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?

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?

Good Governance Day 2023 is being celebrated today on the birth anniversary of former Prime Minister Atal Bihari Vajpayee, which falls on December 25th.

About Good Governance Day:

• December 25 marks the birth anniversary of the late Prime Minister and Bharatiya Janata Party leader, Atal Bihari Vajpayee.
• Origin: In 2014, the Prime Minister of India Narendra Modi declared December 25 as "Good Governance Day" to be celebrated nationwide.

Significance of Good Governance Day:

• Raising Governance Awareness: Good Governance Day aims to raise awareness among citizens regarding government accountability and efficient administration.
• Equitable Treatment of Citizens: This day emphasizes the fair and prompt delivery of various government services to ensure equitable treatment for the country's residents.
• Advancement of e-Governance: National Good Governance Day endeavors to advance "e-Governance" with the official event slogan being "Good Governance through e-Governance.

What is Good Governance?

• Governance encompasses the decision-making process and the subsequent implementation (or lack thereof) of those decisions.
  • It manifests in various contexts, including corporate governance, international governance, national governance, and local governance.
• It is characterized as "the manner in which power is exercised in the management of a country's economic and social resources for development."
  • This concept, rooted in historical perspectives, was elaborated by Chanakya in the Arthashastra.
• Foundation of Citizens Centric Administration: The cornerstone of a citizens-centric administration lies in the principles of good governance, emphasizing transparency, accountability, and equitable societal development.

8 Principles of Good Governance:

• Participation: Ensures the inclusion of diverse perspectives, including men, women, vulnerable sections, backward classes, minorities, etc.
  • Upholds freedom of association and expression.
• Rule of Law: Impartial enforcement of the legal framework, particularly in human rights laws.
  • A foundation for preventing the 'law of fish,' where the strong prevail over the weak.
• Consensus Oriented: Facilitates decision-making that aims for a common minimum acceptable to everyone, fostering a broad consensus.
  • Mediates differing interests toward a mutually beneficial outcome.
• Equity and Inclusiveness: Strives for an equitable society, ensuring opportunities for all to enhance or maintain their well-being.
• Effectiveness and Efficiency: Focuses on processes and institutions that yield results meeting the community's needs.
  • Maximizes the effective utilization of community resources for optimal output.
• Accountability: Demands accountability from governmental institutions, private sectors, and civil society organizations to the public and institutional stakeholders.
  • Aims for governance that serves the betterment of the people.
• Transparency: Requires accessible, understandable, and monitored information.
  • Advocates for a free media and public access to information.
• Responsiveness: Dictates that institutions and processes serve all stakeholders within a reasonable timeframe.

What is the Significance of Good Governance?

• Safeguarding Public Interests: The implementation of good governance practices is crucial for safeguarding the interests of the public.
• Optimal Resource Utilization: Good governance empowers organizations to maximize the efficient utilization of available resources, facilitating the delivery of high-quality services.
• Ensuring Checks and Balances: Through good governance practices, mechanisms are established to prevent the undue exercise of power and authority, maintaining a system of checks and balances.
• Facilitating Public Engagement: The active involvement of the public in the governance process becomes achievable when good governance practices are firmly in place.

What are the Challenges to Good Governance in India?

• Corruption: The pervasive level of corruption in India is widely recognized as a substantial impediment to enhancing the quality of governance.
• Empowerment of Women: The inadequate representation of women in government institutions and related sectors poses a significant challenge to achieving gender equality.
• Delayed Justice: Ensuring timely justice for citizens is a fundamental right, but numerous factors, such as a shortage of personnel and logistical resources within the legal system, contribute to delayed justice.
• Criminalization of Politics: The intertwining of the political process with criminal elements and the collaboration between politicians, civil servants, and business entities negatively impact public policy formulation and governance.
• Centralization of Administrative System: Efficient functioning of lower-level governments, particularly Panchayati Raj Institutions (PRIs), depends on adequate empowerment.
  • The existing challenges involve insufficient devolution of funds and personnel to carry out constitutionally assigned functions.

What are the Initiatives for Enhancing Good Governance in India?

• National e-Governance Plan: With a vision to make government services easily accessible to the common man, the National e-Governance Plan aims to ensure efficiency, transparency, and reliability of services at affordable costs.
  • The plan focuses on meeting the basic needs of the public through widespread service delivery outlets.
• Good Governance Index (GGI): Launched by the Ministry of Personnel, Public Grievances & Pensions, GGI serves as a comprehensive tool to evaluate the state of governance in the country.
  • It systematically analyzes the impact of various interventions initiated by State Governments and Union Territories.
• Right to Information Act, 2005: This crucial legislation plays a pivotal role in fostering transparency within governance by granting citizens the right to access information.
  • The Right to Information Act, 2005, empowers individuals to seek and receive information, contributing to a more transparent and accountable system.

About Atal Bihari Vajpayee

• Atal Bihari Vajpayee, the 10th Prime Minister of India, distinguished himself not only as a statesman but also as a revered poet and literary figure.
• His association with the Rashtriya Swayamsevak Sangh (RSS), the ideological precursor of the BJP, further shaped his political journey.
• Early Life: Born on December 25, 1924, in Gwalior, Madhya Pradesh, Vajpayee joined the RSS in 1939, transitioning into a full-time role in 1947.
  • His literary prowess led him to collaborate with Deen Dayal Upadhyaya on various publications, marking the beginning of his impactful career.
• Political Ascension: Vajpayee assumed the role of national president of the Jana Sangh in 1968 following Deen Dayal Upadhyaya's demise.
  • His political journey commenced with his election to the Lok Sabha from the Balrampur seat in the 1957 general election, where his eloquence positioned him as a defender of Jana Sangh's policies.
• Key Political Milestones: Post-emergency, Vajpayee played a vital role in the formation of the Janata Party, securing victory in the 1977 general elections and subsequently serving as the External Affairs Minister.
  • The transformation of Jana Sangh into the Bharatiya Janata Party (BJP) in 1980 marked a significant phase under his leadership, with the party gaining electoral prominence.
• Political Tenures: Vajpayee's political career saw him elected ten times to the Lok Sabha and twice to the Rajya Sabha, representing constituencies such as Balrampur, New Delhi, Gwalior, and Lucknow.
  • His administrative journey commenced as the External Affairs Minister in 1975, with commendation for his UN General Assembly speech in Hindi.
• Prime Ministerial Stints: Vajpayee served as the Prime Minister of India in three distinct tenures:
  • A brief 13-day term in 1996
  • 13-month period from 1998 to 1999, and
  • A full term from 1999 to 2004.
• Notable Achievements: Vajpayee's administration left an indelible mark with achievements such as the Pokhran Nuclear Test, success in the Kargil War, the implementation of the Golden Quadrilateral project, the Pradhan Mantri Gramin Sadak Yojana, and the Sarva Siksha Abhiyaan.
• Diplomatic Outreach: Vajpayee's diplomatic efforts included a groundbreaking bus journey to Lahore to meet with Pakistani Prime Minister Nawaz Sharif, signaling a commitment to improving relations.
• Honors and Recognition: Atal Bihari Vajpayee was bestowed with prestigious honors, including the Bharat Ratna in 2015, recognition for his role in the Bangladesh Liberation War, and the Order of Ouissam Alaouite from Morocco.
  • Additionally, the Government of India designated his birth anniversary as Good Governance Day in 2014.