The 129th Constitution Amendment Bill, 2024, mandates fixed five-year Lok Sabha terms, aligning State Assembly elections, with mid-term polls serving only the remainder of the five-year tenure if dissolved.
Do fixed legislative tenures promote better governance?
Potential for Improved Stability: Fixed tenures can provide a stable political environment, reducing frequent electoral disruptions that may hinder long-term governance plans.
Governance Challenges: However, Achary argues that while fixed terms might seem beneficial, they could lead to governance issues if political instability arises, as seen in states where mid-term elections are necessary due to governmental collapse.
Note:
Fixed Legislative Tenure refers to predetermined, non-variable terms for legislatures, ensuring elections occur at set intervals, and enhancing stability.
Mid-term polls are elections held before the scheduled end of a legislative term, usually triggered by government collapse or dissolution.
How would fixed tenures impact the accountability of elected officials?
Increased Accountability: Frequent elections are believed to enhance political accountability since representatives must consistently engage with their electorate. Achary emphasises that regular electoral cycles compel politicians to remain responsive to public needs.
Mid-Term Elections as a Safety Valve: Allowing mid-term elections maintains accountability within the legislative framework, ensuring that elected officials remain answerable to their constituents even if they face political challenges during their term.
What are some learnings from the Western world?
Lessons from the UK: The UK’s Fixed-term Parliaments Act of 2011 was meant to set fixed terms for its Parliament but caused problems like policy delays and constitutional issues.
It was eventually repealed. India’s plan is different because it allows mid-term elections, where new governments serve only the remaining term, not a full fixed term.
Lessons from Germany: The Constructive Vote of No Confidence in Germany mandates the selection of a new leader before the current one is removed, ensuring stability. However, this approach is not well-suited to India’s political system and has not gained significant support.
What challenges might arise from implementing fixed tenures in the Indian political context?
Erosion of Federalism: Aligning State Assembly tenures with those of the Lok Sabha could weaken federalism by reducing the autonomy of state legislatures. This may result in premature dissolutions and disruptions in local governance.
Political Instability Risks: The bill’s provision for shorter tenures following mid-term elections could result in significant instability. If a government collapses mid-term, the resultant Lok Sabha might only serve for about a year, which is seen as undesirable by Madhavan.
Potential for Increased Political Maneuvering: There is doubt about whether fixed tenures can effectively deter practices like horse trading or efforts to destabilize governments. While the bill aims to address such issues, its success is uncertain.
Way forward:
Strengthen Federalism: Ensure state legislatures retain autonomy by allowing flexibility in election cycles and minimizing central influence on state governance.
Mitigate Political Instability: Introduce safeguards like stricter anti-defection laws and robust mechanisms to address mid-term government collapses while maintaining accountability.
Mains PYQ:
Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)
Law Minister is proposing that the Bills on “One Nation, One Election” be referred to a Joint Parliamentary Committee (JPC) for further examination.
The committee will have 21 members from the Lok Sabha and 10 members from the Rajya Sabha.
About Joint Parliamentary Committee (JPC):
What is a JPC?
JPC is a committee formed by both Houses of Parliament for scrutinizing a subject or Bill in detail.
It includes members from both Lok Sabha (Lower House) and Rajya Sabha (Upper House).
Members represent both ruling parties and opposition.
Number of members in a JPC can vary based on the task at hand and the members are decided by the Parliament.
The JPC is dissolved once its task is completed or its term ends.
A motion is passed in one House of Parliament, and the other House agrees to it.
Structural Mandate
Mandate of a JPC is determined by the motion that forms it.
Scrutinizing documents related to the subject.
Summoning people for questioning.
Submitting a report and making recommendations to the government.
The proceedings and findings are confidential except in matters of public interest.
Speakerof the House resolves any disputes regarding evidence.
Nature of JPC Recommendations
Recommendations are advisory and persuasive but not binding on the government.
The government can choose whether or not to follow the recommendations.
The government must submit an Action Taken Report to Parliament on the actions taken based on the JPC’s recommendations.
Notable JPCs in the Past
Telecom Licenses and Spectrum Allocation (2011).
Stock Market Scam (1992) and related matters.
Irregularities in Securities and Banking Transactions.
Bofors Contract Inquiry (1987).
Constitutional and Legal Position Regarding the Office of Profit.
Waqf (Amendment) Bill (2024).
PYQ:
[2018] With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the house whether the powers to make regulations, rules, sub-rules, by-laws, etc., conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?
PYQ Relevance: Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC CSE 2022)
Mentor’s Comment: UPSC mains have always focused on major issues like the Election Commission of India (2022) and the Representation of Peoples Act, of 1951 (2022).
In 1999, Sonia Gandhi contested from Bellari (Karnataka) and Amethi (Uttar Pradesh), winning both but retaining Amethi. During the 2014 elections, PM Modi contested from Vadodara (Gujarat) and Varanasi (Uttar Pradesh), winning both but choosing to keep Varanasi.
Today’s Editorial discusses the implications and challenges of allowing a single candidate to contest elections from multiple constituencies in India. This content is significant for answering the questions around electoral integrity, representation, and the overall democratic process.
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Let’s learn!
Why in the News?
In India, candidates are permitted to contest elections from more than one constituency. This has become a common strategy for political parties to maximize their chances of winning seats in the legislature.
Key Features of the Representation of the People Act, 1951
• Conduct of Elections: The Act provides detailed procedures for conducting elections to the Lok Sabha (House of the People) and state legislative assemblies, ensuring free and fair electoral processes.This law permits candidates to contest elections from two constituencies simultaneously. However, if a candidate wins from both, they must vacate one seat within 14 days, triggering a by-election in the relinquished constituency. • Eligibility Criteria: It outlines qualifications for candidates contesting elections, including age, citizenship, and other criteria necessary for membership in the Parliament and state legislatures. • Disqualifications: The Act specifies grounds for disqualification of candidates, such as criminal convictions (Section 8), mental incapacity, and other factors that may affect a candidate’s ability to serve effectively.The Act provides mechanisms for resolving disputes arising from elections, including procedures for challenging election results in court. • Corrupt Practices: The Act defines corrupt practices related to elections (Section 123), including bribery, undue influence, and other electoral malpractices. This provision aims to uphold the integrity of the electoral process. • Election Commission Powers: It grants significant powers to the Election Commission of India (ECI) for overseeing elections, managing electoral rolls, and ensuring adherence to election laws. Section 29A allows political parties to register with the Election Commission, establishing a framework for party participation in elections. • By-elections: Provisions are included for conducting by-elections when a seat becomes vacant due to various reasons such as resignation or disqualification. • Administrative Machinery: The Act lays down the administrative structure required for conducting elections efficiently, detailing roles and responsibilities of various officials involved in the electoral process. The Act has been amended multiple times since its enactment to address emerging challenges in the electoral landscape and improve the electoral process.
What are the legal implications of a candidate contesting from multiple constituencies?
Increased Financial Burden: The practice of contesting from multiple constituencies leads to additional taxpayer costs due to frequent by-elections.
For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
This financial burden ultimately falls on the public and is compounded by significant expenditures from political parties.
Favoring the Ruling Party: By-elections often tend to favor the ruling party because they can mobilize resources and provide patronage more effectively than opposition parties. This creates an uneven playing field.
Repetition of Costs for Defeated Candidates: Candidates who lose in their primary constituencies but still contest from multiple seats face a disproportionate financial burden when by-elections are necessitated by winning candidates vacating their seats.
This forces them to expend additional resources on campaigning for a second time.
Undermining Democratic Principles: This practice prioritizes political leaders’ interests over those of the electorate. It acts as a hedging mechanism against uncertainties rather than focusing on serving constituents’ needs.
Voter Confusion and Discontent: Contesting from multiple constituencies can lead to voter confusion regarding representation and accountability. When elected representatives vacate seats shortly after winning them, it can cause disillusionment among voters. Such actions can diminish voter turnout and engagement in subsequent elections.
How does contesting from multiple constituencies affect electoral fairness and representation?
Undermines Equal Representation: Each voter is entitled to one vote, yet candidates can leverage their influence across multiple areas, potentially sidelining local issues and needs in favor of broader political ambitions.
Increased Costs and Resource Waste: The practice leads to frequent by-elections when candidates vacate seats after winning multiple constituencies. This not only incurs significant costs for taxpayers but also wastes resources that could be better utilized elsewhere.
Voter Disenfranchisement and Confusion: When candidates win from multiple constituencies and subsequently vacate one seat, it can lead to voter confusion about representation. This practice may cause disillusionment among constituents who feel their needs are not being prioritized.
Perception of Manipulation and Corruption: Contesting from multiple constituencies can foster perceptions of manipulation within the electoral system, where candidates appear more focused on personal political gain rather than serving their constituents. This perception can erode public trust in the democratic process.
What are the political motivations behind this practice?
Strategic Advantage: Contesting from multiple constituencies allows candidates to maximize their chances of electoral success by hedging against uncertainties in voter preferences. This strategy is particularly useful in competitive political environments.
Resource Mobilization: Candidates who are part of ruling parties can leverage their party’s resources and influence across multiple constituencies, giving them an advantage over opposition candidates who may lack similar support.
Demonstrating Party Strength: By contesting from various constituencies, candidates can project their party’s strength and reach, potentially swaying voter sentiment in their favor across broader regions.
Perception of Legitimacy: Winning from multiple constituencies can enhance a candidate’s perceived legitimacy and popularity, reinforcing their position within their party and among voters.
How does this issue need to be addressed in the Indian context?
Amendment of the Representation of the People Act, 1951: Amend Section 33(7) to prohibit candidates from contesting elections from more than one constituency at a time. This would eliminate the practice of winning multiple seats and subsequently vacating one, thus reducing the frequency of by-elections.
Imposing Financial Accountability: Introduce a provision requiring candidates who contest from multiple constituencies and subsequently cause by-elections to deposit a specified amount (e.g., ₹5 lakh for assembly elections) to cover the costs incurred by conducting those by-elections.
Strengthening Election Commission Authority: Enhance the powers of the ECI to monitor and regulate electoral practices more effectively. This includes ensuring compliance with electoral laws and addressing grievances related to candidate conduct.
Encouraging Political Party Reforms: Encourage political parties to adopt internal democratic processes that ensure candidates are selected based on merit and local support rather than merely party loyalty. This can help foster genuine representation in constituencies.
Recently, the SC considered a Public Interest Litigation (PIL) advocating for the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.
What is the legal status of political parties concerning the POSH Act?
Current Legal Interpretation: The Kerala HC previously ruled that political parties do not fall under the scope of the POSH Act due to a lack of an employer-employee relationship with their members. This interpretation suggests that political parties are not obligated to establish ICCs as required by the Act.
Definition of Workplace: The POSH Act defines “workplace” broadly, including various public and private entities. However, applying this definition to political parties is complex, as many party workers operate without a defined workplace and often have temporary roles that do not align with traditional employment structures.
Potential for Inclusion: Advocates argue that since the POSH Act includes locations visited by employees during their course of employment, it could extend protections to party workers in field operations. The definition of “employee” also encompasses temporary and contract workers, which could potentially include political party members.
How can Internal Complaints Committees (ICCs) be effectively established?
What are Internal Complaints Committees (ICCs)?
ICCs are mandated bodies established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. These committees play a crucial role in addressing complaints of sexual harassment in the workplace, ensuring a safe and supportive environment for all employees.
Need for ICCs: The recent PIL presented in the court emphasizes that political parties should have mechanisms to address sexual harassment complaints in line with the POSH Act.
Currently, internal discipline mechanisms within parties may not adequately address issues of sexual harassment or comply with ICC requirements under the Act.
Challenges in Implementation: Creating ICCs within political parties poses challenges due to their non-traditional structures. The determination of who qualifies as an “employer” in this context is crucial for establishing accountability and compliance with the POSH Act.
Existing Party Structures: Political party constitutions outline hierarchical structures that could potentially facilitate the establishment of ICCs. However, these existing frameworks may not meet the requirements set forth by the POSH Act regarding membership and external oversight.
What role should the ECI play in enforcing compliance with the POSH Act?
Competent Authority: The Supreme Court directed that any grievances regarding the application of the POSH Act to political parties should first be addressed to the ECI, which is seen as the competent authority for enforcing compliance among registered political entities.
Historical Context: The ECI has previously been involved in ensuring compliance with other laws applicable to political parties, such as the Right to Information Act. However, its role concerning workplace harassment laws remains less defined.
Future Implications: If political parties are compelled to comply with the POSH Act through ECI directives, it could set a precedent for accountability and gender equality in politics, potentially influencing broader societal norms regarding workplace harassment.
Way forward:
Strengthening Compliance Framework: The Election Commission of India (ECI) should issue clear guidelines requiring political parties to establish Internal Complaints Committees (ICCs) in alignment with the POSH Act, ensuring accountability and gender-sensitive grievance redressal mechanisms.
Legislative Clarification: Amend the POSH Act to explicitly include political parties within its scope, defining “employer” and “workplace” in the context of party structures to address the unique challenges of non-traditional workplaces.
Mains PYQ:
Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)
PYQ Relevance: Q) Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (UPSC CSE 2019)
Mentor’s Comment: UPSC mains have always focused on major issues like Constitutional Principles (2019) and Basic structure (2014 and 2019) of our Constitution.
The 2024 general elections saw a turnout of approximately 65.79%. While India’s Constitution provides for a strong framework of rights and governance, its effectiveness has been compromised by political interference and corruption. The judiciary’s ability to enforce laws impartially is often challenged by political dynamics, leading to perceptions of selective justice.
Today’s editorial highlights critical concerns regarding recent actions that may undermine the foundational principles enshrined in the Indian Constitution. It talks about the significant in the current political climate, as it addresses issues of governance, civil liberties, and the rule of law. This content can be used to reflect the Constitutional governance issues in India.
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Let’s learn!
Why in the News?
In the light of a controversial ruling by the Allahabad High Court, debates around Nationalism, Secularism, and Civil liberties are increasingly polarized, which has led to a resurgence of interest in how constitutional principles are being interpreted and applied in contemporary governance.
What are the debates and key issues highlighted recently?
• Freedom of Speech vs. Responsibility: The Allahabad High Court recently upheld a charge against an individual, Owais Khan, for mocking a Hindu deity on social media. ○ The court emphasized that while freedom of speech is a fundamental right in India, it is not absolute. ○ This means that individuals must exercise this freedom with a sense of responsibility, particularly when it comes to respecting the beliefs and sentiments of others.
•Judicial Activism and Accountability: Certain judicial decisions as given below may reflect a departure from constitutional values. 1. Zakia Jafri Case (2022): The Supreme Court dismissed a plea for further investigation into the 2002 Gujarat riots, stating there was no evidence of a larger conspiracy. This ruling was controversial as it was perceived to undermine accountability for state actions during communal violence, raising concerns about the rule of law and justice for victims. 2. Umar Khalid’s Bail Denial: The Delhi High Court denied bail to activist Umar Khalid, citing a prima facie case against him. Critics argue that this decision reflects an overreach of judicial authority and raises questions about the treatment of dissenters in politically sensitive cases.
•Supreme Court on Places of Worship: The Supreme Court recently barred new suits against places of worship, which has implications for ongoing disputes over religious sites.This decision has been viewed as an attempt to maintain communal harmony but also raises concerns about the judiciary’s involvement in sensitive religious matters.
•Controversial Remarks by Judges: Instances like Justice Srishananda’s remarks referring to a Muslim-majority area as “Pakistan” highlight how judicial comments can perpetuate biases and affect public perception of the judiciary’s impartiality. Such statements have prompted calls for clearer guidelines on judicial conduct
•Secularism and Pluralism: The court’s stance on respecting religious sentiments is framed within the broader context of India’s secular fabric. ○ True secularism requires not only tolerance but also an active promotion of fraternity among diverse communities, which seems to be at risk amid rising tensions surrounding religious identities.
•Public Perception and Constitutional Compact: These actions are perceived as mockery of constitutional principles and can erode public confidence in democracy. ○ It calls for a reaffirmation of commitment to the values of justice, liberty, and equality as outlined in the Preamble to the Constitution.
What are the other contemporary challenges facing the Indian Constitution?
Rise of Hindu Nationalism: The ascent of Hindu nationalism poses a significant threat to the secular and pluralistic fabric of India. Policies such as the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), have sparked debates about their alignment with constitutional values of equality and secularism.
Erosion of Civil Liberties: There has been rising communal violence, restrictions on freedom of speech, and attacks on media independence, which deviate from the constitutional promise of a democratic society.
Judicial Independence and Institutional Integrity: The independence of the judiciary is under scrutiny as there are fears that political considerations may influence judicial decisions. The weakening of institutional checks and balances threatens the foundational principle of separation of powers, which is crucial for maintaining democratic governance.
Social and Economic Inequalities: The influence of money and muscle power in politics exacerbates persistent social and economic disparities, undermining democratic processes and leading to questions about fair representation. The non-enforceability of Directive Principles of State Policy further complicates efforts to address these disparities effectively.
Federalism and Centralization: Initiatives like “One Nation, One Election” could undermine the autonomy of state governments, affecting local governance and representation. Critics argue that this centralization could dilute regional identities and issues.
What implications do these challenges have for India’s democratic framework?
Erosion of Democratic Norms: As the judiciary grapples with issues like political interference and judicial overreach, there is a risk of eroding democratic norms.
When judicial decisions appear to align with political interests rather than constitutional principles, it undermines the public’s trust in the judiciary as an impartial arbiter of justice.
Threat to Fundamental Rights: Challenges such as restrictions on freedom of speech and assembly can directly impact citizens’ fundamental rights. If the judiciary fails to protect these rights effectively, it may result in a chilling effect on dissent and activism, weakening the democratic fabric that relies on robust public discourse and participation.
Judicial Independence at Risk: The increasing politicization of the judiciary threatens its independence, which is crucial for maintaining checks and balances in governance.
A compromised judiciary may lead to unchecked executive power, resulting in potential abuses and violations of citizens’ rights.
Increased Polarization: The rise of identity politics and communal tensions can exacerbate societal divisions, making it difficult for the judiciary to operate effectively.
When legal interpretations are influenced by political ideologies or communal sentiments, it can lead to verdicts that favor one group over another, undermining the principle of equality before the law.
Impact on Governance and Accountability: Judicial decisions that favor state actions without adequate scrutiny can diminish accountability in governance. This could enable corruption and misuse of power by public officials, further eroding public confidence in democratic institutions.
How has the judiciary responded to perceived threats against constitutional values?
Judicial Review: The Indian judiciary exercises the power of judicial review, allowing it to examine the constitutionality of legislative and executive actions.
This power is enshrined in Articles 13, 32, and 226 of the Constitution, which enable the Supreme Court and High Courts to strike down laws or actions that violate fundamental rights or exceed the authority granted to the legislature or executive.
Minerva Mills v. Union of India (1980): This landmark judgment reaffirmed the supremacy of the Constitution over parliamentary authority, emphasizing that laws infringing on fundamental rights could be invalidated.
Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the “basic structure” doctrine, asserting that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
Protection of Fundamental Rights: The judiciary has consistently defended individual rights against state encroachments. The courts have expanded the interpretation of fundamental rights, ensuring they encompass a broader range of protections for citizens.
In cases like Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21 (right to life and personal liberty), ruling that due process must be followed in any deprivation of life or liberty.
The judiciary has also intervened in cases involving social justice, such as ensuring rights for marginalized communities and addressing issues like sexual harassment through interpretations aligned with international human rights standards.
Upholding Judicial Independence: Judicial independence is seen as crucial for maintaining constitutional integrity. The judiciary has asserted its role as a guardian of the Constitution, often resisting pressures from other branches of government.
Justice Kurian Joseph emphasized that as long as an independent judiciary exists, there is no threat to the Constitution, highlighting the judiciary’s role in safeguarding democratic values and individual rights.
Way Forward:
National Judicial Commission (NJC): Forming an NJC to oversee the appointment of judges can ensure transparency and accountability in judicial appointments, reducing political influence.
Expansion of the e-Courts Project: Enhancing digital infrastructure for courts, including online case filing and AI-assisted case management, can significantly reduce delays and improve access to justice.
Implementing systems like FASTER (Fast and Secured Transmission of Electronic Records) for quick communication of court orders will also expedite processes.
Promoting Legal Literacy: Increasing public awareness about legal rights and judicial processes through educational campaigns can empower citizens to engage more effectively with the legal system.
The ongoing debate on simultaneous elections, commonly referred to as One Nation One Election (ONOE), presents a valuable opportunity to highlight a fundamental aspect of local democracy: the need for elections to Urban Local Governments (ULGs).
What is the Significance of Urban Local Government elections?
Decentralized Governance: ULGs are crucial for decentralized self-governance, which is fundamental to democratic functioning at the grassroots level.
Service Delivery: ULGs are responsible for delivering essential civic services such as water, sanitation, public health, and urban planning, which directly affect citizens’ quality of life.
Local Democracy: Regular elections to ULGs ensure democratic legitimacy, enabling citizens to participate in the governance process at the local level and hold local representatives accountable.
Economic and Social Impact: ULGs play a vital role in urban development, economic growth, and social well-being. As cities are responsible for a significant portion of the country’s GDP, well-governed local bodies contribute to national prosperity.
Why is Voter Turnout in Urban Local Elections Typically Lower?
Lack of Awareness: Voter awareness regarding local elections is often lower than that for state or national elections, leading to reduced participation.
Perceived Impact: Many voters feel that the impact of urban local elections is less significant compared to state or national elections, resulting in voter apathy.
Political Disengagement: In many cases, urban residents may feel disconnected from local governance, especially when local issues are not perceived as urgent or when political campaigns do not adequately address them.
Timing and Scheduling Issues: Elections to ULGs may be held at different times or not synchronized with other elections, causing confusion and disengagement.
Voter Fatigue: Frequent elections at different levels may contribute to voter fatigue, lowering participation rates in local elections.
What reforms are necessary to enhance the effectiveness of urban local governments?
Empower State Election Commissions (SECs): Strengthening SECs by granting them autonomy and resources for conducting timely and fair elections is essential. Currently, many SECs lack the authority to carry out ward delimitation effectively, which delays elections.
Regular Elections: Ensuring that ULGs hold regular elections every five years is crucial. The recent acceptance of recommendations by the High-Level Committee (HLC) for synchronizing local body elections with state and national polls is a positive step in this direction.
Decentralization of Powers: The 74th Constitutional Amendment aimed at decentralizing powers to ULGs; however, actual implementation has been inconsistent.
Public Participation: Encouraging greater public involvement in decision-making processes will enhance transparency and accountability within ULGs. This can be achieved through community engagement initiatives and participatory budgeting processes.
Way forward:
Strengthen Institutional Capacity and Autonomy: Empower State Election Commissions (SECs) with the necessary authority and resources to ensure timely and independent elections.
Promote Public Engagement and Accountability: Encourage active public participation through initiatives like community engagement, participatory budgeting, and transparency in governance. This will improve the responsiveness of ULGs to citizen needs and foster stronger local democracy.
Mains PYQ:
Q The strength and sustenance of local institutions in India has shifted from their formative phase of ‘Functions, Functionaries and Funds’to the contemporary stage of ‘Functionality’. Highlightthe critical challenges faced by local institutions in terms of their functionality in recent times. (UPSC IAS/2020)
The Opposition in Rajya Sabha is preparing to move a motion for impeachment of Allahabad High Court Judge for his controversial remarks inciting communal hatred.
Impeachment Processfor Judges in India:
About
The process involves Parliament passing an address to the President to remove the judge.
To pass the motion, two–thirds of the MPs present and voting in both Lok Sabha and Rajya Sabha;
Must approve it, with a majority of more than 50% of the total membership of each House.
Key Constitutional Provisions
Article 124(4): The judge can only be removed by a Presidential order, passed after a majority vote in both Houses of Parliament.
The vote must come from two-thirds of the members present and voting.
Articles 218 of the Constitution extends the same rules to High Court judges.
The impeachment process ensures judicial independence by maintaining a high bar for removal, limiting political influence.
Grounds for Impeachment
A judge of the Supreme Court or High Court can be impeached on two grounds: “proved misbehaviour” or “incapacity” as per the Constitution of India.
Further clarified in the Judges (Inquiry) Act, 1968, including:
Misuse of office
Grave offences that undermine the judge’s integrity
Contravention of the provisions of the Constitution.
What does the process entail?
Procedure under the Judges Inquiry Act, 1968:
Initial Step: The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.
Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:
Headed by the Chief Justice of India or a Supreme Court judge.
The second member is usually a Chief Justice of any High Court.
The third member is a distinguished jurist, appointed by the Speaker or Chairman.
Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure.
The committee may also request a medical test if the charge relates to mental incapacity.
Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action.
Instances of Impeachment in India:
1993: Justice V Ramaswami (Supreme Court) faced impeachment proceedings on financial impropriety. The motion was unsuccessful despite a guilty finding.
2011: Justice Soumitra Sen (Calcutta High Court) was impeached for corruption but resigned before Lok Sabha could take up the matter.
2015: Justice S K Gangele (Madhya Pradesh High Court) faced impeachment on charges of sexual harassment, but the committee cleared him in 2017.
2015: Justice J B Pardiwala (Gujarat High Court) faced impeachment for controversial remarks about reservation but the motion was dropped after the judge expunged the remarks.
2017: Justice C V Nagarjuna (Andhra Pradesh & Telangana High Court) faced impeachment for financial misconduct and victimizing a Dalit judge, but the motion was not pursued.
PYQ:
[2019] Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
PYQ Relevance: Q) What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC CSE 2016)
Mentor’s Comment: UPSC Mains have previously ‘Judicial review’ (in 2016), and ‘religiousness/religiosity and Communalism’ (in 2017).
In a 2005 paper on ‘judicial inactivism,’ scholar Chad M. Oldfather discussed how courts have a “duty to decide” and how judicial inaction can be just as impactful as judicial action. He argued that failures to fulfill this duty are harder to detect than overreaching decisions, making inaction more concerning. A recent example of judicial deferment is the Supreme Court’s handling of the Sambhal masjid case in Uttar Pradesh. The Court refrained from a final decision, temporarily halting a survey-related civil court proceeding and sending the matter to the Allahabad High Court.
Today’s editorial underscores the approach adopted by the Supreme Court of India in the Sambhal masjid case (Uttar Pradesh).
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Let’s learn!
Why in the News?
The Court’s order shows, once again, a reluctance to deal with the main issue — it should have taken a clear stand on the validity of the Places of Worship (Special Provisions) Act.
What were the events leading up to the violence in Sambhal?
Survey Controversy: The local civil court ordered a survey of the Sambhal masjid, which heightened tensions among community members. This survey was perceived as an infringement on religious sentiments, leading to protests and unrest.
Political Context: The backdrop of communal politics in India, where historical grievances are often invoked, contributed to the volatility of the situation. The mosque’s status became a focal point for various groups, exacerbating tensions.
Loss of Lives: The unrest resulting from the survey led to violence and loss of human lives, highlighting the severe implications of judicial decisions that touch on sensitive communal issues.
How did the judicial system respond?
Supreme Court’s Order: The Supreme Court ordered a freeze on proceedings related to the survey and directed the matter back to the Allahabad High Court, effectively deferring a decisive ruling on the issue.
Judicial Deferment: This approach reflects a pattern of judicial inaction, where the Court avoids making definitive rulings on contentious issues, opting instead for temporary measures to maintain peace.
Failure to Uphold Legislation: Critics argue that the Court’s reluctance to uphold the Places of Worship (Special Provisions) Act, 1991, which aims to preserve the status quo of places of worship as they existed in 1947, represents a failure to honour legislative intent.
What are the implications of judicial inquiries and commissions in addressing communal tensions?
Limited Effectiveness: Judicial inquiries and commissions often serve as mechanisms for delay rather than resolution, as seen in previous cases like those involving the Citizenship (Amendment) Act and farm laws. They may lead to temporary solutions without addressing underlying legal issues.
Erosion of Trust: When courts engage in deferment rather than decisiveness, it can erode public trust in the judiciary’s ability to handle communal tensions effectively.
Potential for Inaction: The reliance on committees or inquiries can create a perception that the judiciary is avoiding its duty to decide, potentially emboldening communal actors who seek to exploit legal ambiguities.
How does this case reflect broader issues of judicial accountability and public trust in the legal system?
Judicial Inactivism: The phenomenon described by Chad M. Oldfather highlights that judicial inaction can have significant consequences, often more difficult to detect than overreach. This in-activism can undermine public confidence in judicial integrity.
Need for Assertiveness: The Supreme Court’s reluctance to assertively interpret and uphold laws like the Places of Worship Act raises concerns about its commitment to constitutional principles such as secularism and fraternity.
Impact on Communal Harmony: Judicial decisions—or lack thereof—play a crucial role in shaping societal dynamics. Inaction on contentious issues can exacerbate communal tensions rather than mitigate them, leading to further unrest and division within society.
Way forward:
Assertive Judicial Intervention: The Supreme Court should proactively address sensitive communal issues by upholding laws like the Places of Worship Act, ensuring that judicial decisions reflect the constitutional values of secularism and fraternity, and prevent further exploitation of legal ambiguities.
Timely and Decisive Rulings: To restore public trust, the judiciary must avoid deferring critical cases to lower courts or committees and instead issue clear, binding decisions that resolve underlying legal disputes, thereby maintaining social harmony and reinforcing accountability.
Justice Shekhar Kumar Yadav of the Allahabad High Court made comments against the Muslim community at an event organized by the Vishwa Hindu Parishad’s legal cell, which has caused a lot of public criticism.
What are the key ethical principles outlined in the code of conduct for judges?
Majority Rule: Justice Yadav stated that India would function according to the wishes of the majority, referring to Hindus as the “bahusankhyak” (majority) community. He implied that the values taught to children in one community differ significantly from those in another, particularly regarding animal slaughter practices.
Critique of Muslim Practices: He criticized certain practices within the Muslim community, such as polygamy and triple talaq, while asserting that Hindus revere women as goddesses. This comparison has been interpreted as a direct attack on Islamic traditions.
Response from Legal Community: The Campaign for Judicial Accountability and Reforms has called for an inquiry into Justice Yadav’s conduct, arguing that his statements violate judicial ethics and undermine public confidence in the judiciary. Prominent legal figures have also suggested impeachment proceedings against him.
How do codes of conduct vary across different jurisdictions and judicial systems?
United States: The American Bar Association has established Model Rules of Professional Conduct which emphasize independence, integrity, and impartiality.
United Kingdom: The Judicial Conduct Investigations Office oversees judicial behavior, with a focus on maintaining public confidence in the judiciary.
India: The Restatement of Values of Judicial Life serves as a guiding document for judges, emphasizing the need for impartiality and respect for constitutional values.
What are the consequences for judges who violate the code of conduct?
In-House Procedures: Many jurisdictions have internal mechanisms allowing for complaints against judges to be investigated without public embarrassment.
Impeachment: In severe cases, judges can be impeached for misconduct, requiring a significant legislative majority to proceed.
Public Reprimand or Suspension: Depending on the severity of the violation, judges may receive reprimands or temporary suspensions from their duties.
Way forward:
Strengthen Accountability Mechanisms: Establish clearer and more transparent procedures for addressing judicial misconduct, including an independent body to investigate complaints and ensure timely action, thus preserving public trust in the judiciary.
Promote Judicial Sensitivity and Training: Implement regular training programs on diversity, impartiality, and the ethical responsibilities of judges to reinforce the importance of maintaining neutrality and respect for all communities, both in and out of the courtroom.
The Opposition in Rajya Sabha is preparing to move a motion for impeachment of Allahabad High Court Judge for the same controversial remarks inciting communal hatred.
Impeachment Processfor Judges in India:
About
The process involves Parliament passing an address to the President to remove the judge.
To pass the motion, two–thirds of the MPs present and voting in both Lok Sabha and Rajya Sabha;
Must approve it, with a majority of more than 50% of the total membership of each House.
Key Constitutional Provisions
Article 124(4): The judge can only be removed by a Presidential order, passed after a majority vote in both Houses of Parliament.
The vote must come from two-thirds of the members present and voting.
Articles 218 of the Constitution extends the same rules to High Court judges.
The impeachment process ensures judicial independence by maintaining a high bar for removal, limiting political influence.
Grounds for Impeachment
A judge of the Supreme Court or High Court can be impeached on two grounds: “proved misbehaviour” or “incapacity” as per the Constitution of India.
Further clarified in the Judges (Inquiry) Act, 1968, including:
Misuse of office
Grave offences that undermine the judge’s integrity
Contravention of the provisions of the Constitution.
What does the process entail?
Procedure under the Judges Inquiry Act, 1968:
Initial Step: The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.
Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:
Headed by the Chief Justice of India or a Supreme Court judge.
The second member is usually a Chief Justice of any High Court.
The third member is a distinguished jurist, appointed by the Speaker or Chairman.
Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure.
The committee may also request a medical test if the charge relates to mental incapacity.
Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action.
Instances of Impeachment in India:
1993: Justice V Ramaswami (Supreme Court) faced impeachment proceedings on financial impropriety. The motion was unsuccessful despite a guilty finding.
2011: Justice Soumitra Sen (Calcutta High Court) was impeached for corruption but resigned before Lok Sabha could take up the matter.
2015: Justice S K Gangele (Madhya Pradesh High Court) faced impeachment on charges of sexual harassment, but the committee cleared him in 2017.
2015: Justice J B Pardiwala (Gujarat High Court) faced impeachment for controversial remarks about reservation but the motion was dropped after the judge expunged the remarks.
2017: Justice C V Nagarjuna (Andhra Pradesh & Telangana High Court) faced impeachment for financial misconduct and victimizing a Dalit judge, but the motion was not pursued.
Mains PYQ:
Q Distinguish between laws and rules. Discuss the role of ethics in formulating them. (UPSC IAS/2020)
U.S. President Joe Biden has issued an unconditional pardon to his son, Hunter Biden, who was facing sentencing for federal tax and gun-related convictions.
What is the history of the pardoning power in the U.S.?
Constitutional Basis: The U.S. Constitution grants the President the power to grant pardons for federal offenses under Article II, Section 2, which states that the President can “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”.
Historical Use: This power has been exercised by every president since George Washington. Notable historical examples include George Washington’s pardon of participants in the Whiskey Rebellion and Bill Clinton’s pardon of his half-brother Roger on his last day in office.
Controversial Pardons: The pardoning power has often been mired in controversy, with instances such as Donald Trump pardoning his son-in-law’s father and Joe Biden now pardoning his son Hunter. These actions have raised questions about nepotism and pthe olitical motivations behind such decisions.
What is the current controversy?
Hunter Biden’s Pardon: President Joe Biden granted an unconditional pardon to his son Hunter for federal tax and gun convictions.
This decision has sparked significant backlash from both Republicans and some Democrats, who view it as an abuse of power and a contradiction to Biden’s earlier statements that he would not intervene in his son’s legal matters.
Political Motivations: Biden defended his decision by claiming Hunter was unfairly prosecuted due to political motives. Critics argue that this reflects a broader pattern of using presidential pardons for personal or political gain, undermining public trust in the justice system 37.
What is the Indian system?
Constitutional Provisions: In India, Articles 72 and 161 empower the President and Governors to grant pardons, commutations, remissions, or reprieves. Unlike in the U.S., these powers are exercised on the advice of the council of ministers.
Nature of Pardon: A pardon in India absolves an offender from conviction and all associated disqualifications. The Supreme Court has held that this power is subject to judicial review to prevent arbitrary or biased decisions.
Political Controversies: Similar to the U.S., pardoning decisions in India have been embroiled in political controversies, often reflecting governmental biases or public sentiment at the time.
Way Forward
Need for Reform: Critics argue that modern uses of pardoning powers often serve political interests rather than justice. There is a call for reform to ensure that these powers are exercised transparently and judiciously.
Establishing Review Mechanisms: Learning from practices in other democracies, such as the UK’s Criminal Cases Review Commission, which investigates alleged miscarriages of justice, could help establish a more systematic approach to reviewing pardons and clemency applications 6.
Maintaining Public Trust: It is crucial for any future exercise of pardoning power to be conducted without perceptions of nepotism or bias.
Nearly 75 years after the adoption of the Constitution of India, the Supreme Court reaffirmed (on 25th Nov’ 24) the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble of the Constitution.
What historical context led to the insertion of the terms ‘socialist’ and ‘secular’ in the Preamble?
The Objectives Resolution, introduced by Jawaharlal Nehru in 1946, laid foundational principles for the Constitution, emphasizing independence, equality, and minority rights, which set the stage for later amendments.
Initial discussions around socialism and secularism occurred during the drafting of the Constitution, with early proposals to include these concepts being rejected. The debates highlighted differing views on the role of socialism and secularism in India’s governance.
The terms ‘socialist’ and ‘secular’ were inserted into the Preamble during the Emergency (1975-1977) under the 42nd Amendment, a time characterized by significant political unrest and government overreach.
What was the SC’s reasoning for upholding these terms in the Preamble?
Evolution of Meaning: The Supreme Court noted in 1973 () that the meanings of ‘socialism’ and ‘secularism’ have evolved over time within the Indian context.
The court recognized that these terms now reflect principles of economic justice and religious neutrality rather than strict ideological definitions.
Interpretation of Secularism: The court emphasized that India’s interpretation of secularism is unique, where the state neither endorses nor discriminates against any religion. This interpretation aligns with the Preamble’s ideals of fraternity and equality.
Socialism as Economic Justice: The court defined socialism as ensuring economic and social justice, asserting that it does not impede private enterprise but rather supports state intervention to uplift marginalized communities.
How do ‘socialist’ and ‘secular’ reflect India’s Constitutional values and principles?
Commitment to Justice: The inclusion of ‘socialist’ reflects a commitment to social and economic justice, aiming to reduce inequalities in society.
Religious Neutrality: By incorporating ‘secular’, the Constitution underscores India’s commitment to religious pluralism and the protection of individual rights regardless of faith.
Basic Structure Doctrine: The Supreme Court’s decision reinforces the idea that these terms are integral to the basic structure of the Constitution, which cannot be altered or removed without undermining India’s democratic framework.
What are the steps taken by the Government to implement the Socialist and Secular principles of the Preamble?
Promoting Social Justice (Socialist): Welfare schemes like MNREGA, Ayushman Bharat, and PDS reduce poverty and ensure equitable access, while progressive taxation and affirmative action address economic disparities.
Ensuring Religious Neutrality (Secular): Laws protecting religious freedom, minority rights (Articles 25–30), and institutions like the National Commission for Minorities promote interfaith harmony and safeguard pluralism.
Strengthening Democracy and Equality: Free and fair elections by the Election Commission and rights-based laws like the RTE Act and the SC/ST (Prevention of Atrocities) Act ensure equality, fraternity, and justice for all.
Way forward:
Strengthening Constitutional Values: Enhance awareness of constitutional principles through education and public campaigns, ensuring adherence to secularism, socialism, and democratic ideals in policymaking.
Inclusive Governance: Implement targeted programs to address socio-economic inequalities, promote interfaith dialogue, and uphold democratic rights, fostering harmony and justice in a diverse society.
Mains PYQ:
Q Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?. (UPSC IAS/2016)
On November 26, 2024, India celebrated 75 years of its Constitution, honouring how leaders from different viewpoints worked together in the Constituent Assembly to build a nation that respects the rights and interests of all cultural groups.
Why Did Constitution Makers Agree to Create a Liberal Political State in India?
Emphasis on Liberty: The Constitution-makers embraced liberalism, which prioritizes individual freedom and the belief that citizens should operate without state interference. This was seen as essential for realizing human potential in intellectual, moral, and physical dimensions.
Positive State Role: Recognizing the severe social and economic inequalities at Independence, the framers concluded that a purely liberal approach without state intervention would exacerbate these disparities. Thus, they envisioned a state that actively works to reduce inequality through affirmative action and policies designed to uplift marginalized groups.
Egalitarian Vision: The Constitution reflects principles of egalitarian liberalism, aiming to create an inclusive society where equal opportunities are available to all. This is evident in the Fundamental Rights and Directive Principles of State Policy (DPSP), which advocate for reducing inequalities and ensuring fair access to resources.
How Does the Neoliberal Ideological Order Shadow the Constitutional Vision of Creating an Egalitarian Social Order in India?
Concentration of Wealth: The neoliberal agenda has facilitated wealth concentration among a small elite, undermining constitutional provisions intended to prevent such disparities.
The report that indicates that by 2022-23, 90% of billionaire wealth was held by upper castes in India is titled “Towards Tax Justice and Wealth Redistribution in India” (2024), prepared by the World Inequality Lab at the Paris School of Economics.
Shift in Economic Focus: Since the adoption of neoliberal reforms in the 1990s, there has been a marked shift towards prioritizing private capital investment over welfare state interventions.
Rising Inequality: Research indicates that income inequality has surged post-reforms, with the top 1% of earners capturing an increasing share of total income rising from 6% in the 1980s to approximately 22% by 2022-23.
What Policy Measures Can Be Implemented to Address Inequality Effectively? (Way forward)
Strengthening Welfare Policies: Reinvigorating welfare state mechanisms to ensure basic needs are met for all citizens can help bridge the gap between different socio-economic groups. This includes enhancing social security systems and public health initiatives.
Affirmative Action: Expanding affirmative action policies can help uplift marginalized communities by ensuring their representation in education, employment, and political spheres.
Progressive Taxation: Implementing a more progressive tax system can redistribute wealth more equitably. Higher taxes on the wealthy can be used to fund social programs aimed at reducing poverty and improving access to education and healthcare.
Community Resource Management: Encouraging community-based management of resources can empower local populations and ensure equitable distribution of wealth generated from local economies.
Regulatory Frameworks: Establishing robust regulatory frameworks that prevent monopolistic practices and ensure fair competition can help mitigate wealth concentration and promote economic equity.
Mains PYQ:
Q COVID-19 pandemic accelerated class inequalities and poverty in India. Comment. (UPSC IAS/2020)
Referring to the framers of India’s Constitution solely as “founding fathers” reflects patriarchal bias, overlooking the pivotal contributions of the “founding mothers” who co-authored its progressive vision like UCC (Uniform Civil Code).
What are the implications of the UCC for women’s rights in a diverse society?
Equality Across Personal Laws: The UCC aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
Legal Protection Against Patriarchal Religious Law: By establishing a uniform framework, the UCC could provide women with equal rights in matters traditionally dominated by patriarchal interpretations of religious laws.
Cultural Resistance: The implementation of the UCC faces resistance due to India’s diverse cultural landscape. Many communities view it as an infringement on their religious freedoms.
How does feminist constitutionalism challenge traditional interpretations of the Indian Constitution?
Challenging Patriarchal Narratives: Feminist constitutionalism critiques traditional interpretations that often marginalise women’s contributions and rights.
For example, while the Indian Constitution guarantees equality, its application has frequently been undermined by personal laws that perpetuate women’s subordination.
Reinterpreting Constitutional Provisions: Feminist legal theorists argue for a reinterpretation of constitutional provisions to ensure they align with contemporary understandings of gender equality.
Historical background of the Constitution: The historical context of the Constitution’s framing reveals that while women like Amrit Kaur and Hansa Mehta fought for equal rights, their efforts were often compromised by the need to secure broader political consensus.
For example, Hansa Mehta and Amrit Kaur strongly advocated for the inclusion of the UCC under the Fundamental Rights to ensure gender equality in personal laws.
What role does historical context play in shaping contemporary gender jurisprudence in India?
Legacy of Founding Mothers: The contributions of women in the Constituent Assembly have been historically overlooked, yet their advocacy for fundamental rights laid a foundation for future gender jurisprudence.
Impact on Contemporary Legislation: Historical struggles against patriarchal norms inform today’s feminist movements and legal battles. The ongoing discourse around the UCC is rooted in these historical contexts, highlighting both progress made and obstacles remaining in achieving true gender equality.
Intersectionality: The intersectional experiences of women from diverse backgrounds during the Constitution’s framing underscore the need for inclusive legal frameworks that address not only gender but also caste, class, and community-specific issues.
In what ways can feminist legal theory contribute to redefining concepts of justice and equality in India? (Way forward)
Redefining Justice and Equality: Feminist legal theory advocates for a broader understanding of justice that encompasses social, economic, and cultural dimensions rather than merely legalistic definitions. This perspective encourages policies that address systemic inequalities faced by women.
Promoting Inclusive Dialogue: By emphasizing women’s voices and experiences in legal discourses, feminist theory fosters inclusive dialogue about rights and justice, challenging dominant narratives that often exclude marginalized groups.
Encouraging Legislative Reforms: Feminist legal scholars push for legislative reforms that reflect an understanding of gender as a social construct influenced by cultural norms, thereby advocating for laws that protect women’s rights comprehensively across all spheres.
Mains PYQ:
Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)
PYQ Relevance: Q) ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC CSE 2021)
Mentor’s Comment: UPSC Mains have focused on Constitutional Principles (2014 and 2019) with respect to ‘basic features’ and ‘checks and balances’.
Before commending the Constitution’s work to the Assembly, Dr. B. R. Ambedkar said that – “however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”
Today’s editorial focuses on the enduring relevance and adaptability of the Indian Constitution. This content can be used whicle inferring ‘Constitutional Background’, ‘Core Principles of the Constitution’ and ‘Balance of Power’ in your Mains Answers.
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Why in the News?
Today 26th November, marks the 75th anniversary of the adoption by the Constituent Assembly of the draft Constitution of India. The Union government has announced that it intends to commemorate this momentous occasion with a special joint sitting of Parliament.
Historical Background:
The Indian Constitution is celebrated for its comprehensive framework that establishes India as a sovereign, socialist, secular, and democratic republic. The Constitution not only outlines the structure of government but also enshrines fundamental rights that protect individual freedoms and uphold justice.
Core Principles: • Justice: Ensuring fairness in all judicial processes. • Liberty: Protecting individual freedoms against state interference. • Equality: Guaranteeing equal treatment under the law. • Fraternity: Promoting a sense of brotherhood among citizens.
How does the Constitution adapt to the changing socio-political landscape of India?
Amendability: This structure enables the Constitution to evolve without compromising its core principles, through Article 368, ensuring it remains relevant to current societal needs:
Simple Majority: Some provisions can be amended by a simple majority in Parliament.
Special Majority: Others require a special majority, which includes a two-thirds majority in both Houses.
Ratification by States: Certain amendments necessitate ratification by at least half of the state legislatures.
Judicial Interpretation: The Supreme Court of India has established several landmark judgments that illustrate this adaptability with changing conditions:
Kesavananda Bharati Case (1973): This case introduced the “basic structure doctrine,” asserting that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
Right to Privacy: The Supreme Court’s recognition of the right to privacy as a fundamental right under Article 21 demonstrates how judicial interpretation can expand constitutional protections in response to modern concerns.
Balancing Rigidity and Flexibility: The hybrid nature of the Indian Constitution—combining elements of rigidity with flexibility—ensures that balance is crucial for maintaining democratic governance and protecting fundamental rights against arbitrary alterations.
Dynamic Nature of Constitutional Principles: CJI D.Y. Chandrachud emphasized that no single generation holds a monopoly over constitutional interpretation, reflecting a continuous dialogue between generations. This dialogue allows for evolving challenges such as technological advancements and changing social norms.
Inclusion of New Realities: The Constitution’s flexibility facilitates the inclusion of new realities and societal demands:
Directive Principles of State Policy (DPSP): These principles guide the state in policy-making and reflect socio-economic changes, allowing for progressive reforms in areas like social justice and economic equity.
Gender Equality and Rights: Recent rulings have addressed gender discrimination in religious practices, showcasing how the Constitution adapts to uphold rights against traditional norms.
What is the significance of constitutional values in promoting justice and equality in India?
Justice: The Constitution guarantees justice through its Preamble and Fundamental Rights, ensuring that every citizen can receive fair treatment under the law.
For instance, the Joseph Shine v. Union of India (2018) case decriminalized adultery, reinforcing gender equality and emphasizing that both partners in a marriage should be treated equally under the law.
Equality Before Law: Article 14 ensures that all individuals are treated equally, prohibiting discrimination.
The Navtej Singh Jauhar v. Union of India (2018) case is a landmark ruling that decriminalized consensual same-sex relationships by striking down Section 377 of the Indian Penal Code, thus affirming the rights of the LGBTQ+ community and promoting social equality.
Fraternity and Social Cohesion: The value of fraternity promotes unity and respect among diverse communities. Chief Justice D.Y. Chandrachud emphasized the importance of mutual fraternity for maintaining equality in order to raise awareness about constitutional values, highlighting that dignity and respect for all citizens are foundational to national unity.
Economic Equality: The Constitution also addresses economic disparities through Directive Principles, aiming for equal rights to livelihood and equal pay for equal work (Article 39). This framework guides government policies towards creating a more equitable society.
In what ways can citizens actively engage with and uphold constitutional ideals?
Participating in Local Governance: The 74th Constitutional Amendment Act empowers citizens to participate in local governance through structures like ward committees. These committees allow residents to voice concerns and influence local decisions.
For example,Under JNNURM (Jawaharlal Nehru National Urban Renewal Mission), various states established Area Sabhas (neighborhood committees) to facilitate citizen participation in urban planning.
In cities like Pune, these committees have successfully engaged citizens in developing city plans, leading to improved infrastructure and services based on community needs.
Advocating for Rights and Social Justice: Citizens can advocate for their rights by participating in legal awareness programs that educate them about their constitutional rights.
For example initiative like the ‘Vidhi Jagriti Abhiyaan’focuses on educating rural populations (especially women) about their legal rights, enabling them to seek justice against violations.
Engaging in Digital Activism: With the rise of digital media, citizens can use online platforms to raise awareness about constitutional issues and mobilize support for various causes.
The #MeToo movement gained significant traction on social media, where women shared their experiences of harassment and sought justice.
Participating in Elections and Civic Duties: Active participation in elections is fundamental to democracy. Citizens should not only vote but also engage with candidates and political parties on issues that matter to them.
Initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) program have successfully increased voter turnout, particularly among young voters.
Conclusion: “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.” – Dr. Ambedkar
Q) Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. (UPSC CSE 2014)
Q) Given the diversities among tribal communities in India, in which specific contexts should they be considered as a single category? (UPSC CSE 2022)
Prelims Relevance:
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then (2018) (a) The Assembly of the State is automatically dissolved. (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. (c) Article 19 is suspended in that State. (d) The President can make laws relating to that State.
Mentor’s Comment:Federal issues, state-centre conflicts, or the Northeast ethnic issues have always been the focal point for UPSC Mains and Prelims.
Today’s editorial focuses on present ethnic crises and government failure in the Manipur state. It majorly talks about the implications that we can face after the application of the President’s Rule.
We can use this content for topics like – Governance failure, Federal challenges, and Ethno-religious issues in India.
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Why in the News?
The continued violence in Manipur since May 2023 shows a failure of governance, making it necessary for the President to use Article 356, even without waiting for the Governor’s report.
About Article 356
• Provision of President’s Rule: Article 356 allows the President of India to take direct control of a state if its constitutional machinery fails, typically leading to the dissolution or suspension of the state government. • Conditions for Invocation: It can be invoked based on the Governor’s report or if the President is otherwise satisfied that the state cannot be governed under constitutional provisions.
Why the state of Manipur reflects a classic case of failure of Constitutional machinery?
Manipur exemplifies a failure of constitutional machinery due to the unabated violence that erupted in May 2023, which has led to significant loss of life and displacement.
The ongoing ethnic conflict between the Meitei and Kuki-Zo communities has resulted in over 250 deaths and the displacement of approximately 60,000 people, indicating a breakdown of law and order.
The President of India is empowered under Article 356 to intervene when a state’s governance cannot be maintained according to constitutional provisions, and the situation in Manipur has prompted calls for such intervention.
The inability of both state and central governments to restore peace and protect citizens’ rights underscores this constitutional failure.
What are the recent issues and challenges related to Manipur?
Ethnic Violence: Continuous clashes between the Meitei and Kuki communities have resulted in significant casualties and widespread destruction.
Displacement: More than 60,000 individuals have been displaced from their homes, living in precarious conditions in relief camps.
Government Inaction: Reports indicate a lack of effective response from both state and central governments, leading to accusations of complicity or negligence.
Human Rights Violations: Numerous reports highlight serious human rights abuses, including gender-based violence, extrajudicial killings, and the destruction of property.
Political Instability: The ruling party’s inability to manage the crisis has led to calls for accountability and demands for the Chief Minister’s resignation.
What are the reasons behind the Manipur issues?
• Historical Ethnic Tensions and Insurgency: Long-standing ethnic conflicts between the Hindu Meitei and Kuki-Zomi tribal groups, fueled by land rights disputes and autonomy movements, have created a climate of mistrust and violence. • Immediate Triggers: The Manipur High Court’s directive to consider ST status for the Meitei community sparked protests by tribal groups, escalating into violent clashes on May 3, 2023. • Socio-Political Dynamics: Discriminatory perceptions of government policies, such as eviction drives, and the influx of Kuki refugees from Myanmar have heightened tensions over demographic shifts and resource competition.
The Supreme Court has issued several orders regarding the situation in Manipur:
Initial Response: On May 8, 2023, the Court acknowledged a temporary lull in violence but emphasized the need for law and order maintenance and humanitarian relief.
Suo Motu Action: In July 2023, following disturbing reports of sexual violence against women during the riots, the Court demanded accountability from the government for these violations and required updates on actions taken against perpetrators.
Continued Oversight: Despite multiple hearings (27 reported), the Court’s interventions have been criticized as slow and ineffective given the ongoing violence and human rights abuses.
Way forward:
Restoring Law and Order: Deploy neutral central forces to ensure immediate cessation of violence, provide security to all communities, and expedite relief and rehabilitation efforts for the displaced.
Inclusive Dialogue and Policy Reform: Facilitate dialogue among ethnic groups to address grievances, implement impartial governance measures, and establish long-term frameworks to promote harmony and equitable resource distribution.
PYQ Relevance: Q) The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (UPSC CSE 2020)
Mentor’s Comment: UPSC Mains have continuously focused on some micro themes in the Judiciary like – Judicial Governance (2023-24),major decisions taken by Apex Court, and the issues/challenges associated with Indian Judiciary (in 2021).
World Justice Project’s Rule of Law Index ranks India at 69th out of 139 countries, reflecting public concerns about corruption and delays within the judiciary. Today’s Editorial talks about the challenges and some of the recent initiatives taken by the Judiciary.
This Editorial can be effectively used as a ‘case study’ as well as for representing present ‘challenges’ faced by the Indian Judiciary.
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Why in the News?
The Chief Justice of India unveiled a new statue of Lady Justice at the Supreme Court premises, replacing the earlier version. The new statue features Lady Justice in a saree, without a blindfold, holding scales in one hand and the Indian Constitution in the other.
What is the Background?
Origin of Lady Justice: The modern depiction of ‘lady justice’ is rooted in Justitia, the Roman goddess of justice, characterized by a blindfold (clossed eyes), scales, and a sword.
The symbolism of the Blindfold: Introduced during the Renaissance as a satire on corrupt legal systems, it later came to represent impartiality during the Enlightenment, emphasizing justice without bias related to wealth or social status.
How does this new representation reflect societal demands for justice?
Colonial Influence: The British legal system established in India introduced a hierarchical court structure. ‘Lady justice’ became a prominent symbol in Indian courts during this period.
Decolonial Intent: The new statue aims to replace colonial symbols with representations more aligned with Indian traditions.
Cultural Representation: The statue’s attire is changed to a saree, reflecting Indian heritage.
Open Eyes: The removal of the blindfold signifies that justice is not blind. It acknowledges social diversity and the need for nuanced approaches to justice for underprivileged groups.
Constitution as Symbol: The sword is replaced with the Constitution, highlighting its supremacy in Indian jurisprudence while maintaining the scales to signify impartiality in weighing evidence.
What are the implications of it?
Controversies Around Statues: Historical controversies surrounding judicial statutes highlight the need for careful consideration of how justice is visually represented. Questions arise about whether justice should embody protest and resistance or reflect lived experiences and struggles.
Re-envisioning Justice: There is a call for justice representations to signify virtues such as feminism, anti-caste sentiments, secularism, and judicial independence. The aim is to creatively challenge existing biases within the judiciary while fostering discussions on improving public perceptions without perpetuating new forms of discrimination based on caste or religion.
Interpretation may differ related to the new statute of Lady justice but the Government should focus on issues related Judiciary in India:
What are the challenges related to the judiciary?
•Judicial Delays: The Supreme Court recently dismissed a plea for a three-year timeline to resolve over five crore pending cases, citing practical challenges due to overwhelming litigation. •Revised Memorandum of Procedure: There is an urgent need to finalize this document regarding judge appointments to enhance transparency and accountability in the judiciary. • Representation Issues: Less than 25% representation from backward classes, scheduled castes, tribes, and religious minorities exists in higher judiciary roles; women represent less than 15%. Appointments should reflect India’s social diversity. • Court Capacity: High Courts operate at only 60-70% capacity, exacerbating case backlogs. The government needs to expedite appointments based on collegium recommendations and fill vacancies in lower courts promptly. •Priority Cases: Constitutional validity cases and those concerning individual liberties should be prioritized by the higher judiciary to ensure timely justice delivery.
Way forward:
Strengthen Judicial Capacity: Expedite appointments in higher and lower courts to address vacancies, enhance infrastructure, and streamline case management systems to reduce pendency.
Promote Diversity and Transparency: Finalize the Memorandum of Procedure for judicial appointments, ensuring representation of marginalized communities and women to reflect India’s social diversity and foster inclusivity.
Constitutional forefathers were aware of the fact that an extremely rigid constitution would not fulfill the aspirations of future generations. They also believed that the Constitution should be a living document that would be shaped by the exigencies of the time. So, the constitution makers incorporated Part-XX (Article 368) to provide for a detailed procedure to amend the constitution.
Amendment Procedure
Aspect
Exclusive Power of Parliament: Only Parliament can introduce a constitutional amendment bill, not state legislatures.
Introduced by: Any member of Parliament can introduce the bill.
No Prior Approval: President’s recommendation is not required to introduce the bill.
Legislative Procedure in Parliament
Majority: Passed by a special majority in each House (majority of total membership and two-thirds of members present and voting).
No Joint Sitting: Each House must pass the bill separately; no provision for a joint sitting.
Ratification by State Legislatures
If amending federal provisions, the bill must be ratified by half of the state legislatures by a simple majority.
Presidential Assent
Assent Required: President must give assent once the bill is passed by Parliament and ratified by states, if necessary. (24th amendment)
Becomes an Act: The bill becomes a Constitutional Amendment Act after Presidential assent.
Types of Amendments
Type of Amendment
Details
Example
Amendment by Simple Majority
Not under Article 368: Done through a bill passed by each house with a simple majority.
Creation/abolition of legislative councils, quorum in Parliament, MP salaries, rules of procedure, privileges, use of English in Parliament, number of Supreme Court judges, more jurisdiction to Supreme Court, citizenship, elections.
Amendment by Special Majority of Parliament
Article 368: Bill passed by each house with a special majority.
Fundamental rights, DPSPs, and other non-specified provisions.
Required Majority: Majority of total members and two-thirds of members present and voting.
For 540 members in Lok Sabha, 273 total members and 354 (two-thirds of 531 present) must approve.
Amendment by Special Majority and Ratification by States
Federal Structure Provisions: Special majority in Parliament and ratification by half of state legislatures.
Election process of President, Union and state executive powers, legislative functions distribution, High Courts, Supreme Court, seventh schedule lists, state representation in Parliament, Article 368, GST Council.
Amendments often reflect evolving social norms, values, and requirements of the society.
– Constitutional (One Hundred and Third Amendment) Act, 2019: Provides for reservation in education and public employment for economically weaker sections.
Technological Advancements
Updates to accommodate technological progress and address new-age challenges.
101st Amendment, 2016: Introduced the Goods and Services Tax (GST)
Correcting Oversights or Errors
Address ambiguities or outdated provisions in the constitution that may arise over time.
The 44th Amendment of the Indian Constitution, sought to undo several changes made by the controversial 42nd Amendment during the Emergency period
Judicial Directives
Amendments in response to judicial interpretations that necessitate legislative clarification.
The 24th Amendment of the Indian Constitution was a direct response to judicial challenges and debates about the extent and limitations of the Parliament’s amendment powers.
Decentralization of Power
Enhance governance by redistributing power and responsibilities, fostering local governance.
Constitutional (Seventy-third Amendment) Act, 1992 and Constitutional (Seventy-fourth Amendment) Act, 1992: Strengthened the Panchayati Raj institutions and introduced similar structures for urban local bodies.
Protecting Rights
Expand or recalibrate fundamental rights to reflect contemporary values and international standards.
– Constitutional (Eighty-sixth Amendment) Act, 2002: Made education a fundamental right for children aged 6 to 14 years under Article 21A.
Structural Reforms
Modify or streamline governmental and judicial structures to enhance efficiency and effectiveness.
– Constitutional (One Hundred and First Amendment) Act, 2016: Introduced the Goods and Services Tax (GST) for a uniform tax regime across the country.
Criticism of Amendment Procedure
Criticism
Details
Concentration of Power – Limited Role of States
Only Parliament can amend the Constitution; state legislatures cannot introduce amendments.
Excessive Powers to Parliament
Parliament can change most of the Constitution with a special or simple majority.
Dual Role of Parliament
Parliament has both constituent and ordinary law-making powers; no separate constituent assembly.
No Provision for Joint Sitting
No joint sitting for resolving deadlocks over constitutional amendment bills.
Similar to Ordinary Law Making
The process of amending the Constitution is similar to making ordinary laws, except for the need for a special majority.
Limitations of Amendment powers of Parliament
Limitation
Details
Examples/Notes
Basic Structure Doctrine
Parliament cannot alter the fundamental framework of the Constitution.
Established in Kesavananda Bharati (1973); includes principles like secularism, democracy, and rule of law.
Procedural Limitations
Amendments must follow a strict procedure, requiring a special majority in Parliament and sometimes ratification by state legislatures.
Article 368 outlines these requirements; affects amendments involving federal relations and representation.
Judicial Review
The Supreme Court can review and invalidate amendments that breach the Constitution’s basic structure.
Minerva Mills case (1980) and I.R. Coelho case (2007).
Political and Social Consensus
Substantial political and social consensus is often necessary for passing amendments due to the requirements for a special majority.
Ruled that Parliament could amend any part of the Constitution, including fundamental rights.
Sajjan Singh vs. State of Rajasthan (1965)
Reaffirmed the ability of Parliament to amend the Constitution under Article 368, including fundamental rights.
Golaknath vs. State of Punjab (1967)
Overturned previous rulings, stating Parliament could not amend fundamental rights.
Kesavananda Bharati vs. State of Kerala (1973)
Introduced the “basic structure” doctrine, establishing that Parliament cannot alter the fundamental framework of the Constitution through amendments.
Indira Nehru Gandhi vs. Raj Narain (1975)
Struck down the 39th Amendment related to the election of the Prime Minister, asserting that amendments violating the “basic structure” of the Constitution are unconstitutional.
Minerva Mills vs. Union of India (1980)
Reinforced the “basic structure” doctrine. Held that clauses inserted by the 42nd Amendment, which declared that no amendment could be called in question in any court, were invalid.
Waman Rao vs. Union of India (1981)
Validated the constitutionality of all amendments made up to the Kesavananda Bharati judgment, applying the basic structure doctrine prospectively, not retrospectively.
I.R. Coelho (Dead) By LRs vs. State of Tamil Nadu (2007)
Reaffirmed the basic structure doctrine. Ruled that laws put in the Ninth Schedule after the Kesavananda Bharati case are subject to judicial review if they violate the basic structure.
Important amendments
Amendment
Key Provisions & Significance
1st Amendment, 1951
Empowered the state to make special provisions for the advancement of socially and economically backward classes. Provided for the saving of laws providing for acquisition of estates, etc. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review. Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions “reasonable” and thus, justiciable in nature. Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
24th Amendment, 1971
Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights. Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
25th Amendment, 1971
Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.
42nd Amendment, 1976
Added three new words (i.e., socialist, secular and integrity) in the Preamble. Added Fundamental Duties by the citizens (new Part IV A). Made the president bound by the advise of the cabinet. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. Made the constitutional amendments beyond judicial scrutiny. Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wildlife. Extended the one-time duration of the President’s rule in a state from 6 months to one year. Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. Provided for the creation of the All-India Judicial Service.
44th Amendment, 1978
Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years). Omitted the reference to the British House of Commons in the provisions pertaining to parliamentary privileges. Gave constitutional protection to publication in newspapers of true reports of the proceedings of the Parliament and the state legislatures. Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president. Replaced the term “internal disturbance” by “armed rebellion” in respect of national emergency. Made the President to declare a national emergency only on the written recommendation of the cabinet. Deleted the right to property from the list of Fundamental Rights and made it only a legal right. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
52nd Amendment, 1985
Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.
61st Amendment, 1989
Reduced the voting age from 21 to 18 years, broadening democratic participation.
73rd Amendment, 1992
Granted constitutional status and protection to the panchayati raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as “the panchayats” and a new Eleventh Schedule containing 29 functional items of the panchayats.
74th Amendment, 1992
Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment has added a new Part IX-A entitled as “the municipalities” and a new Twelfth Schedule containing 18 functional items of the municipalities.
86th Amendment, 2002
Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine”. Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years”. Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years”.
99th Amendment Act, 2014
Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). However, in 2015, the Supreme Court declared this amendment act as unconstitutional and void. Consequently, the earlier collegium system became operative again.
101st Amendment, 2016
aved the way for the introduction of the goods and services tax (GST) regime in the country. The GST shall replace a number of indirect taxes being levied by the Union and the State Government. It is intended to remove the cascading effect of taxes and provide for a common national market for goods and services. Provided for the establishment of a Goods and Services Tax Council by a presidential order. Made the provision of compensation to the states for loss of revenue arising on account of introduction of GST for a period of five years.
102nd Amendment Act, 2018
Conferred a constitutional status on the National Commission for Backward Classes which was set-up in 1993 by an Act of the Parliament. Relieved the National Commission for Scheduled Castes from its functions with regard to the backward classes. Empowered the President to specify the socially and educationally backward classes in relation to a state or union territory.
103rd Amendment Act, 2019
Allowed the state to make a provision for the reservation of upto 10% of seats for economically weaker sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
National Press Day is celebrated annually on November 16 to honour the critical role of a free and responsible press in society.
It marks the start of the Press Council of India in 1966, established as a moral watchdog to uphold press standards and protect it from undue influence or threats.
About the Press Council of India (PCI):
Details
Historical Background
• Constituted on July 4, 1966, as an autonomous, statutory, and quasi-judicial body.
• Established to act as a moral watchdog over the press to ensure it operates with ethics and independence.
• First Press Commission of India (1954) recommended forming a council to uphold professional standards in journalism.
• Initially governed by the Press Council Act of 1965, later replaced by the Press Council Act of 1978.
Composition of PCI
• Comprises 28 members and a Chairperson.
• Chairperson appointed by a committee that includes the Chief Justice of India, the Speaker of the Lok Sabha, and a representative of the President.
• Member Representation:
– 13 working journalists representing different news organizations.
– 6 members from editors and newspaper owners.
– 5 members from Parliament (3 from Lok Sabha, 2 from Rajya Sabha).
– 1 nominee each from the University Grants Commission (UGC), the Bar Council of India (BCI), and Sahitya Akademi.
• Term: Each member serves a 3-year term and can be re-elected.
Powers and Functions of PCI
• Quasi-Judicial Authority: PCI has statutory powers to hold inquiries into complaints against the press or journalists for professional misconduct.
• Inquiry Powers: PCI can summon witnesses and call for documents if necessary.
• Disciplinary Action: PCI has the authority to censure or admonish newspapers, editors, or journalists for violating professional ethics.
• Recommendations: Although PCI cannot enforce laws or impose penalties, it can recommend actions to the relevant authorities in case of serious violations.Functions:
• Upholding Press Freedom: Ensures that the press in India is free from undue influence and performs its duties with responsibility.
• Protecting Journalists: Investigates complaints of harassment or threats against journalists and defends their rights.
• Policy Advisory Role: Advises the government on policy issues that affect press freedom and media laws.
• Studies and Reports: Conducts studies on media issues, such as election reporting, defense coverage, and journalist safety, to provide guidelines on responsible reporting.
PYQ:
[2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
42nd Amendment added Fundamental Duties to the Indian Constitution (Swaran Singh Committee recommendation) in 1976 through Part IV-A and Article 51-A, initially listing ten duties.
86th Amendment: Added an 11th duty in 2002, making it a duty for parents to provide education to children aged 6-14.
Fundamental Duties emphasize citizens’ moral obligations and commitments to society and the nation, highlighting the inseparable nature of rights and duties. Countries like China, the Netherlands, Vietnam, and Japan have included Fundamental Duties in their constitutions.
Verma committee recommended including Fundamental Duties in school curricula and making voting in elections a Fundamental Duty.
Fundamental Duties: List and Application
Article 51A – Fundamental Duty
Application
(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
Standing up in movie theatres during the national anthem
(b) To cherish and follow the noble ideals that inspired the national struggle for freedom
Including the Desh Bhakti curriculum in the school syllabus
(c) To uphold and protect the sovereignty, unity, and integrity of India
SATARK NAGRIK SURAKSHIT DESH – being vigilant
(d) To defend the country and render national service when called upon to do so
Volunteering during COVID-19 crisis
(e) To promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities, and to renounce practices derogatory to the dignity of women
Stopping mob lynching or honor killings; objecting to the objectification of women in advertisements
(f) To value and preserve the rich heritage of the country’s composite culture
Stopping graffiti on the walls of monuments
(g) To protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures
Reusing, reducing, and recycling plastic waste
(h) To develop the scientific temper, humanism, and the spirit of inquiry and reform
Avoiding falling prey to fake news
(i) To safeguard public property and to abjure violence
Adhering to peaceful protests
(k) To provide opportunities for education to his child or ward between the ages of six and fourteen years
Valuing entrepreneurship and start-up culture
(k) To provide opportunities for education to his child or ward between the age of six and fourteen years
(k) To provide opportunities for education to his child or ward between the ages of six and fourteen years
In 1976, the Indira Gandhi government set up a Committee under Sardar Swaran Singh to recommend fundamental duties during the internal emergency (1975-1977).
Unaccepted Recommendations
Paying taxes: Duty to pay taxes as a Fundamental Duty was recommended.
Penal provisions: Parliament could impose penalties for non-compliance with duties.
Doing away with Judicial review: Laws imposing penalties for non-compliance would not be questioned for violating Fundamental Rights.
Characteristics and Significance of Fundamental Duties
Characteristic
Description
Specific Examples
Non-Justiciable
Fundamental Duties are not enforceable by law, meaning no legal action can be taken if they are not followed.
No citizen can be legally compelled to sing the national anthem, but respect during its rendition is expected.
Moral and Civic Obligations
Serve as moral guidelines for civic behavior to promote discipline and commitment to the nation.
To renounce practices derogatory to the dignity of women
Enforceable by Law
Parliament can impose penalties for failing to follow Fundamental Duties.
Flag Code of India
Promotive of Constitutional Ideals
Reflect and reinforce constitutional principles like sovereignty, unity, and integrity.
Duty to uphold and protect the sovereignty, unity, and integrity of India (Article 51A).
Comprehensive in Scope
Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)).
Duty to protect and improve the natural environment including forests, lakes, rivers (Article 51A(g)).
Inspirational Role
Inspire citizens to participate actively in national development and uphold national pride.
Promotes involvement in community services and observance of laws promoting national interest.
Rooted in Indian Culture
Represents traditional Indian values like tolerance, peace, and communal harmony.
Promoting communal harmony during festivals and public celebrations to maintain peace and unity.
Instrumental in Legal Framework
Influence legal interpretations and support the enactment of laws aligned with civic responsibilities.
Courts may refer to duties like promoting harmony (Article 51A(e)) when adjudicating cases on communal harmony.
Guidance for State Policies
Guide the state in formulating policies that reflect the fundamental values of the Constitution.
Duty to protect and improve the natural environment including forests, lakes, and rivers (Article 51A(g)).
PYQ Relevance: Q) Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC CSE 2021)
Mentor’s Comment: UPSC Mains has always focused on Governance and Policy issues related to Education in India – Free and Compulsory Education (in 2022), National Education Policy (in 2021), and Inclusive development through SDG 4 (in 2020).
In the 2022 Global Education Ranking, India was placed 107th out of 140 countries in terms of educational quality, reflecting ongoing challenges in achieving equitable access across different religious communities.
Being an old civilization known for its rich tapestry of culture, Why is India standing back?
Is the Government/Judiciary taking any initiative to improve this situation?
Today’s editorial focuses on the Educational Universities in India that need the governance call to ensure educational policies are free from religious bias while promoting a culture of tolerance. This editorial analysis can be used in both cases – for ‘Educational Policy Development’ and ‘Inclusive Development’.
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Let’s learn!
Why in the News?
The Apex Court in a landmark 4:3 ruling by a seven-judge bench has overruled its past 1967 decision that denied AMU minority status.
In a new ruling, the court clarified that universities founded by minority communities should be recognized as such, even if they are governed by an Act of Parliament.
The court has now sent the question of AMU’s minority status to another panel for further review, which could have important implications for student admissions and the university’s independence.
Background of this Case:
• 1981 Reference: The AMU (Amendment) Act, 1981 was enacted by the Indian Parliament to restore the minority status of AMU after it had been challenged in previous judgments, including the landmark case of S. Azeez Basha vs. Union of India (1967) This amendment recognized AMU as a minority institution, allowing it to reserve seats for Muslim students. • 2019 Reference: In 2019, a three-judge bench of the Supreme Court referred the issue of AMU’s minority status to a larger seven-judge bench for further examination due to ongoing legal debates about the university’s classification as a minority institution and its implications for educational policies. • 2024 Judgement: The present AMU judgment is unique because the dissenting opinions did not truly oppose the broader interpretation of Article 30 of the Constitution, which protects minority educational institutions. Article 30 of the Indian Constitution guarantees the right of minorities to establish and administer educational institutions of their choice. • The ruling emphasized that past judgments should not limit the Constitution’s ability to evolve (as it did in the K.S. Puttaswamy case of 2017), and the minority status should involve a flexible and comprehensive approach. • The upcoming decisions regarding AMU’s status could significantly affect educational policies and minority rights in India.
What are the fundamental differences between Universities and Religious Institutions?
Mission and Values: Universities focus on academic excellence, research, and critical thinking and offer diverse programs across various disciplines without a religious foundation.
Religious Institutions are based on specific religious beliefs, integrating faith and moral values into education that includes courses on theology and ethics.
Infrastructure and Networking opportunities: Universities often have larger classes, and a wide range of clubs and organizations, leading to less individual attention.
While religious institutions typically feature smaller classes, and emphasize faith-based activities, allowing for personalized mentorship that includes spiritual guidance.
Policies: Universities are open to all qualified students, adhering to non-discrimination policies. On the other hand, religious institutions may prioritize applicants who share their faith or require adherence to specific values.
What are the implications of these differences on Academic Freedom?
Academic Freedom in Universities: A collegial governance model supports academic freedom by allowing faculty to pursue research and teaching without undue interference. It promotes an environment where diverse viewpoints can be expressed, fostering critical thinking and innovation.
However,increasing corporatization leads to a focus on profitability and market-driven priorities, which can undermine traditional academic values.
Academic Freedom in Religious Institutions: The hierarchical governance may restrict academic freedom, as decisions are often influenced by religious beliefs and doctrines. Faculty may face limitations if they conflict with the institution’s religious values.
Whilereligious institutions may be more vulnerable to ideological conformity based on their foundational beliefs.
What are the concerns about Minority Status criteria?
Governance Structure: Presently, the judges have argued that a university should not be granted minority status just because it has a governance structure/infrastructure similar to other universities.
Exclusive Communal Character: According to the judiciary, the minority status should depend on an institution primarily serving one particular community. However, this approach could limit the diversity and inclusivity that universities should promote.
Universities vs. Religious Institutions: The universities should not be treated like religious institutions, which have specific beliefs defining their identity.
Expecting secular universities to segregate based on community contradicts the principles of Article 30 of the Indian Constitution, which supports inclusive education for all.
What needs to be focused?
Emphasize the Incorporating Act: Justice M.H. Beg, in Xaviers Case (1974), clearly stated that any law forcing a minority institution to give up its fundamental rights would be considered invalid.
Determining Criteria for Minority Status: The Chief Justice pointed out that simply mentioning the founder’s name in the law should not be the only factor in deciding minority status.
For example, other institutions face much stricter government oversight than AMU, including the power to dissolve them due to the unavailability of such criteria.
Need to increase the Government Regulations: Regulations mainly ensure that institutions operate efficiently and meet standards, not to determine whether they are minority institutions.
Increased government control is generally justified to protect the interests of non-minority students and others affected by decisions made by minority management.
