Why in the News?

Khap Panchayats have attracted attention due to their evolving role in addressing key socio-economic issues like unemployment, education, and rural development. Modernization efforts are underway to regulate these traditional councils, integrating them into formal Alternative Dispute Resolution (ADR) systems for better governance, accountability, and social justice.

What are Khap Panchayats?

Definition and Origin:

Khap Panchayats are community-based councils primarily found in North India, particularly in Haryana, Uttar Pradesh, and parts of Rajasthan. These informal bodies, composed of elders from kinship groups (Khaps), have historically served as local governance bodies that resolve disputes within their communities. Their origins trace back centuries and they function alongside formal legal systems, often prioritizing customary norms over constitutional law.

Historical Role:

Historically, Khap Panchayats have maintained social order in rural areas, acting as forums for dispute resolution related to marriage, property, and community matters. While their decisions were respected within their communities, they operated parallel to formal courts, and their influence was often seen as a stabilizing force in rural society. However, their structure has also contributed to the perpetuation of patriarchal practices and social exclusion.

Issues with Khap Panchayats

• Patriarchal Practices:Khap Panchayats have often been associated with gender inequality. They enforce rigid social norms that limit women's autonomy, particularly in matrimonial matters, inheritance rights, and personal freedoms. This has led to criticism for their role in suppressing women's rights.
• Honor Killings and Social Conservatism:Khap Panchayats are notorious for opposing inter-caste and same-gotra marriages, at times even endorsing honor killings to preserve social order. Such practices are violations of fundamental rights and personal freedoms guaranteed by the Indian Constitution.
• Legality Concerns:The decisions of Khap Panchayats often clash with constitutional values such as equality, personal liberty, and dignity. Their informal judgments lack legal validity and frequently violate the rule of law, raising significant concerns about their adherence to India’s legal framework.
• Caste-based Discrimination:Khap Panchayats have been criticized for reinforcing caste hierarchies, which leads to discrimination and exclusion of marginalized communities. Their focus on preserving traditional caste structures often results in the oppression of the vulnerable, particularly lower-caste groups.

Gender Dynamics and Evolving Roles of Khap Panchayats

In recent years, some Khap Panchayats have started to show more progressive and inclusive stances, particularly in promoting gender justice:

• Support for Women Athletes:Khap Panchayats have begun to recognize and celebrate the achievements of women, particularly in sports. Several Khap bodies have felicitated women sportspersons, contributing to a growing culture of sports among rural women. This marks a shift from their traditionally patriarchal stance.
• Promoting Gender Justice:Notably, the MehamChaubisiKhap in Haryana has played a significant role in advocating for women’s rights and gender equality. It was involved in supporting the 2023 wrestlers' protest against sexual harassment, demonstrating a shift towards gender-related activism and social reform.

Supreme Court Ruling on Khap Panchayats:

In the landmark Shakti Vahini v. Union of India case (2018), the Supreme Court of India addressed the issue of honor killings and inter-caste marriages. The Court emphasized that honor killings violate fundamental rights and called for strict measures to prevent such crimes. The Court further directed state governments to establish special protection cells for couples facing threats from their families and communities. This ruling underscored the importance of personal liberty and freedom of choice, regardless of community or caste.

What is Alternative Dispute Resolution (ADR)?

Definition and Importance:

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without resorting to formal litigation. These methods include mediation, arbitration, and conciliation, all of which encourage cooperative problem-solving and mutually agreeable solutions. ADR is particularly important in India due to the overburdened judicial system, which faces a backlog of cases and delays.

ADR offers several advantages, including:

• Cost-effectiveness
• Confidentiality
• Flexibility
• Improved relationships between parties involved

Types of ADR Mechanisms:

• Arbitration: A formal process where an arbitrator resolves disputes and their decision is legally binding.
• Conciliation: A third-party neutral assists the parties in reaching an agreement, and the recommendations can be accepted or rejected.
• Mediation: A mediator facilitates communication between disputing parties, helping them reach a voluntary and mutually agreeable resolution.
• Negotiation: A direct negotiation between the parties without third-party involvement, aiming for a mutually acceptable settlement.

Integrating Khap Panchayats into the Formal ADR System

Given the potential of Khap Panchayats as community-based governance bodies, integrating them into the formal ADR framework can significantly enhance their role in dispute resolution. Here are some strategies for modernizing Khap Panchayats:

• Legal Recognition of ADR Role:Khap Panchayats can be legally recognized within the ADR framework, formalizing their role in mediation and dispute resolution, ensuring their decisions align with constitutional norms and human rights.
• Training and Capacity Building:Khap leaders can undergo training in ADR techniques such as mediation and arbitration, equipping them with skills to resolve conflicts impartially and in line with legal standards. This would help transition Khaps from informal bodies to more structured and legally compliant dispute resolution mechanisms.
• Legal Regulation and Oversight:Regulations can be put in place to define the scope and limitations of Khap Panchayats' authority, ensuring their decisions do not violate human rights or the constitution. Oversight mechanisms should be established to monitor their actions and prevent practices like honor killings or forced marriages.
• Shift Towards Developmental Roles:Some Khap Panchayats are already advocating for progressive reforms in areas like unemployment, education, and rural development. By focusing on these issues, Khap Panchayats can serve as agents of social change and contribute to community development.
• Awareness and Accountability:Awareness campaigns can educate rural communities about constitutional rights and the legal system, emphasizing the importance of formal legal frameworks and human rights. At the same time, Khap Panchayats should be held accountable for actions that undermine justice or equality.
• Collaboration with Formal Institutions:Khap Panchayats can collaborate with local governance bodies and judicial institutions, ensuring that their decisions align with the rule of law and contribute to social justice. This would enhance their role in inclusive decision-making and legally sound governance.

Conclusion

Khap Panchayats, with their deep-rooted history and influence, have the potential to evolve into modern governance institutions. By integrating them into the formal ADR framework, aligning their practices with constitutional values, and focusing on community development, they can contribute positively to dispute resolution and social reform in rural India. This transformation will require legal regulation, training, oversight, and awareness to ensure that Khap Panchayats function as effective, equitable bodies that respect the fundamental rights of all individuals.

In News:

• In 2023, the central government imposed a Net Borrowing Ceiling (NBC) on Kerala, limiting its borrowing capacity to 3% of the projected Gross State Domestic Product (GSDP) for the fiscal year 2023-24.
• Impact on Kerala’s Finances: This ceiling has significantly impacted Kerala’s ability to meet its expenditure needs and fund developmental activities, triggering political and legal disputes. Kerala has approached the Supreme Court of India, arguing that the imposition of NBC infringes upon its constitutional rights under Article 293 of the Indian Constitution.

Constitutional Provisions on Borrowing Powers

Article 292: Borrowing Powers of the Centre

• Central Government’s Borrowing: Article 292 grants the Central Government the authority to borrow money on the security of the Consolidated Fund of India.
• Limits on Borrowing: The extent of borrowing by the Centre is determined by laws enacted by Parliament.

Article 293: Borrowing Powers of the States

• State Borrowing: Article 293 allows State Governments to borrow within India against the Consolidated Fund of the State. However, it imposes certain conditions:
  • If a State has outstanding loans or guarantees given by the Centre, the Centre’s consent is required to raise further loans.
  • The Central government can impose conditions when granting such consent.

Centre’s Role in State Borrowing

• Article 293(3) allows the Centre to impose conditions on a state’s borrowing if it has existing liabilities or guarantees outstanding.
• The Centre has wide discretion in granting or denying consent, which has been a point of contention in Kerala’s case.

The Imposition of Net Borrowing Ceiling (NBC)

Scope of the NBC

• Comprehensive Coverage: The NBC encompasses all borrowing avenues, including open market loans, loans from financial institutions, and liabilities from State public accounts. To curb circumventing of the borrowing cap via State-owned enterprises, the NBC also covers borrowings by these entities.

Purpose of NBC

• Fiscal Discipline: The NBC is designed to regulate borrowing and prevent states from accumulating unsustainable levels of debt, thus ensuring financial stability.
• Transparency: By including all borrowing avenues, including off-budget borrowings by state-owned enterprises, the NBC aims to provide a clearer picture of a state’s financial health.

Arguments for the NBC

• Macroeconomic Stability: The NBC helps maintain macroeconomic stability by controlling the borrowing levels of states, thus protecting the national economy.
• Compliance with FRBM Act: The NBC aligns with the Fiscal Responsibility and Budget Management (FRBM) Act, aiming to keep the fiscal deficit within prescribed limits.
• Equitable Resource Distribution: The NBC ensures that wealthier states do not disproportionately borrow, thus promoting balanced regional development.

Arguments Against the NBC

• Erosion of Fiscal Autonomy: Critics argue that the NBC undermines the fiscal autonomy of states, as guaranteed by Article 293, by restricting their ability to make independent financial decisions.
• Impact on Developmental Activities: States, particularly Kerala, contend that the borrowing cap restricts their ability to fund key infrastructure projects and social welfare activities.
• Legal Concerns: The NBC’s impact on the interpretation of Article 293 raises legal questions regarding the extent of the Centre’s authority over state borrowing powers.

Fiscal Responsibility and Budget Management (FRBM) Act

Overview of the FRBM Act

• Objective: The FRBM Act, 2003 was enacted to promote fiscal discipline and ensure long-term financial stability in India.
• Key Features:
  • Targets a 3% fiscal deficit of GDP for the Centre.
  • Requires states to enact similar laws to control their fiscal deficit.

Amendments to FRBM Act

• 2018 Amendment: The FRBM Amendment Act required the central government to ensure that the fiscal deficit did not exceed 3% of GDP and total public debt remained under 60% of GDP.
• Fiscal Deficit Reduction: By 2025-26, the fiscal deficit is expected to be reduced to below 4.5% of GDP.

Way Forward: Strengthening Article 293

Guidelines for Borrowing Powers

• Transparency in Decision-Making: The Centre should ensure that the borrowing process is transparent, with clear standards and procedures for accepting or rejecting state borrowings.
• Consultative Process: The Centre should engage in consultations with states before imposing borrowing caps or conditions, fostering a cooperative federal structure.
• Equitable Treatment: Borrowing restrictions should apply uniformly to all states to avoid bias or favoritism.

Strengthening Fiscal Federalism

• Fiscal Autonomy: States should be given the flexibility to manage their finances in a way that reflects their unique economic needs and challenges.
• Periodic Reviews: The Net Borrowing Ceiling should be reviewed periodically to account for changing economic conditions and developmental priorities.

In News:

India, the world's largest democracy, is at a crucial juncture where women’s active political participation is essential for holistic development and true democratic engagement. The year 2024 demands increased involvement of women in politics to address issues of gender inequality and ensure comprehensive policy representation.

Current Status of Women’s Political Representation in India

Women in Parliament

• Initial Representation: In 1952, women accounted for only 4.41% of the Lok Sabha. This gradually rose to around 14.36% in the 2019 elections.
• Recent Trends: In the 2024 elections, women made up approximately 16% of the Lok Sabha, with 74 women MPs, 43 of whom are first-time representatives.

Women in State Legislatures

• Representation in state legislative assemblies remains low, with the highest percentages in Chhattisgarh (14.4%), West Bengal (13.7%), and Jharkhand (12.4%).

Global Comparison

• According to the Inter-Parliamentary Union (IPU), India ranks lower than many countries in terms of female representation in parliament, with global averages standing at 26.1%. India lags behind several African and South Asian nations.

Importance of Women’s Political Empowerment

• Enhancing Governance and Accountability: Political empowerment of women ensures better representation of gender-sensitive issues, promoting accountability in governance.
• Breaking Patriarchal Norms: Increasing women’s participation helps challenge the patriarchal structure that dominates Indian politics and promotes inclusive governance.
• Policy and Social Impact: Women in politics are more likely to advocate for policies that address issues like health, education, and gender equality, leading to improved societal welfare.
• Economic Benefits: Studies suggest that women in political leadership tend to improve economic outcomes for their constituencies by prioritizing social infrastructure.

Barriers to Women’s Political Participation

• Gender Gaps in Political Ambition: Women are less likely to pursue political careers due to gender conditioning, family pressures, and stereotypes about leadership abilities.
• Patriarchal Culture: A deeply ingrained patriarchal society hampers women’s political involvement, with male-dominated party structures and social norms limiting opportunities.
• High Election Costs: The financial burden of running for office often discourages women from contesting elections due to unequal access to resources.
• Male Gatekeepers in Politics: Political parties often show a preference for male candidates, especially for higher-profile positions, hindering the rise of women leaders.
• Criminalisation and Corruption in Politics: Growing criminalisation in politics and lack of political education further alienates women from the political process.

Key Legislative and Constitutional Measures for Women’s Political Empowerment

Legislative Measures

• Nari Shakti VandanAdhiniyam (2023): Provides 33% reservation for women in the Lok Sabha and state assemblies.
• 73rd and 74th Amendments (1992): Introduced 33% reservation for women in Panchayats and Municipalities.
• Gender-Neutral Rules: Lok Sabha adopted gender-neutral rules in 2014, promoting inclusivity in legislative procedures.

Constitutional Provisions

• Article 14 and 15: Ensure equality and non-discrimination, fundamental to women’s political participation.
• Article 243D: Mandates 33% reservation for women in Panchayats.

International Commitments

• CEDAW (1979): Advocates for women’s participation in political and public life.
• Beijing Platform (1995) and SDGs (2015): Call for removing barriers to women’s participation in politics.

Measures for Promoting Women’s Political Participation

• Quotas and Reservations: Ensuring mandatory quotas for women candidates in party tickets and legislative bodies can help bridge gender gaps.
• Capacity Building and Training: Offering political training programs for women can empower them with the skills and resources necessary for effective political participation.
• Strengthening Grassroots Movements: Support for Self-Help Groups (SHGs) and Panchayati Raj Institutions (PRIs) can build leadership among women at the local level.
• Supportive Political Ecosystem: Political parties should be encouraged to nominate women for higher office positions, such as the Rajya Sabha or state legislative councils.
• Raising Public Awareness: Public awareness campaigns focusing on the importance of women in politics can shift societal attitudes and garner wider public support.

Conclusion:

As India moves forward, the active participation of women in politics is not merely a matter of equity but an essential building block for a vibrant, inclusive, and effective democracy. Through structural reforms, public awareness, and the promotion of female leadership, India can strengthen its democratic framework, ensuring that all citizens, regardless of gender, have an equal stake in shaping the nation's future.

In News:

The Inter-State Council, which works for Centre-State and interstate coordination and cooperation, has been reconstituted with Prime Minister Narendra Modi as its chairman, all chief ministers and nine Union ministers as members and 13 Union ministers as permanent invitees.

About the Inter-State Council (ISC)

Formation of ISC

• Establishment: Created on May 28, 1990, through a Presidential Order following the recommendations of the Sarkaria Commission (1988).
• Headquarters: New Delhi.
• Meetings: The Council has convened 12 times since its formation.

Constitutional Provisions

• Not a Constitutional Body: It was established under Article 263 of the Constitution, making it a non-permanent advisory body.
• Role: Article 263 empowers the President to create the ISC for improving coordination between States and the Union.

Powers and Functions

• Investigate and Discuss: The ISC discusses subjects of common interest between the Centre and States.
• Recommendations: It recommends measures for better coordination and addressing inter-state issues.
• Deliberations: The ISC also deliberates on matters referred by the Chairman.

Composition of the ISC

• Chairperson: Prime Minister of India.
• Members:
  • Chief Ministers of all States and Union Territories with legislative assemblies.
  • Lieutenant Governors/Administrators of Union Territories without assemblies.
  • 6 Union Cabinet Ministers nominated by the Prime Minister.
  • Governors of States under President’s rule.
• Standing Committee:
  • Chaired by the Union Home Minister.
  • Includes 5 Union Cabinet Ministers and 9 Chief Ministers.

Functions and Role of the ISC

Role in Centre-State Cooperation

• Facilitates better coordination and cooperation between the Centre and States.
• Addressing disputes related to Centre-State and Inter-State relations.

Additional Functions

• Make Recommendations: Based on discussions, it recommends actions to align policies.
• Promote Social Legitimacy: Through consensus-driven decisions, ISC strengthens policy acceptance among states.

Key Bodies Related to Centre-State Relations

Zonal Councils

• Purpose: Promote interstate cooperation and coordination.
• Constitution: There are five Zonal Councils (Northern, Central, Eastern, Western, Southern) and a separate North Eastern Council established in 1972.

River Water Dispute Tribunals

• Function: Set up under the Inter-State River Water Disputes Act, 1956, these tribunals resolve disputes over river water sharing between States.

GST Council

• Constitution: Established under Article 279A, the GST Council is responsible for decisions related to GST implementation, ensuring cooperative federalism.

In News:

On November 11, 2024, Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of India (CJI) at the Rashtrapati Bhavan, New Delhi, marking a significant milestone in the Indian judiciary. He succeeds Justice D.Y. Chandrachud, who retired on November 10, 2024. Justice Khanna's term as CJI will last until May 13, 2025.

Background of Justice Sanjiv Khanna

Early Life and Legal Career

• Legal Practice: Justice Khanna began his legal career in 1983 after completing his law degree from Delhi University. He practiced in the District Courts of Delhi and handled cases in constitutional law, taxation, arbitration, and environmental law.
• Career in Delhi High Court: He was appointed as an Additional Judge to the Delhi High Court in 2005 and became a Permanent Judge in 2006.
• Appointment to the Supreme Court: Justice Khanna was appointed as a Supreme Court Judge in January 2019, without having served as a Chief Justice of a State High Court, and superseding 32 senior High Court judges.

Key Judicial Rulings of Justice Sanjiv Khanna

Major Constitutional Bench Decisions

• Abrogation of Article 370: Justice Khanna was part of the Bench that upheld the abrogation of Article 370 of the Constitution, which revoked Jammu and Kashmir’s special status.
• Electoral Bonds Scheme: He also contributed to the ruling that struck down the 2018 Electoral Bonds scheme, raising questions about the transparency of political funding.

Support for EVMs

• Justice Khanna defended the use of Electronic Voting Machines (EVMs) and rejected calls to revert to paper ballots, emphasizing the need for technological progress and institutional trust.

Personal Liberty and Bail Decisions

• Arvind Kejriwal’s Interim Bail: Justice Khanna granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case, underscoring personal liberty as a fundamental right.
• Judicial Review of Bail Conditions: He also initiated discussions on setting standards for bail conditions in cases involving significant political figures.

Role of the Chief Justice of India (CJI)

Appointment Process

• Article 124(2): A Supreme Court judge is appointed by the President of India, with the senior-most judge of the Supreme Court traditionally becoming the CJI.
• Qualifications: The CJI must be a citizen of India and have served as a judge in a High Court for at least five years or as an advocate in a High Court for ten years.

Powers and Responsibilities

• Master of the Roster: The CJI is the "Master of the Roster," responsible for assigning cases to specific benches and determining the court's schedule.
• Collegium System: The CJI, along with four senior judges, forms the Collegium that recommends judicial appointments for the Supreme Court and High Courts.
• Ad-Hoc Appointments: The CJI can also appoint ad-hoc judges to the Supreme Court under Article 127 of the Constitution.

Removal

• A CJI can only be removed through a process initiated in Parliament, requiring a special majority in both Houses of Parliament.

Appointment of CJI in Other Countries

United States

• The Chief Justice of the United States serves for life, with tenure continuing until impeachment or voluntary retirement.

United Kingdom

• The Lord Chief Justice in the UK is appointed by a special panel from the Appeal Court or the Supreme Court. The tenure is life, but mandatory retirement is set at 75 years of age.

Conclusion

Justice Sanjiv Khanna’s appointment as the 51st Chief Justice of India represents a significant moment in the country's judicial history. With his extensive experience and legal acumen, he faces numerous challenges, from dealing with case pendency to navigating sensitive constitutional issues. His tenure will likely shape the future trajectory of the Indian judiciary, with a focus on upholding justice and personal liberty while addressing the evolving needs of a democratic society.

In News:

The Supreme Court recently upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 (also called the Madarsa Act), while striking down certain provisions related to the granting of higher education degrees. The Court overturned the Allahabad High Court's previous decision, which had deemed the Act unconstitutional on the grounds that it violated the principle of secularism.

What is the Madarsa Act?

The Madarsa Act provides a legal framework for regulating madrasas (Islamic educational institutions) in Uttar Pradesh. The Act:

• Establishes the Uttar Pradesh Board of Madarsa Education, which oversees the curriculum and examinations for madrasas.
• Ensures that madrasas follow the National Council of Educational Research and Training (NCERT) curriculum for mainstream secular education alongside religious instruction.
• Empowers the state government to create rules for regulating madrasa education.

Allahabad High Court's Ruling

In March 2024, the Allahabad High Court declared the Madarsa Act unconstitutional, citing:

• Violation of secularism: The Court argued that the Act's emphasis on compulsory Islamic education, with modern subjects being optional, discriminated on religious grounds, violating the secular nature of the Constitution.
• Right to Education: The Court also claimed that the Act denied quality education under Article 21A, which guarantees free and compulsory education to children.
• Higher Education Degrees: The Act's provisions allowing the granting of Fazil and Kamil degrees were found to conflict with the University Grants Commission Act, 1956, which regulates higher education.

Supreme Court's Ruling

The Supreme Court overturned the Allahabad High Court's decision on several grounds:

• Basic Structure Doctrine: The Court clarified that the basic structure doctrine, which applies to constitutional amendments, does not apply to ordinary legislation like the Madarsa Act. Therefore, a law cannot be struck down simply for violating secularism unless explicitly prohibited by the Constitution.
• State's Authority to Regulate Education: The Court held that the state has the right to regulate education in minority institutions, as long as the regulation is reasonable and rational. It emphasized that the Madarsa Act does not deprive these institutions of their minority character.
• Right to Education for Minority Institutions: Referring to a 2014 decision, the Court ruled that the Right to Education Act (RTE) does not apply to minority institutions, as it would undermine their right to impart religious education and self-administer.

Striking Down Higher Education Provisions

While upholding most of the Act, the Supreme Court struck down the provisions related to higher education degrees (Fazil and Kamil). It ruled that:

• Section 9 of the Act, which allowed the Board to grant these degrees, is in conflict with the University Grants Commission Act, which only permits degrees to be awarded by universities recognized by the UGC.

Implications of the Ruling

• Regulation of Madrasa Education: The ruling affirms the state's authority to ensure quality education in madrasas, balancing religious instruction with secular subjects.
• Protection of Minority Rights: By upholding the Madarsa Act, the Court protected the rights of religious minorities to run educational institutions while ensuring they meet educational standards.
• Focus on Inclusivity: The judgment emphasizes the integration of madrasas within the broader educational framework, ensuring that madrasa students receive quality education.

In conclusion, the Supreme Court's decision supports the regulation of madrasa education while safeguarding the rights of minority institutions, except in areas related to the granting of higher education degrees, which remain under the jurisdiction of the UGC Act.

In News:

A crucial 9-judge bench of the Supreme Court ruled on the scope of government powers over private property, with a focus on Articles 39(b) and 31C of the Constitution.

Key Issues Considered by the Court

• Article 31C: Whether it still protects laws giving effect to Articles 39(b) and 39(c), even after amendments and past rulings.
• Interpretation of Article 39(b): The meaning of “material resources of the community” and the limits on government acquisition.

Legal and Constitutional Background

• Article 31C and 39(b) Overview:
  • Article 31C was introduced by the 25th Amendment (1971) to protect laws related to the distribution of resources for the common good.
  • Article 39(b) (Directive Principle of State Policy) mandates that resources should be distributed to best serve the common good.
• Historical Context:
  • Kesavananda Bharati Case (1973): The Supreme Court affirmed the Constitution’s "basic structure," impacting the interpretation of amendments to Article 31C.
  • Minerva Mills Case (1980): The Court struck down further amendments to Article 31C.

The Supreme Court’s Ruling in 2024

• Restoration of the Post-Kesavananda Position: The Supreme Court clarified that the interpretation of Article 31C is restricted, and the protection under this article applies only to laws implementing Articles 39(b) and 39(c), not all directive principles.
• On Redistributing Private Property:
  • The majority opinion held that not all privately owned properties can be considered “material resources of the community” for redistribution under Article 39(b).
  • The Court dismissed the broad interpretation of "material resources" used in previous rulings (e.g., Justice Krishna Iyer’s dissent in the Ranganatha Reddy case, 1977).

Dissenting and Concurring Opinions

• Justice Nagarathna’s Concurring Opinion:
  • Acknowledged that certain privately owned resources could be considered material resources (e.g., forests, wetlands), but emphasized a balanced approach.
  • Distinguished between personal belongings and resources that could be considered part of the public domain.
• Justice Dhulia’s Dissent:
  • Argued for a broader interpretation, in line with past rulings, that private resources could be considered material resources if they served the public good.

Interpretation of Article 39(b)

• Scope of the Article:
  • Article 39(b) directs the State to ensure that the ownership of material resources is distributed to serve the common good.
  • It imposes a positive obligation on the State to create policies for resource distribution, but does not authorize arbitrary expropriation of private property.
• Private Property as Material Resources:
  • The Court clarified that private property cannot be deemed a material resource of the community unless specific conditions are met (e.g., scarcity, public welfare implications).
  • The judgment emphasized a case-by-case analysis rather than a blanket approach.

Criteria for Assessing Material Resources

The Court provided criteria to evaluate whether a private property could be considered a “material resource of the community”:

• Nature of the Resource: What is the resource’s fundamental characteristic?
• Impact on Public Welfare: Does the resource impact the common good or public interest?
• Ownership Type: Is the resource privately owned or under state control?
• Scarcity: Is the resource scarce or in finite supply?
• Concentration of Ownership: Are the resources concentrated in the hands of a few private entities?

Implications of the Ruling

• Protection of Private Property Rights: The ruling strengthens protections against arbitrary State acquisition of private property, reinforcing the constitutional safeguards for property rights.
• Economic Implications: The Court noted that India’s economic trajectory has shifted from socialism to a market-based economy, and that resource redistribution policies should reflect this change.
• Policy Shifts: The ruling marks a shift away from a socialist economic ideology towards one that emphasizes private property rights, while still considering public welfare in resource distribution.

Conclusion

• Balancing Individual Rights with Public Welfare: The ruling underscores the importance of balancing private property rights with the need for equitable resource distribution to serve the common good.
• Implications for Constitutional Interpretation: This judgment marks a pivotal moment in the interpretation of property rights in India, affirming the evolving nature of the Constitution in response to dynamic economic and social policies.

Context

India's reservation system has long been a tool for uplifting historically marginalized communities, especially Scheduled Castes (SCs) and Scheduled Tribes (STs). However, recent debates have questioned whether the system serves its intended purpose, particularly in light of disparities within the SC groups. The need for a ‘quota-within-quota’ system has been raised to ensure more equitable outcomes across different SC subgroups.

The Reservation System: Origins and Objectives

Purpose of Reservations

• Historical Background: Established to correct centuries of social and economic exclusion faced by SCs and STs.
• Mechanism for Equality: Aimed to create opportunities in education, government employment, and public offices for historically marginalized groups.
• Dr. B.R. Ambedkar’s Vision: Reservations were designed to transition from formal legal equality to substantive equality.

Challenges of the Current System

• Despite progress, certain SC subgroups seem to have benefited more than others.
• A Supreme Court ruling has led to calls for a 'quota-within-quota' to address intra-SC disparities.

Exploring Intra-SC Disparities: The Data Analysis

States Examined

• Key States: Andhra Pradesh, Bihar, Punjab, Tamil Nadu, Uttar Pradesh, and West Bengal.
• Objective: To investigate whether some SC subgroups have disproportionately benefited from the reservation system.

Findings Across States

• Andhra Pradesh: Minor differences between SC groups (Malas vs. Madigas), with both groups showing similar socio-economic progress.
• Tamil Nadu: No significant disparity between Adi Dravida and Pallan groups, both benefiting equally from reservations.
• Punjab: Subdivision of quotas since 1975 has led to better outcomes for disadvantaged groups like Mazhabi Sikhs and Balmikis.
• Bihar: The Mahadalit category, introduced in 2007, failed due to political intervention, undermining the policy’s goals.

Key Insights

• In some states (e.g., Punjab), a subdivision of quotas has been effective in addressing intra-SC disparities.
• In other states, like Andhra Pradesh and Tamil Nadu, the benefits of reservations are already distributed fairly evenly among SC subgroups.
• The gap between SCs and upper-caste groups remains much larger than the gap within SCs.

The Issue of Access to Reservations

Caste Certificates as a Proxy for Access

• Data from IHDS: Less than 50% of SC households in Uttar Pradesh and Bihar report having caste certificates, limiting access to reserved positions.
• Better Access in Some States: Over 60-70% of SC households in Tamil Nadu and Andhra Pradesh have caste certificates.

Core Issue: Ensuring Access

• Access Challenges: Without proper access to caste certificates, many SCs are excluded from the benefits of the reservation system.
• Priority Area: Ensuring that all eligible SCs have access to reservations is a critical concern before considering subdivision.

The 'Quota-within-Quota' Proposal

Concept and Potential Benefits

• Targeted Assistance: A ‘quota-within-quota’ would provide more focused help to the most disadvantaged SC subgroups, as seen in Punjab.
• Political Considerations: However, the political motivations behind quota subdivision, as seen in Bihar, can undermine the policy’s effectiveness.

Criticism and Limitations

• Uneven Need for Subdivision: In many states, the need for further subdivision is minimal, as the benefits of reservations are already fairly distributed.
• Political Exploitation: The policy risks becoming a political tool rather than a genuine means of achieving social justice, as political influence often determines who is categorized as the most disadvantaged.

Addressing Inequality Beyond Reservations

Income-Based Criteria and Monetary Benefits

• Current Approach: Monetary benefits (e.g., scholarships, lower fees) are a part of the affirmative action system.
• Income Criterion: Should be used to determine eligibility for monetary benefits to focus assistance on those most in need.

The "Creamy Layer" Debate

• Supreme Court’s Suggestion: The introduction of a "creamy layer" exclusion for SCs, akin to the Other Backward Classes (OBCs) model, remains contentious and requires stronger evidence.

Challenges of Economic Mobility

• Stigma and Discrimination: Economic progress does not necessarily eliminate social stigma or discrimination, especially for historically marginalized groups.
• Long-Term Goal: While reservations have contributed to creating a Dalit middle class, addressing stigma will require a gradual process.

The Need for Updated Data and Evidence-Based Policy

Data Deficiency

• Lack of Comprehensive Data: The absence of updated, reliable data on caste-based disparities limits the effectiveness of any policy reform.
• National Census Delay: India’s national Census, the only source of comprehensive data on caste, has been delayed, exacerbating the problem.

Evidence-Driven Reform

• Importance of Data: Robust and up-to-date data is essential to assess the true impact of reservations and to make informed policy decisions.

Conclusion: Reforming the Reservation System

• Reservations’ Success: The reservation system has played a significant role in improving the socio-economic status of SCs and STs.
• Intra-SC Disparities: While some subgroups benefit more than others, the broader gap between SCs and upper-caste groups remains far more pronounced.
• Focus on Access: The primary focus should be on improving access to reservations, ensuring that all eligible SCs benefit fully from affirmative action.

In News:

The issue of judicial delays and adjournments has become a significant concern in India’s judicial system. President Droupadi Murmu, while addressing the National Conference of District Judiciary in September 2024, emphasized the need to eliminate the culture of adjournments. These delays particularly affect the poor and rural populations, who often suffer in silence, avoiding court due to the fear of protracted justice.

Background of the Indian Judicial System

India’s judicial system has evolved under various legal frameworks, including the Code of Civil Procedure (CPC) and the Criminal Procedure Code (CrPC). Initially, civil courts dealt with a wide range of cases, while criminal courts focused on criminal offenses. The establishment of the Supreme Court and High Courts further strengthened India’s judicial architecture to handle constitutional and appellate cases.

To address the growing caseload, the Indian government introduced the tribunal system through the 42nd Constitutional Amendment Act, 1976, aiming to manage specialized disputes. However, despite these reforms, case pendency continues to rise.

Key Issues Contributing to Judicial Delay and Pendency

• Judge-to-Population Ratio - India currently has 21 judges per million people, far below the recommended 50 judges per million as per the 120th Law Commission Report. The shortage of judges directly contributes to the growing backlog of cases.
• Vacant Judicial Positions - As of late 2024, 30% of High Court positions remain vacant, exacerbating the case pendency crisis. The delay in filling these vacancies has resulted in overburdened judges, further delaying case resolution.
• Legislative Overload - The enactment of laws without conducting prior judicial impact assessments leads to an increase in the number of cases, often without considering the capacity of the judiciary to handle them. This lack of foresight results in excessive pressure on courts.
• Overworked Judiciary - Judges often face a heavy workload, with some handling multiple responsibilities across different courts. This overburdening leads to mental fatigue, increased errors, and prolonged decision-making.
• Witness Delays - The absence of witnesses and delays in their appearance in court can significantly prolong the judicial process, contributing to case pendency.

Government Initiatives and Challenges

• • National Judicial Infrastructure Plan (NJIP): The NJIP aims to modernize judicial infrastructure, improving court functioning and case processing. However, its full implementation across the country remains a work in progress.
  • E-Courts Project: The E-Courts project aims to digitize the judicial process, including e-filing and virtual hearings. This initiative has shown promise in reducing procedural delays but still requires wider application.
  • Tribunal System: While tribunals were introduced to reduce the burden on regular courts, their success has been limited, and the abolition of six tribunals in 2021 has added additional pressure on High Courts.
  • Case Timeline Legislation: Laws prescribing time-bound adjudication for sensitive cases have been enacted, but due to inefficiencies in the system, deadlines are rarely met.

Recommendations for Reform

• • Enhance Judicial Strength

• • Increase the Judge-to-Population Ratio: The government should prioritize the appointment of judges to meet the 50 judges per milliontargets.
  • Fill Vacant Positions: High Courts should fill vacant positions six months in advance to ensure a steady supply of judges.

• • Judicial Impact Assessment
• Implement Judicial Impact Assessments: The Justice M. Jagannadha Rao Committee’s recommendation for judicial impact assessments should be made mandatory. Every new Bill should assess the likely increase in judicial workload, the required number of judges, and the necessary infrastructure.
  • Promote Alternative Dispute Resolution (ADR)

• • Encourage ADR Mechanisms: Mediation and arbitration should be promoted as cost-effective alternatives to court proceedings. Public awareness campaigns and legal reforms can encourage the use of ADR.

• • Strengthen Infrastructure and Technology

• Modernize Court Infrastructure: The judiciary should invest in technology such as e-filing and virtual hearings to reduce administrative burdens and expedite case resolutions.
• Streamline Administrative Processes: Technology can also help automate administrative tasks, thereby reducing the workload on judges and speeding up case processing.

• Limit Adjournments

• Stricter Norms for Adjournments: Judicial bodies should enforce stricter norms for granting adjournments, ensuring that they are not used excessively.
• Oversight Mechanism: An independent body can monitor the frequency of adjournments and take corrective action if needed.

Conclusion

Addressing the issue of judicial adjournments and case pendency requires a comprehensive approach involving structural reforms, better resource allocation, and the adoption of technology. Strengthening the judiciary’s infrastructure, increasing judicial appointments, and promoting alternative dispute resolution are vital steps toward ensuring quicker, fairer justice. The collaborative efforts of the judiciary, government, and society at large are essential to ensuring that India’s judicial system can meet the demands of justice in a timely and efficient manner.

Overview

Election expenditure has become a pressing issue in modern democracies, with growing concerns about its implications for political integrity and fair competition. In India, the skyrocketing costs of elections—both in terms of candidate spending and political party expenditure—pose significant challenges to electoral transparency, governance, and equity.

Current State of Election Expenditure in India

The total expenditure on elections in India has risen dramatically in recent years. For the 2024 Lok Sabha elections, the total expenditure by various political parties is estimated to reach around ?1,00,000 crores. This is a significant jump from the ?9,000 crores spent in the 1998 general elections. The expenditure per vote has also risen substantially, from ?25,000 in 1951 to ?1,400 in 2024.

The election expenditure limits for individual candidates are capped by the Election Commission of India (ECI):

• ?95 lakh for larger states (Lok Sabha constituencies)
• ?75 lakh for smaller states
• ?40 lakh for legislative assembly elections in larger states
• ?28 lakh for smaller states

However, these caps apply only to individual candidates. Political parties are not subject to any expenditure limits, allowing them to spend unlimited amounts during campaigns. This discrepancy leads to considerable financial disparities between well-funded national parties and regional or smaller parties, undermining the principle of equitable competition.

Global Comparisons: Election Financing and Spending Limits

Election financing varies widely across democracies, with countries like the United States and the United Kingdom adopting specific limits and regulations to curb excessive spending.

• United States: U.S. elections are financed largely through contributions from individuals, corporations, and Political Action Committees (PACs). Notably, Super PACs—which can raise and spend unlimited funds—have exacerbated concerns over money's influence on political outcomes. The 2024 U.S. presidential election is expected to cost around $16 billion (approximately ?1,36,000 crores).
• United Kingdom: Political parties are subject to strict expenditure limits. Each political party is allowed to spend £54,010 for each constituency, with an overall cap of £35 million for contests across all constituencies. This is aimed at ensuring that elections are not swayed by wealth alone and that smaller parties have a fighting chance.

Despite these measures, the United States still faces issues with unlimited corporate donations and the growing influence of wealthy donors, highlighting the complexities in curbing money in politics.

Challenges Posed by Rising Election Expenditure

The rising costs of elections present multiple challenges in India, exacerbating corruption, unfair competition, and political inequality.

a) Political Corruption and Influence

Large election expenditures are often funded by corporate donations and other private entities, creating a nexus between politicians and donors. This can lead to a quid-pro-quo relationship, where politicians may prioritize the interests of their donors over public welfare. This undermines public trust in the political system.

b) Unaccounted Money and Illegal Practices

A significant portion of the election expenditure is unaccounted for. The Centre for Media Studies (CMS) reports that in the 2019 general elections, around 25% of the total expenditure was spent on illegally distributing cash to voters. This practice, coupled with the absence of strict regulations on third-party campaigners, enables the use of black money in elections, further skewing the electoral process.

c) Uneven Playing Field

The absence of limits on party spending creates a situation where well-funded national parties have an inherent advantage over smaller regional parties and independent candidates. This financial inequality reduces the ability of under-funded candidates to compete based on ideas and merit rather than financial muscle. Furthermore, the growing influence of digital advertising and media campaigns has further widened this gap, with larger parties investing heavily in digital platforms like Google and Facebook, marginalizing those without the resources to do so.

Proposed Reforms to Address Election Expenditure Issues

To address these challenges, several reforms have been suggested by experts, committees, and the Election Commission. These reforms aim to curb excessive spending, ensure fairness, and increase accountability in the electoral process.

a) Capping Expenditure by Political Parties

There is a pressing need to introduce expenditure ceilings for political parties, in addition to those imposed on individual candidates. According to the 2016 Electoral Reforms Report by the Election Commission, political party spending should be capped at a level not exceeding the total expenditure limit for all candidates fielded by the party. This would level the playing field, ensuring that the influence of money is curtailed during elections.

b) State Funding of Elections

Recommendations for state funding of elections have been made by the Indrajit Gupta Committee (1998) and the Law Commission Report (1999). The state could partially finance the campaigns of recognized political parties, ensuring that candidates are not solely reliant on private donations. However, this reform faces challenges in terms of feasibility and implementation, especially regarding the mechanism for allocation of funds.

c) Regulation of Third-Party Campaigners

India should follow the example of countries like Australia, where third-party campaigners are formally registered and required to disclose their funding sources. This would help in tracking illegal contributions and ensure that election spending is transparent.

d) Ban on Government Advertisements During Election Periods

The use of government advertisements by the ruling party during the run-up to elections often leads to an uneven playing field. A ban on government-funded ads during the six months before elections would ensure that the ruling party does not gain an unfair advantage through public resources.

e) Strengthening Electoral Oversight

An independent electoral oversight body could be established to oversee campaign financing and ensure that all parties comply with spending limits. This would include measures to audit party finances, track donations, and verify spending claims, making it more difficult for parties to evade rules or use black money.

Conclusion: The Need for Comprehensive Electoral Reforms

The rising costs of elections in India present significant challenges to the democratic process. While expenditure limits for candidates exist, the lack of restrictions on party spending creates financial inequalities that undermine fair competition. The increasing role of corporate donations, illegal cash distribution, and unregulated third-party spending further complicates the situation.

To ensure fair elections, it is crucial that India adopts reforms such as capping political party expenditures, state funding of elections, and stronger oversight mechanisms. These steps, coupled with bipartisan political will, could help create a more equitable, transparent, and accountable electoral system, fostering greater public trust in the democratic process.

By addressing these challenges head-on, India can work toward an election system that encourages political participation based on ideas and policies rather than financial clout, ultimately strengthening the foundations of democracy.

In News:

The Anti-Defection Law, introduced in 1985 through the 52nd Constitutional Amendment, aims to curb political instability caused by legislators switching parties for personal or financial reasons. While the law has helped maintain political stability, it faces several challenges, including delays in decision-making, potential bias in adjudication, and lack of transparency in party directives. These issues undermine its effectiveness in safeguarding democratic integrity.

Historical Context and Genesis

The issue of political defections, exemplified by the term "Aaya Ram, Gaya Ram," traces its origins to the 1960s when frequent party-switching destabilized governments. To address this, the Anti-Defection Law was enacted in 1985, disqualifying members who voluntarily gave up their party membership or defied party whips on critical votes. Initially effective in reducing defections, the law has faced challenges due to emerging loopholes, particularly regarding party "splits" and "mergers."

Gaps and Loopholes in the Current Law

One major loophole was the provision allowing a party split if one-third of its members defected, exploited until the 91st Amendment in 2003, which increased the threshold for mergers to two-thirds. Despite this change, defections continue, particularly through "mergers." Another issue is the role of the Speaker in deciding disqualification petitions. Given that the Speaker is often affiliated with the ruling party, their decisions are sometimes seen as biased, leading to delays in resolving defection cases. Additionally, the lack of transparency in issuing party whips has caused disputes regarding their legitimacy.

Proposed Reforms

To address these challenges, two key amendments are proposed:

1. Fixed Time Frame for Decision-Making: A clear time frame—such as four weeks—should be established for the Speaker or an adjudicatory body to resolve defection cases. If no decision is made within this period, defecting members should automatically be disqualified.
2. Transparency in Whips: Political parties should be required to make the issuance of whips public, either through newspaper publications or electronic communication, to ensure that members are fully informed of party positions on critical votes.

Ethical Concerns and Impact on Democracy

While the Anti-Defection Law was introduced to promote political stability, it has inadvertently stifled internal dissent within parties. Legislators are often forced to follow party lines, even when their personal convictions or constituents' interests conflict. This limits their freedom of expression and undermines the representative nature of democracy. Furthermore, the law has not fully curbed unethical practices such as "poaching" of members or defectors seeking personal gain, which continue to destabilize governments and erode public trust in the system.

The Way Forward: Political Will and Comprehensive Reforms

To strengthen the Anti-Defection Law, reforms must balance party discipline with individual freedoms. Key steps include:

• Independent Adjudication: Establishing an independent tribunal to handle defection cases can reduce political bias and expedite the decision-making process.
• Clear Timeframes: Setting a fixed timeline for resolving defection cases will prevent delays and ensure accountability.
• Transparency in Whip Issuance: Ensuring public notice of party whips will reduce ambiguity and disputes.
• Promoting Ethical Conduct: Strengthening ethical guidelines to discourage "poaching" and protect the integrity of the electoral process.

In News:

• The Ministry of Health and Family Welfare's draft guidelines (October 2024) aim to implement the Supreme Court's 2018 and 2023 orders on the right to die with dignity.

Legal Context: Supreme Court Rulings and Constitutional Rights

• Right to Refuse Treatment:
  • Common Law & Article 21: The right to refuse medical treatment is grounded in common law and is now recognized as a fundamental right under Article 21 of the Indian Constitution, following the 2018 Supreme Court judgment in Common Cause v. Union of India.
  • Supreme Court Rulings: The court's rulings in 2018 and 2023 affirmed that individuals have the constitutional right to refuse life-sustaining treatment and to die with dignity.

Withholding and Withdrawing Life-Sustaining Treatment

• Definition and Meaning:
  • What Is Life-Sustaining Treatment? Life-sustaining treatments, such as ventilators and feeding tubes, artificially replace vital bodily functions to sustain life.
  • Withholding/Withdrawal: This refers to discontinuing these treatments when they no longer improve the patient's condition or merely prolong suffering.
• When Is It Done?
  • End-of-Life Care: Withholding or withdrawing treatment is considered when further medical intervention is futile and would only artificially prolong the dying process.
  • Focus on Comfort: After withdrawing life-sustaining measures, the focus shifts to palliative care to alleviate pain and suffering.

Understanding Euthanasia and Misconceptions

• What Is Euthanasia?
  • Definition: Euthanasia refers to the intentional ending of a terminally ill patient’s life by medical professionals to relieve suffering.
  • Passive Euthanasia Misconception: In India, the term "passive euthanasia" is often mistakenly used to describe withholding or withdrawing life-sustaining treatment, but this does not involve the active killing of the patient.
• Legal Framework: The Indian Council of Medical Research (ICMR) clarified in 2018 that "passive euthanasia" is not a legally accepted practice in the country.

The Role of Doctors: Ethical Dilemmas and Shared Decision-Making

• Is Withdrawing Treatment "Giving Up" on the Patient?
  • Not Abandonment: Withdrawing life-sustaining treatment is not about abandoning the patient but recognizing when further interventions would cause unnecessary suffering.
  • Palliative Care: The patient’s comfort and dignity are prioritized through palliative care, which focuses on pain management and emotional support for both the patient and family.
• Doctors' Ethical Responsibility:
  • Shared Decision-Making: The process encourages a collaborative approach between doctors and the patient’s family or surrogate decision-makers. This joint decision-making ensures that the wishes of the patient are respected and relieves the doctor from bearing sole responsibility for life-and-death decisions.

Living Wills and Advance Medical Directives

• What Is a Living Will?
  • Definition: A living will is a legal document where a person outlines their medical preferences in the event they lose decision-making capacity.
  • Eligibility and Process: Individuals aged 18 or older, who are capable of making decisions, can draft a living will, naming at least two trusted surrogate decision-makers.
  • Legal Requirements: The document must be signed in the presence of an executor, two witnesses, and notarized to be legally binding.
• 2023 Supreme Court Guidelines: The Court simplified the procedure for making living wills to ensure that the right to die with dignity is upheld.

Medical Procedure for Withholding or Withdrawing Treatment

• Supreme Court Guidelines
  • The Supreme Court laid out a clear procedure for withholding or withdrawing life-sustaining treatment, emphasizing patient autonomy, expert assessments, and family consent.
• Primary and Secondary Medical Boards:
  • Primary Medical Board: The treating hospital sets up a Primary Medical Board, consisting of the treating doctor and two subject-matter experts, to assess the patient's condition and determine if life-sustaining treatment is appropriate.
  • Secondary Medical Board: A Secondary Medical Board, comprising independent experts, reviews the Primary Board's decision for added oversight.
• Consent from Family/Surrogate Decision-Makers:
  • The patient’s wishes, as outlined in an advance directive or by a surrogate, must be respected, and their consent is essential for proceeding with treatment withdrawal.
• Judicial Oversight:
  • Once the decision to withdraw treatment is made, the hospital is required to notify the local judicial magistrate, ensuring transparency and accountability.

Conclusion: Legal and Ethical Clarity in End-of-Life Care

• Shared Decision-Making: The process ensures that medical teams, families, and surrogate decision-makers collaborate, preventing any medical professional from facing moral or legal dilemmas alone.
• Protection of Autonomy: These frameworks and guidelines uphold patient autonomy, offering a legal and ethical pathway for terminally ill patients to exercise their right to die with dignity.

Background

A recent incident involving Justice V Srishananda of the Karnataka High Court has raised serious concerns regarding judicial comments and conduct. During a hearing, Justice Srishananda referred to a locality in Bengaluru as being “in Pakistan” and made an objectionable remark against a female lawyer. Although he subsequently apologized, the Supreme Court, led by Chief Justice D Y Chandrachud, expressed serious concern, highlighting the rarity of such judicial reproach.

Constitutional Framework for Judicial Discipline

Impeachment: The Sole Recourse

Judges of constitutional courts, including the Supreme Court and High Courts, enjoy substantial protections to maintain independence from executive interference. However, this raises the question of accountability: who oversees the judiciary?

• Article 124(4): This article outlines that judges can only be removed through impeachment, which requires a political process involving both Houses of Parliament. The grounds for impeachment are limited to "proved misbehaviour" or "incapacity."
• High Standards for Impeachment: The necessity for a two-thirds majority in both Houses makes successful impeachment exceedingly rare. Historically, only five impeachment proceedings have been initiated, with only one resulting in successful impeachment (Justice Soumitra Sen).

Challenges in Addressing Judicial Misconduct

Certain actions, such as indiscipline or bias, may not meet the impeachment standard but still warrant attention. The Supreme Court faces a dilemma: how to address these issues without the option of impeachment.

Mechanisms for Judicial Accountability

Judicial Intervention

The Supreme Court can intervene through judicial action, as evidenced by past cases:

• Contempt of Court: In 2017, the Supreme Court sentenced Calcutta High Court’s Justice C S Karnan to six months’ imprisonment for contempt. This case raised concerns about one constitutional court punishing judges of another, as it set a precarious precedent.

Transfer Policy

The Supreme Court also influences High Court judges through its Collegium system:

• Collegium Recommendations: The Collegium recommends the transfer of judges, which can serve as a disciplinary tool. The case of Justice P D Dinakaran illustrates this practice. Facing allegations of corruption, he was transferred from Karnataka to Sikkim, a move criticized as merely “transferring corruption.”

Conclusion

The incident involving Justice Srishananda underscores the complexities of judicial accountability in India. While the Constitution provides for impeachment as the only formal recourse against errant judges, the high threshold for such proceedings necessitates alternative mechanisms for maintaining judicial integrity. The Supreme Court's ability to intervene and the use of transfer policies are critical components in addressing judicial misconduct, but they also raise questions about the balance between accountability and judicial independence.

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?

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.