Context: Supreme Court judge Jus tice K.M. Joseph on Mon day recused from hearing a petition challenging the appointment of Arun Goel as the Election Commissioner.
Election commissioners to be appointed by a committee
SC In Anoop Baranwal v. Union of India, Constitution Bench of Supreme Court has held that Election Commissioners (ECs) including the Chief Election Commissioner (CEC) will be appointed by the President on the advice of a committee consisting of the Prime Minister, leader of opposition in Lok Sabha and the CJI till a specific law is framed by the Parliament. However, if the Leader of Opposition (LoP) has not been recognised by the Speaker, then the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength will be in the committee to appoint the ECs and CEC.
Conduct of elections - article 324(1)
Election Commission shall be responsible for Superintendence, Direction and Control of the preparation of the Electoral Rolls for and the conduct of all elections to -
Parliament
Legislature of every State
Offices of President and Vice-President
Law Can be Made for Appointments - The appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
Constitution of election commission - article 324(2)
The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix. ∙ When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission.
Appointment of election commissioners - article 324(2)
Appointment of Election Commissioners - the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
It is here where the Supreme Court’s judgment will have an impact. This is because the President has to go according to the advice tendered by the Committee comprising PM, LoP & CJI. This in a way takes away power from the central government to appoint ECs or CEC as per their choice.
∙ Appointment of Regional Commissioners - The President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of its functions.
Removal- article 324(5)
The CEC shall be removed from his office in like manner and on the like grounds as a Judge of the Supreme Court.
Conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment.
Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
Thus, the process of removal of CEC and other Election or Regional Commissioners is different as provided in the Constitution.
The Constitution Bench has asked to ensure parity for other Election Commissioners and suggested that Removal of Other Election Commissioners to be same as that of CEC.
The Election Commission (conditions of service of election commissioners and transaction of business) act, 1991
The Act determines the conditions of service of the Chief Election Commissioner and other Election Commissioners and also provides for the procedure for transaction of business by the Election Commission.
Term of office
The Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years from the date on which he assumes his office.
Provided that where the Chief Election Commissioner or an Election Commissioner attains the age of sixty five years before the expiry of the said term of six years, he shall vacate his office on the date on which he attains the said age.
Provided further that the Chief Election Commissioner or an Election Commissioner may, at any time, by writing under his hand addressed to the President, resign his office.
Three technical sessions were held on the first day of the meeting
The first session focused on health emergency prevention, preparedness and response, with delegates discussing collaborative surveillance systems supported by advanced networks of laboratories and relevant infrastructure.
The discussion also centred on embedding anti-microbial resistance as part of any health emergency governance system and it being complementary to such ongoing efforts at various levels of government.
The second session focused on creating better collaborations at various levels for access and availability of safe, effective, and quality medical countermeasures.
The discussions centred on methods such as public-private partnerships, and international collaborations through a network-of-networks platform.
In the third session, a discussion on the draft outcome document was done exclusively among G20 member states in an hour-long session afterwards.
It was emphasised that any consensus must be built through measures that are evidence-based, inclusive, fair, equitable, transparent and need-based.
India’s proposals
With plugging the gap of inequitable access and creating a global manufacturing network for medical countermeasures – vaccines, drugs, and diagnostics – being priorities for the health working group, India is likely to raise the issue of intellectual property rights during a public health emergency.
The discussion is likely to focus on voluntary licensing and technology transfer by pharmaceutical companies, according to officials in the know of the matter.
For digital health, India is likely to propose a digital toolbox under an intra-government agency like the World Health Organization that can be accessed by other countries as per their need India will open up its teleconsultation platform eSanjeevani to all, just like it offered the vaccine management system CoWIN previously.
India focused on the need for collaborative surveillance, community protection, safe and scalable care, access to medical countermeasures and emergency coordination.
focus on reducing the drivers of pandemic risk, to prevent them before they emerge, surveillance, lab systems and strengthening the public health workforce”.
Context; Recently Finland’s next-generation Olkiluoto 3 nuclear reactor, the largest in Europe, has gone into regular production after months of delays, and Germany ended its nuclear era.
About Olkiluoto 3 nuclear reactor
Olkiluoto 3, now producing around 14% of the country's power.
It is expected to remain operational for “at least the next 60 years”.
The plant is owned and operated by Teollisuuden Voima (TVO), a subsidiary of Pohjolan Voima
It is located on Olkiluoto Island, on the shore of the Gulf of Bothnia
The Olkiluoto plant consists of two boiling water reactors (BWRs), each producing 890 MW of electricity and
One EPR producing 1,600 MW. This makes unit 3 currently the most powerful nuclear power plant unit in Europe and the third most powerful globally
Context: Textile and apparel exports contracted 14% in 2022-2023 compared with the previous year. At $41.3 billion in exports in 2021-2022, textiles and apparel constituted 9.79% of total goods exports. However, in 2022-2023, the segment recorded exports of $35.5 billion and constituted just 7.95% of goods exports.
Reasons for India’s Underperformance in Exports
Low Level of Participation in Global Value Chains (GVCs).
Limited diversification of India’s export basket: The top 10 principal exports in terms of commodity groups account for 78% of total merchandise exports.
Low competitiveness of Indian products on account of:
Lacklustre infrastructure.
Complex land and labour laws.
Fragmented and unregulated logistics sector.
Inability to exploit comparative advantage in lower-skilled and labour-intensive exports: India has seen its share of world trade in textiles, garments and footwear decline in recent years while Bangladesh has almost caught up to India, and Vietnam has overtaken it.
Regional Disparities: 70% of India’s export has been dominated by 5 states.
Intra- and inter-regional disparities in export infrastructure as coastal states have performed extremely well compared to the landlocked states in developing export promotion parks and hubs.
Poor trade support and growth orientation among states: There is an absence of strong support towards the exporters from many state governments in improving their quality or quantity.
Poor research & development infrastructure to promote complex and unique exports curbing the innovative tendencies at the subnational level.
Why India Needs an Export-Led Growth?
Economic Survey 2019 has advocated an export-led growth model for India for reasons:
Exports can help India to achieve the target of making India a developed economy by focusing on ‘Atma Nirbhar Bharat’.
Economic Growth: Higher exports draw more foreign remittances, create more jobs and lower the current account deficit, creating demand and infrastructure.
Major economies around the world are also major exporters. To corroborate this claim, it is to be noted that China is the world’s leading exporter of goods.
Becoming a part of Global Value Chains: Exports give domestic sellers increased access to the market that helps in presenting a golden opportunity to capture a good chunk of global market share.
Mitigate Regional Disparities: Improving the export competitiveness of states can mitigate regional disparities through export-led growth and the consequent rise in standard of living.
The Economic Survey established that states which engage with the world markets as well as with the other states within the country are richer.
Initiatives to enhance trade
Focus on Agricultural Products: Pro-active support of export promotion agencies including Export Inspection Council, Plantation Boards, and Agricultural and Processed Food Products Export Development Authority (APEDA), and export facilitating measures like online issuance of certificates required for exports, aided growth of agricultural exports.
Interest Equalisation Scheme: This Scheme was formulated to give benefit in the interest rates being charged by the banks to the exporters on their pre- and post-shipment rupee export credits.
Remission of Duties and Taxes on Exported Products (RoDTEP) scheme: The scheme seeks remission of Central, State and Local duties/taxes/levies at different stages at the Central, State, and local level, which are incurred in the process of manufacturing and distribution of exported products, but are currently not being refunded under any other duty remission scheme.
Export Credit Guarantee: The Export Credit Guarantee Corporation (ECGC) supports Indian exporters and banks by providing export credit insurance services. ECGC provides insurance cover on the export consignment to protect exporters from the consequences of the payment risks. It also provides Export Credit Insurance to Banks (ECIB) to protect the Banks from losses on account of export credit given to exporters due to the risks of insolvency and/or protracted default of the exporter borrower.
Krishi Udan Scheme: Krishi Udan Scheme was launched in August 2020 on international and national routes to assist farmers in transporting agricultural products so that it improves their value realisation. Krishi Udan 2.0 was launched in October 2021 enhancing the existing provisions, mainly focusing on transporting perishable food products from the hilly areas, North-Eastern states, and tribal areas.
Trade Infrastructure for Export Scheme: The Scheme provides financial assistance in the form of grant-in-aid to Central/State Government owned agencies for setting up or for up-gradation of export infrastructure as per the guidelines of the Scheme
Districts as Export Hubs – One District One Product (ODOP) Initiative: The Districts as Export Hubs-ODOP initiative is aimed at targeting export promotion, manufacturing, and employment generation at the grassroots level, making the States and Districts meaningful stakeholders and active participants in making India an export powerhouse The initiative is also aimed at fostering balanced regional development across all districts of the country. It seeks to select, brand, and promote products/services from each district of the country for enabling holistic socioeconomic growth across all regions, and attract investment in the district to boost manufacturing and exports.
Recommendations of High Level Advisory Group (HLAG) by Ministry of Commerce
Technology
Has a profound influence on manufacturing. It will more significantly impact the relative competitiveness of exports. Tools like big data analytics, industry 4.0 must be leveraged.
Financial support to industry
Government should aim for an effective corporate tax rate of 18%. It should also bring down the cost of capital to an average of 10 best performing OECD countries.
Enhance capital base of EXIM Bank and Export Credit Guarantee Corporation.
Good Governance
Promote evidence based policy making with a well structured Management Information System (MIS).
Also, strengthen the investment promotion agency and build an overarching Trade Promotion Organisation.
Identify Champion sectors
This will help overcome challenges of infrastructural deficiency. 12 champion services present comprehensive potential to enhance GDP.
Link into Global & Regional Value Chains
Integrated approach towards trade in goods, services & investments requires a strategy of generally lower & simplified tariffs. Need to identify products & segments where Indian firms can integrate into GVCs.
Use of World Trade Organisation: as part of its overall strategic vision
Constitute inter-ministerial group to disseminate and evolve national official thinking on WTO related issues.
Role of Regional Trade Agreements (RTAs) is crucial
However, a comprehensive yet selective & inclusive approach is required.
Launch 5 year program for negotiation of FTA - identified based on complementarity & sustainability.
Context: The Supreme Court has directed States and other authorities not to delay their decision on mercy petitions filed by death row convicts, to avoid the condemned persons from gaining any advantage or benefit from the holdup.
In Pardon, it affects both the punishment prescribed for the offence and guilt of the offender. A full pardon may completely erase the guilt.
‘Reprieve’ means a temporary suspension of the punishment awarded by a court of law. For example: Putting a stay order on the death sentence of a convict for certain temporary period.
'Respite’ means postponement of the sentence of punishment or reducing the sentence due to certain special circumstances such as disability, pregnancy etc.
Commutation means changing the punishment from one category to another, such as changing the death sentence to life imprisonment. Remission is the reduction of the amount of a sentence without changing its character. Example: A person is imprisoned for14 years in solitary confinement. In Remission, his sentence might be reduced to 10 years but the nature i.e., solitary confinement will not change.
Can Judicial Review can be applied for clemency power
In the case of Epuru Sudhakar v. Government of Andhra Pradesh, the Supreme Court laid down that judicial review under Articles 72 and 161 is available on the following grounds:
a. That the order has been passed without application of mind.
b. That the order is mala fide.
c. That the order has been passed on extraneous or wholly irrelevant considerations.
d. That the order suffers from arbitrariness.
The Court also held that pardon obtained based on manifest mistake or fraud can also be rescinded or cancelled.
The Court further elaborated that if power under Article 72 is exercised on irrational, irrelevant, discriminatory grounds or in bad faith, then in such cases Court can examine the case and intervene if necessary.
Do the President/Governor have discretion while exercising clemency powers?
Power to pardon vested in the President under Article 72 shall not be exercised independently without the aid and advice of Home minister.
In the case of Maru Ram v. Union of India, Supreme Court held that under Article 72, the President cannot take an independent decision or direct release or refuse release on his own choice.
This has been done to avoid any decision made on arbitrary grounds or on some partial grounds of religion, caste, colour or political loyalty.
Mercy Petition
Appeal beyond SC - If the Supreme Court turns down the appeal against capital punishment, a condemned prisoner can submit a mercy petition to the President of India and the Governor of the State.
Powers of the President & the Governorsunder Articles 72 and 161 - “to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
Decision Based on Aid & Advice of CoM - The power to be exercised under Article 72 & 161 respectively by President and Governors need to be exercised in conformity with the aid and advice of the Council of Ministers under Articles 74 and 163.
Decision not constrained by time - Clemency powers of President and Governor under Articles 72 and 161 respectively can be exercised before, during or after the trial.
Final Opportunity for the Convict – It also allows both executive and judiciary to investigate the matter with compassionate ground.
USA - Indian President’s power of pardon is almost like that in America or Britain. The American President has power to grant reprieves and pardons for offences committed against United States except in cases of impeachment.
In Britain, the Crown enjoys a prerogative to grant pardon to any criminal but the prerogative is exercised on ministerial advice.
Power of Remission Under Cr.Pc Different From Constitutional Powers of Pardon
Suspend or Remit - Criminal Procedure Code (Cr.PC) under Section 432 empowers central and state government to suspend or remit a sentence, in whole or in part, with or without conditions.
Commutation - Section 433 empowers central and state governments to commute death sentence, imprisonment for life and rigorous imprisonment to a lesser degree.
State Government to Consult the Centre - Section 435 of Cr.PC states that powers of state government to suspend, remit or commute a sentence must be done in consultation with the central government if:
The case was investigated by any other agency empowered to make an investigation into an offence under any Central Act.
The offence involved misappropriation or destruction of, or damage to, any property belonging to the Central Government, or
The offence was committed by a person in the service of the Central Government while acting in the discharge of his official duty.
Section 433A adds a restriction on powers of remission or commutation in certain cases.
It states that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or o
where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he has served at least 14 years of imprisonment.
Article 161 overrides Section 433A of Cr.PC - Supreme Court has held that powers of Governor under Article 161 to pardon override the restrictions imposed under Section 433-A of the Criminal Procedure Code even if the prisoner has not undergone 14 years or more of actual imprisonment.
Section 433-A of Cr.PC does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution.
If the prisoner has not undergone 14 years or more of actual imprisonment, the Governor has a power to grant pardon. Such power is in exercise of the power of the sovereign, even though the Governor is bound to act on the aid and advice of the State Government.
Context: Recently the National Commission for Protection of Child Rights (NCPCR) filed an intervention application in the Supreme Court in the matter of Amburi Roy vs Union of India, opposing adoption by gay couples.
The petition that the commission has opposed is seeking declaration of unconstitutionality of Section 5(2) and 5(3) of the Adoption Regulations, 2022.
Section 5 of adoption regulations deals with eligibility criteria for prospective adoptive parents, their physical, emotional, mental and financial capability as well as criminal records or records of abuse.
Section 5(2) A says a child can be adopted only if “there is consent of both the spouses for the adoption in case of a married couple”. The regulation goes on to say that a single woman can adopt a child of any gender, but “a single male shall not be eligible to adopt a girl child”.
Section 5(3) says that no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship, except in the case of relatives or step-parent adoption.
CARA:
Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development.
CARA attained the status of a Statutory Body in 2016 under JJ Act, 2015.
It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
In 2018, CARA has allowed individuals in a live-in relationship to adopt children from and within India.
Benefits of adoption
Adoption can provide a child with the critical resource needed for a healthy and stable living
Allows mother to continue pursuing their goals without putting their education or career on hold.
Relieves the financial and emotional stress of unplanned pregnancy and single parenting
Gives an opportunity to help hopeful parents who would not be able to have a child otherwise
NCPCR:
National Commission for Protection of Child Rights (NCPCR) is a statutory body under the Commissions for Protection of Child Rights (CPCR) Act, 2005
The Commission works under the aegis of Ministry of Women and Child Development, GOI
The body is mandated to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and the UN Convention on the Rights of the Child
Context: Grassroots Innovations Accelerator program has been announced at the ongoing Festival of Innovation and Entrepreneurship (FINE) 2023.
Grassroots Innovations Accelerator program
Aim: To help grassroots innovators in farming with support for entrepreneurial, product and market development.
The program is a result of a partnership between the NIF Incubation and Entrepreneurship Council (NIFientreC), a Technology Business Incubator(TBI) hosted by the National Innovation Foundation and Publicis Sapient, a digital business transformation company.
This program is in sync with Sustainable Development Goal (SDG) 9, adopted by the United Nations General Assembly in 2015 to build resilient infrastructure, promote sustainable industrialization and foster innovation.
Festival of Innovation and Entrepreneurship
The Festival of Innovation and Entrepreneurship (FINE) is organized annually by the National Innovation Foundation.
It aims to recognize, respect, showcase, and reward innovations while discussing the ways to raise the profile of India’s innovation and entrepreneurship ecosystem.
National Innovation Foundation
National Innovation Foundation is an autonomous body of the Department of Science and Technology established in 2000.
It is India’s national initiative to strengthen grassroots technological innovations and outstanding traditional knowledge.
Its mission is to help India become a creative and knowledge-based society by expanding policy and institutional space for grassroots technological innovators.
Context: Union Minister for Fisheries, Animal Husbandry and Dairying launched the Animal Pandemic Preparedness Initiative and Animal Health System Support for One Health under the aegis of National One Health Mission to enhance India's preparedness and response to potential animal pandemics.
Animal Pandemic Preparedness Initiative
This initiative aims to enhance India's preparedness and response to animal pandemics, with a focus on zoonotic diseases that pose a threat to both animal and human health.
It will cover all aspects of disease prevention, control and pandemic preparedness and awareness among farmers through community outreach. The key elements include Integrated disease surveillance & monitoring, early warning & response, Vaccine/ diagnostics, R&D and production, and ecosystem coordination with funding and regulatory framework enablers.
Animal Health System Support for One Health
The World Bank-funded project aims at creating an ecosystem for a better animal health management system using the One Health approach covering five (05) states in India.
Rationale: Strengthening animal health systems and implementing the One Health approach can better prevent and control zoonotic diseases, which not only impact the health and welfare of animals but also has a significant economic impact and human health concerns.
Context: There is a consistent effort by the opposition parties in India to build unity but has failed in past two general elections.
The topic of the role of opposition in Indian democracy holds significant relevance for the UPSC CSE (Civil Services Examination) preparation as it is directly connected to the syllabus of GS Paper II (Parliament: Issues and Challenges). Understanding the functions and challenges faced by the opposition in a democratic system is essential for aspirants to have a comprehensive understanding of the functioning of the Indian polity.
The main parts of this article will delve into the crucial role played by the opposition in a democracy, the factors that hinder the growth of a robust opposition in India. Furthermore, the article will discuss the issue of formally recognizing opposition parties and the Leader of the Opposition (LoP) in the Lok Sabha under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, and the implications of not recognizing the leader of the largest opposition party in the 16th Lok Sabha. The article will highlight the need to revisit this matter in the context of the 17th Lok Sabha, which witnessed a fiercely fought election and a decisive victory for the ruling alliance.
The crucial role played by the opposition in a democracy
In the context of Indian democracy, the opposition plays a crucial role as a check and balance on the ruling party or coalition. According to the principles of political science, the opposition serves as an important component of the democratic system, providing a counterforce to the government and serving as the voice of dissent and alternative policy proposals.
The opposition acts as a "loyal opposition" by holding the government accountable for its actions, policies, and decisions. This involves engaging in constructive criticism, raising questions, and demanding transparency and accountability from the ruling party. The opposition plays a vital role in scrutinizing the government's actions and policies to ensure that they are in the best interest of the people and in line with democratic norms and principles.
The opposition serves as a "watchdog" by monitoring and critiquing the performance of the government. Through parliamentary debates, discussions, and other forums, the opposition brings attention to any shortcomings, failures, or irregularities in the government's actions, policies, and implementation. This helps in maintaining transparency, integrity, and effectiveness in governance.
The opposition acts as a "representative of diverse voices" by providing a platform for marginalized or underrepresented groups to voice their concerns and opinions. The opposition often represents different ideologies, interests, and perspectives, providing a forum for deliberation and debate on various issues affecting society. This helps in promoting inclusivity, diversity, and representation in the decision-making process.
The opposition also plays a crucial role in "ensuring a competitive political environment" by offering an alternative vision and policy proposals to the ruling party. It acts as a catalyst for healthy competition, which is essential for a vibrant and dynamic democracy. The opposition also serves as a "potential alternative government" by presenting itself as a credible option to the ruling party, providing choices to the electorate during elections.
Hence we can see that the role of the opposition in Indian democracy, as per political science principles, includes holding the government accountable, acting as a watchdog, representing diverse voices, promoting competition, and offering alternative policy proposals. It serves as a crucial check and balance on the ruling party, contributing to the functioning and health of the democratic system.
Currently, we have a weak and divided opposition. Even Supreme Court Chief Justice NV Ramana recently lamented, “There used to be mutual respect between the government and Opposition. Unfortunately, the space for Opposition is now diminishing.” Some feel that the secret weapon
Factors that Hinder Growth of Robust Opposition
India is unable to produce robust Opposition parties or leaders due to several features of its system of government. At least six fundamental problems come to mind:
First, by not giving Opposition parties any power whatsoever, our system ensures that they don’t last.
By design, and in the name of efficiency, the parliamentary system keeps the Opposition toothless. It can make speeches, ask questions in Parliament, or walk out.
But it cannot pass legislation, affect government programmes, or influence executive officials. This makes the members of the Opposition useless to their constituents. Within a short while, they begin to lose support.
Second, our system grants power to parties, not to individual MPs. This causes fragmentation of the Opposition. Ambitious Opposition leaders must form their own outfits to bargain with the ruling party and come to power. Small local and regional parties proliferate.
Third, India’s system impairs the Opposition by driving them to vote banks and extremism. To stay relevant and avoid breakups, parties begin to represent one special interest, caste, or religion. They inflame the feelings of their constituents, make outrageous promises, and breed hatred of other groups. Since in the parliamentary system, there are no nationwide elections, parties don’t have to come together on a centrist programme.
Fourth, our system also doesn’t help Opposition parties acquire good leaders or become strong organisations. Most parties stay small due to the reasons cited above, and thus remain one-man shows.
Fifth, our system doesn’t provide Opposition parties with institutions to hone their skills. Unlike the UK, India’s Opposition is not offered a shadow Cabinet, or opportunities to pass private member bills. So the Opposition always lacks an agenda, and its members become party hacks adept only at bluster.
And last but perhaps worst, India’s system allows the ruling party to scare the Opposition into submission. The use of the CBI, tax, and other government agencies against Opposition leaders is commonplace. This harms their reputation and scares good people away from politics.
Lok Sabha under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
After the election of the Lok Sabha Speaker, the question of a formally recognised Opposition party and Leader of the Opposition (LoP) of the Lok Sabha under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977, will arise.
The Act extends to LoPs in the Lok Sabha and the Rajya Sabha the same official status, allowances and perks that are admissible to Cabinet Ministers. In the case of the Lok Sabha, however, this is subject to recognition of the leader by the Speaker. In the 16th Lok Sabha, the largest party in the Opposition, the Congress, had 44 seats. After careful consideration, it was decided not to recognize the party’s leader as LoP. Now, the matter needs to be revisited in the context of the 17th Lok Sabha.
The election to the 17th Lok Sabha was the most fiercely and bitterly fought one in the history of the Republic. The decisive victory of the ruling alliance and its leadership has been widely welcomed as being in the best interests of the polity and the people. Above everything, the nation needs a stable government and a strong leader capable of taking firm decisions to ensure security, development and good governance within the rule of law.
However, for the success and survival of democracy, an effective Opposition is also a categorical imperative. It is said that if no Opposition exists, one may have to be created. Also, if there is no Opposition outside, there is every danger that it may grow within.
Leaders of Opposition over time
The 1977 Act defines LoP as that member of the House who is the “Leader in that House of the party in opposition to the Government having the greatest numerical strength and recognised as such by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.”
The Speaker’s decisions in this regard have so far been determined by Direction 121(c) which laid down one of the conditions for recognition of party or group as having “at least a strength equal to the quorum fixed to constitute a sitting of the House, that is one-tenth of the total number of members of the House”.
The Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 also refers to a recognised party in the Lok Sabha as a party that has not less than 55 members.
In the recently concluded election to the Lok Sabha, the Opposition was decimated, but thankfully not obliterated. In fact, the largest party in Opposition, the Congress, has improved its position from 44 in 2014 to 52 now. It is short of only three members to reach the magical number of 55. Given the level at which ground-level politics has been operating in recent decades, it should not be difficult for the Congress leadership to augment its party strength by three members. At the same time, the ruling dispensation is expected to show magnanimity at this hour of its splendid victory, and the new occupant of the office of Speaker, realising the importance of an effective and respected Opposition in a democracy, may reconsider the content of Direction 121(c) suitably.
The Speaker’s discretion
Since there is no constitutional provision, the 1977 law does not provide for the requirement of 55 members as an essential pre-requisite. As it all depends on the Speaker’s directions and discretion, it may be hoped that rightful action will be taken. The simple way out is to substitute ‘pre-poll alliance’ for ‘party’ or say ‘party or pre-poll alliance’. In any case, pre-poll alliances are a fact of our political life and are already being extended credibility and legitimacy in the matter of the President and Governors deciding on who to call first for forming the government in cases where no party secures a clear majority support in the House.
Incidentally, what is decided in the matter of recognition of the LoP, and in treating pre-poll alliances at par with parties, may hold tremendous potential for the growth of a sound two- or three-party (or alliance) system. It could end the present system, a preposterous one, of more than 2,000 parties being registered with the Election Commission. If and when the much-awaited law for political parties is enacted, it may provide for candidates of an alliance contesting on a common symbol and an agreed common minimum programme with only national alliances or parties contesting for the Lok Sabha. These aspects, however, call for separate in-depth analysis, consideration and debate.
In conclusion, the role of the opposition in Indian democracy is of paramount importance in ensuring a healthy and functioning democratic system. The opposition acts as a check and balance on the ruling party, holding the government accountable, acting as a watchdog, representing diverse voices, promoting competition, and offering alternative policy proposals. However, there are several factors that hinder the growth of a robust opposition in India, including the lack of power, fragmentation, reliance on vote banks, absence of strong leaders and institutions, and the use of government agencies against the opposition.
The issue of formally recognizing opposition parties and the Leader of the Opposition in the Lok Sabha under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 is a matter of significance. The absence of a recognized leader of the opposition can weaken the functioning of the parliamentary system and diminish the space for dissent and accountability. In light of the challenges faced by the opposition in India, there is a need to revisit this matter in the context of the 17th Lok Sabha, which has witnessed a fiercely fought election and a decisive victory for the ruling alliance.
Context: The Government developed National Credit Framework (NCrF) to integrate learning on all dimensions i.e., academics, vocational skills and experiential learning including relevant experience and professional levels acquired. The National Credit Framework (NCrF) provides for Assignment, Accumulation, Storage, Transfer & Redemption of Credits through Academic Bank of Credits.
Proposed benefits for various stakeholders are as follows:
Students: NCrF will ensure Flexibility in the duration of study/ courses through provisions of multiple entries and exit/work options as well as pave the path for creditisation of all learning hours, including academic, vocational and experiential learning. It will also give the provision for lifelong learning – any time anywhere learning: It will also help students by:
Establishing multidisciplinary and holistic education with flexible curricula
Removing the hard distinction between the education stream and making study choices respectful, allowing for more than one award in the same period
Removing the distinction between arts, science, social sciences, commerce, etc
Giving student credits for every academic/ skill/ experience
Enhancing the scope of core learning to include foundational and cognitive both
2. Institutions: NCrF will bring about a unification of higher education institutions to promote multidisciplinary education, creating a diverse and rich students knowledge base. It will also help in:
Promoting stronger collaboration between institutions
Making credit mechanism simpler and uniform
Increasing focus on research and innovation
Promoting digital learning, blended learning, and open distance learning
Leveraging the institutional infrastructure
3. Government: NCrF is expected to assist the government to increase the enrolment of students, helping to fulfil the national vision of complementing the demographic dividend and transforming India into the Skill Capital of the World. It will also:
Making vocational education and training/ skilling aspirational
Highly educated and trained workforce for Aatmnirbhar Bharat
4. Industry: NCrF will allow students to attain NSQF-approved foundational skills developed by industry and be more employable. The provision of micro-credentials will allow integration of quick educational upgradation/ up-skilling It will also help in:
Re-Skilling and up-skilling of existing employees/ engineers
Making students more employable by enabling a more holistic design of the study
Creating a multi/ cross-sectoral skilled pool of employable youth
Need for Academic Bank of Credit scheme:
India has a long tradition of holistic and multidisciplinary learning, from universities such as Takshashila and Nalanda, to the extensive literatures of India combining subjects across fields. Integrating the humanities and arts with Science, Technology, Engineering and Mathematics (STEM) improves learning outcomes, creativity, innovation, critical thinking, social awareness and responsibility among the students. National Education policy (2020) also suggested the need for Holistic and multi-disciplinary education to lead India into 21st century and 4th Industrial revolution.
However, not every Higher education institution in India can provide such a multidisciplinary education due to shortage of faculty, limited financial resources and lack of institutional autonomy in setting curriculum.
To overcome these challenges, National education policy suggested Academic Bank of credits (ABC) scheme. UGC has recently notified the scheme.
Academic Bank of credit scheme:
Academic Bank of Credits (ABC) is a virtual/digital storehouse that contains the information of the credits earned by individual students throughout their academic journey.
Academic Bank of Credits shall provide to every student the facility to open unique or individual Academic Bank Account in digital form. When a student pursues any course and clears exams, credits will be automatically awarded to them. Institutions need to fill out the details and upload the deposits in the students’ Academic Credit Bank’s account on the digital portal.
ABC will allow students of undergraduate and postgraduate degree courses to exit the course and enter within a stipulated period. The student can earn up to 50 per cent credits from outside the college/university where she/he is enrolled for the degree/diploma programme.
Advantages:
Option to exit and enter: If any student needs to get back to education after a break or has to relocate to another city, they can easily ‘carry’ forward their completed credits.
Wider choice to students:
As multiple institutes are connected to the ABC portal, one can be formally enrolled in university ‘A’ but can choose to do some courses from university ‘B’, some more from university ‘C’ and so on and all of these would count towards the student’s degree.
Students also can join online courses offered by MOOCs like SWAYAM or NPTEL (National Programme on Technology Enhanced Learning) and add these credits to my ABC.
Reduces the burden on institutions: It reduces the burden on any single institute to float an unmanageable number of courses and increases the competition among institutes.
Problems:
Grade inflation: Massive Open Online Courses (MOOC) platforms such as SWAYAM and NPTEL are ‘supposedly designed’ for large enrolments. one of the metrics for success of these courses is student performance in the final assessment. Thus, it would be in the interest of course coordinators to award scores liberally and paint a rosy picture.
Dilution of Quality of degrees: An average student from premier institute like IIT/IISER may find it tempting to opt out of a challenging course in my institute and use the ABC scheme to replace it with an equivalent course from another
university where it would be far easier to obtain good grades.
Contraction of teaching posts in small institutes: The ABC scheme specifies that students can avail up to 50% of credits from other institutes. students avail these credits outside the parent college, they need not enrol for the corresponding in-house courses. As the number of teaching posts in any higher education institute are calculated on the basis of student enrolment numbers, when a large fraction of students do not enrol for the courses offered by them it might result in co traction of teaching posts in those institutes.
As a whole, this scheme has all the right and laudable intentions and would probably work well in a society with a more equitable distribution of resources. But in India, where the quality of education varies drastically from one institute to the next, this can lead to unmanageable academic and administrative issues in higher education institutes with brand names, and lead to a contraction in the number of teaching posts in smaller higher education institutes. The UGC must rethink expeditiously how to implement this scheme.
Context: Gangster-turned-politician Atiq Ahmed’s son Asad and his aide Ghulam, both wanted in connection with the Umesh Pal murder case, were killed in an encounter on Thursday at Jhansi. On these extra-judicial killings, popularly known as “encounters”, the National Human Rights Commission (NHRC) and subsequently, the Supreme Court have laid down proper guidelines and procedures to be followed to prevent any misuse of power by the law enforcement agencies.
Extra Judicial Killing
Extrajudicial killing is an illegal execution. It is a disregard for basic human rights which is the right to life. Though there is no legal definition of extrajudicial killing it is usually described as an unlawful killing of a person by any government authority or individual without any approval of legal proceedings or government order.
Humans are entitled to basic civil, political, economic, social, and cultural rights. Article 20(1) of the Indian constitution provides the citizens with protection in respect of conviction for offenses and Article 21 with protection of life. Extrajudicial or unlawful killing on the other right is a clear violation of these human rights.
Apart from this such killings also violates the fundamental rights of the citizens as enshrined under Article 14 (the right to equality) as well as Article 22 (the right to be protected against arrest and detention) .
NHRC Guidelines
In March 1997, former CJI Justice M N Venkatachaliah wrote to all Chief Ministers saying that the NHRC was receiving complaints from the general public and NGOs that instances of fake encounters by the police were on the rise, and that the police kills accused(s) instead of subjecting them to the due process of law.
The following directions were issued in that case:
Register FIR:
when in charge of Police Station receive information about the death in an encounter, he shall record the information in the appropriate register.
Investigation:
Received information shall be regarded as sufficient to suspect and immediate steps must be undertaken to investigate the relevant facts and circumstances leading to the death so as to ascertain if any offence was committed and by whom.
Compensation:
It is generally granted to the dependent of the deceased when police officers are prosecuted on the basis of result of investigation.
Independent Agency:
When the police officer of certain police station are member of encounter party, it is appropriate that the case for investigation are referred to some sorts independent agency such as state CID.
In 2010 NHRC realized that most of the states are not following the guidelines, so it further suggested:
Magistrate Probe:
A magisterial enquiry must be held in all cases of death which occurs in the course of police action, as expeditiously as possible, preferably within three months.
Reporting commission:
All death in police station shall be recorded to Commission by Senior Superintendent of Police within 48 hours of such death and second report must be sent to Commission within 48 hours by providing information like post mortem report, finding the magistrate enquiry by senior officers etc.
Submission of report
It also made it mandatory for submission of post mortem report, inquest report, and findings of magisterial enquiry after every such death.
On September 23, 2014, a bench of then CJI RM Lodha and Rohinton Fali Nariman issued detailed guidelines enumerating 16 points to be followed “in the matters of investigating police encounters in the cases of death as the standard procedure for thorough, effective and independent investigation.” The guidelines came in the case “People’s Union for Civil Liberties v State of Maharashtra”
Whenever the police is in receipt of any intelligence or tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offence, it shall be reduced into writing in some form (preferably into case diary) or in some electronic form.
If pursuant to the tip-off or receipt of any intelligence, as above, encounter takes place and firearm is used by the police party and as a result of that, death occurs, an FIR to that effect shall be registered and the same shall be forwarded to the court without any delay.
An independent investigation into the incident/encounter shall be conducted by the CID or police team of another police station under the supervision of a senior officer (at least a level above the head of the police party engaged in the encounter).
A Magisterial inquiry must invariably be held in all cases of death which occur in the course of police firing and a report thereof must be sent to Judicial Magistrate having jurisdiction.
The involvement of NHRC is not necessary unless there is serious doubt about independent and impartial investigation. However, the information of the incident without any delay must be sent to NHRC or the State Human Rights Commission, as the case may be.
The injured criminal/victim should be provided medical aid and his/her statement recorded by the Magistrate or Medical Officer with certificate of fitness.
It should be ensured that there is no delay in sending FIR, diary entries, panchnamas, sketch, etc., to the concerned Court.
After full investigation into the incident, the report should be sent to the competent court . The trial, pursuant to the chargesheet submitted by the Investigating Officer, must be concluded expeditiously.
In the event of death, the next of kin of the alleged criminal/victim must be informed at the earliest.
Six monthly statements of all cases where deaths have occurred in police firing must be sent to NHRC by DGPs. It must be ensured that the six monthly statements reach to NHRC by 15th day of January and July, respectively.
If on the conclusion of investigation the materials/evidence having come on record show that death had occurred by use of firearm amounting to offence under the IPC, disciplinary action against such officer must be promptly initiated and he be placed under suspension.
As regards compensation to be granted to the dependants of the victim who suffered death in a police encounter, the scheme provided under Section 357-A of the Code (Code of Criminal Procedure, 1973) must be applied.
The police officer(s) concerned must surrender his/her weapons for forensic and ballistic analysis, including any other material, as required by the investigating team, subject to the rights under Article 20 of the Constitution.
An intimation about the incident must also be sent to the police officer’s family and should the family need services of a lawyer / counselling, same must be offered.
No out-of-turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are given/recommended only when the gallantry of the concerned officers is established beyond doubt.
If the family of the victim finds that the above procedure has not been followed or there exists a pattern of abuse or lack of independent investigation or impartiality by any of the functionaries as above mentioned, it may make a complaint to the Sessions Judge having territorial jurisdiction over the place of incident.
Way forward
Encounter killings must be investigated independently as they affect the credibility of rule of law. There is a need to ensure that there exists a rule of law in the society that needs to be adhered to by every State authority and the masses. Ensuring proper physical custody of the accused in order to prevent any attack by them on the police personnel. Further, there is a dire need for complete overhauling of the criminal justice system and bringing out required police reforms.
Context: Advocate Prashant Bhushan argued that instead of implementing the new recruitment scheme, the government should complete the old process and cited the doctrine of promissory estoppel.
What was the case?
Advocate Prashant Bhushan who appeared for some of these candidates told the apex court that their names appeared in a provisional list for recruitment to Air Force but the recruitment process was cancelled when the Agnipath scheme was notified.
He argued that the government must be directed to complete the old process citing the doctrine of promissory estoppel.
Bhushan argued that there was a written exam, physical test, and medical exam conducted under the old recruitment process after which a provisional selection list was published with the ranks.
Thereafter for more than one year, every three months they kept saying that appointment letters were going to be issued, however, they were postponed due to Covid-19, etc.
In the meantime, they did recruitment rallies for the same posts claiming it was for fast-track recruitments to address the demographic imbalance to recruit tribal people, etc.
He added that these candidates had got jobs in BSF and other paramilitary organisations, but had refused as they were told that Air Force recruitment letters will be issued.
What is the doctrine of promissory estoppel?
Promissory estoppel is a concept developed in contractual laws.
A valid contract under law requires an agreement to be made with sufficient consideration.
A claim of the doctrine of promissory estoppel essentially prevents a “promisor” from backing out of an agreement because there is no “consideration.”
The doctrine is invoked in court by a plaintiff (the party moving court in a civil action) against the defendant to ensure the execution of a contract or seek compensation for failure to perform the contract.
In a 1981 decision in Chhaganlal Keshavalal Mehta v. Patel Narandas Haribhai, the SC lists out a checklist for when the doctrine can be applied.
First, there must be an unambiguous promise.
Second, the plaintiff must have acted relying reasonably on that promise.
Third, the plaintiff must have suffered a loss.
How does it relate to the Agnipath case?
Bhushan’s argument invoking the doctrine essentially means that the government’s actions of putting up a shortlist etc would be a “promise” made by it.
The other party here — the candidates acted based on that promise — they refused other jobs in CRPF, BSF etc and now must be compensated for their loss.
However, the judges quickly refused this argument. CJI DY Chandrachud pointed out that “promissory estoppel is always subject to the overarching public interest”.
Justice PS Narasimha added that “this is not a contract matter where promissory estoppel in public law was applied, it is a public employment” and that “the question of applying this principle will not arise in this case”.
