
          • Funding: Organisation is funded by government grants, private donations, and institutional support, to ensure impartiality in its work, it maintains independence from any government or political ideology.
          • Impact: Transparency International's efforts have contributed to
            • Increased awareness of corruption issues worldwide 
            • Concrete changes in laws, policies, and practices aimed at combating corruption and promoting transparency and accountability.

          Key Observations by Corruption Perception Index:

          • India’s ranking has stagnated: Corruption perception score has stagnated because of inadequate delivery of anti-corruption commitments.
          • Narrowing of civic space: India has seen further narrowing of civic space, including through the passage of telecommunication bill that could be a 'grave threat' to fundamental rights”.
          • Lack of delivery on anti-corruption agenda: Weak scores reflect the lack of delivery by elected officials on anti-corruption agendas, together with crackdowns on organised civil society.
          • Freedom of press: Attacks on freedom of press, assembly and association is also reason for decreased oversight and consequent rise of corruption.
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          Recommendations by the report:

          To tackle corruption, promote justice and strengthen rule of law, Government should.

          • Strengthen independence of judicial system: Promote merit-based appointment and protect judicial institutions from political interference.
          • Making justice delivery more transparent: ensure that the data with respect to enforcement and administrative rules are openly available for better scrutiny by the public.
          • Ensuring integrity of administrators and prosecutors: abuse can be prevented by dedicated whistleblowing and reporting mechanism.

          Other recommendations with respect to reducing corruptions:

          • Strengthening Anti-Corruption Laws: Enforce robust anti-corruption laws that cover both public and private sectors. These laws should include provisions for transparency, accountability, and severe penalties for corruption-related offenses.
          • Enhancing Transparency in Government: Ensure greater transparency in government processes, decision-making, and expenditures through open data initiatives, public access to information laws, and mandatory disclosure of assets by public officials.
          • Promoting Accountability: Establishing independent oversight bodies, such as anti-corruption commissions /Lokpal offices, with the power to investigate and prosecute corruption cases. Currently, such institutions lack enthusiasm to act on the complaints against corruption. (Around 68% corruption complaints against public functionaries that landed with the Lokpal of India were “disposed off” without any action in the past four years.)
          • Encouraging Citizen Participation: Empowering citizens to actively participate in governance processes can help reduce corruption through promoting civic education, facilitating public consultations on policy decisions, and enabling citizen monitoring of public services.
          • Promoting Whistleblower Protection: Ensure comprehensive whistleblower protection to safeguard individuals who report corruption from retaliation and ensure their anonymity and safety.
          • Culture of Integrity: Promote ethical standards and values within society can help prevent corruption at all levels by promoting integrity in education, business, and civil society, as well as raising awareness about the negative consequences of corruption for the nation.

          Chief Secretary and Current Issue with Extension of its Tenure in Delhi

          Context: The Supreme Court of India, through an order, permitted the Union Government to unilaterally extend the tenure of the incumbent Chief Secretary despite the opposition from the Delhi government on allegations of conflict of interest.

          Timeline of Current Issue with respect to Service of Chief Secretary in Delhi 

          Government of NCT of Delhi vs Union of India Case, 2017 (Service Judgement):

          • In this case, the Supreme Court unequivocally held that references to "state government" in the relevant All India Rules (AIR) or Joint Cadre Rules (JCR) related to Delhi would mean the Government of Delhi.
          • Following this ruling, the Delhi government's recommendation became necessary for extending the Chief Secretary's tenure under Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.

          Government of National Capital Territory of Delhi (Amendment) Act, 2021:

          • This act amended Section 21 of the Government of National Capital Territory of Delhi Act, 1991, by inserting subsection (3), specifying that the expression "Government" referred to in any law to be made by the Legislative Assembly shall mean the Lieutenant Governor.

          Current Supreme Court Order:

          • The Supreme Court carved an exception for the Chief Secretary of Delhi, asserting that he is differently placed than other officers under the AIR or JCR and is not bound by the Services judgement.
          • Despite the earlier ruling emphasizing the Delhi government's role in extending the Chief Secretary's tenure, the Supreme Court's current order permits the Union Government to unilaterally extend the incumbent Delhi Chief Secretary's tenure. 
          • This decision comes despite the opposition of the Delhi Government, citing serious allegations of conflict of interest against the Chief Secretary, which are currently under investigation.

          Chief Secretary of a State 

          While the Constitution of India does not have an explicit provision related to the chief secretary of states under Article 166, it provides for the conduct of the business of the state government. Their appointment is an executive action done by the chief minister in the name of governor.

          • Depending on the state, the powers and functions of chief secretaries are defined in the rules of business. 
          • The Chief Secretary is at the apex of the administrative hierarchy of a state. 
          • Many of their functions have evolved through parliamentary custom and convention, and the rules are amended from time to time to accommodate new evolving roles.

          Role of Chief Secretary 

          The Chief Secretary of a state acts as the ex-officio Secretary to the Council of Ministers and, in that capacity, he is known as the Secretary to the Cabinet and plays an important role in policy formulation.

          1. Head of the Cabinet Secretariat Department: The Chief Secretary oversees the Cabinet Secretariat Department, functioning under the Chief Minister's political leadership.
          2. Work Pertaining to Cabinet Meetings:
            • The Chief Secretary is responsible for preparing agenda papers for cabinet meetings.
            • As the ex-officio Secretary to the Council, they attend cabinet meetings and sub-committee meetings.
            • The Chief Secretary records decisions made in cabinet meetings and forwards copies to the Governor, Chief Minister, and council of ministers.
          3. Participation in the Policy Formulation Process:
            • The Chief Secretary serves as the primary source of information and advice to the Chief Minister and other ministers.
            • Their presence in cabinet meetings is crucial to counterbalance ministers who may be influenced by public opinion or constituency pressure, ensuring decisions are made with long-term considerations.
          4. Role in the Follow-up of Cabinet Decisions:
            • After cabinet decisions, the Chief Secretary oversees the implementation by the secretary of the concerned department.
            • The Chief Secretary has the authority to request documents related to any department's case.
          5. Representation at the National Level Consultations:
            • The Chief Secretary represents the state in national-level consultations, contributing to discussions and decisions on broader issues.

          Function and Responsibilities of Chief Secretary 

          1.     He chairs an expert body, which decides matters of awarding honours and distinctions.

          2.     He deals with matters relating to inter-state disputes.

          3.     The Chief Secretary can initiate changes in Rules of Business but the final decision in this respect rests with the cabinet.

          4.     All matters of housing accommodation and government buildings and circuit houses fall under his jurisdiction.

          The functioning and responsibilities of the Chief Secretary affect all the departments and, therefore, the role of the Chief Secretary as the head of the General Administration Department remains of substantial significance.

          Issues related to Hit and Run Clause in Bharatiya Nyaya Samhita, 2023

          Context: The implementation of Section 106 (2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), has sparked a wave of protests among truck drivers across multiple states.

          The situation surrounding the protests against Section 106 (2) of Bharatiya Nyaya Sanhita, 2023 (BNS), is complex. The government has introduced the provision to address the increasing road fatalities and instil a sense of moral responsibility among the citizens. However, the demands of the protesters raise valid concerns about the impact of the legislation on drivers, particularly in the context of their challenging work conditions.

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          Key Aspects About the Issue 

          Need of Such a Law

          • High Fatality Rate: India recorded over 1.68 lakh road crash fatalities in 2022, leading to a daily average of 462 deaths. This indicates the magnitude of the problem and the immediate need for effective interventions.
          • Year-on-Year Increase: Despite a global decrease in road crash deaths, India experienced a substantial year-on-year increase of 12% in road accidents and 9.4% in fatalities. 
          • Frequency of Accidents: The statistic of 19 deaths every hour, translating to one death every three and a half minutes, emphasises the continuous and pervasive nature of the road safety crisis in the country.
          • Highway Concerns: Over half of all road fatalities occurring on national and state highways, which constitute less than 5% of the total road network, indicates a critical need for targeted safety measures on these specific road types.
          • High number of Hit and Run cases: The National Crime Records Bureau recorded 47,806 hit and run incidents which resulted in the deaths of 50,815 people in 2022.
          • Global Comparison: Despite having only 1% of the world's vehicles, India accounts for approximately 10% of crash-related deaths. This highlights the disproportionate impact and challenges faced by the country in managing road safety.
          • Economic Impact: The economic loss of 5-7% of GDP annually due to road crashes further emphasises the multifaceted impact of road accidents, extending beyond human lives to economic consequences.

          To address such challenges, the government introduced new provisions under Bhartiya Nyaya Samhita to deter drivers from engaging in rash and negligent driving that can lead to fatalities. These provisions also impose a positive obligation on offenders to report such incidents, emphasizing moral responsibility toward the victims. 

          Contested Provisions of Bhartiya Nyaya Samhita 

          Section 106: Causing death by negligence

          1. Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 
          2. Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. 

          But the above provision led many drivers from different states to take to the road, expressing certain concerns.

          Concerns of Protesters about the brought provisions:

          • Severity of Punishment: Transporters argue that the 10-year imprisonment and ₹7 lakh fine for fleeing the scene of an accident without reporting it is excessive. 
          • Work Condition: They contend that this penalty fails to consider the challenging work conditions, long driving hours, and difficult roads that drivers often face.
          • Unintentional Accidents: Accidents may occur due to factors beyond the driver's control, such as poor visibility due to fog and the law remains silent on such unintentional accidents.
          • Fear of Mob Violence: The fear of mob violence against drivers who stop to assist the injured at accident sites is mentioned, indicating potential safety risks for drivers.
          • Negative Impact on the Transport Industry: Drivers are worried that the stringent penalties may discourage individuals from joining or continuing in the transport profession, leading to a potential negative impact on the transport industry.

          Issues need to be addressed 

          • Misinformation: There is a need to address misinformation about the legislation, such as the incorrect claim that the fine for fleeing the accident spot is ₹7 lakh which is not mentioned under the provisions.
          • Revisiting and Reconciling Clauses: The suggestion to revisit and reconcile the clauses, particularly distinguishing between rash and negligent driving, is a valid consideration. 
          • Differentiating the degrees of liability and punishment based on the nature of the incident could address the concerns raised by the protesters. Applying a single clause universally may unfairly prejudice drivers facing diverse circumstances.
          • Community Service and License Revocation: In cases resulting in minor injuries, alternative measures such as community service, license revocation, or mandatory driving retests could provide a more nuanced approach, helping avoid criminalizing every incident and considering the circumstances of each case.

          Balancing Road Safety and Drivers’ Concerns: A way Ahead 

          • Revisiting and refining the legislation based on a holistic understanding of the issues raised by protesters could lead to a more just and effective legal framework. 
          • All the stakeholders should engage in a constructive dialogue to address the concerns of transporters while ensuring public safety on the roads.