GS Paper 2

If Governor withholds nod, it means Bill is dead

Context:  Recently, Tamil Nadu Governor said that if a Governor withholds assent to a Bill passed by the Assembly, it means the “Bill is dead”. 

More about the news:

The Supreme Court has defined withholding assent as the Bill falls through, the Bill is dead.

Under Article 200, once a Bill has been passed by the State Legislature, then the Governor has three options:

 1. Either he assents to the Bill; or

 2. He withholds assent therefrom; or 

 3. Reserves the Bill for the consideration of the President.

  •  The Governor as soon as possible shall return the Bill for the consideration of the House with his message as to what provisions of the Bill should be reconsidered by the Assembly. Now, the term “as soon as possible” has not been defined. 
  • Now, when the Bill is so returned, the Assembly shall reconsider the Bill and look into the suggestions or messages of the Governor regarding any specific provision. 
  • However, if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom. 
  • The Governor does not have discretion on matters of the Assembly and is bound to follow the advice of his Council of Ministers even on matters where he/she might be withholding assent.
  • Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. 
  • In the entire provision of Article 200, no time frame as such has been provided. So, if the Bill is even reserved for the President’s Assent, then he is not time bound to accept or reject the Bill.

Is the president bound to accept or reject the bill which is reserved for president under Article 201? 

Article 201- Bills reserved for President’s consideration 

  • When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom.
  • Provided that, where the Bill is not a Money Bill - the President may direct the Governor to return the Bill to the House or Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200. 
  • And when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, 
  • if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. 

Note - Even under Article 201, no time limit has been provided under which the President has to assent or reject the Bill once the Governor reserve the Bill for President’s Assent.

The Article ends with the words that the Bill shall again be presented again to the President for his consideration. But what happens after the Bill is presented again has not been mentioned. So, technically, the President is not time bound to assent or reject the Bill which is sent again for his consideration and the Bill can be delayed.

The Supreme Court order in Shamser Singh vs State of Punjab (1975) that “the constitutional conclusion is that the Governor is but a shorthand expression for the State government and the President is an abbreviation of the Central government.”

Motivated PILs pose grave danger to credibility of the judicial process

What is Public Interest Litigation (PIL) 

PIL has not been defined in any Indian statute. However, Courts have interpreted and defined PIL. The Hon’ble Supreme Court of India has, in the case of Janata Dal v. H.S.Chaudhary 1993, held that the expression ‘PIL’  means a legal action started in a court of law for the enforcement of public/general interest where the public or a particular class of the public some interest (including pecuniary interest) that affects their legal rights or liabilities.

Source of PIL

  • American law was the source of the term "public interest litigation," which was intended to provide legal representation to previously unrepresented groups such as the disadvantaged, members of racial minorities, unorganized consumers, and individuals who were enthusiastic about environmental issues, among others.

Who Can File a PIL?

  • Under Article 32 of the Indian Constitution, in the supreme court, Article 226 in the High Court, and Section 133 of the Criminal Procedure Code in the magistrate court, any citizen can file a public case by filing a petition. 
  • However, the petitioner must prove to the court's satisfaction that the petition is being filed in the public interest and not as a frivolous litigation by a busybody. The court may take cognizance of the matter and proceed with Suo motu, or any public-spirited individual may file a petition.
  • The concept of “Locus Standi” has been relaxed in the case of PILs so as to enable the Hon’ble Court to look into grievances that are filed on behalf of those who are poor, illiterate, deprived or disabled and are unable to approach the courts themselves.
  • A PIL can only be brought against the Central, state, or municipal governments and not against any individual. The Governmental and Parliament of India, each State's Government and Legislature, and all local or other authorities within the territory of India or under the control of the Government of India are all included in the definition of a state.

Genesis and evolution 

  • In the case of Mumbai Kamagar Sabha vs. Abdul Thai case, 1976, Justice Krishna Iyer laid the groundwork for the concept of public interest litigation in India.
  • Hussainara Khatoon vs. State of Bihar (1979), which focused on the inhumane conditions of prisons and under-trial prisoners and resulted in the release of more than 40,000 under-trial prisoners, was the first PIL case to be reported. These prisoners had been denied the fundamental right to speedy justice.
  • A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta v. Union of India. In this case it was held that any member of the public or social action group acting bonafide can invoke the Writ Jurisdiction of the High Courts or the Supreme Court seeking redressal against violation of a legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court. 
  • In 1981 the case of Anil Yadav v. State of Bihar, exposed the brutalities of the Police. Newspaper report revealed that about 33 suspected criminals were blinded by the police in Bihar by putting the acid into their eyes. Through interim orders Supreme Court directed the State government to bring the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil Yadav signalled the growth of social activism and investigative litigation.
  • In 1982, the Supreme Court in its far- reaching decision in the case of PUDR People's Union for Democratic Rights vs. Union of India, it recognised that a third party could directly petition, whether through a letter or other means, the Court and seek its intervention in a matter where another party's fundamental rights were being violated. In this case, adverting to the Constitutional prohibition on begar, or forced labor and traffic in human beings, PUDR submitted that workers contracted to build the large sports complex at the Asian Game Village in Delhi were being exploited.
  • The Supreme Court in Indian Banks' Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors, held that In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case.
  • In the case of M.C Mehta v/s Union of India 1987 - In a Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions , as he is the person interested in protecting the lives of the people who make use of Ganga water.

Significance of PIL 

  • Affordable legal remedy - In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.
  • Accessibility of justice - This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes.
  • Addressing larger public issues - through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.
  • Instrument of social change - PIL is working as an important instrument of social change. It is working for the welfare of every section of society. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional initiative towards the welfare of the needy class of the society. In Vishaka v. State of Rajasthan Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work.
  • Monitoring of state institutions - such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration.
  • Checks and balances – Provides a tool in the hands of the judiciary along with enhanced participation of the public to keep tab on executive and administrative actions.
  • Devising new kind of reliefs and techniques of fact finding - By fashioning new kinds of reliefs under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations.

Challenges 

  • Disturbing the constitutional balance of power- Although the Indian Constitution does not follow any strict separation of power, it still embodies the doctrine of checks and balances, which even the judiciary should respect. However, the judiciary on several occasions did not exercise self-restraint and moved on to legislate, settle policy questions, take over governance, or monitor executive agencies.
  • Frivolous use - PIL has become a tool for harassment as a result of the large number of insignificant cases that are filed by people with the minimal court fee. Numerous false PILs have been filed to obtain publicity for unworthy causes. Even chief justice of India D.Y. Chandrachud noted that PIL has become tool for harassment and several experts are of opinion that the letter ‘P’ has been substituted for publicity and private as against the original intention of Public.
  • Primacy to PIL cases over other cases - The debates over the limits of Judicial Activism in the area of PIL, have been vigorous. A private members bill entitled “Public Interest Litigation (Regulation) Bill, 1996” was tabled in the Rajya Sabha. The statement of objectives and reasons stated that PIL was misused in the name of providing justice to the poor sections of the society and also that PIL cases were given more priority over other cases which led to pending of several “general section cases” in the court for years. However, the bill was not passed.
  • Pendency of PIL cases - Adjudication takes several years as PIL cases further aggravate the challenges of already burdened judiciary.
  • Overuse-induced non-seriousness- PIL should not be the first step in redressing all kinds of grievances even if they involve public interest. In order to remain effective, PIL should not be allowed to become a routine affair which is not taken seriously by the Bench, the Bar, and most importantly by the masses. The overuse of PIL for every conceivable public interest might dilute the original commitment to use this remedy only for enforcing human rights of the victimised and the disadvantaged groups. If civil society and disadvantaged groups lose faith in the efficacy of PIL, that would sound a death knell for it.

Conclusion

PIL has an important role to play in the civil justice system in that it affords a ladder to justice to disadvantaged sections of society, some of which might not even be well-informed about their rights. Furthermore, it provides an avenue to enforce diffused rights for which either it is difficult to identify an aggrieved person or where aggrieved persons have no incentives to knock at the doors of the courts. PIL could also contribute to good governance by keeping the government accountable. Last but not least, PIL enables civil society to play an active role in spreading social awareness about human rights, in providing voice to the marginalized sections of society, and in allowing their participation in government decision making.

Plausible solution lies in introspection and exercise of rationality by the various stake holders. Firstly judiciary must exercise caution and restrain while entertaining the PILs , i.e. PILs should be admitted only when they comply with the guidelines of the SC. Frivolous PILs should be discouraged and penalised. There is need for sensitization of the lawyers and social activists too. Last but not least executive inaction creates space for such judicial activism so if the concern is blurring of the separation of power, executive must also act proactively.

Over Rs.40,700cr sectioned to 1.8 lakh accounts under Stand-up India

Context: Recently Government of India published data on the achievements of the Stand-up India scheme on the occasion of the completion of 7 years of Stand-up India on 5th April, the scheme was launched in the year of 2016 by the Ministry of Finance. The scheme has been extended to 2025.

Achievements of Stand-up India

  • Government underlines the fact that as much as Rs. 40700cr was sanctioned to over 1.8 million accounts under the scheme during the last seven years since its inception.
  • Of the funds sanctioned till March 21, 2023, about 80% of the loans have been given to women entrepreneurs.

The objective of the Stand-up India scheme

  • To facilitate bank loans between Rs. 10 lacks and Rs. 1 Crore to at least one Scheduled Caste (SC) or Scheduled Tribe (ST) borrower and at least one woman borrower per bank branch for setting up a greenfield enterprise. This enterprise may be in manufacturing, services or the trading sector.
  • In the case of non-individual enterprises at least 51% of the shareholding and controlling stake should be held by either an SC/ST or Woman entrepreneur.
  • Rupay debit card to be issued for the convenience of the borrower.
  • The web portal by SIDBI provides handholding support through a network of agencies engaged in training, skill development, mentoring, project report preparation, application filling, work shed/utility support services, subsidy schemes etc.

Eligibility

  • The applicant must be an entrepreneur.
  • If the applicant is a male, he must be from SC / ST category.
  • The age of the applicant must be at least 18 years.
  • The applicant must not be in default to any bank/financial institution.

Grant of bail: the question of delay, even in-laws like the NDPS Act

Context: Recently SC held that undue delay in the trial can be a ground for granting bail to an accused even under the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act.

What is bail?

  • The CrPC does not define the word bail but only categorizes offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
  • But in general, Bail is defined as the conditional release of a person accused of a crime, for an amount, pledged for the appearance of the accused when the same is due in court.  
  • The CrPC empowers magistrates to grant bail for bailable offences as a matter of right. This would involve release on furnishing a bail bond, with or without security.
  • Non-bailable offences are cognisable, which enables the police officer to arrest without a warrant. In such cases, a magistrate would determine if the accused is fit to be released on bail.

Types of Bail in India

There are three types of bail in India-

Regular bail:  

  •  Regular bail is the release of an accused from custody to ensure his presence at the trial in a non-bailable offence.

Interim bail:

  • This bail is granted as a temporary means and granted for a short period, either during the time of pendency of an application or when the application of anticipatory or regular bail is pending before the court.
  • It is always conditional and can be extended

Anticipatory bail:

  • Anticipatory bail is self-defining.
  • It is a type of bail that is given to someone who is in anticipation of getting arrested for a non-bailable offence by the police.
  • A person who has been granted anticipatory bail cannot be arrested by the police.

Conditions governing bail in a bailable offence:

  • Section 436(1) of Cr.P.C.  lays down the conditions under which bail can be granted for bailable offences committed under the Indian Penal Code (1862).
  • Whenever a person is arrested or detained by police for any non-bailable offence is produced before the court and is prepared to give bail, he may be released on bail.

Conditions governing bail in a non-bailable offence:

  • Section 437 of the Code of Criminal Procedure,1973 states that bail can also be granted for committing non-bailable offences.
  • However, here the discretion is that of the Court and the accused cannot claim it as a matter of right.

Conditions governing bail in anticipation of arrest:

  • Section 438 of the CrPC lays down the procedures for getting bail in anticipation of arrest for a non-bailable offence.
  • The provision was incorporated as per the recommendation of the report of the 41st Law Commission.
  • There should be an element of apprehension, i.e. the person seeking bail feels that he will be framed or arrested in a false case or someone having enmity with him will try to get him arrested on the pretext on a fabricated charge.
  • Anticipatory bail can be granted only by a High Court or a Court of Sessions.

Other conditions affecting the grant of anticipatory bail:

  • The person concerned will have to make himself available for interrogation by the police.
  • He shall not make any direct or indirect inducement, threat or promise to any person acquainted with the facts of the case.
  • He will not leave the country without the prior permission of the court.

Bail Reforms Required in India

  • Grant of bail should not depend on the sections in which a person is charged, i.e., on the nature and gravity of the offence (which is yet to be proved), but it should be evidence-based and the careful understanding of the judge as to the probability of the accused committing the offence.
  • Revamping the system of arrest. The system should be made more rational, fair and transparent. For this, Section 41 of Cr.P.C. should be amended.
  • All statutes and laws should emphasize the principle of ‘innocence unless proven guilty’ and should be amended to the extent required.
  • Requirement of bond or security can be rationalised to avail bail to poor
  • Section 436A of the Cr.P.C. needs further reforms to deal with under-trials.
  • This is a gross crime against humanity that can never be rectified.
  • Ensure speedy justice.
  • A separate law for bail as recommended by SC.
  • Bail can be granted without a Bail application.

India gets elected to UN Statistical Commission

Context: India has been elected to the United Nations Statistical Commission for a four­ year term beginning January 1, 2024. India secured 46 out of 53 votes in the election to the Commission.

United Nations Statistical Commission

  • The United Nations Statistical Commission (StatCom), established in 1947, is the highest body of the global statistical system bringing together the Chief Statisticians from member states from around the world.
  • It is responsible for setting statistical standards and the development of concepts and methods, including their implementation at the national and international level.
  • The StatCom oversees the work of the United Nations Statistics Division (UNSD) and it is also a Functional Commission of the UN Economic and Social Council.
  • Since 1999 the Commission meets every year, as set forth by the Economic and Social Council.
  • Location: Headquarters of the United Nations, New York, United States

Mandate

The terms of reference as set forth in Economic and Social Council resolution in 1946, state that the Commission shall assist the Council:

  • In promoting the development of national statistics and the improvement of their comparability
  • In the coordination of the statistical work of specialized agencies
  • In the development of the central statistical services of the Secretariat
  • In advising the organs of the United Nations on general questions relating to the collection, analysis and dissemination of statistical information
  • In promoting the improvement of statistics and statistical methods generally

Elections

The Commission consists of 24 member countries of the United Nations elected by the United Nations Economic and Social Council on the basis of an equitable geographical distribution according to the following pattern

1.African states (5)

2.Asian States (4)

3.Eastern European States (4)

4.Latin American and Caribbean States (4)

5.Western European and other States (7)

The term of office of members is four years.

FUNDAMENTAL PRINCIPLES OF OFFICIAL STATISTICS

  • The Fundamental Principles of Official Statistics were developed and adopted by the Conference of European Statisticians in 1991, which were subsequently adopted in 1992 at the ministerial level by the United Nations Economic Commission for Europe.
  • In 1994, these Principles were adopted by the United Nations Statistical Commission.
  • At its forty-second session in 2011, the Statistical Commission recommended the development of an updated preamble, which was presented and adopted in its forty-fourth session in 2013.
  • The United Nations General Assembly has endorsed the Fundamental Principles of Official Statistics in 2014, in its 68th session. 
  • These principles are considered a basic framework which all statistical activities developed by national and international organizations must follow in recognizing official statistics as a public good.
  • It is the first time the Fundamental Principles have received such high recognition at global political level.

SC quashes ban on media one

Context: Court lifts telecast ban on Malayalam channel Media One; says unguided and ad hoc use of sealed covers infringes natural justice and open justice.

More on news: The Supreme Court rapped the government for silencing voices in the media who “speak truth to power” by branding them “anti-establishment”, as well as for the state’s “unguided and ad hoc” use of sealed covers in courts to outsmart citizens’ rights to personal liberty, life and profession.

Observations of Supreme Court

  • The critical views about government policies cannot be termed anti-establishment. The use of such a terminology betrays an expectation that the Press must support the establishment.
  • An independent Press is vital for the robust functioning of the democratic republic. 
  • The Press has a duty to speak truth to power and present citizens with hard facts.
  • A homogenised view on issues that range from socio-economic polity to political ideologies will present grave dangers to democracy.
  • State’s “unguided and ad hoc” use of sealed covers in courts to outsmart citizens’ rights to personal liberty, life and profession.

Public interest immunity (PII) 

  • Though recognising the top court’s power to “secure confidential material in a sealed cover” under Rule 7 of the Supreme Court Rules of 2013, the CJI noted that the state’s frequent reliance on sealed covers to validate its actions in courts had reduced constitutional rights and procedural guarantees of a fair hearing under the law to a “dry parchment”.
  • The Supreme Court then evolved the “less restrictive” public interest immunity (PII) claims proceedings as an “alternative” to the sealed cover proceedings while dealing with state requests for confidentiality.
  • Under the alternative PII proceedings, the court would test the relevance of the material the state desires to be kept confidential in ‘public interest’. The court would appoint an amicus curiae in order to “balance the concerns of confidentiality with the need to preserve public confidence in the objectivity of the justice delivery system”.
  • Though the PII proceedings would be a “closed sitting”, a reasoned order, allowing or dismissing the PII claim of the state, should be pronounced in open court. Even if the PII claim is successful, the court could opt to redact confidential portions of the document or provide both parties with a summary of the contents of the documents.
  • While PII claims proceedings conceivably impacts the principles of natural justice, sealed cover proceedings infringe the principles of natural justice and open justice

Right to life, liberty and profession Vs Confidentiality 

  • SC questioned the government’s view that it could investigate or collect intelligence on citizens and later claim blanket immunity from disclosure in court.
  • SC observed that “Intelligence agencies’ reports impact the life, liberty and profession of individuals and entities, and to give such reports absolute immunity from disclosure is antithetical to a transparent and accountable system.
  • SC reasoned that the argument that intelligence reports may contain confidential information is one thing, but to argue that all such reports are confidential is another. Such an argument is misplaced and cannot be accepted on the touchstone of constitutional values.

Principle of natural Justice

Principles of natural justice refer to the basic principles that are required to be followed while making a decision or taking any action. These principles aim to ensure that the decision-making process is fair, unbiased, and transparent. The following are the key principles of natural justice:

  • Audi alteram partem - The right to be heard: This principle means that both parties should be given a fair opportunity to present their case before a decision is made. It also includes the right to cross-examine witnesses and evidence.
  • Nemo judex in causa sua - No one should be a judge in his own cause: This principle requires that the decision-maker should be impartial and not have any personal interest or bias in the matter.
  • Impartiality: The decision-maker should be unbiased and impartial towards the parties involved in the decision-making process. The decision should be based solely on the facts and evidence presented before them.
  • Natural justice demands that a person should be informed of the charges against them and should have the opportunity to respond to those charges.
  • The decision should be based on relevant and admissible evidence.
  • The decision should be communicated in writing and should include the reasons for the decision.
  • Bias: Any actual or perceived bias on the part of the decision-maker can render the decision invalid.
  • The decision should be proportionate and reasonable.
  • Confidentiality: The decision-making process should be confidential to protect the privacy of the parties involved.
  • Evidence: Only admissible evidence should be considered while making a decision.

Principle of open justice 

Open justice is the principle that legal proceedings should be open and transparent to the public. It is a fundamental principle of the legal system in many countries and is considered essential to the rule of law. The following are the key aspects of open justice:

  • Public access to court proceedings: Open justice requires that court proceedings are open to the public, unless there are compelling reasons to restrict access. This means that anyone can attend court hearings and access court documents, subject to certain restrictions, such as protecting the privacy of vulnerable witnesses.
  • Transparency: Open justice also requires that court proceedings are conducted in a transparent manner, with the reasons for the court's decisions being explained to the parties involved and the public. This includes providing written judgments and reasons for decisions, which should be made available to the public.
  • Accountability: Open justice promotes accountability, by allowing the public to see how decisions are made and how justice is administered. This can help to maintain public confidence in the legal system and ensure that judges and other decision-makers are held accountable for their actions.
  • Fairness: Open justice promotes fairness, by ensuring that all parties to a legal proceeding have an equal opportunity to present their case and that the decision-making process is conducted in an impartial and transparent manner.
  • Media access: Open justice also allows the media to report on court proceedings, subject to certain restrictions, such as protecting the privacy of vulnerable witnesses. This allows the public to be informed about legal proceedings and helps to promote accountability and transparency.
  • Exceptions: Although open justice is a fundamental principle of the legal system, there are some exceptions, such as cases involving national security, confidential information, or the privacy of vulnerable individuals. In such cases, restrictions on public access may be necessary to protect the interests of justice.

Overall, open justice is an essential principle of the legal system, promoting transparency, accountability, and fairness. It helps to ensure that the legal system is accessible to all and that justice is administered in a transparent and impartial manner.

Point of order

Context: Rajya Sabha Chairman Jagdeep Dhankhar rejected a point of order raised
by Opposition leader Mallikarjun Kharge against Union Minister and Leader of the
House Piyush Goyal for his speech in the House targeting Congress leader Rahul
Gandhi.

What is the point of Order? 

  • The Lok Sabha Secretariat describes a Point of order as “an extraordinary process which, when raised, has the effect of suspending the proceedings before the House.
  • Point of order concerns the procedure and business of the House and the rule book says that “it should relate to arrangement of items already included in the List of Business for the day".
  • Raising a point of order is “meant to assist the Speaker in enforcing the rules, directions and provisions of the Constitution for regulating the business of the House”.
  • Thus, it can concern both the application of the rules of the House and even any principles enshrined in the Constitution.
  • The procedure vis-a-vis a point of order is covered by Rule 376 of the Lok Sabha rules and by Rule 258 in Rajya Sabha.

When is it raised? 

  • The point of order is concerned with rules of procedure vis-a-vis “a breach of order or a transgression of any written or unwritten law of the House", a wide range of issues can be flagged under a point of order.
  • Further, the test whether a point raised is a point of order or not is not whether the Chair can give any relief but whether it involves such interpretation or enforcement of the rules, etc. and whether it raises a point which the Chair alone can decide.
  • But there are also issues involved with Point of order as it is “one of the most vexatious parliamentary practices which confronts a presiding officer" as the practice “raises real problems for the presiding officer".
  • This is because, unlike the procedures for raising questions or flagging issues in Parliament, most of which involve the giving of prior notice by a member or seeking the presiding officer’s permission, a point of order does not need prior notice and is supposed to receive precedence over any matter that the House may be dealing with right then.

The problem for the presiding officer lies in the fact that, until he hears at least a substantial part of a member’s submission, he (the Chair) is not in a position to rule that it is not a point of order.

How is it raised? 

  • To raise a point of order, a member has just to stand up and say ‘Point of Order’, whereupon she or he has to be first identified by the presiding officer.
  • The member should elaborate on his/her concern only after being identified by the presiding officer. “While formulating her/his point of order, the member should quote the specific rule or the provision of the Constitution relating to the procedure of the House which may have been ignored or neglected or violated.
  • Further it should be noted that a point of order cannot be raised during the Question Hour, or when the House is taking up any motion.
  • It may not be used for a member to ask for information, or to explain her/his position, etc.
  • Also, a point of order regarding an item of business cannot be raised after such business has been disposed of.

Thus it can be concluded that a point of order must refer to procedure and not substantive arguments on a motion.

What happens when it is raised? 

  • The moment a point of order is raised by one member, “the member who is speaking at that time must give way and resume his seat" and it “has the effect of suspending the proceedings before the House".
  • It is the presiding officer who decides whether “a point raised is a point of order or not". No debate is allowed on a point of order, but the presiding officer may hear the member before giving her/his decision.

International Finance Corporation to stop funding new coal-related infra projects

Context: The International Finance Corporation will stop supporting investments in new coal projects as part of its alignment with the Paris Agreement. The decision comes after a 13-year campaign against IFC's support for a financial intermediary client backing coal in India, which affected communities' livelihoods.

About International Finance Corporation (IFC)

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  • IFC was founded in 1956 on an idea that the private sector has the potential to transform developing countries.
  • It is the largest global development institution focused on the private sector in developing countries. 
  • It is a member of World Bank Group.
  • It focuses on economic development and improving the lives of people by encouraging the growth of the private sector in developing countries. 

It helps private sector in variety of ways:

  • Investing in companies through loans, equity investments, debt securities and guarantees. 
  • Mobilizing capital from other lenders and investors through loan participations, parallel loans and other means. 
  • Advising businesses and governments to encourage private investment and improve the investment climate.

World Bank

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Background: The Bretton Woods Conference of July 1944 established the framework for post – World War II international economic cooperation and reconstruction. It resulted in the formation of the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (World Bank). The World Bank provides loans and grants to low and middle-income countries for capital projects. World Bank comprises of the International Bank for Reconstruction and Development (IBRD) and International Development Association (IDA), two of five organizations in the World Bank Group.

Mission of World Bank 

The World Bank has two goals: end extreme poverty and promote shared prosperity in a sustainable way.

World Bank Group

The World Bank Group consists of five organizations:

  1. The International Bank for Reconstruction and Development (IBRD): is a global development cooperative owned by 189 member countries. It supports the World Bank Group’s mission by providing loans, guarantees, risk management products, and advisory services to middle-income and creditworthy low-income countries.
  2. The International Development Association (IDA): It was established in 1960 with an aim to reduce poverty by providing zero to low-interest loans (called “credits”) and grants for programs that boost economic growth, reduce inequalities, and improve people’s living conditions. It is the part of the World Bank that helps the world’s poorest countries. 
  3. The International Finance Corporation (IFC): is the largest global development institution focused exclusively on the private sector. It helps the developing countries to achieve sustainable growth by financing investment, mobilizing capital in international financial markets, and providing advisory services to businesses and governments.
  4. The Multilateral Investment Guarantee Agency (MIGA): it was created in 1988 to promote foreign direct investment into developing countries to support economic growth, reduce poverty, and improve people’s lives. MIGA fulfils this mandate by offering political risk insurance (guarantees) to investors and lenders.
  5. The International Centre for Settlement of Investment Disputes (ICSID): provides international facilities for conciliation and arbitration of investment disputes. 

Note: India is a member of all the organizations of World Bank Group except The International Centre for Settlement of Investment Disputes (ICSID).

Need for Police Reforms in India

Police Reforms in India

All social, human and economic development depends on the rule of law and maintenance of law and order is a critical function of the government. In this backdrop, the need for police reform is ever more imperative because of the pace with which our society is moving. 

There is need to upgrade the skills of our policeman to effectively tackle challenges of 21st century such as cyber-crime and economic offences.

Need for Police Reforms in India?

The Colonial Legacy

Even at present Indian Police is based on colonial law, we all know that most of time British rule used police as their instrument to suppress the voice of freedom fighter and for their personal gain. Our police still functions on feudal style and is still governed by the Police Act 1861 of British times which was authoritarian in nature as it was made in the aftermath of the 1857 Sepoy Mutiny.

Vacancies and an overburdened force

Currently, there are significant vacancies within the state police forces and some of the central armed police forces.  As of January 2016, the total sanctioned strength of state police forces across India was 22,80,691, with 24% vacancies (i.e. 5,49,025 vacancies).  Vacancies have been around 24%-25% in state police forces since 2009.

A high percentage of vacancies within the police forces exacerbates an existing problem of overburdened police personnel.  Police personnel discharge a range of functions related to:  crime prevention and response and maintenance of internal security and law and order etc .  While the United Nations recommended standard is 222 police per lakh persons, India’s sanctioned strength is 181 police per lakh persons. After adjusting for vacancies, the actual police strength in India is at 137 police per lakh persons.  Therefore, an average policeman ends up having an enormous workload and long working hours, which negatively affects his efficiency and performance.

Crime Investigation

Crime investigation requires skills and training, time and resources, and adequate forensic capabilities and infrastructure.  However, the Law Commission and the Second Administrative Reforms Commission have noted that state police officers often neglect this responsibility because they are understaffed and overburdened with various kinds of tasks. They also have insufficient legal knowledge and the forensic and cyber infrastructure available to them is both inadequate and outdated. 

In India, crime rate has increased by 28% over the last decade, and the nature of crimes is also becoming more complex (e.g., with emergence of various kinds of cybercrimes and economic fraud). Conviction rates (convictions secured per 100 cases) however have been fairly low.  In 2015, the conviction rate for crimes recorded under the Indian Penal Code, 1860 was 47%. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations. 

Police infrastructure 

Modern policing requires a strong communication support, state-of-art or modern weapons, and a high degree of mobility.  The CAG and the BPRD have noted shortcomings on several of these fronts.

Weaponry:  The CAG has found that weaponry of several state police forces is outdated, and the acquisition process of weapons slow, causing a shortage in arms and ammunition. 

Police vehicles:  Audits have noted that police vehicles are in short supply. New vehicles are often used to replace old vehicles, and there is a shortage of drivers too.  This affects the response time of the police, and consequently their effectiveness.  As of January 2015, state marking a 30.5% deficiency against the required stock of vehicles.

Police-public relations

Police requires the confidence, cooperation and support of the community to prevent crime and disorder.  For example, police personnel rely on members of the community to be informers and witnesses in any crime investigation.  Therefore, police-public relations is an important concern in effective policing.  The Second Administrative Reforms Commission has noted that police-public relations is in an unsatisfactory state because people view the police as corrupt, inefficient, politically partisan and unresponsive.

Custodial Death

A total 4,484 death in custody have been in the last two years and 233 in alleged in police encounter across India, Stated Minister of State for Home, Custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. It is a crime against humanity and violation of human rights, so there is need of reforms for much more accountability.

Important steps taken in India on Police Reforms

  • Gore Committee on police training (1971-73)- recommended enlarging the content of police training from law and order and crime prevention to greater sensitivity and understanding of human behaviour.
  • National police commission 1977 - recommended insulating the police from illegitimate political and bureaucratic interference.
  • Padmanabhaiah Committee 2000 - recommended that constables, and the police force in general, should receive greater training in soft skills (such as communication, counselling and leadership) given they need to deal with the public regularly.
  • The Police Act Drafting Committee (or Soli Sorabjee Committee)- drafted a new Model Police Act to replace the colonial 1861 Police Act.
  • Malimath Committee (2003)
    The Malimath Committee suggested the setting up of state security commission , to insulate the police from political pressure. The Malimath Committee was given mandate to review the Criminal Procedure Code (CrPC) 1973.

Prakash Singh Judgement – 2006

Supreme Court directed states and UTs to comply with seven binding directives on police reforms.

1. Constitution of a State Security Commission - as a watchdog body to oversee the functioning of the police, with its recommendations being binding on the State Government.

2. Selection of State DGP from out of a panel prepared by UPSC, and provision for a minimum tenure of two years for the DGP so selected, irrespective of his date of superannuation.

3. A minimum two-year tenure for other police officer, except under specified circumstances.

4. Separation of investigation from law and order, duly ensuring full coordination between the two wings.

5. Creation of Police Establishment Boards to deal with transfers, postings and other service-related matters of police officers, including disposal of their appeals on being subjected to illegal or irregular orders.

6. Constitution of Police Complaints Authorities at the State and District levels to look into complaints against police officers.

7. Constitution of a National Security Commission at the Union level to prepare panels for selection of Chiefs of Central Police Organisations and to review measures to upgrade their effectiveness, etc.

Supreme court also set up three member K.T. Thomas committee (2008)

• To implement decisions of Prakash Singh, Supreme Court in 2008 set up a three-member Monitoring Committee chaired by former SC Judge K.T. Thomas with a two-year mandate to examine compliance state by state and report back to it periodically.

• The committee submitted in 2010 that no state fully complied with the SC and expressed dismay over the total indifference of police towards reforms in its functioning.

Recent Developments

  • Government has reviewed Model Police Act, 2006 and accordingly has drafted Draft Model Police Bill, 2015. The drafting committee has tried to incorporate the essence for making police more responsive, efficient and citizen friendly.
  • Most of the states passed new laws or amended their existing laws considering Model Police Act, 2006 drafted by Soli Sorabjee Committee.
  • In 2018, Supreme Court restrained state governments from appointing Director-General of Police (DGP) without first consulting the Union Public Service Commission (UPSC). The State government concerned has to send to UPSC the names of the probable officers to be appointed as DGP three months before the incumbent DGP is to retire. This judgment was in line with the recommendations given in Prakash Singh Judgment.
  • In 2020 - A five-member Committee for Reforms in Criminal Law has been set up by the Union Ministry of Home Affairs chaired by the vice-chancellor of National Law University, Delhi.  The mandate of the committee is to recommend reforms in the criminal laws of the country in a principled, effective and efficient manner, which ensures the safety and security of the individual, the community and the nation and which prioritizes the constitutional values of justice, dignity and inherent worth of the individual. 

Conclusion

At this time, we need an act which can make police friendly to the public. Police play important role for maintain Rule of law in the state. Hence Police reform aims to transforms the old cultures, policies and practices of police organization so that police can perform their duties with respect of democratic values, human rights. 15 years after the Supreme Court judgment in Prakash Singh case, we must ask what's holding up police reforms? The first priority of the Government should be the reform of the police in India.

Vacancies of judges remain high, cases pile up: India Justice Report

Context: The India Justice Report 2022, says that Indian courts are jammed with cases and are seeing pendency increase by the day. At the same time, they are also functioning with fewer judges than the sanctioned number.

India Justice Report

  • The India Justice Report is a first of its kind national periodic reporting that brings together, hitherto siloed information, to measure the capacity of four pillars of the justice system - the police, the prison system, the judiciary and legal aid—in each state.
  • The report is the result of collaboration and research between six organisations:
  • Centre for Social Justice (IDEAL)
  • Common Cause
  • Commonwealth Human Rights Initiative (CHRI)
  • DAKSH
  • TISS–Prayas
  • Vidhi Centre for Legal Policy

Findings of this report 

  • Against a sanctioned strength of 1,108 judges, the High Courts were functioning with only 778 judges. 
  • The subordinate courts were found functioning with 19,288 judges against a sanctioned strength of 24,631 judges.
  • The number of cases pending per judge is rising in most States over the past five years.
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  • The report found that the High Courts are clearing more cases annually than the subordinate courts.

Challenges Pertaining to Indian Judicial System

  • Pendency – One of the essential issues with the Indian legal framework is the pendency of cases. 2.84 crore cases are pending in the subordinate courts, the backlog clogging the High Courts and Supreme Court (SC) is 43 lakh and 57,987 cases, respectively.
  • Vacancy -  There is persistent tussle between the executive and the judiciary over the appointment of Judges of the Supreme court and the High Courts. This has resulted into unwarranted vacancies which further accentuates the issue of pendency. As per the India Justice Report of 2022 Against a sanctioned strength of 1,108 judges, the High Courts were functioning with only 778 judges.
  • Lack of transparency - Judiciary does not come under the ambit of the Right to the Information Act. In the functioning of the Indian judiciary system, the substantial issues like the quality of justice and accountability are not known to the citizens properly. There is also a need for transparency in the appointment of the judges.
  • Lack of interaction and information among people and court - For any Judiciary to be fruitful, it is vital that the overall population must know the mechanics of legal. The general public must take part in the court procedures. Indian Judiciary system lacks such linkages and interactions. 
  • Less use of technology – Indian courts have exhibited less use of technology in their functioning. Considering the quantum of work, this non-inclusion of technology in their working further complicates the matters.

Way Forward

  • Need to Reduce Disposal Time for Cases - Disposal time is measured as the time span between the date of filing and the date when the decision is passed.
  • Need to better Case Clearance Rate (CCR) - CCR is the ratio of the number of cases disposed of each year to the number of cases instituted in that year, expressed as a percentage. It is mainly used to understand the efficiency of the system in proportion to the inflow of cases.
  • Streamline Judicial Appointments – by identifying vacancies across sections of lower and higher judiciary.
  • Shifting Court workloads through creating Special Courts (255th Law Commission) – based on specialised areas such as commercial cases can be transferred to the commercial division and the commercial appellate division of High Courts. Similarly Special Courts within High Courts can be set up to address litigations pertaining to land, crime, Traffic Challans etc.
  • Merge and rationalize tribunals to enhance efficiency - Appointments to tribunals must be streamlined either through a specialized agency or under the Department of Personnel and Training (DoPT).
  • Need to Create Separate Administrative Cadre in the judicial system – This will relieve the Judges who are also involved in administrative capabilities to take care of the day to day functioning of High Courts as well as Lower Courts under Article 227. Problem – Handling administrative responsibilities by Judges reduce time available for dispensing cases pending in the Courts.
  • Creating Indian Courts and Tribunal Services (ICTS) – It will focus on the administrative aspects of the legal system. The major roles to be played by ICTS will be provide administrative support functions needed by the judiciary; identify process inefficiencies and advise the judiciary on legal reforms
  • Creating All-India Judicial Services - merit based all India examination to appoint Judges for Higher Judiciary as per Article 312(3) which was added by the Constitution (Forty-second Amendment) Act, 1976.
  • Increase number of working days for judiciary to increase productivity – reducing length of summer and winter vacations in High Courts and Supreme Court.
  • Deployment of Technology to improve efficiency of Courts - One major effort in this direction is the eCourts Mission Mode Project that is being rolled out in phases by the Ministry of Law and Justice. This has allowed the creation of the National Judicial Data Grid (NJDG). The system is already able to capture most cases, their status and progress.
  • Appointing More Women Judges at all levels – will promote women empowerment and make judgments involving cases of women more gender sensitive.

Coalition for Disaster Resilient Infrastructure (CDRI)

Context: Fifth edition of International Conference on Disaster Resilient Infrastructure was organised under the aegis of Coalition for Disaster Resilient Infrastructure.

About Coalition for Disaster Resilient Infrastructure 

  • CDRI is a global partnership that aims to promote resilience of infrastructure systems to climate & disaster risks, thereby ensuring sustainable development.
  • Prime Minister of India launched CDRI during his speech at the UN Climate Action Summit on 23 September 2019.
  • Objectives of CDRI: CDRI seeks to rapidly expand the development & retrofit of resilient infrastructure towards expanding universal access to basic services, enabling prosperity and decent work.

Functions of CDRI

  • Raising awareness of the benefits of resilient infrastructure and building linkages with other relevant initiatives to achieve this.
  • Serving as a platform for knowledge generation and exchange on disaster & climate resilient infrastructure.
  • Enhancing national and regional standards, codes and guidelines for planning, design, operation & maintenance of infrastructure systems
  • Enhancing practices and capacities to reduce infrastructure damages and losses from disasters and climate change.
  • Enabling technological and institutional innovation for resilient infrastructure systems
  • Making available technical expertise to assist countries to develop resilient infrastructure
  • Advocating for financial arrangements, including risk transfer, supporting development of resilient infrastructure
  • Assisting countries to adopt appropriate risk governance arrangements & strategies for resilient infrastructure.
  • Governance of CDRI: Secretariat of CDRI is located in New Delhi and has three principal bodies: (i) Governing Council (ii) Executive Council (iii) Secretariat.
    • Governing Council: Governing Council is the highest policy-making body of CDRI and will have representation from all members of CDRI such that at least two-thirds of the members of the Governing Council represent national governments. Members of. Governing Council shall be co-chaired by representatives of two national governments with India being the permanent co-chair of Governing Council. The other co-chair shall be nominated by rotation by the members of Governing Council, every two years. 
    • Executive Committee: Managerial body of CDRI that oversees implementation of decisions of Governing Council. It is a 10 member body with Director General being one of the members.
    • Secretariat: Secretariat of the CDRI shall be headed by a Director-General appointed by the Governing Council.
  • Membership: Membership of CDRI is open to national governments, UN Agencies & multilateral banks, private sector, academic & knowledge institutions. Currently, there are 31 member countries of CDRI and 8 member organisations. 
  • Funding: A large share of the estimated fund requirements to cover the core costs over the first five years has been invested by India. There are no obligations on the part of members to make financial contributions to CDRI.

Initiatives under CDRI 

  • Infrastructure Resilience Accelerator Fund (IRAF):
    • A US $50 million multi-donor trust fund created by CDRI to support global action on disaster resilience of infrastructure systems, especially in developing countries and small island developing countries. 
    • IRAF will play a critical role in equipping the Coalition to deliver on improved infrastructure governance, inclusive infrastructure services and diversified knowledge and financing for resilient infrastructure globally. 
    • IRAF has been established with the support of UNDP & UNDRR and will be managed by UN Multi-Partner Trust Fund Office. IRAF was launched COP 27 of UNFCCC at Sharm El Sheikh, Egypt. 
    • One of the first initiatives to be supported by IRAF is the Infrastructure for Resilient Island States (IRIS).
  • Infrastructure for Resilient Island States (IRIS):
    • A dedicated initiative co-curated by Small Developing Island States (SIDS) and Coalition for Disaster Resilient Infrastructure (CDRI) partners to promote resilient, sustainable, and inclusive infrastructure development in SIDS. IRIS will cater to all SIDS. 
    • IRIS will design and implement projects considering the demands and absorptive capacities of SIDS and strive to foster SIDS ownership and leadership in the development of resilient, sustainable and inclusive infrastructure.
    • In the initial phase, IRIS will prioritize the needs of the most vulnerable SIDS.It was launched during COP 26 of UNFCCC at Glasgow. 
    • Focus areas of IRIS are:
      • Improved resilience of SIDS infrastructure to climate change & disaster risks.
      • Strengthened knowledge & partnerships for integrating resilience in SIDS infrastructure.
      • Gender equality and disability inclusion promoted through SIDS infrastructure.
  • Biennial Report on Global Infrastructure Resilience: Flagship report of CDRI focusing on critical challenges faced by infrastructure due to disaster and climate risks. The report will develop a Global Infrastructure Risk Model & Global Infrastructure Resilience Index (GIRI) and advocate pathways for nature based solutions for disaster resilient infrastructure, conduct review of global goals and targets for resilient infrastructure and finance for disaster & climate resilient infrastructure. 
  • International Conference on Disaster Resilient Infrastructure (ICDRI): Annual conference of CDRI bring together experts and participants from member countries, institutions and organisations to discuss challenges and identify good practices on disaster & climate resilient infrastructure.
  • DRI Connect: An online platform to connect, learn and collaborate towards improved practices, processes and policies for resilient infrastructure systems. 

Seven dead, 27 rescued after avalanche hits Sikkim’s Nathu La

Context: Recently seven people were killed while 20 others have been rescued after five or six vehicles along with 20-30 tourists were hit by an avalanche near Nathu La.

About Nathu La:

  • Nathu La is a mountain pass in the Himalayan peaks that co-joins Sikkim and China.
  • It is one of the highest motorable roads in the world situated on the Indo-Tibetan border 14450 ft. above sea level.
  • Nathu means 'listening ears', and La means 'pass'. Nathu La is one of the three open trading border posts between India and China.
  • The temperature here remains low for most parts Located on the Old Silk Route, Nathu La Pass connects Sikkim to China’s Tibet Autonomous Region.
  • It was sealed for almost 4 decades after the People’s Republic of China suppressed a Tibetan uprising in 1959.
  • However, when the former Prime Minister of India, Atal Bihari Vajpayee visited China in 2003, talks to open the strategic route were resumed in 2006 and since then, it has served as an official Border Personnel Meeting (BPM) Point.
  • Since it is one of the three open trading border posts between India and China, Nathu La Pass has played a key role in the Sino-Indian Trade.
  • It has also shortened the distance between the important Buddhist and Hindu pilgrimage sites, thus strengthening the economy and improving border relations with China.
  • A valid permit to visit Nathu La Pass is given to only Indian Nationals.