Why is it in the News?

In a democracy, while elections are imperative, it's equally crucial for both the populace and our leaders to retain their moral integrity, as a loss of ethical grounding could result in repercussions that extend far beyond the periodic act of political selection.

Context:

•  Satyameva Jayate ("Truth alone triumphs") from the Mundaka Upanishad was adopted as the national motto on January 26, 1950, the day India became a Republic.
• A day earlier, the country's Election Commission was formed with the primary responsibility of enabling citizens to exercise their democratic right to choose a government.
• The Election Commission is expected to provide a level playing field so that candidates, political parties, and their campaigners do not unduly influence voters through excessive use of money, force, or dishonesty.

About The Model Code of Conduct (MCC):

• The Election Commission of India introduced the Model Code of Conduct with the hope that it would encourage self-control among political stakeholders.
• The 2019 Manual emphasized that those seeking public office should behave in a way worthy of being emulated by others.
• The Commission considers the Code an important contribution by political parties to democracy.
• It expects parties to exhibit model behaviour in their actions and rhetoric.
• However, reality often deviates from this expectation. Political discourse sometimes degrades into coarse and ignoble exchanges.
• This has led to debates on whether it should be called a moral code rather than just a model code.

The Complexity of Truth from a Philosophical Perspective:

• Francis Bacon's Essay of Truth commences with Pilate's profound questioning, "What is truth?" - a query that resonates through the ages, its answer shrouded in layers of complexity.
• This intricate nature finds symbolic representation in the Ashokan pillar's trio of visible lions, embodying the three dimensions of truth: my viewpoint, your perspective, and an objective third-person narrative.
• Yet, there exists a fourth, unseen dimension - that of absolute truth, often perceived as knowable only to a higher power.
• Amidst this philosophical labyrinth, the Election Commission of India (ECI) navigates the realm of human imperfection, striving to enforce the Model Code of Conduct (MCC) – a framework designed to curb dishonest practices during the electoral process.
• However, expecting individuals to adhere to this model solely for the duration of elections, if they have not upheld such principles in their daily lives, could be considered a naive endeavor.

The Intersection of Morality and Law in the Electoral Process:

• Foundations of the Model Code of Conduct (MCC):
• At the core of the Model Code of Conduct lies a fundamental interplay between legal requirements and moral expectations.
  • Morality governs individual behaviour based on notions of right and wrong, often rooted in cultural, religious, or personal beliefs.
  • Law, conversely, comprises rules established by a governing authority to regulate conduct and ensure order and justice within society.
• Philosophical perspectives offer valuable insights into this dynamic. Immanuel Kant's philosophy distinguishes between morality and law, viewing moral actions as those driven by a sense of duty, while societal rules govern legal actions.
  • Utilitarianism, advocated by thinkers like Jeremy Bentham and John Stuart Mill, evaluates actions based on their consequences and their contribution to the overall well-being of society.
  • In the context of the Model Code of Conduct, this perspective suggests that political behaviour should be assessed not only against legal standards but also by its broader impact on societal harmony and democratic health.
• Legal Framework and Enforcement:
• The legal framework encompassing the Model Code of Conduct includes specific provisions in the Indian Penal Code and the Representation of the People Act, 1951.
  • These laws define actions that constitute corrupt practices and electoral offences, providing a legal basis for enforcing the Code.
  • However, the intersection of morality and law within this framework presents unique challenges.
• In legal terms, "mens rea" refers to the intention or knowledge of wrongdoing, and establishing mens rea is crucial for proving guilt in many cases.
  • The Model Code of Conduct implicitly addresses mens rea by prohibiting actions intended to manipulate or deceive voters, such as false promises or appeals to communal sentiments.
• Sections 123(3) and 123(3A) of the Representation of the People Act classify appeals to caste or communal feelings as corrupt practices, punishable under the law.
  • Similarly, Section 125 prohibits promoting enmity between different groups in connection with elections.
  • These legal provisions aim to curb divisive tactics and uphold the ethical conduct envisioned by the Model Code of Conduct.
  • However, enforcement requires clear evidence linking the actions to the intent of influencing electoral outcomes.

Ethical Reflection in the Electoral Process & Lesson from Mahabharata:

• Upholding Integrity: The imperative for ethical reflection in the electoral process stems from the need to uphold the integrity of democracy itself.
  • The conduct of elections must align with the core values of truth and fairness that underpin the democratic ethos.
• Ethical Lesson from Mahabharata: The story of Yudhishthira in the Mahabharata, who lost his moral high ground despite technically telling the truth, underscores the importance of ethics over mere adherence to rules.
  • Ethics in elections transcends simply following the law; it involves adhering to higher standards of honesty, integrity, and fairness.
• Moral Soundness over Legal Compliance: Ethical reflection ensures that political actions and decisions are not just legally compliant but also morally sound.
  • This is particularly crucial in a democracy, where the legitimacy of the government is derived from the consent of the governed, and this consent must be obtained through fair means.
• Safeguarding Democratic Norms: When ethical standards are compromised, democratic norms such as transparency, accountability, and fairness are weakened.
  • This erosion can lead to a governance crisis where the authority of elected officials is questioned, undermining the very foundation upon which democracy rests.

Conclusion

“Satyameva Jayate” is not just India’s motto however it encapsulates a guiding principle that should permeate the conduct of individuals and institutions alike. The Election Commission of India's efforts to enforce the Model Code of Conduct reflect an ongoing struggle to strike a delicate balance between legal enforcement and moral persuasion. For a truly democratic society to thrive, this equilibrium must be continually sought and maintained. The pursuit of political power must never be allowed to erode the foundational value of truth upon which the democratic edifice rests. By upholding the principle of Satyameva Jayate, not just in rhetoric but in action, the integrity of the electoral process and the sanctity of democratic norms can be safeguarded, ensuring that the will of the people remains the cornerstone of governance.

Why is it in the News?

The Supreme Court recently ordered the release of NewsClick Editor Prabir Purkayastha after hearing his plea, challenging the arrest by Delhi Police in an Unlawful Activities Prevention Act (UAPA) case.

Context:

• The recent ruling by the Supreme Court of India reaffirms its dedication to due process, dispelling assertions of subservience to the executive branch.
• Through a landmark judgment, the Court underscored the indispensable role of due process, especially concerning the arrest and detention of Prabir Purkayastha, founder-editor of Newsclick.
• This verdict emphasizes the crucial disparity between reasons for arrest and the grounds for arrest, emphasizing that the latter must be tailored to the individual and formally communicated in writing to safeguard personal liberty.

Why did the Supreme Court Invalidate Purkayastha’s Arrest?

• The court invalidated the arrest due to the absence of provided grounds, citing a precedent set in the Pankaj Bansal case (2023).
  • This landmark ruling emphasized the constitutional right, under Article 22(1), to be informed about the grounds of arrest in writing, deeming any infringement of this right as vitiating the arrest and remand process.
• Furthermore, the verdict underscored the fundamental and statutory right of an arrested person to receive a written copy of the grounds of arrest without exception.
  • The court criticized the clandestine manner in which the procedure was conducted, noting that the accused was deprived of the opportunity to defend himself and avail legal representation.
• Additionally, the judgment clarified that an FIR serves to initiate criminal proceedings and is not exhaustive in detailing grounds of arrest.
  • The court emphasized that the grounds of arrest must convey specific, personal facts to the accused, distinct from general reasons for arrest.

What is the Due Process of Law?

• Due process of law is a foundational legal principle that ensures the fair and just application of laws while protecting individual rights.
• The concept requires the state to adhere to established legal rules and principles in every case, ensuring that all legal rights owed to a person are respected.
• It serves as a safeguard against the arbitrary exercise of government power.

Significance:

• Fairness and Reasonableness: Due process emphasizes fairness, reasonableness, justness, and non-arbitrariness in legal proceedings.
• Invalidation of Inequality: Any procedural inequality in the law can be rendered invalid under due process.
• Legislative Oversight: Courts consider legislative intent while evaluating statutes in light of due process.
• Protection of Individual Rights: Due process emphasizes the importance of individual rights and grants courts the authority to nullify biased laws.
• Adherence to Basic Legal Procedures: Laws must follow a fundamental process to receive state assent.

Historical Background:

• First mentioned in a statute by British King Edward III in the 14th century.
• The Fifth Amendment of the US Constitution (1791) introduced due process in a constitutional framework.
• In India, due process was invoked by freedom fighters against unjust colonial laws.
• The Constituent Assembly considered including due process in India's Constitution but ultimately adopted a "procedure established by law" instead.

Evolution through Case Laws:

• The Supreme Court's interpretation of due process evolved over time.
• Initial judgments, such as A K Gopalan (1950) and ADM Jabalpur (1976), limited due process by focusing on the narrow meaning of "procedure established by law."
• The Bank Nationalisation case (1970) extended due process to property rights.
• The landmark Maneka Gandhi case (1978) established due process as an integral part of the right to life and personal liberty, requiring laws to be reasonable, just, fair, and non-arbitrary.

Concerns Regarding the Unlawful Activities (Prevention) Act (UAPA) 1967 and Due Process of Law:

The UAPA 1967 raises concerns regarding due process of law due to several provisions that deviate from established criminal law principles. These include:

• Extended Remand and Custody Periods: UAPA allows for 30-day remand orders instead of the usual 15 days and extends the maximum period of judicial custody before filing a chargesheet from 90 to 180 days.
  • In the 2023 Pramod Singla case, the Supreme Court highlighted the potential for abuse in preventive detention laws and emphasized the need for strict procedural adherence.
• Controversial Bail Provisions: Section 43D(5) of the Act makes obtaining bail extremely difficult for suspects if the court believes there are reasonable grounds to presume the charges are true.
  • The accused must prove the case is false without inviting the court to evaluate evidence, which human rights defenders argue is draconian and undermines due process.
• Expanded Scope Over Time: The Act was amended in 2004 and 2013 to broaden its coverage, including the declaration of unlawful associations, punishment for terrorist acts, and activities threatening the country's security.
  • This expanded scope, along with an increased ban on organizations from two to five years, raises concerns about potential misuse and erosion of due process protections.
• Pendency of Cases: According to the National Crime Records Bureau (NCRB), over 12,000 people were imprisoned under such laws in 2021, with 76% being undertrials in 2022.
  • Only 18% of UAPA cases result in conviction, and there is an alarming 89% pendency rate for UAPA cases in courts.
  • This raises questions about the effectiveness and fairness of the Act in ensuring due process.

Achieving a Balance Between State Security and Due Process of Law:

Ensuring national security while preserving due process of law requires a nuanced approach that respects individual rights and maintains checks on state power. The following strategies can help achieve this balance:

• Clear Legal Framework: Establish precise laws that define the limits and procedures for state actions in the name of security.
  • This framework should ensure accountability and prevent misuse of authority.
  • A parliamentary committee can oversee and recommend changes to security legislation.
• Strengthened Judicial Oversight: Enhance judicial mechanisms to review and check arbitrary actions by state authorities, including scrutinizing the legality of detentions and other security measures.
  • A judicial review committee can assess cases under laws like the UAPA.
• Independent Monitoring Bodies: Create independent bodies to monitor the implementation of security laws and investigate abuses.
  • These entities should hold state actors accountable, with organizations like the National Commission for Minorities and NHRC playing crucial roles.
• Human Rights Training: Train law enforcement and security personnel on human rights standards, emphasizing the importance of protecting individual liberties while maintaining security.
  • Develop training programs in collaboration with institutions such as the National Police Academy.
• Public Participation: Encourage public engagement in security policy discussions through platforms like MyGov.
  • This fosters transparency and acceptance of policies that balance security and rights.
• International Cooperation: Collaborate with international organizations like UNESCO and press freedom groups to promote best practices, upholding press freedom and ensuring a safe environment for journalists and media workers, as outlined in the UN Plan of Action on the Safety of Journalists.

Conclusion

As India continues to evolve, it is crucial to ensure that stringent laws, such as the UAPA, do not overshadow the fundamental rights of its citizens. Achieving a balance between state security and individual liberties is vital not only for the protection of personal freedoms but also as a testament to the strength and integrity of India's democratic society. By fostering a legal and constitutional ethos that values this equilibrium, India can pave the way for continued progress, safeguarding the well-being of its people and the future of its democracy.

Why is it in the News?

The top court has a chance, in Property Owners Association vs State of Maharashtra, to resolve the clash between fundamental rights and Directive Principles of State Policy.

Context:

• In a recent hearing before a nine-judge Bench of the Supreme Court of India in Property Owners Association vs State of Maharashtra, two crucial questions have surfaced concerning the interpretation and implementation of constitutional provisions.
• The initial query revolves around elucidating the concept of "material resources of the community" as articulated in Article 39(b) of the Indian Constitution.
• The subsequent issue delves into the potential discord between legislation crafted to fulfil the objectives delineated in Article 39(b) and the fundamental rights to equality and liberty enshrined in Part III of the Constitution.

The Conflict Between Fundamental Rights (FR) and Directive Principles of State Policy (DPSP):

• Inherent Dilemma: At the core of India's constitutional framework lies a significant tension between fundamental rights and directive principles of state policy (DPSP).
  • Part III guarantees citizens' fundamental rights, while Part IV outlines DPSPs as guiding principles for state action.
  • This tension stems from the divergent nature of these provisions:
    • fundamental rights are legally enforceable
    • whereas DPSPs serve as moral and political directives without judicial enforceability.
• Clash of Objectives: The conflict between fundamental rights and DPSPs arises from conflicting priorities: individual liberties versus collective welfare.
  • While fundamental rights focus on safeguarding individual autonomy and limiting state interference, DPSPs underscore the state's responsibility to foster social and economic justice for citizens' well-being.
  • This tension is compounded by India's diverse societal fabric, marked by varying social, economic, and cultural landscapes.
• Historical Discourse: The conflict between fundamental rights and DPSPs has sparked considerable debate and legal scrutiny throughout India's constitutional history.
  • Courts have grappled with striking a balance between state intervention for societal welfare and safeguarding individual freedoms, especially when legislative measures aimed at fulfilling DPSPs impinge on fundamental rights.
  • The Supreme Court's pivotal role in adjudicating these conflicts has significantly shaped India's constitutional democracy.
• Intensified Debate: During the 1970s, the conflict between fundamental rights and DPSPs reached a zenith, prompting amendments to shield certain laws from judicial review.
  • The landmark Kesavananda Bharati vs State of Kerala (1973) case sought to address this conflict, yet it persisted, reflecting the ongoing struggle to reconcile competing constitutional imperatives.

What is the Article 31C of the Indian Constitution?

• The 25th Amendment (Birth of Article 31C): Enacted through the 25th amendment to the Indian Constitution, Article 31C was introduced to shield laws aimed at actualizing Article 39(b) and (c) from judicial scrutiny concerning potential violations of fundamental rights.
  • This constitutional provision sought to safeguard legislative measures crafted to secure the material resources of the community, shielding them from challenges under Articles 14 and 19, which safeguard equality and various freedoms, respectively.
• Kesavananda Bharati Case (Challenging Article 31C): The landmark Kesavananda Bharati vs State of Kerala (1973) case questioned the validity and breadth of Article 31C.
  • The Supreme Court deliberated on whether Article 31C, by immunizing certain laws from fundamental rights challenges, infringed upon the basic structure of the Constitution.
  • While affirming the principle of judicial review and the supremacy of the Constitution's basic structure, the ruling left uncertainties about the extent to which Article 31C could restrict fundamental rights.
• Expansion via the 42nd Amendment: Despite judicial scrutiny in Kesavananda, Parliament expanded Article 31C's reach through the 42nd Amendment in 1976.
  • This amendment aimed to widen the immunity granted to laws furthering directive principles, extending beyond Article 39(b) and (c) to encompass any directive principle.
  • The 42nd Amendment marked a significant shift in the equilibrium between fundamental rights and directive principles, sparking concerns over potential encroachments on individual liberties.
• Minerva Mills Case  (Judicial Intervention): The constitutionality of the expanded Article 31C faced judicial scrutiny in Minerva Mills vs Union of India (1980).
  • In a seminal verdict, the Supreme Court struck down the 42nd Amendment, emphasizing the symbiotic relationship between fundamental rights and directive principles within the constitutional framework.
  • Chief Justice Y.V. Chandrachud's assertion regarding fundamental rights serving as a check against unchecked state authority underscored the significance of this ruling.
• Ambiguities and Pending Matters: Following the Minerva Mills case, ambiguities persisted regarding the status of Article 31C and its alignment with the Constitution's basic structure.
  • Justice Y.V. Chandrachud's divergent opinions in Minerva Mills and Waman Rao vs Union of India added complexity to the issue.
  • The absence of a definitive Supreme Court ruling on the validity of Article 31C has perpetuated the tension between fundamental rights and directive principles.

Property Owners Association Vs State of Maharashtra: Resolving a Constitutional Conundrum

• Comprehensive Legal Examination by the Supreme Court: At the heart of this case lies a critical examination of a law granting a state government board full control over dilapidated buildings, contingent upon the consent of at least 70% of residents.
  • The legality of this law is under scrutiny, particularly regarding its potential infringement on fundamental rights enshrined in Articles 14 and 19, which ensure equality and various freedoms, respectively.
• Rebalancing Fundamental Rights and Directive Principles: The verdict in the Property Owners case holds profound significance for recalibrating the equilibrium between fundamental rights and directive principles in India's constitutional fabric.
  • It will delineate whether laws designed to uphold directive principles, such as acquiring dilapidated buildings for the common good, can withstand challenges based on fundamental rights.
  • This raises fundamental questions regarding the hierarchy of rights and duties within the constitutional framework and the extent to which the state can limit individual liberties for the collective welfare.
• Addressing Ambiguities and Pending Issues: The Property Owners case offers an opportunity for the judiciary to clarify ambiguities surrounding the interpretation and implementation of Article 31C, considering previous judicial precedents.
  • Prior conflicting rulings in cases like Kesavananda Bharati and Minerva Mills have left unresolved queries regarding the validity and scope of Article 31C, particularly concerning its alignment with the Constitution's basic structure.
  • Despite subsequent judgments like Waman Rao and Sanjeev Coke vs Bharat Coking Coal (1982), which followed, the Supreme Court has yet to provide a definitive analysis of Article 31C introduced by the 25th amendment and its compatibility with the Constitution's foundational principles.
  • By offering clarity on these matters, the Supreme Court can foster a more coherent and uniform approach to reconciling the divergent demands of fundamental rights and directive principles.

Conclusion

The verdict in the Property Owners case stands as an opportunity to reinforce the core tenets of equality, liberty, and social justice embedded within the Indian Constitution. By delicately reconciling the safeguarding of individual rights with the advancement of societal well-being, the judiciary holds the key to preserving the integrity of India's constitutional democracy. Such a decision would ensure that principles of justice and fairness remain paramount in the governance of the nation, fostering a more inclusive and equitable society.

Why is it in the News?

Former Election Commissioner Ashok Lavasa points out that a significant gap in the present framework is that the Model Code of Conduct for elections has not spelled out the consequences of defaults, thus diluting its deterrent effect.

Context:

• The Model Code of Conduct (MCC) plays a pivotal role in India's electoral process, having evolved considerably since its inception to uphold fairness in elections.
• While originally crafted to regulate conduct during elections, the MCC faces new hurdles in today's dynamic political environment.
• Hence, it becomes imperative to delve into the historical progression of the MCC, identify existing deficiencies, and suggest strategies to bolster its implementation.

Evolution of the Model Code of Conduct (MCC):

• Kerala was the first state to adopt a code of conduct for elections.
• In 1960, ahead of the Assembly elections in the state, the administration prepared a draft code that covered important aspects of electioneering such as processions, political rallies, and speeches.
• It was only in 1974, just before the mid-term general elections, that the EC released a formal MCC.
• It also set up bureaucratic bodies at the district level to oversee its implementation.
• So the EC, just before the 1979 Lok Sabha elections, released a revised Model Code with seven parts, with one part devoted to the party in power and what it could and could not do once elections were announced.
• The MCC has subsequently evolved as an integral part of conducting fair and free elections.

Challenges Faced by the MCC and the Imperative for Strengthening Enforcement:

• Escalating Violations: Political parties and candidates routinely flout the MCC's regulations, engaging in activities like hate speech, vote-buying, and spreading misinformation, undermining the trust in the electoral process and compromising its fairness and transparency.
• Exploitation of Loopholes: In today's political landscape, there's a discernible trend of exploiting MCC loopholes to bypass its regulations.
  • With the advent of technology and social media, political entities find novel ways to propagate propaganda and target voters, evading traditional MCC constraints and necessitating revisions to address these evolving challenges.
• Inadequate Deterrents: While the MCC sets ethical standards, it often lacks effective penalties for violations, resulting in politicians perceiving minimal risks in flouting its provisions.
  • Strengthening the MCC entails imposing clear and proportionate penalties for transgressions to foster a culture of accountability.
• Complexity of Enforcement: India's vast and diverse electoral terrain, coupled with a surge in reported violations, strains the Election Commission's enforcement capabilities.
  • Adjudicating MCC breaches can be arduous and resource-intensive, leading to accountability delays. Streamlining enforcement procedures and enhancing the EC's capacity is pivotal for ensuring prompt and efficient MCC implementation.
• Erosion of Public Trust: Widespread disregard for ethical norms and regulations can erode citizens' trust in the democratic process, fostering voter apathy and disenchantment.
  • Restoring public confidence in elections necessitates robust measures to strengthen the MCC and underscore the EC's dedication to upholding electoral integrity.

Proposed Reforms to Enhance MCC Enforcement:

• Clear and Comprehensive Guidelines: The initial step towards MCC reform entails establishing clear and comprehensive guidelines delineating permissible and impermissible conduct during electoral campaigns.
  • Regular updates to these guidelines are crucial to address evolving challenges and technological advancements, enabling political entities to navigate ethical standards effectively and prevent inadvertent violations.
• Strict Enforcement Mechanisms: Implementation of proportional penalties for infringements, such as fines, campaigning bans, and withdrawal of electoral symbols, constitutes a vital aspect of reform.
  • Streamlining enforcement procedures by the Election Commission (EC) ensures swift adjudication of cases, bolstering the MCC's credibility and deterrent impact.
• Indirect Liability for Political Parties: Imposing penalties on parties for MCC violations, irrespective of individual culpability, incentivizes enhanced oversight over members' conduct.
  • This fosters collective responsibility within political organizations, promoting greater accountability and ethical governance.
• Transparency and Public Accountability: Maintaining a publicly accessible database documenting all reported MCC violations and their dispositions empowers citizens to monitor regulatory compliance.
  • This transparency holds political actors accountable for their actions, reinforcing public trust in the electoral process.
• Timely and Credible Adjudication: Prioritizing prompt resolution of violations and ensuring impartial decision-making by the EC are essential to uphold the MCC's deterrent effect.
  • Timely adjudication prevents erosion of public confidence and underscores the EC's commitment to fair electoral practices.
• Continuous Evaluation and Revision: Vigilance in identifying areas for improvement and updating the MCC in response to emerging challenges and evolving electoral dynamics is crucial.
  • This iterative approach ensures the MCC remains relevant and effective in safeguarding India's electoral integrity.

The Role of Political Parties and Election Commission in Safeguarding Electoral Integrity:

Political Leadership's Responsibility:

• Political leaders wield significant influence in upholding electoral integrity by adhering to ethical standards and fostering responsible conduct within their parties.
• By exemplifying ethical leadership, politicians can instill a culture of integrity and accountability among their supporters and party members.
• Effective self-regulation within political parties is imperative to minimize MCC violations and preserve the integrity of electoral campaigns.
• Through a commitment to fairness, transparency, and democratic principles, leaders can instill confidence in the electoral process and encourage civic engagement among voters.

The Election Commission's Mandate:

• As the guardian of electoral integrity, the Election Commission plays a pivotal role in impartially adjudicating MCC violations and enforcing electoral regulations.
• Timely and decisive enforcement of the MCC is crucial for deterring violations and upholding the integrity of electoral campaigns.
• Maintaining transparency in its actions and decisions related to MCC enforcement is essential for the EC to uphold public accountability.
• By providing regular updates on reported violations, adjudication outcomes, and enforcement measures, the EC fosters public trust in its ability to safeguard electoral integrity.
• Enhancing the EC's capacity for MCC enforcement is paramount for effectively addressing emerging challenges and ensuring the integrity of electoral processes.
• This includes investing in training programs, technological infrastructure, and human resources to enable the EC to adapt to evolving electoral dynamics and enforce regulations effectively.

Conclusion

While the Model Code of Conduct (MCC) serves as a crucial bulwark against electoral misconduct, its effectiveness hinges on vigorous enforcement and adaptability to evolving scenarios. Through the adoption of suggested reforms and the cultivation of ethical leadership, India can fortify the integrity of its democratic mechanisms, guaranteeing equitable and transparent elections for its populace.

Why is it in the News?

With a series of elections to be held across the world in 2024, the potential of AI to disrupt democracies cannot be dismissed.

Context:

• The rapid advancement of Artificial Intelligence (AI) marks a significant turning point in human history.
• With the rise of Generative AI (GAI), the possibility of achieving Artificial General Intelligence (AGI) becomes increasingly feasible, raising questions about its potential to mimic human abilities.
• Thus, exploring AI's profound influence on human life, particularly within electoral contexts and broader societal realms, is imperative.

What is Generative AI (GAI)?

• Generative AI, short for Generative Artificial Intelligence, represents a branch of artificial intelligence focused on creating new content rather than simply processing or analyzing existing data.
  • Unlike traditional AI systems, which are designed to recognize patterns or make predictions based on historical data, generative AI models have the capability to generate new data that resembles real-world examples.
• These models work by learning patterns and structures from large datasets and then using that knowledge to create new content.
  • They can produce various types of content, including images, text, audio, and even video.
    • For example, a generative AI model trained on a dataset of human faces can generate realistic-looking images of faces that have never existed before.
• One of the key technologies behind generative AI is deep learning, particularly a type of neural network called a generative adversarial network (GAN).
  • In a GAN, two neural networks are pitted against each other: a generator and a discriminator.
  • The generator creates new data samples, while the discriminator tries to distinguish between real and fake data.
  • Through this adversarial process, the generator learns to produce increasingly realistic content.
• Generative AI has a wide range of applications across various industries.
  • In the field of art and design, it can be used to generate new artwork, music, or even fashion designs.
  • In entertainment, it can create realistic characters and environments for video games and movies.
  • In healthcare, it can generate synthetic medical images for training diagnostic algorithms.
• However, the technology also raises ethical concerns, such as the potential for misuse, copyright issues, and the creation of fake content.

The Role of Artificial Intelligence (AI) in Shaping Electoral Landscapes:

• A Transformative Influence- AI's Ascendancy in Politics: The integration of artificial intelligence (AI) into electoral processes represents a profound transformation in global political dynamics.
  • As nations gear up for elections, the incorporation of AI technologies introduces new variables that require a reassessment of conventional campaign methodologies and voter outreach strategies.
  • In the context of upcoming elections, including India's extensive seven-phase general election, AI emerges as a decisive factor influencing electoral trajectories.
  • The deployment of Generative AI, with its ability to conduct dynamic simulations and replicate real-world interactions, presents unprecedented opportunities and challenges for political stakeholders and the electorate.
• Harnessing AI for Campaign Innovation and Voter Engagement: Political entities and candidates are leveraging AI-driven tools to analyze vast datasets, craft targeted messaging, and optimize campaign blueprints.
  • AI-powered predictive analytics empower parties to pinpoint swing voters, tailor messages to specific demographics, and deploy resources more precisely.
  • Additionally, AI-enabled sentiment analysis of social media platforms furnishes real-time insights into voter attitudes and emerging concerns, informing campaign narratives and responsiveness strategies.
  • Moreover, AI's impact extends beyond campaign frameworks to encompass voter engagement and mobilization endeavors.
  • Through AI-driven chatbots, personalized interactions with voters are facilitated, addressing inquiries, disseminating information, and fostering voter participation.

What are the Concerns Regarding AI's Impact on Electoral Integrity?

• Challenges Posed by Deep Fakes: The expanding presence of AI within electoral arenas prompts apprehensions regarding its implications for democratic processes and the integrity of elections.
  • The emergence of 'Deep Fake' technology, capable of generating convincingly realistic yet fabricated audio, video, and textual materials, presents a formidable obstacle in identifying and combatting misinformation and disinformation campaigns.
  • Deep fakes produced by AI possess the capacity to deceive voters, manipulate public opinion, and erode trust in democratic institutions, thus distorting the integrity of electoral outcomes.
• Impact on Public Discourse and Decision-making: Moreover, the utilization of AI-powered algorithms in social media platforms for content curation and recommendation purposes raises concerns regarding filter bubbles, echo chambers, and algorithmic bias.
  • These algorithms, driven by AI, may inadvertently amplify divisive content, perpetuate existing biases, and contribute to the segmentation of public discourse, consequently influencing voter perceptions and decision-making processes.

What are AI Influences its challenges, and Mitigation Strategies?

• As artificial intelligence (AI) permeates various spheres of society, including electoral contexts, addressing the concept of AI influence becomes increasingly critical.
• AI influence refers to the ability of AI-driven tactics to shape human behavior and decision-making processes, often without individuals' explicit awareness or consent.
• Challenges in Addressing AI Influence: A primary challenge in addressing AI influence is mitigating its impact on electoral dynamics.
  • AI-powered algorithms can analyze extensive data sets to predict and influence voter behavior, potentially affecting electoral outcomes in ways that may not align with democratic principles or voter preferences.
  • To counter this, safeguards must be implemented to prevent undue AI-driven influence on electoral processes and outcomes.
• Promoting Transparency and Accountability: Transparency and accountability are crucial in addressing AI influence.
  • Electoral authorities and policymakers should establish clear guidelines and regulations governing the use of AI in political campaigns and voter engagement efforts.
  • This includes mandates for disclosing the use of AI-driven algorithms, data sources, and methodologies in campaign strategies, enhancing public awareness and understanding of AI's role in elections.
• Protecting Democratic Values: Efforts to combat AI influence should prioritize safeguarding democratic values and electoral integrity.
  • Measures must be implemented to detect and mitigate AI-driven manipulation, such as disinformation campaigns, deep fakes, and algorithmic bias.
  • Collaborative approaches involving electoral authorities, technology firms, civil society organizations, and academia are essential to develop effective tools and techniques for detecting and countering AI-driven threats to electoral integrity.
• Empowering Voter Literacy: Promoting media literacy and digital literacy among voters is crucial for combating AI influence.
  • By equipping voters with the skills to critically evaluate information sources, distinguish fact from fiction, and identify manipulation tactics, individuals can resist the influence of AI-driven propaganda and make informed voting decisions.
  • Educational initiatives, public awareness campaigns, and media literacy programs are vital for enhancing voter resilience against AI-driven misinformation and manipulation.

Additional Measures for Ensuring Electoral Integrity:

• Incorporating Ethical Guidelines into AI Governance: Furthermore, the ethical dimensions of AI governance should inform the development and application of AI technologies within electoral contexts.
  • Ethical AI governance frameworks should prioritize principles such as fairness, transparency, accountability, and adherence to democratic values.
  • This entails conducting comprehensive risk assessments, ensuring transparency and explainability in algorithms, and establishing mechanisms for independent oversight and accountability.
• Adopting Proactive Strategies: Policymakers, electoral authorities, and civil society actors should embrace proactive strategies to uphold electoral integrity and democratic principles in the age of AI.
  • Implementing robust regulatory frameworks, transparency mandates, and oversight mechanisms is crucial for mitigating the risks associated with AI-driven manipulation and disinformation campaigns.
  • Furthermore, investments in digital literacy initiatives and media literacy programs can empower voters to critically assess information sources, distinguish between fact and fiction, and resist manipulation efforts.

Way Forward:

• The risks associated with AI pose a substantial threat, surpassing concerns regarding biases in its design and development.
• AI systems inherently tend to manifest adversarial traits, for which effective mitigation strategies have yet to be fully realized.
• Beyond electoral implications, India's position as a digital frontrunner necessitates a cautious approach towards AI adoption, recognizing both its potential advantages and disruptive capabilities.
• While AI offers numerous benefits, it is imperative for the nation and its leaders to acknowledge its potential for malevolence.
• India's prominence in digital innovation presents both opportunities and challenges, as the advancement of AI, including AGI, brings both advantages and risks.
• Addressing the complexities of AI policy requires amplifying democratic voices and resisting the tendency to cede policymaking authority to a select few tech conglomerates.

Conclusion

The emergence of AI marks a significant milestone in human evolution, impacting electoral dynamics and social harmony in profound ways. While AI offers remarkable progress, it demands careful oversight to minimize its disruptive effects and uphold democratic values. As we venture into the realm of AI, wise decision-making and forward-thinking are essential to steer toward a future characterized by ethical AI governance and conscientious innovation.

Why is it in the News?

Recently, the Election Commission of India (ECI) announced that the country would vote in seven phases from April 19 to June 1 and the results will be announced on June 4. With this, the Model Code of Conduct (MCC) comes into effect.

What is the Model Code of Conduct (MCC)?

• The Model Code of Conduct (MCC) is a set of guidelines published by the Election Commission of India (EC) for political parties and candidates to set standards of conduct during the election campaign and polling.
• It also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force.
• In 2019, a new addition regarding election manifestos was added, instructing parties to not issue promises which were ‘repugnant to the ideals of the Constitution’.

Is the Model Code of Conduct (MCC) Legally Binding?

• The MCC evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties.
  • It has no statutory backing.
  • Simply put, this means anybody breaching the MCC can’t be proceeded against under any clause of the Code.
  • Everything is voluntary.
  • The EC uses moral sanction or censure for its enforcement.
• The ECI can issue a notice to a politician or a party for an alleged breach of the MCC either on its own or based on a complaint by another party or individual.
  • Once a notice is issued, the person or party must reply in writing, either accepting fault and tendering an unconditional apology or rebutting the allegation.
  • In the latter case, if the person or party is found guilty subsequently, he/she can attract a written censure from the ECI, something that many see as a mere slap on the wrist.
• However, several actions are listed as ‘electoral offenses’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951 such as:
  • Causing tension between castes, religious or linguistic communities
  • Appealing to caste or communal feeling to secure votes
  • Using places of worship for election propaganda
  • Bribing/intimidating/impersonating voters
  • Canvassing within 100 meters of polling booths
  • Transporting voters to and from polling stations
  • Disrupting public meetings
  • Serving or distributing liquor on polling day
  • Holding public meetings 48 hours before the closing of polls
• These actions will attract appropriate punishment as per these laws.

Previous Model Code of Conduct ‘Violations’:

• During the 2023 Madhya Pradesh Assembly elections, Priyanka Gandhi Vadra was questioned by the ECI for alleging that Prime Minister Narendra Modi favored his "big industrialist friends" during an election rally.
• In 2017, both BJP and Congress accused each other of violating the MCC during the Gujarat polls.
• In 2014, Amit Shah and Azam Khan were banned from campaigning by the ECI during the Lok Sabha polls under Article 324 of the Constitution for inflammatory speeches, which was lifted after they apologized and pledged to follow the Code.

When Does MCC Come Into Force and End?

• The MCC comes into force immediately when the election schedule is announced by the Election Commission and remains in operation till the election process is complete, i.e. results are announced.
• The MCC applies to all elections to the Lok Sabha and State Assemblies.
• It is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies.
• It is enforced throughout India in case of General elections, and the State up for polls in case of Legislative Assembly elections.

Who Is Bound by It?

• All organizations, committees, corporations, and commissions (e.g. Transport authorities, Jal boards) funded wholly or partially by the Centre or State are bound by the MCC.
• While listed political parties and candidates are bound to follow the MCC, even non-political organizations that hold campaigns favoring a political party or candidate are bound to follow specific guidelines mentioned by the EC.

How is the MCC Enforced?

• Before holding polls for the General or State Assembly elections, the Election Commission issues guidelines to the government to shift out all officers including police who are posted in their home district, and who have completed/completed three out of four years in that district to ensure no interference.
• The MCC is then implemented by the newly appointed officials and nodal EC officers monitor compliance.
• No election campaigning is allowed within the constituency 48 hours before the close of polls.

What Restrictions Does the Model Code of Conduct Impose?

• The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.
• As soon as the code kicks in, the party in power, whether at the Centre or in the states, should ensure that it does not use its official position for campaigning.
  • Hence, no policy, project, or scheme can be announced that can influence voting behavior.
• The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
• The code also says the ministers must not combine official visits with election work or use official machinery for the same.
• The ruling party cannot use government transport or machinery for campaigning.
• It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power.
• The issue of advertisement at the cost of the public exchequer in the newspapers and other media is also considered an offense.
• The ruling government cannot make any ad-hoc appointments in government, public sector undertakings, etc., which may influence the voters.
• Political parties or candidates can be criticized based only on their work record and no caste and communal sentiments can be used to lure voters.
• Mosques, Churches, Temples, or any other places of worship should not be used for election campaigns.
• Bribing, intimidating, or impersonation of voters is also barred.
• Holding public meetings during the 48 hours before the hour fixed for the closing of the poll is also prohibited.
  • The 48 hours is known as “election silence”.
  • The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote.

What are the Guidelines for Poll Manifestos?

• Manifestos must not contain anything repugnant to the ideals enshrined in the Constitution.
• They must reflect the rationale for welfare scheme promises and indicate ways to meet the financial requirements for it.
• The manifesto documents must not be released during the prohibitory period (when MCC kicks in).

How are Violations Dealt With?

• Any complaint regarding elections should be brought to EC observers, the Returning Officer, the local magistrate, the Chief Electoral Officer, or the Election Commission itself.
• In response, any directions issued by the EC, Returning Officer, or District Election Officer shall be strictly complied with.

Why is it in the News?

Although protecting persecuted individuals is commendable, the ideal solution is to grant refugee status to all, irrespective of their religious affiliation.

Context:

• India has been engaged in heated discussions over the Citizenship Amendment Act (CAA) since its inception in 2019.
• The recent issuance of Rules under the CAA by the Union government has sparked renewed debates concerning its impact on India's constitutional secularism.
• Amid these discussions, it is crucial to assess the CAA's provisions, their effects on citizenship, and the wider socio-political consequences they carry.

Concerns Surrounding the Citizenship Amendment Act:

• Selective Approach to Citizenship: The Citizenship Amendment Act (CAA) of 2019 amends India's Citizenship Act of 1955 and introduces a selective approach to granting citizenship.
  • This selective approach is a significant point of contention, as it differentiates between individuals based on their religious identity.
• Preferential Treatment for Certain Religious Groups: The CAA expedites the citizenship process for undocumented immigrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Pakistan, Afghanistan, and Bangladesh.
  • However, the Act explicitly excludes Muslims from these provisions, which has led to considerable debate and criticism.
• Violation of Secular Principles: Critics argue that the CAA violates the secular principles enshrined in India's Constitution.
  • Secularism, a foundational tenet of India's democratic ethos, mandates that the state remain neutral in matters of religion and guarantee equal rights and protections to all citizens, regardless of their faith.
• Discriminatory Nature: The CAA's exclusion of Muslims from its purview has been perceived as discriminatory and runs counter to India's historical commitment to religious pluralism and tolerance.
  • This discriminatory nature has sparked widespread protests and highlighted deep divisions within Indian society regarding citizenship, identity, and secularism.
• Upholding Constitutional Principles: The protests against the CAA underscore the importance of upholding constitutional principles and safeguarding the rights of all citizens, irrespective of their religious affiliation.
  • This controversy serves as a reminder of the need for inclusive and non-discriminatory policies that respect the diversity of India's population.

Potential Implications of the Notified Rules under the Citizenship Amendment Act:

• Streamlined Citizenship Process: The notified Rules streamline the citizenship application process by providing clear procedures and documentation requirements.
  • This standardization can potentially expedite the citizenship-granting process, allowing eligible individuals to secure legal status more efficiently.
• Lenient Proof Requirements: The Rules offer leniency in requirements for proof of nationality and residence, accepting various documents as evidence.
  • This flexibility may enable more individuals to establish their eligibility for citizenship under the CAA.
• Centralisation of Authority: The notified Rules centralize the citizenship-granting process at the national level, with an empowered committee formed by the Union government now responsible for processing applications.
  • This centralisation consolidates power at the national level, potentially reducing the role of local authorities in decision-making and grassroots-level accountability.
• Legal and Constitutional Challenges: The Rules are likely to face legal and constitutional challenges, particularly regarding their compatibility with India's constitutional principles and international legal standards.
  • Critics argue that the CAA and its accompanying Rules violate the constitutional guarantee of equality before the law (Article 14) by discriminating based on religion.
• Contradictions and Regional Discontent: The implementation of the CAA has exposed internal contradictions within India's citizenship laws, particularly in the case of Assam.
  • The discrepancy between Section 6A of the Citizenship Act, 1955, and the provisions of the CAA has fuelled discontent among local communities and complicated the citizenship landscape.
• Overall, the notified Rules under the Citizenship Amendment Act have significant implications for the citizenship-granting process, the balance of power between national and local authorities, and the interpretation of constitutional principles.
• As the legal and societal debates surrounding the CAA continue, these implications will likely shape the discourse on citizenship and belonging in India.

Moving Toward Inclusive Solutions: Addressing the Concerns Raised by the Citizenship Amendment Act:

• To address the concerns raised by the Citizenship Amendment Act (CAA) and its accompanying Rules, it is crucial to adopt a more inclusive approach that aligns with international humanitarian norms and India's commitment to secularism.

Here are some steps that can be taken:

• Inclusive Protection for Persecuted Individuals: Instead of granting citizenship based on religious affiliation, India should consider offering refugee status to all persecuted individuals, regardless of their religion.
  • This approach would be in line with international humanitarian norms and would uphold the principle of secularism enshrined in India's Constitution.
• Ratification of International Conventions: Ratifying international conventions such as the Geneva Convention Relating to the Status of Refugees would demonstrate India's commitment to protecting vulnerable populations and ensuring their rights.
  • This step would also bring India in line with global standards for refugee protection.
• Reevaluation of the Citizenship Amendment Act: Given the concerns surrounding the CAA's compatibility with constitutional principles and its potential for discrimination, it is essential to reevaluate the Act's provisions.
  • This process should involve a thorough examination of the CAA's impact on vulnerable communities and its alignment with India's democratic values.
• Upholding Constitutional Values: To ensure that the CAA and other legislation adhere to India's core values, it is crucial to reaffirm the principles of equality, non-discrimination, and secularism as outlined in the Constitution.
  • Policies and laws should be crafted to uphold these principles and protect the rights of all individuals, irrespective of their religious affiliation.
• By taking these steps, India can work toward addressing the concerns raised by the Citizenship Amendment Act and foster a more inclusive approach to citizenship that aligns with the nation's historical commitment to diversity and pluralism.

Why is it in the News?

More than four years after Parliament passed The Citizenship (Amendment) Act, 2019, the Ministry of Home Affairs on Monday notified the Rules to implement the law.

Context:

• The Citizenship Amendment Act (CAA) of 2019 amended the Citizenship Act of 1955 to provide a pathway to Indian citizenship for migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India before December 31, 2014, from Pakistan, Afghanistan, or Bangladesh.
• The law was enacted amidst nationwide protests, particularly in Assam, and was officially notified on January 10, 2020.
• However, the implementation of the CAA was delayed due to the absence of accompanying rules and regulations.
  • To address this issue, the Union government issued an order on May 28, 2021, empowering district collectors in 13 districts with significant migrant populations to accept citizenship applications from the groups specified in the 2019 amendment.
• The CAA has been a subject of controversy and criticism, with opponents arguing that it violates the secular principles of the Indian constitution by excluding Muslims from its purview.
• Supporters of the law contend that it offers relief to persecuted minorities from neighboring countries.
• As the rules for the CAA have now been put in place, its implementation is anticipated to be a significant development in the ongoing discussions surrounding citizenship and immigration in India.

About the Citizenship (Amendment) Act (CAA) 2019:

• The Citizenship (Amendment) Act (CAA) of 2019 is a significant amendment to India's Citizenship Act of 1955.
  • It aims to provide a pathway to citizenship for Hindu, Sikh, Parsi, Buddhist, Jain, and Christian immigrants from Pakistan, Afghanistan, and Bangladesh who have faced religious persecution and have been residing in India without documentation.
• The CAA reduces the residency requirement for citizenship from 11 years to 5 years for eligible immigrants who entered India before December 31, 2014.
  • The Act also includes provisions for the cancellation of Overseas Citizen of India (OCI) registration in cases where the individual has violated any provision of the Citizenship Act or other applicable laws.
• The CAA applies to individuals who have been compelled to seek shelter in India due to religious persecution.
  • However, the Act does not apply to certain areas, such as regions covered by the Sixth Schedule of the Indian Constitution (which deals with autonomous tribal-dominated regions in Assam, Meghalaya, Tripura, and Mizoram) and states with an inner-line permit regime (Arunachal Pradesh, Nagaland, and Mizoram).
• The implementation of the CAA has faced delays due to opposition in several states, including Assam and Tripura.
  • The Act has sparked protests and legal challenges, with critics arguing that it violates the secular principles of the Indian Constitution and excludes certain persecuted groups, such as the Rohingya from Myanmar, Tibetan Buddhists from China, and Tamils from Sri Lanka.
• The CAA has been a subject of intense debate, with supporters claiming it offers relief to persecuted minorities and opponents asserting that it discriminates against Muslims and undermines India's secular fabric.
  • The Supreme Court is currently considering multiple petitions challenging the constitutional validity of the CAA.

Citizenship Amendment Rules, 2024:

• The Citizenship Amendment Rules, 2024 lay out a clear process for eligible refugees from Pakistan, Afghanistan, and Bangladesh to seek Indian citizenship through registration or naturalization.
  • The process begins with the submission of an application, along with an affidavit confirming the accuracy of the information provided and an affidavit from an Indian citizen vouching for the applicant's character.
• Applicants must also provide a declaration of their familiarity with one of the languages listed in the Eighth Schedule of the Indian Constitution.
  • The application is to be submitted electronically to an empowered committee via a district-level committee, as notified by the central government.
  • The district-level committee, headed by a designated officer, is responsible for verifying the submitted documents and administering the oath of allegiance to the applicant.
• Supporting documents that must be provided by applicants include:
  • A passport issued by the governments of Pakistan, Afghanistan, or Bangladesh
  • A birth certificate
  • Any form of identity document
  • Land or tenancy records; or any document proving that the applicant's parents, grandparents, or great-grandparents were citizens of one of the three countries.
    • These documents remain valid even beyond their expiration dates.
• Proof of entry into India before December 31, 2014, is also required.
  • Acceptable supporting documents for this include:
  •  visa and immigration stamp
  • A registration certificate from the Foreigners Regional Registration Officer (FRRO)
  • A slip issued by the Census enumerators in India
  • A government-issued license or certificate
  • A permit in India (including a driving license
  • Aadhaar number, or ration card), or a marriage certificate issued in India.
• Once an application is approved, the applicants will be issued a digital certificate, granting them Indian citizenship.
  • These rules provide a structured pathway for eligible refugees from the specified countries to obtain citizenship in India, offering them a chance at a new beginning and a sense of belonging in their adopted homeland.

The Mains issues and challenges associated with the CAA of 2019:

• Legal challenge: The CAA has been challenged in the Supreme Court by the Indian Union Muslim League (IUML) and others on the grounds of discrimination and violation of fundamental rights.
• Right to equality: Critics argue that using religion as a criterion for citizenship eligibility violates Article 14 of the Constitution, which guarantees equality before the law and equal protection under the law.
• Targeting of Muslims: Concerns have been raised that the CAA, in conjunction with the National Register of Citizens (NRC) in Assam, may disproportionately affect Muslims and lead to their exclusion from citizenship.
• Secularism: The use of religion as a basis for citizenship is seen by some as a violation of the principle of secularism, which is a fundamental feature of the Indian Constitution.
• Conflict with Assam Accord: The CAA's cutoff date for determining citizenship contradicts the Assam Accord of 1985, which set a different date for identifying foreigners in the state, leading to protests and opposition in Assam and other northeastern states.
• Widespread protests: The CAA has sparked protests across India, reflecting the complexities and sensitivities surrounding the issue of citizenship and the challenge of balancing the needs of persecuted minorities with upholding constitutional principles and addressing regional concerns.

What is the Government’s Stand?

• The government's position on the Citizenship Amendment Act (CAA) is that Muslims have been excluded from the list of "persecuted" minorities because they constitute the majority in the Islamic countries of Pakistan, Afghanistan, and Bangladesh.
  • According to the government, the CAA aims to provide citizenship to those who have faced religious persecution in these countries.
• However, this rationale is subject to scrutiny, as there are other persecuted minorities in these countries and elsewhere who have not been included in the CAA.
  • For instance, Tamil Hindus in Sri Lanka, Rohingya Muslims in Myanmar, and minority Muslim sects like Ahmadiyyas and Hazaras in Pakistan and Afghanistan also face persecution in their respective countries.
• The exclusion of these groups from the CAA raises questions about the criteria used to determine which minorities are considered persecuted and eligible for Indian citizenship under the Act.

What’s Next?

• The court will have to look into two issues:
  • Whether the special treatment given to the so-called “persecuted minorities” from the three Muslim-majority neighboring countries only is a reasonable classification under Article 14 of the constitution for granting citizenship, and
  • Whether the state is discriminating against Muslims by excluding them.
• The Supreme Court has earlier held that the law has to clear two legal hoops to pass the equality test when it is challenged on the grounds of Article 14.
  • First, any differentiation between groups of persons must be founded on an “intelligible differentia”, and
  • Second, “that differentia must have a rational nexus to the object sought to be achieved by the Act”.
• The SC can strike down a classification if it is found to be arbitrary. The court recently struck down the electoral bonds scheme on the ground that it was “manifestly arbitrary” — that is, “irrational, capricious or without an adequate determining principle”.

Why is it in the News?

The Supreme Court of India has recently mandated the public disclosure of all pertinent information regarding corporate funding of political parties, with the State Bank of India and other entities directed to comply with the court's directive.

Context:

• The recent landmark ruling by the Supreme Court's Constitution Bench, led by the Chief Justice of India, represents a pivotal moment in Indian democracy.
• This ruling specifically addresses the legality of the Electoral Bond Scheme (EBS) initiated through the Finance Act of 2017.
• Beyond its immediate implications, the verdict underscores fundamental principles such as equality, transparency, and proportionality concerning corporate contributions to election funding.

What is the Supreme Court verdict on the Electoral Bond Scheme?

• Nullification of Electoral Bond Scheme: The Supreme Court declared the Electoral Bond Scheme (EBS) unconstitutional, citing concerns over unrestricted donations, anonymity of contributions via promissory notes, and exemption of corporate donors from disclosure obligations.
  • This underscores the imperative of transparency in corporate election financing, aligning with constitutional rights outlined in Article 14 (equality) and Article 19(1)(a) (right to information).
• Immediate Cessation of Electoral Bonds and Disclosure Mandates: The Court mandated the immediate cessation of electoral bonds and directed all pertinent authorities to disclose relevant information dating back to April 12, 2019.
  • The State Bank of India's request for an extension was met with skepticism, prompting a contempt petition against them for non-compliance.
• Guidelines on Legislative Passage via Money Bill Route: While the verdict didn't specifically address the Speaker's authority to classify bills as money bills, it offered guidance suggesting that not all legislative determinations qualify as financial or economic decisions.
  • This challenges the presumption of constitutionality and underscores the need for a nuanced approach in evaluating bills passed via the money bill route.

What is the Reason Behind SC's Scrutiny of Electoral Bond Scheme (EBS)?

• Elimination of Donation Caps: The court closely examined the EBS due to its elimination of donation caps imposed on political parties, as outlined in the Finance Act 2017.
  • This removal of restrictions allowed for unrestricted inflow of funds into electoral campaigns, posing a potential threat to the democratic principle of a level playing field.
• Anonymity of Donations via Promissory Notes: An area of concern highlighted by the court was the provision in the EBS allowing for anonymous donations to political parties through promissory notes issued by recognised banks.
  • This mechanism raised significant issues regarding transparency and accountability, as it enabled substantial financial backing to political entities without disclosing the identity of the contributors.
• Exemption of Corporate Donors from Disclosure Requirements: The EBS faced scrutiny for exempting corporate donors from the obligation to disclose their contributions in balance sheets, a highly contentious feature.
  • This exemption created opacity surrounding corporate funding of political parties, undermining the transparency necessary for a robust democratic process.

SC’s Analysis of the Proportionality Doctrine: Its Implications on Legislative Goals and the Restriction of FR

• Evolution of the Proportionality Doctrine: The judgment highlights the proportionality doctrine as a tool for self-discipline in constitutional judicial review, aimed at balancing governmental powers with individual rights
  • Serving as a foundational aspect of constitutional discipline, it establishes parameters applicable to all governance institutions.
• Differentiation Between Manifest Arbitrariness and Reasonable Exercise of Power: A crucial distinction is drawn between manifest arbitrariness and the reasonable exercise of power, with the court emphasizing that restricting a fundamental right does not equate to abrogating it entirely.
  • This distinction safeguards against arbitrary exercise of governmental authority, stressing the necessity for reasonable and proportionate limitations on rights.
• Legitimate Goals and Appropriate Means: Applying the proportionality test, the court scrutinizes the legislative objectives behind the Electoral Bond Scheme, mandating that any restriction on a fundamental right must serve a legitimate goal and utilize suitable means.
  • Questions are raised regarding the legitimacy of curbing black money as a specific ground under Article 19(2), emphasizing the need for the state to justify its actions with reasonable objectives.
• Nexus Between Law and Stated Objectives: Introducing the concept of a reasonable nexus, the court holds that laws should demonstrate a rational connection between means employed and objectives sought to be achieved.
  • This requirement ensures that restrictions on fundamental rights are directly related to their intended purpose, avoiding arbitrary infringements.
• Balancing Conflicting Rights: A notable development is the introduction of the double proportionality test, addressing conflicts between equal rights such as donor privacy and voter information and influence.
  • The court mandates a secondary proportionality assessment to ensure that any infringement on one right is justified and not disproportionate in impact.
• Alternative Measures and Judicial Restraint: While advocating proportionality, the court suggests alternative measures to achieve legislative goals, such as setting up electoral trusts or imposing caps on corporate funding.
  • Additionally, it exercises judicial restraint, respecting the autonomy and powers of the executive and legislative branches.
• Chief Justice M C Chagla's Warning: The judgment recalls Chief Justice M C Chagla's 1958 caution regarding the influential role of big business and money in democracy, highlighting a long-standing concern about corporate influence.
  • Chagla's foresight underscores the judiciary's role in preventing improper or corrupt influence, emphasizing the need to safeguard democratic values.
• Historical Perspectives by the CJI: Chief Justice Chandrachud's historical perspective underscores the judiciary's responsibility to prevent improper influences on democracy, advocating for a proactive role in safeguarding democratic values.
  • The court's assertion aligns with the idea of acting as a check against attempts to compromise the democratic process, particularly by powerful corporate entities.

Conclusion

The Supreme Court's nullification of the Electoral Bond Scheme is a staunch defense of democratic principles. By rejecting elements that undermine transparency, equality, and accountability, the court reaffirms core democratic values. This landmark ruling signifies a crucial juncture in India's legal narrative, establishing a precedent for safeguarding democracy against opaque financial influences.

Why is it in the News?

The recent agitations by the governments of Kerala and Karnataka, and the support extended by several State governments, have highlighted many disquieting issues in the practice of fiscal federalism in India.

Context:

• The recent protests by the governments of Kerala and Karnataka, supported by several other state governments, have brought to light several concerning issues regarding fiscal federalism in India.
• These protests underscore the pressing need for the newly constituted 16th Finance Commission (FC) to approach the matter with seriousness and innovation to address grievances related to growing vertical and horizontal inequalities in resource allocation.

What is Fiscal Federalism?

• Fiscal federalism refers to the distribution of financial authority and obligations among various tiers of government within a nation.
• It encompasses considerations like determining the roles and responsibilities of the central and state governments in delivering services, devising mechanisms for revenue generation and allocation among these entities, and establishing fair and efficient systems for transfers or grants distribution to promote equity and effectiveness.

Fiscal Federalism in India:

• The framers of the Constitution stipulated that the Central government would share its tax revenues with the states and provide grants from the Consolidated Fund based on a formula determined by the Finance Commission every five years.
• India operates under a three-tier federal tax system, delineating the powers of the Central government, state governments, and local bodies to levy taxes.
• The Central government possesses the authority to impose taxes on individual and corporate incomes, along with indirect taxes like central goods and services tax (CGST), integrated goods and services tax (IGST), and customs duties. Additionally, it collects surcharges and cesses on various taxes.
• State governments are responsible for levying state goods and services tax (SGST), stamp duties, land revenue, state excise duties, and professional taxes.
• Local bodies exercise jurisdiction over taxes such as property or house taxes, tolls, and utility taxes on services like electricity and water.

What are the Constitutional Provisions?

• The Constitution of India outlines the taxation authority of both the Union and States, categorizing them into the Union List and the State List respectively (as outlined in the Seventh Schedule under Article 246).
  • Initially, there was no taxation provision in the Concurrent List.
• However, with the introduction of GST, the need for a concurrent taxation framework arose, leading to the insertion of Article 246A (as the 101st Amendment in August 2016).
• This amendment empowered the Union to legislate for CGST (Central GST) and IGST (Integrated GST), while the States were granted the authority to enact SGST laws.
• Article 270 of the Constitution outlines the mechanism for distributing net tax proceeds collected by the Union government among the Centre and the States.

What are the Concerns with the States?

• Growing Vertical and Horizontal Inequalities: States have raised concerns about increasing disparities both vertically, pertaining to the sharing of resources between the Union and States, and horizontally.
  • The Union government's inclination to retain a larger share of its proceeds outside the divisible pool has exacerbated these inequalities.
• Retention of Proceeds: The Union government's practice of withholding a greater portion of its proceeds from the divisible pool has diminished the share allocated to States, contravening mandates from successive Finance Commissions.
• Proliferation of Cesses and Surcharges: Various cesses and surcharges, such as the Agriculture Infrastructure and Development Cess, have been introduced by the Union government, leading to an expansion of these revenue streams.
  • This expansion has resulted in a larger portion of the gross tax revenue being excluded from net proceeds, thereby depriving States of their rightful share.
• Financial Exclusion of States: Over the period from 2009-10 to 2023-24, the Union government collected a substantial cumulative amount of ?36.6 lakh crore through cesses and surcharges, all of which remained unshared with the States.
  • The imposition of cesses and surcharges has faced criticism from the Comptroller and Auditor General (CAG), further highlighting concerns about their impact on state finances.

Way Forward

• Rectifying disparities in resource sharing and addressing the proliferation of cesses and surcharges are critical imperatives for the 16th Finance Commission (FC).
• The FC should proactively address historical imbalances in vertical devolution by compensating States appropriately and ensuring accurate estimates of "net proceeds" in budgetary documents.
• Moreover, it should consider providing lump sum untied grants to States to offset shortfalls in devolution over the past decade.
• Simultaneously, legislative measures must be enacted by the Union government to impose strict limits on the collection of cesses and surcharges, ensuring their automatic expiration after a defined period and preventing their rebranding under different names.
• Furthermore, States must adhere to the principles of fiscal federalism by allocating sufficient resources to local bodies and promoting dynamic and transparent development initiatives at the grassroots level.

What is the Finance Commission?

• The Finance Commission is constituted by the President under Article 280 of the Constitution, mainly to give its recommendations on the distribution of tax revenues between the Union and the States and amongst the States themselves.
• Two distinctive features of the Commission’s work involve redressing the vertical imbalances between the taxation powers and expenditure responsibilities of the center and the States respectively and equalization of all public services across the States.

Functions of the Finance Commission:

• It is the duty of the Commission to make recommendations to the President as to the distribution between the Union and the States of the net proceeds of taxes which are to be:
  • Divided between them and the allocation between the States of the respective shares of such proceeds;
  • The principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
  • The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State based on the recommendations made by the Finance Commission of the State;
  • The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State based on the recommendations made by the Finance Commission of the State;
  • Any other matter referred to the Commission by the President in the interests of sound finance.
• The Commission determines its procedure and has such powers in the performance of its functions as Parliament may by law confer on them.

Appointment of the Finance Commission and Qualifications for Members:

• The Finance Commission is appointed by the President under Article 280 of the Constitution.
• As per the provisions contained in the Finance Commission Act, 1951 and The Finance Commission (Salaries & Allowances) Rules, 1951, the Chairman of the Commission is selected from among persons who have had experience in public affairs, and the four other members are selected from among persons who:
  • (a) are, or have been, or are qualified to be appointed as Judges of a High Court; or
  • (b) have special knowledge of the finances and accounts of the Government; or
  • (c) have had wide experience in financial matters and administration; or
  • (d) have special knowledge of economics

How are the recommendations of the Finance Commission implemented?

• The recommendations of the Finance Commission are implemented  as under:
  • Those to be implemented by an order of the President:
  • The recommendations relating to the distribution of Union Taxes and Duties and Grants-in-aid fall in this category.
  • Those to be implemented by executive orders:
  • Other recommendations to be made by the Finance Commission, as per its Terms of Reference

When was the first Commission Constituted and how many Commissions have been Constituted so far?

• The First Finance Commission was constituted under the chairmanship of Shri K.C. Neogy on 6th April 1952.
• 15th Finance Commissions have been Constituted so far at intervals of every five years.
• The 16th Finance Commission was constituted on 31 Dec 2023 with Shri Arvind Panagariya, former Vice-Chairman, NITI Aayog as its Chairman.
  • The 16th Finance Commission is required to submit its recommendations by October 31st, 2025.
• However, the recommendations of the 15th FC cover the six years up to 31st March 2026.

Why is it in the News?

In August 2023, ahead of the Assembly elections in five States, the Election Commission of India (ECI) voiced its concern over the environmental risks associated with the use of non-biodegradable materials in elections.

Context:

• The Election Commission of India (ECI) has emphasized the environmental impact of traditional election materials, urging a shift towards eco-friendly practices, particularly given India's status as the world's largest democracy.
• India must prioritize environmental sustainability in its electoral procedures, recognizing successful eco-friendly initiatives in Kerala, Sri Lanka, and Estonia, and strategizing a comprehensive green transition involving diverse stakeholders.

Why Conducting Elections Require a Paradigm Shift?

• Unrecognized Environmental Impact of Elections: The emissions generated by campaign flights in the 2016 US presidential elections underscore the substantial carbon footprint linked to conventional election methodologies.
  • Conventional election practices, marked by paper-based materials, energy-intensive rallies, and disposable items, contribute to environmental harm and affect public health.
  • Given the colossal scale of India's elections, these concerns become more pressing, calling for a shift towards eco-friendly election processes.
• Startling Research Findings: Recent research from Estonia (2023) pinpoints transportation to and from polling booths as the primary contributor to carbon emissions in elections, closely followed by the operational footprint of polling booths.
  • Adopting digital voting systems has the potential to slash the overall carbon footprint by as much as 40%.

What are Some Successful Models of Eco-Friendly Elections?

• Pioneering Initiatives in Kerala and Goa: During the 2019 general election, the Kerala State Election Commission spearheaded efforts to eliminate single-use plastic materials from campaign activities.
  • Subsequently, the Kerala High Court enforced a ban on non-biodegradable materials, leading to the adoption of eco-friendly alternatives like paper posters and wall graffiti.
  • Collaborative endeavors between government bodies and district administrations in Thiruvananthapuram ensured the implementation of green election practices, including training sessions for election workers in rural areas.
  • In 2022, the Goa State Biodiversity Board showcased eco-friendly election booths crafted from biodegradable materials by local artisans during the Assembly elections.
• Innovative Strategies from Sri Lanka: In 2019, the Sri Lanka Podujana Peramuna (SLPP) party initiated the world's first carbon-sensitive, environmentally friendly election campaign.
  • This groundbreaking campaign measured carbon emissions from campaign vehicles and electricity usage, offsetting them by planting trees across districts with public participation.
  • By addressing the immediate carbon footprint of the campaign and raising awareness about the importance of forest cover, Sri Lanka set a notable example for sustainable election practices.
• Estonia's Digital Voting Model: Estonia pioneered digital voting as an online alternative, significantly enhancing voter participation while reducing environmental impact.
  • The success of Estonia's approach underscores the feasibility of digital voting, complemented by stringent security measures, as an eco-friendly and voter-centric solution.

A Roadmap for Sustainable Green Elections:

• Political Leadership and Digital Campaigning: Political parties should enact legislation mandating eco-friendly election practices, integrating them into the Model Code of Conduct governing campaign activities.
  • Encouraging the adoption of digital platforms for campaigning and door-to-door outreach can substantially reduce the carbon footprint associated with traditional public rallies.
• Incentivizing Sustainable Practices and Infrastructure Development: Offering incentives for political parties to use sustainable materials like natural fabrics and recycled paper in place of plastic and paper-based campaign materials, alongside supporting waste management and local artisans.
  • Government investment in digital voting infrastructure, particularly in rural areas, ensures reliable internet access and accessible digital devices for all voters.
• Role of the Election Commission of India (ECI) with Government Backing: The ECI can advocate for digital voting systems, highlighting their environmental benefits and addressing security concerns through comprehensive measures.
• Public Awareness and Civil Society Engagement: Civil society organizations can lead public awareness campaigns, educating citizens about the environmental impact of traditional election methods and advocating for eco-friendly alternatives.
  • Monitoring the implementation of green initiatives and advocating for transparency and accountability in the electoral process.
• Media's Advocacy Role: Media outlets can spotlight the environmental consequences of conventional election methods through investigative reporting and by showcasing successful eco-friendly initiatives.
• Global Collaboration for Sustainable Elections: Collaborating with countries like Sri Lanka and Estonia, which have successfully implemented eco-friendly election practices, to share insights and support international platforms for exchanging best practices in sustainable electoral initiatives.

Hurdles and Potential Solutions for Conducting Eco-Friendly Elections:

• Technology Barriers: Ensuring a seamless transition to digital voting demands robust technological infrastructure, particularly in remote regions where connectivity may be sparse.
  • Upholding the integrity and security of digital systems is paramount, requiring comprehensive safeguards against cyber threats and manipulation to uphold public trust.
• Financial Impediments: Embracing eco-friendly materials and technologies entails significant initial investments, posing challenges for governments constrained by budgetary limitations.
  • Competing priorities may hinder the allocation of funds toward sustainable electoral practices, despite their long-term environmental advantages.
• Cultural Shifts and Public Doubts: Cultural norms often associate physical polling booth presence with democratic participation, necessitating efforts to shift perceptions towards digital methods.
  • Addressing public skepticism regarding new technologies, particularly concerns about security and reliability, requires proactive measures to build trust and confidence.
• Promoting Transparency and Accountability: The adoption of eco-friendly and digital strategies must be accompanied by transparent processes and robust auditing mechanisms.
  • Establishing clear protocols for auditing new practices fosters accountability and addresses concerns about fairness and impartiality, enhancing public trust.
• Tackling Logistical Complexities: Executing large-scale electoral reforms demands meticulous planning and coordination across various stages.
  • From sourcing eco-friendly materials to training personnel, addressing logistical challenges systematically is essential for smooth implementation.

Conclusion

Adopting environmentally conscious electoral practices represents not only an imperative for India but also a chance to lead by example on the global stage. Harmonizing high-level policies with ground-level efforts and engaging various stakeholders—political entities, Election Commissions, governments, citizens, media, and civil society—can position India as a trailblazer in conducting sustainable elections. This transformative approach not only integrates environmental responsibility but also reinforces the connection between ecological stewardship and the core tenets of democracy.

Why is it in the News?

While SC judgments on electoral bonds and Chandigarh mayoral election are welcome, they ought not to merely be an episodic legitimisation of the façade of constitutionalism.

Recent Indian Supreme Court Rulings Questioning Government Actions:

• Invalidating the Electoral Bonds Scheme: The Supreme Court ruled the electoral bonds scheme unconstitutional, posing a challenge to a major government initiative concerning political funding.
• AAP Victory in Chandigarh Mayoral Election: The Court affirmed the Aam Aadmi Party's (AAP) victory in the Chandigarh mayoral race, overturning a local electoral outcome and directly challenging administrative actions in the election process.

Analyzing the Supreme Court's Balancing Act:

• Observe the Executive's Activities to Sustain Its Own Lawfulness: The Supreme Court of India, as the highest judicial authority, bears the weighty responsibility of interpreting and upholding the Constitution.
  • In fulfilling this duty, it frequently engages in a precarious balancing act, striving to negotiate the intricacies of challenging executive decisions while safeguarding its own credibility.
  • This intricate dance between the judiciary and the executive mirrors the broader constitutional framework, wherein checks and balances play a pivotal role in preventing the dominance of any single branch.
• Significance of Upholding Legitimacy: A fundamental aspect of this delicate balancing act is the imperative to avoid antagonizing the executive to the extent that it imperils the Court's legitimacy.
  • The Court recognizes that maintaining this delicate equilibrium is indispensable for the institution’s continued existence.
  • A collapse in the Court's credibility could undermine the very fabric of the constitutional order it endeavours to uphold.
  • This consideration often influences the Court's deliberations, prompting careful consideration of the potential ramifications for its stature.

What are the Issues with the Court's Balancing Act Against the Executive?

• The Court grapples with the intricate balance between its roles as a legal arbiter and guardian of constitutional integrity, particularly when confronted with executive actions that may encroach upon constitutional principles.
• Recent decisions, like invalidating the electoral bonds scheme, highlight the Court's assertion in safeguarding democratic norms while cautiously avoiding confrontation to preserve its legitimacy.
• However, concerns arise when the Court's reluctance to challenge the executive overshadows its commitment to constitutional values, potentially legitimizing authoritarian agendas.
• Maintaining a facade of constitutionalism can lead to questions regarding the Court's consistent commitment to curbing executive power.
• The Court must uphold constitutional principles robustly, even if it means challenging the executive's authority uncomfortably, to ensure justice and democracy prevail.
• Success in this delicate balancing act lies not only in the decisions rendered but also in the Court's unwavering dedication to justice and democracy, despite formidable executive pressures.

Analysing Political Culture, Public Sentiment, and the Court's Influence:

• Disparity Between Legal Pronouncements and Public Opinion: Recent Supreme Court rulings against government initiatives, such as invalidating the electoral bonds scheme, fail to resonate as significant concerns within public sentiment, highlighting a disconnection between legal decisions and public perception.
• Normalization of Institutional Decline: The lack of public outcry over decisions challenging government actions reflects a worrying normalization of institutional decay, where issues like electoral malpractice are perceived as minor errors rather than threats to democracy.
• Aestheticization of Politics: Rather than prompting political concern, events like the Chandigarh mayoral race are often viewed as entertainment, illustrating a shallow engagement with political developments that overlook their implications for governance.
• Opposition Fragmentation and Political Dynamics: The Opposition's fragmented state impedes its ability to leverage judicial decisions against the government, weakening efforts to hold the ruling party accountable and allowing it to diminish the significance of adverse legal rulings.
• Courts' Influence on Political Culture: While the Court delivers commendable decisions, it operates within a political culture seemingly immune to the erosion of democratic norms, limiting its ability to shape broader perceptions.
  • Legal victories, though sound, struggle to spark the necessary public mobilization to impact the prevailing political climate.

Way Ahead:

• Embracing Civic Courage and Critical Inquiry: Amidst institutional erosion and a dearth of political engagement, there is a pressing need for civic courage, critical thinking, and a commitment to holding the government to account.
  • Instances of institutional impropriety, whether through overreach, repression, or communalisation, often fail to provoke a robust public response.
  • The reluctance to critically engage with such issues perpetuates a political climate where even pro-democracy decisions are seen as rare anomalies rather than normative outcomes.
  • As such, the public's reception of these rulings becomes pivotal in shaping their enduring impact.
• Calling for a Reassessment of Institutional Roles: Recent legal verdicts must be part of a broader effort to challenge the consolidation of authoritarianism and communalism.
  • The prevailing political climate necessitates critically reassessing institutional roles in fostering genuine accountability.

Conclusion

Recent Supreme Court rulings, while potentially positive, warrant cautious consideration amid broader institutional challenges. Navigating issues like legitimacy balancing, fragmented opposition, and institutional normalization presents formidable obstacles. The enduring impact of these decisions hinges on both public reception and the Court's steadfast dedication to constitutional principles, determining whether they signify substantive progress or fleeting glimpses of hope amidst broader democratic challenges in India.

Why is it in the News?

There is a need to educate elected representatives and the public on the significance and the need for panchayats to be able to survive on its own resources

Context:

• Three decades have passed since the enactment of the 73rd and 74th Constitutional Amendment Acts, designed to institutionalize local bodies as entities of local self-government.
• Presently, the degree of devolution in India's Panchayati Raj institutions exhibits variations among states, with some making substantial strides and others trailing behind.
• Therefore, there is a pressing need to scrutinize the fiscal devolution dimension, underscoring the pivotal role of state government commitment in enhancing the effectiveness of Panchayati Raj institutions at the grassroots level.

What is the Local Self Government?

• The system of local self-government, more commonly known as ‘panchayats’, had been established to empower the grassroots of democracy in India.
• Panchayats or local-self rule is a three-tier system in each state which has elected bodies at the village, taluk and district levels.
• The concept of panchayats has been present in Indian society since ancient times.
• Over the centuries the concept has undergone various changes and modifications and in the recent past has taken the form of panchayati raj institutions after decentralization reforms in the early 1990s.
• These institutions for grassroots-level democracy were formally included in the Constitution through the 73rd and 74th Amendments Act in 1993.
• The constitutional amendments also ensured the reservation of one-third of all elected positions for women in both rural and urban areas.
• Derived from the Central Act, various State Panchayati Raj Acts have incorporated provisions for taxation and revenue collection.
• The main idea of setting up local-self government institutions was to enable and empower the local people to manage their affairs by being a part of the decision-making process and participating in the implementation of policies in a more effective manner.

The Present State of Fiscal Devolution of Panchayats:

• Reliance on External Funds: The 73rd and 74th Constitutional Amendments Acts underscored the importance of fiscal devolution, urging Panchayati Raj institutions and urban local bodies to achieve financial self-sufficiency.
  • These amendments explicitly stated the necessity for local bodies to generate their own revenues to reduce reliance on grants from higher levels of government.
  • However, the current scenario indicates that Panchayati Raj institutions still heavily depend on external funding, with only 1% of their revenue originating from taxes.
• Panchayats' Struggle to Generate Revenue Through Taxation: The data highlights the challenge that, despite constitutional provisions, Panchayats are not effectively utilizing taxation as a primary revenue source.
  • Merely 1% of revenue is generated through taxes, while a significant 80% is sourced from the Central government and 15% from the States.
  • This disparity raises concerns about the commitment of state governments to decentralization and the overall efficacy of devolution initiatives implemented over the past three decades.
• Centralization of Financial Resources Despite Constitutional Emphasis on Fiscal Devolution: Despite the constitutional emphasis on fiscal devolution, the centralization of financial resources remains a persistent issue.
  • Panchayats are envisioned as self-governing entities with the authority to raise their own revenue, yet the reality paints a different picture.
  • The disproportionate distribution of revenue indicates a lack of fiscal empowerment at the grassroots level, undermining the fundamental principles of local self-government.

What are the Challenges Faced by Panchayati Raj Institutions in Revenue Generation?

• Dependency on Grants: The reliance on grants is exacerbated by the heightened allocations from Central Finance Commissions (CFC).
  • A comparative analysis reveals a significant increase in grants disbursed through the 14th and 15th CFCs, amounting to ?2,00,202 crore and ?2,80,733 crore, respectively.
  • This substantial influx of grants has inadvertently diminished incentives for generating own-source revenue.
  • Panchayats, buoyed by augmented financial assistance, have gradually shifted focus away from revenue generation, fostering a culture of dependence on external funds.
• The Culture of Entitlement: A prevalent cultural mindset fosters resistance to taxation, with individuals expecting a range of services and benefits without contributing financially to the sustenance of Panchayats.
  • This aversion to taxation arises from the belief that public services should be provided without imposing a direct financial burden on the local populace.
• Dilemma of Elected Representatives: Elected representatives, crucial to the functioning of Panchayati Raj institutions, grapple with their own set of challenges.
  • There exists a tangible apprehension among these representatives that levying taxes might adversely affect their popularity and electoral prospects.
  • This fear often results in hesitancy to take decisive steps towards revenue generation.
  • Addressing this challenge necessitates targeted efforts to educate elected representatives about the enduring benefits of financial self-sufficiency and its positive impact on local development endeavours.
• Decline in Tax Collection: Tax collection, which stood at ?3,12,075 lakh in 2018-19, dwindled to ?2,71,386 lakh by 2021-2022.
  • This downward trend raises concerns, signalling a waning commitment to financial autonomy at the local level.
  • Similarly, non-tax revenue also experienced a decline from ?2,33,863 lakh to ?2,09,864 lakh during the same period.
  • These patterns underscore the imperative for revitalized efforts in revenue generation and a departure from grant dependency.

Government's Efforts to Implement Constitutionally Mandated Fiscal Devolution:

• Establishment of an Expert Committee: To address this challenge, the Ministry of Panchayati Raj constituted an expert committee tasked with examining the own source of revenue (OSR) of rural local bodies.
  • The committee's findings delineate various revenue-generating avenues accessible to Panchayati Raj institutions through State Acts.
  • These mechanisms include property tax, land revenue cess, stamp duty surcharge, tolls, professional tax, advertisement tax, and user charges for essential services like water, sanitation, and lighting.
  • While these avenues exist, their effective implementation is imperative for Panchayats to attain financial autonomy.
• Focus on Effective Taxation Mechanisms: The report underscores the significance of establishing an enabling environment for taxation, encompassing decisions on tax and non-tax bases, enactment of robust tax management and enforcement laws, etc.
  • This strategic approach aims to empower Panchayats to fully leverage their revenue generation potential.
  • While taxation constitutes a vital aspect of fiscal devolution, the report also acknowledges the potential of non-tax revenue streams, including Fees, rent, income from investment sales and hire charges,
• Along with revenue from innovative initiatives such as rural business hubs, commercial ventures, renewable energy projects, carbon credits, CSR funds, and donations.
• Diversification of revenue sources can bolster the financial resilience of Panchayati Raj institutions, reducing their reliance on grants.

The Role of Gram Sabhas:

• Gram sabhas have a significant role in fostering self-sufficiency and sustainable development at the grass-roots level by leveraging local resources for revenue generation.
• They can be engaged in planning, decision-making, and implementation of revenue-generating initiatives that range from agriculture and tourism to small-scale industries.
• They have the authority to impose taxes, fees, and levies, directing the funds towards local development projects, public services, and social welfare programmes.
• Through transparent financial management and inclusive participation, gram sabhas ensure accountability and foster community trust, ultimately empowering villages to become economically independent and resilient.
• Thus, gram sabhas need to promote entrepreneurship, and foster partnerships with external stakeholders to enhance the effectiveness of revenue generation efforts.

Way Forward:

• Education and Awareness: There is a pressing need to raise awareness among elected representatives and the public about the importance of revenue generation for developing Panchayats as self-sustaining institutions.
  • Ultimately, the dependency syndrome for grants has to be minimised and in due course, panchayats will be able to survive on their own resources.
  • Achieving this goal requires concerted efforts at all levels of governance, including the state and central levels.
• Promotion of Entrepreneurship: Gram Sabhas plays a crucial role in promoting entrepreneurship and fostering partnerships with external stakeholders to bolster revenue generation efforts.
  • Encouraging entrepreneurial ventures within local communities can stimulate economic growth and reduce dependency on external funding.
• Collaboration and Support: Panchayats need to collaborate closely with higher tiers of governance and external stakeholders to enhance their revenue generation capabilities.
  • This collaborative approach can facilitate the implementation of innovative initiatives and the efficient utilization of resources, thereby fostering financial self-reliance among Panchayats.

Why is it in the News?

President Draupadi Murmu on Sunday called for the creation of an all-India judicial service to recruit judges, saying this will help make the judiciary diverse by increasing representation from marginalised social groups.

News Summary:

• President Draupadi Murmu in her inaugural address, advocates for the establishment of an all-India judicial service during the Supreme Court’s Constitution Day celebrations on 26th Nov.
• November 26th is observed as Constitution Day to commemorate the adoption of the Constitution of India by the Constituent Assembly in 1949.
• The creation of an all-India judicial service is proposed to diversify the judiciary, increasing representation from marginalized social groups.
• She also discusses gender and caste representation, emphasizing the need for accessible justice and suggested a merit-based, competitive, and transparent process for recruiting judges from varied backgrounds.
• The President envisions an all-India judicial service selecting talented individuals from across the country, providing opportunities to less-represented social groups.
• She calls for removing colonial remnants from all domains as part of India's continued democratization.
• She highlights India's democratic strides post-independence, celebrating diverse leadership across genders and socially disadvantaged groups.

About All-India Judicial Service:

• The concept of the All-India Judicial Service was initially introduced in the 14th Report of the Law Commission of India in 1958.
• This service envisions the central recruitment of district judges through an all-India examination, with subsequent allocation to each state, mirroring the organizational structure of other All-India Services such as IAS and IPS.
• The primary objective is to establish a transparent and efficient recruitment method, aiming to attract the finest legal talent in India.
• The idea was again proposed in the Law Commission Report of 1978, which discussed delays and arrears of cases in the lower courts.
• In 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 15th Report backed the idea of a pan-Indian judicial service and also prepared a draft Bill.
• Currently, the appointment of district judges is carried out by the state governor based on the recommendations of the chief justice of the respective state's high court.

What is the procedure to set up an All-India Service?

• The 42nd Constitutional Amendment (1976) brought about modifications to Article 312(1), granting the Parliament the authority to legislate for the establishment of one or more All-India Services.
• Following this, as per Article 312(1) of the Constitution, the Rajya Sabha must pass a resolution with the support of at least two-thirds of its members present and voting.
• Subsequently, Parliament can amend Article 233 and Article 234 by a simple majority to institute an All-India Judicial Service (AIJS).
• The recruitment procedures and terms for individuals appointed to All India services are subject to regulation by Parliament through the enactment of the All India Service Act, 1951.
• Importantly, this process does not necessitate a constitutional amendment under Article 368.

Arguments Setting of the All-India Judicial Service (AIJS):

• Enhanced Judicial Efficiency: Implementation of the All-India Judicial Service (AIJS) ensures an efficient subordinate judiciary by addressing issues such as different pay scales, faster vacancy fulfillment, and standardized training across states.
• Vacancies and Pendency of Cases: As of July 2023, the subordinate judiciary's working strength was 19,858, with 5,000 posts remaining vacant against the sanctioned strength of 25,246.
• Over 85% of the 5 crore pending cases, especially in district courts, contribute to a significant backlog, with more than one lakh cases pending for over 30 years.
• Balancing Judges To Population Ratio: The AIJS aligns with a Law Commission report (1987) suggesting a judge-to-population ratio of 50 judges per million people, a considerable increase from the then-existing 10.50 judges.
• Despite progress, the current figure of 20 judges in terms of sanctioned strength remains comparatively lower than the U.S. (107) and the U.K. (51) ratios.
• Enhanced Representation for Marginalized Sections: The AIJS is advocated by the government as an optimal solution for achieving equitable representation of marginalized and deprived sections of society within the judiciary.
• Addressing Corruption and Nepotism: A bottoms-up approach to recruitment through the AIJS is seen as a strategy to tackle issues like corruption and nepotism prevalent in the lower judiciary.
• Absence of career growth: Currently, less than 25% of judicial officers have the chance to ascend to High Court judgeship, primarily reaching the rank of district judges towards the end of their careers.
• The remaining 75% quota is allocated for High Court judge recruitment from the Bar Association of India.
• The establishment of an All-India Judicial Service (AIJS) would ensure a richer talent pool with a younger age profile for selection by High Courts and the Supreme Court, offering a remedy to the issue of limited career growth.

Criticism Against Setting up an All-India Judicial Service:

• Centralization and State Power Concerns: The adoption of a centralized recruitment process is criticized as infringing on federalism, and encroaching on the constitutional powers granted to states.
• Language Barrier Challenge: An argument against AIJS is that judges recruited through this process may lack proficiency in the local languages of the States where they are posted.
• Given that civil and criminal court proceedings are conducted in languages prescribed by respective State governments, this language barrier is a significant concern.
• Impact on Local Reservations: Centralized testing may potentially dilute reservations based on caste, rural backgrounds, or linguistic minorities, undermining localized efforts to ensure representation.
• Conflict with Separation of Powers: Opposition stems from constitutional principles of the separation of powers.
• Centralized testing raises concerns about the executive gaining influence in the appointment of district judges, potentially diminishing the role of High Courts.
• Limited Impact on Structural Issues: Critics argue that the creation of the All-India Judicial Service (AIJS) fails to address inherent structural challenges in the lower judiciary.
• Uniformity in pay scales, as addressed by the Supreme Court in the 1993 All India Judges Association case, is seen as a more effective approach.
• Alternative Solutions Over Central Exam: Experts contend that addressing structural issues involves increasing pay universally and ensuring that a portion of High Court judges are selected from the lower judiciary.
• This approach is seen as more effective than relying solely on a central exam to attract quality talent.

Supreme Court’s Stand:

• In 1992, the Supreme Court (SC) issued a directive in the case of All India Judges’ Association v. The Union of India, instructing the Centre to establish an All India Judicial Service (AIJS).
• However, during a review of this judgment in 1993, the court granted the Centre the freedom to take the lead on the AIJS matter.
• In 2017, the SC independently addressed concerns about the appointment of district judges, suggesting the exploration of a Central Selection Mechanism.
• Senior advocate Arvind Datar, acting as amicus curiae (friend of the court), circulated a concept note to all states proposing a common examination instead of separate state exams.
• The merit list from this common examination would guide High Courts in conducting interviews and appointing judges.
• Datar emphasized that this approach would not alter the constitutional framework or diminish the authority of states or High Courts.

Way Forward

Despite the prolonged debate spanning decades, numerous States and High Courts have expressed reservations regarding the creation of an All-India Judicial Service (AIJS). Therefore, it is imperative to foster a comprehensive consensus among the Centre, States, and the Judiciary before the Parliament proceeds with establishing the AIJS. In the meantime, efforts should be concentrated on implementing more targeted and immediate solutions to effectively address the challenges faced by the Indian judiciary.

Why is it in the News?

• Electoral Bonds Case Referred to 5-Judge Constitution Bench for Hearing on October 31 by Supreme Court.
• Two NGOs, Common Cause and Association for Democratic Reforms (ADR), have filed petitions challenging the electoral bonds scheme.
• The petitioners argue that anonymous funding through these bonds promotes corruption and infringes on citizens' right to a corruption-free nation.

What Are Electoral Bonds (EBs)?

• Electoral bonds, introduced by the Government of India in 2018, serve as a financial instrument to facilitate anonymous political donations.

Key Points:

• An electoral bond is a bearer instrument, akin to a promissory note, allowing the bearer to make contributions to political parties.
• Eligibility to Receive Electoral Bonds: Only registered political parties qualify to receive electoral bonds. Specific criteria apply:
• Recognition: The party must be registered under Section 29A of the Representation of the People Act, 1951.
• Recent Election Performance: The party must have secured at least 1% of the votes polled in the most recent Lok Sabha or State Assembly election.
• Available Denominations: The Government has specified various denominations for electoral bonds, ranging from Rs. 1,000 to Rs. 1 crore.
• Authorized Bank: The State Bank of India (SBI) is the sole authorized institution for the sale of electoral bonds.

How They Work:

• Eligibility to Purchase: Indian citizens or entities incorporated in India are eligible to buy these bonds.
• Denominations: Electoral bonds are available in various denominations, such as Rs. 1,000, Rs. 10,000, Rs. 1,00,000, Rs. 10,00,000, and Rs. 1,00,00,000.
• Lifespan: These bonds have a short life of 15 days, during which they can be used solely for making donations to registered political parties.
• Availability: Electoral bonds can be purchased during specific periods, typically 10 days in the months of January, April, July, and October as specified by the Central Government.
• Encashment: Eligible political parties can encash these bonds through a designated bank account with the authorized bank.
• Disclosure: Political parties are required to disclose the amount received from electoral bonds to the Election Commission.

Key Features of Electoral Bonds:

• Anonymity: Electoral bonds ensure donor anonymity by keeping the identity of the donor confidential, both to the public and the recipient’s political party.
• Purchase and Redemption: These bonds can be purchased from authorized banks using legal tender.
• They are available in fixed denominations, with the minimum value set by the government.
• Redemption is exclusive to registered political parties within a specified time frame.
• Validity: Electoral bonds have limited validity, typically 15 days, during which they can be utilized for making donations to eligible political parties.
• Exclusivity: Only political parties that have garnered at least 1% of the votes in the most recent Lok Sabha or State Assembly election are qualified to receive electoral bond donations.
• Transparency: While donor identities are kept confidential, political parties receiving electoral bond donations are obligated to disclose donation details in their financial statements submitted to the Election Commission of India.

What are the Reasons for Introducing Electoral Bonds?

• Promoting Digital Transactions: The electoral bond scheme was introduced to encourage the transition from cash-based political donations to digital transactions.
• This shift aimed to reduce the use of unaccounted or black money in political funding.
• Ensuring Donor Anonymity: The scheme's objective was to safeguard donor anonymity.
• The donor's name is not disclosed on the bond. Donors contributing less than Rs 20,000 to political parties through the purchase of electoral bonds are not required to provide identity details like PAN, enhancing protection against potential backlash due to their political affiliations.
• Formalizing Political Contributions: Electoral bonds aimed to formalize political contributions by routing donations through the banking system.
• This formalization establishes a documented record of donations, making the process more transparent and accountable.
• Enhancing Transparency: While donor identities are shielded, the electoral bond scheme sought to enhance transparency in political funding.
• This is achieved by mandating political parties to disclose the details of electoral bond donations in their financial statements.

Criticisms of Electoral Bonds:

• Lack of Transparency: While political parties must disclose the amount of donations received through electoral bonds, the identity of donors remains confidential.
• Potential for Money Laundering: Critics argue that the anonymity provided by electoral bonds can be exploited for money laundering or funneling black money into the political system.
• Unequal Advantage to Ruling Parties: The sale of such bonds via a government-owned bank (SBI) raises concerns that the government could discern who is funding its opponents.
• This may create opportunities for extortion or victimization of companies that don't support the ruling party.
• Bypassing Election Commission Scrutiny: Unlike other forms of political funding, electoral bonds do not necessitate approval or verification by the Election Commission of India (ECI), potentially undermining the ECI's oversight role in regulating political funding and ensuring a level playing field.
• No Upper Limit on Funding: The removal of the cap on corporate donations to political parties has raised concerns about unlimited corporate funding.
• Concerns by RBI and EC: Both the Reserve Bank of India (RBI) and the ECI have expressed concerns about electoral bonds, highlighting the potential for increased black money circulation, money laundering, counterfeiting, and forgery.
• They also worry about setting a precedent for money laundering, eroding trust in Indian banknotes, undermining central banking legislation, legitimizing opacity in election funding, and facilitating money laundering for shell companies and foreign donations.

What are the Challenges Associated with Electoral Bonds?

• Compromising the Right to Know: Electoral bonds, by concealing the identities of donors and recipients, may pose challenges to the right to know, which is a component of the right to freedom of expression under Article 19 of the Constitution.
• Government Access to Donor Data: The risk of anonymity compromise arises from government access to donor data, enabling the government in power to exploit this information, potentially impacting the fairness of elections.
• Unauthorized Donations Violating Regulations: There is a risk of unauthorized donations violating existing regulations and guidelines.
• Crony Capitalism and Black Money: Electoral bonds may create a risk of crony capitalism, which entails mutually beneficial relationships between business leaders and government officials. It also opens the door to the infusion of black money into political funding.
• Loopholes in Corporate Transparency and Donation Limits: Concerns arise from loopholes regarding transparency for corporate entities and the removal of the 7.5% clause in the Companies Act 2013. This change raises concerns about the potential use of shell companies for political funding, including the circulation of black money.

Way forward

• Enhance Transparency: Take steps to improve transparency within the Electoral Bond Scheme.
• Stricter Regulation and Disclosure: Enforce more stringent regulations for political parties, mandating full disclosure and permitting the Election Commission of India (ECI) to scrutinize donations, both in terms of bonds and expenditure.
• Address Loopholes: Identify and rectify any existing loopholes in the Electoral Bond system to mitigate the potential for misuse, violation of donation limits, and risks like crony capitalism and the infusion of black money.
• Ongoing Monitoring and Review: Establish a system for continuous monitoring and review of the Electoral Bond Scheme.
• This can be achieved through judicial oversight, periodic assessments, and engagement with the public.
• This approach will help address emerging concerns and adapt to evolving political landscapes, ultimately promoting a more inclusive decision-making process.

Key Findings from the Association of Democratic Reforms (ADR) Report:

Donations and Funding Sources Analysis:

• The highest donations from Electoral Bonds, amounting to ?3,438.8237 crore, were received in the year 2019-20, coinciding with the general elections.
• In 2021-22, a year with 11 Assembly elections, donations through Electoral Bonds reached ?2,664.2725 crore.
• Out of the total donations of ?16,437.635 crore received by the 31 political parties analyzed, 55.90% came from Electoral Bonds, 28.07% from the corporate sector, and 16.03% from other sources.

National Parties:

• National parties experienced a significant surge in donations through Electoral Bonds, with a 743% increase from FY 2017-18 to FY 2021-22.
• In contrast, corporate donations to national parties increased by only 48% during the same period.

Regional Parties and Electoral Bond Contributions:

• Regional parties also witnessed a substantial proportion of their donations coming from Electoral Bonds.

Power-Biased Donations via Electoral Bonds:

• The BJP, as the ruling party, received the highest donation among national political parties, with more than 52% of its total donations sourced from Electoral Bonds, totaling ?5,271.9751 crore.
• The Congress secured the second-highest Electoral Bond donations, with ?952.2955 crore, constituting 61.54% of its total donations.
• The Trinamool Congress received ?767.8876 crore through Electoral Bonds, accounting for 93.27% of its total donations.

Why in the News?

Delhi’s current emphasis is on building bridges between developing and developed countries. Many in the developed world are waking up to the importance of greater cooperation between the North and the South amidst the breakdown of relations between the East and the West.

What are the factors contributing to the weakening of global cooperation in the post-Cold War era?

• Russian Conflicts: International relations have been strained due to Russia's aggressive actions, notably its annexation of Ukraine's Crimean Peninsula in 2014 and the ongoing conflict with Ukraine.
• China's Territorial Ambitions: Concerns have arisen from China's territorial disputes with neighboring Asian countries, including India, Japan, the Philippines, and Vietnam.
• Economic Leverage: China's attempts to leverage its economic power for political and strategic purposes have led to growing distrust among nations worldwide.
• Change in Chinese Policies: A shift in Chinese policies under Xi Jinping, departing from the peaceful periphery and shared prosperity approach of the 1980s, has had adverse effects on regional and global institutions.

How is Asia reacting to China's actions?

• Security Institutions: New security coalitions such as the Quad, comprising India, the United States, Japan, and Australia, have been formed to counterbalance China's growing influence in the region.
• AUKUS Pact: The establishment of the AUKUS alliance, which includes Australia, Britain, and the United States, is a direct response to China's expanding military presence in the area.
• Questioning ASEAN's Role: China's assertive territorial expansion has raised concerns about the effectiveness of ASEAN-led regional organizations in maintaining stability.
• Bilateral Relationships: Many Asian nations are reinforcing bilateral ties to deter China's unilateral actions. For instance, the trilateral agreement involving the United States, Japan, and South Korea aims to enhance security in Northeast Asia.
• Economic Diversification: Countries like Japan and the United States are actively seeking to reduce their economic reliance on China by diversifying their trade partnerships.

How is India's role undergoing transformation?

• Central Player: India is increasingly assuming a central role in shaping both regional and global dynamics, evident in its active participation in forums such as the Indo-Pacific Quadrilateral Forum.
• G20's Evolution: India is advocating for the G20 to address the concerns of the Global South, indicating its aspiration to have a more significant role in global economic discussions.
• Shifting Alliances: While historically aligned with Moscow and Beijing for a multipolar world, India's focus has shifted due to China's growing assertiveness, leading it closer to nations like Australia, Japan, and the United States.
• Embracing the Indo-Pacific: India has embraced the Indo-Pacific concept and revitalized the Quad alliance to counterbalance China's influence in the region.

What are the key elements of India's new approach to multilateralism?

• Quad Collaboration: During the Jakarta summit, the Prime Minister of India emphasized the Quad's role in complementing ASEAN's efforts and promoting regional stability.
• Re-globalization Focus: India's External Affairs Minister, S Jaishankar, advocates for a diversified and democratic form of globalization that moves away from a production model centered around China.
• Collective Solutions: Despite the challenges faced in multilateralism, India remains committed to seeking collective solutions to various global issues, including the modernization of the global tax regime.

Global South Concerns: India places a strong emphasis on addressing the concerns of the Global South within the G-20 agenda, with a goal of fostering greater cooperation between developed and developing nations, rather than reviving past confrontational politics.

Why in the News?

• The Centre on Saturday (September 2) set up a committee to examine various aspects, both legal and logistical, for implementing the “one nation, one election” idea.
• The Law Ministry has outlined seven terms of reference for the eight-member panel headed by former President Ram Nath Kovind and including Union Home Minister Amit Shah.
• One of the terms of reference is to examine if a constitutional amendment to facilitate simultaneous polls would have to be ratified by the states.

What is the 'One Nation One Election' system?

• The current electoral system in the country conducts separate elections for the Lok Sabha and state Assemblies with a five-year gap.
• This gap is based on the conclusion of the Lower House's tenure, the state government's term, or premature dissolution of either.
• State assemblies may not align their terms with each other or with that of the Lok Sabha, resulting in a continuous cycle of elections throughout the year.
• The 'One Nation One Election' proposal suggests holding simultaneous elections for all states and the Lok Sabha every five years.
• This would require restructuring the Indian election calendar to synchronize state and central elections.
• Voters would then cast their ballots for both the Lok Sabha and state assemblies on a single day, simultaneously or in phased manner as needed.

Amending the Constitution:

Constitutional Provisions:

• In India, Article 368 of the Constitution outlines the power and procedure for amending the Constitution.
• The interpretation of this provision has led to tensions between Parliament and the judiciary since 1951.

Mixing of Flexibility and Rigidity:

• During the debates of the Constituent Assembly, there was extensive discussion on whether the Constitution should be flexible or rigid.
• The British constitution is often considered flexible because it can be amended by Parliament just like any other ordinary legislation.
• In contrast, the United States Constitution cannot be amended without the ratification of at least three-fourths of the individual states.

India's Approach:

• The Indian Constitution adopted a combination of flexibility and rigidity.
• It allows for constitutional amendments through judicial interpretation and conventions established through usage.

Informal Amendments:

• Informally, the Constitution is modified through judicial interpretation and established conventions.
• For instance, in the process of appointing judges to the higher judiciary, although the Constitution refers to a consultation between the President and the Chief Justice of India, the Supreme Court's interpretation has evolved it to mean "concurrence."
• This interpretation led to the development of the collegium system for appointing judges, effectively bringing about a change in the essence of the Constitution.

What is the Amendment Process?

Simple Majority:

• Many provisions of the Constitution can be amended through a straightforward legislative process similar to passing regular laws in Parliament.
• This amendment method is achieved by a majority of those present and voting and does not require a quorum.
• Although Article 368 doesn't explicitly list such 'less significant' provisions, they are excluded from its scope throughout the Constitution, establishing a separate category.
• Examples include changing state names, admitting new states to the Union, and adjusting state boundaries.

Special Majority:

• For amending provisions that don't fall into the first category, Article 368 mandates that the amendment Bill must be approved by both Houses of Parliament with a majority of at least two-thirds of the members present and voting.
• According to Rule 158 of the Lok Sabha Rules, the total membership encompasses all members of the House, regardless of any vacancies or absentees at the time.

Ratification by States:

• A third category of provisions not only requires a special majority for amendment but also necessitates ratification by the legislatures of at least half of the states.
• Only after receiving ratification from the states can such an amendment be presented to the President for approval.
• These provisions pertain to the federal character of the Constitution and are commonly known as entrenched provisions.
• For instance, the 99th Constitutional Amendment in 2014, which established the national judicial accountability commission, was ratified by 16 state legislatures before receiving the President's approval.
• Similarly, in 2016, the 122nd Constitutional Amendment Bill introducing the Goods and Services Tax regime was ratified by 23 states.

Established Provisions:

• Article 368 identifies six segments of the Constitution that are subject to additional safeguards when it comes to their amendment.
• These segments include:
• Article 54 and 55, which pertain to the election of the President of India.
• Article 73 and 162, addressing the extent of executive power for the Union and states, respectively.
• Articles 124–147 and 214–231, dealing with the powers of the Supreme Court and the High Courts.
• Article 245 to 255, concerning the distribution of legislative, taxing, and administrative powers between the Union and the states.
• Article 81–82, governing the representation of states in Parliament.
• Article 368 itself.

State Ratification: A Supreme Court Perspective

• The significance of state ratification was highlighted in the 1992 Supreme Court case of Kihoto Hollohan v Zachillu.
• In this case, the constitutionality of the Tenth Schedule was challenged on the grounds that it had not been ratified by the states.
• The Tenth Schedule deals with the disqualification of elected representatives and aimed to, among other things, limit the jurisdiction of courts in matters related to disqualifications.
• This aspect of the amendment pertained to one of the six areas that require ratification by at least half of the states, namely, the jurisdiction of the Supreme Court and the High Courts.
• The Supreme Court ruled in favor of the validity of the Tenth Schedule but struck down the part of the amendment that tinkered with the jurisdiction of the Supreme Court and the High Courts.

Mains Question:

• Critically evaluate the impact of the 'One Nation One Election' proposal on India's political landscape, and elucidate the potential benefits and drawbacks of such a system? (10M)