In News:

In her recent speech at the National Conference of District Judiciary, President Droupadi Murmu introduced the concept of 'black coat syndrome' to address the persistent issue of case delays in Indian courts. This term is intended to reflect the anxiety and reluctance that people experience when dealing with the judicial system, similar to the 'white coat syndrome' seen in medical settings.

Current Challenges in India's Judicial System

1. Case Pendency: As of October 2023, there are over five crore cases pending across various levels of the judiciary in India. The current number of judges—20,580—falls short of effectively managing this caseload.
2. Infrastructure Deficiencies: Many courts lack essential infrastructure and modern technology. For example, as of September 2023, 19.7% of district courts did not have separate toilets for women.
3. Judicial Vacancies: There are notable vacancies in the judiciary. High courts have 347 unfilled positions out of a total of 1,114 sanctioned posts. Similarly, 5,300 out of 25,081 district judge positions are vacant.
4. Gender Representation: The Supreme Court has three female judges, making up 9.3% of its bench. High courts have 103 female judges, representing 13.42%, while the district judiciary has a more balanced representation with 36.33% female judges.

Ongoing Initiatives to Address Judicial Challenges

1. Technological Advancements:
   • e-SCR (Electronic Supreme Court Reports): Provides digital access to Supreme Court judgments.
   • Virtual Court System: Facilitates court proceedings through videoconferencing.
   • eCourts Portal: Serves as a comprehensive platform for interaction among litigants, advocates, government bodies, and the public.
   • National Judicial Data Grid (NJDG): Makes case statistics available at various levels for public and research use.
2. Legal Reforms and Alternative Dispute Resolution (ADR):
   • National Mission for Justice Delivery and Legal Reforms (2011): Focuses on improving justice access by tackling delays and arrears.
   • ADR Methods: Includes Lok Adalats, Gram Nyayalayas, and Online Dispute Resolution to expedite justice.
   • Commercial Courts Act 2015: Enforces pre-institution mediation for commercial disputes.
   • Fast Track Courts: Designed to speed up cases involving serious crimes, senior citizens, women, and children.

Strategies for Future Improvement

• Increasing Court Efficiency: The Chief Justice of India has stressed the need for courts to function beyond their current capacity of 71% to better align case disposal with new case inflows.
• Filling Judicial Positions: With 28% of district court positions vacant, a regularized recruitment schedule is suggested to address these gaps. Additionally, integrating judicial recruitment on a national scale is recommended to reduce regional biases.
• Enhancing Case Management: Establish District-Level Case Management Committees to better manage cases by reconstructing records and identifying priority cases. Encouraging pre-litigation dispute resolution can also help manage the case backlog.
• Adjusting Judicial Vacations: The 2003 Malimath Committee report proposed reducing vacation periods to help address the backlog of cases.
• Bridging Judiciary Gaps: Addressing the disparity between district courts and high courts is crucial to create a more cohesive and unified judicial system.

In News:

The recent dissolution of the 14-member Standing Committee on Statistics (SCoS) by the Union Ministry of Statistics and Programme Implementation has sparked considerable controversy and debate. The committee, which was chaired by Pronab Sen, a renowned economist and former chief statistician of India, was reportedly disbanded after its members raised concerns about the delay in conducting the decennial census.

Key Points:

• Dissolution of the Committee:
  • The SCoS, formed in July 2023, was responsible for advising the Union government on survey methodology and statistical frameworks. According to the experts the decision to dissolve the SCoS was due to an overlap in functions with the newly formed Steering Committee for National Sample Surveys.
• Concerns and Criticism:
  • Dr. Pronab Sen and other committee members expressed concerns over the delay in conducting the census, which was due in 2021 but has yet to be carried out. The last census, conducted in 2011, is now outdated, impacting the accuracy of various statistical surveys.
  • Members of the SCoS reportedly questioned the delay in census operations during their meetings, leading to speculation that their concerns may have contributed to the committee's dissolution.
• Formation of the New Steering Committee:
  • The new Steering Committee for National Sample Surveys, chaired by Rajeeva Laxman Karandikar, was established following a recommendation by the National Statistical Commission (NSC). The roles of this new committee are said to overlap with those of the SCoS, which the Ministry cited as a reason for disbanding the latter.

Standing Committee on Statistics (SCoS)

• The Standing Committee on Statistics (SCoS) was established by renaming and expanding the scope of the Standing Committee on Economic Statistics (SCES), which was originally formed in December 2019.
• The SCES, with 28 members, was tasked with reviewing economic indicators related to the industrial sector, services sector, and labor force statistics, including datasets like the Periodic Labour Force Survey, the Annual Survey of Industries, and the Economic Census.

Current Structure and Members: The newly formed SCoS comprises 14 members, including:

• Four Non-Official Members
• Nine Official Members
• One Member Secretary

The committee's total membership can be extended up to 16 based on requirements.

Functions:

1.       Review and Address Issues:

o   The SCoS reviews the existing frameworks and addresses issues related to all surveys as presented by the Ministry of Statistics and Programme Implementation (MoSPI). This includes evaluating survey results and methodologies.

2.       Advisory Role:

o   It advises on various aspects of survey methodology, including sampling frames, sampling designs, and survey instruments. The committee is also responsible for finalizing the tabulation plans and results of surveys.

3.       Data Collection and Production:

o   The SCoS oversees the design and implementation of all data collection and production efforts. It ensures that data collected by MoSPI adheres to high standards of statistical quality and accuracy.

Constitution and Tenure:

• Notification and Term:
  • The 23rd Law Commission of India was notified by the Union government on September 2, with effect from September 1.
  • The commission will have a three-year term, concluding on August 31, 2027.
  • The tenure of the previous Law Commission, chaired by former Karnataka High Court Chief Justice Ritu Raj Awasthi, ended on August 31.

Role and Importance of the Law Commission:

• Purpose:
  • The Law Commission is a non-statutory body formed by the Union Ministry of Law and Justice through a gazette notification.
  • Its role includes reviewing the functioning of laws, recommending the repeal of obsolete legislation, and providing recommendations on issues referred by the government.
• Composition:
  • Typically chaired by a retired Supreme Court or High Court judge.
  • Includes legal scholars and can also have serving judges.
• Impact:
  • Over the years, 22 Law Commissions have submitted 289 reports.
  • Their recommendations have influenced significant legislation, such as the Code of Criminal Procedure, 1973 (CrPC), and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

Constitution of the 23rd Law Commission:

• Structure:
  • The commission will consist of:
    • A full-time chairperson.
    • Four full-time members, including a member-secretary.
    • Up to five part-time members.
    • Ex officio members including the secretaries of the Legal Affairs and Legislative departments.
• Appointment and Remuneration:
  • Chairperson and full-time members can be serving Supreme Court or High Court judges or other experts chosen by the government.
  • The chairperson will receive a monthly salary of ?2.50 lakh, while members will receive ?2.25 lakh.
  • The member-secretary must be an officer of the Indian Legal Service of the rank of Secretary.
  • Serving judges appointed to the commission will serve until retirement or the end of the commission’s term, without additional remuneration.

Terms of Reference:

• Primary Tasks:
  • Identify and recommend the repeal of obsolete or irrelevant laws.
  • Create a Standard Operating Procedure (SOP) for periodic review and simplification of existing laws.
  • Identify laws that are misaligned with current economic needs and suggest amendments.
• Directive Principles and Reforms:
  • Examine laws in light of Directive Principles of State Policy and suggest improvements and new legislation to achieve constitutional objectives.
  • Address laws affecting the poor, conduct post-enactment audits of socio-economic legislation, and review judicial administration for responsiveness.

Previous Commission's Contributions:

• Reports and Recommendations:
  • The 22nd Law Commission produced 11 reports, including:
    • A report in April 2023 recommending retention of Section 124A of the Indian Penal Code (sedition law), with suggested amendments for clarity.
    • A report recommending a new law to protect trade secrets.
    • A report on simultaneous elections, though it was not submitted to the government before the commission’s chairperson assumed office as a Lokpal member.

Upcoming Focus:

• The 23rd Law Commission is expected to continue examining key issues, including the implementation of a uniform civil code, which was also considered by the 22nd Commission but whose recommendations remain unpublished.

Why is it in the News?

Hollywood actress Scarlett Johansson has said she was “shocked” and “angered” to hear the voice of GPT-4o, OpenAI’s latest AI model, as it sounded “eerily similar” to her own voice.

What are Personality Rights?

• Personality rights or publicity rights are a subset of “celebrity rights” – a much broader term used to refer to certain rights enjoyed by celebrities.
• Besides personality rights, celebrities also have “privacy rights”, which include the right to be left alone.
• The name, voice, signature, images, or any other feature easily identified by the public are markers of a celebrity’s personality and are referred to as “personality rights.”
• These could include poses, mannerisms, or any other distinct aspect of their public persona.
• Several celebrities register aspects of their personalities as trademarks to use them commercially.
  • For instance, footballer Gareth Bale trademarked the heart shape he makes with his hands as part of goal celebrations.
• The rationale behind such rights is that only the creator or owner of the unique features can gain commercial benefit from them.
• Therefore, unauthorised use could lead to revenue losses.
• In India, actors such as Rajnikanth, Anil Kapoor and Jackie Shroff have approached the courts over “personality rights” in India.
• Recently, the Delhi HC protected the personality and publicity rights of actor Jackie Shroff while restraining various e-commerce stores, AI chatbots, and social media from misusing Shroff’s name, image, voice, and likeness without his consent.

How are Personality Rights Protected in India?

• Although personality rights or their protection are not explicitly defined in Indian statutes, they usually fall under the right(s) to privacy and property.
• Concepts in intellectual property rights cases, such as passing off and deception, are usually applied in such cases while ascertaining if protection is warranted.
• Protection can be given through damages and injunctions.

Why is it in the News?

Ever since the general election was announced two weeks ago, a total of 79,000 violations have been reported on the Election Commission of India’s (ECI) cVigil app across the country.

About C-Vigil App:

• cVigil is a user-friendly and easy-to-operate application, that connects vigilant citizens with the District Control Room, Returning Officer and Field Unit (Flying Squads), or Static Surveillance Teams.
• By using this app, citizens can immediately report incidents of political misconduct within minutes and without having to rush to the office of the returning officer.
• As soon as the complaint is sent on the cVigil app, the complainant receives a unique ID, through which the person will be able to track the complaint on their mobile.
• This creates a rapid and accurate reporting, action, and monitoring system.

The cVIGIL app enabled voters to

• Register Complaints: The app allows every citizen within the election boundaries to report the Model Code of Conduct / Expenditure Violations by taking photos/audio/video through their mobile phones by signing into the application.
• Anonymous User: The app also allows the citizen to complain anonymously, without revealing their details/ identity.
• Geotagging: The app automatically enables a geo-tagging feature when users switch on their camera in the cVIGIL to report a violation, which helps the field unit to know the precise location of the incident.

Benefits of the Application:

• cVIGIL is a convenient and user-friendly app allowing citizens to send pictorial evidence of the model code of conduct violations in their vicinity.
• Each reported incident is tracked and scrutinized from the beginning to the endpoint, thus bringing accountability into the system.
• The immediate location verification feature of the cVIGIL will act as a strong deterrence for miscreants and wrong-doers as they can be easily tracked.
• A combination of all these factors will encourage citizens to keep vigil over unhealthy electoral practices and bring them to the notice of the Election Commission.
  • This in turn will help the commission reach its objective of conducting free and fair elections.

Why is it in the News

The Maharashtra government recently notified Mendha, a village deep inside the forests of the state’s Gadchiroli district, as a separate Gram Panchayat under The Maharashtra Gramdan Act, 1964.

What is Gramdan?

• Gramdan is an expansion of the Bhoodan Movement started in 1951 by Aacharya Vinoba Bhave.
  • ‘Bhoodan’ meant redistribution of land from bigger landowners to the landless.
  • Under Gramdan, the entire village will put its land under a common trust.
• This way, the land will not be sold outside the village or to one who has not joined Gramdan in the village.
  • But the landowners can continue to cultivate it and reap the benefits.
• The Movement paved the way for the protection of natural resources by giving equal rights and responsibilities to everyone in the community and empowering communities to move towards self-governance.
• Under the Act, at least 75 percent of landowners in the village should surrender land ownership to the village community for it to be declared as ‘gramdan’.
  • Such land should at least be 60 percent of the village land. Five per cent of the surrendered land is distributed to the landless in the village for cultivation.
  • Recipients of such land cannot transfer the same without the permission of the community.
  • The rest remains with the donors.
  • They and their descendants can work on it and reap the benefits.
  • But they cannot sell it outside the village or to a village resident who has not joined Gramdan.
• Today, seven states in India have 3,660 Gramdan villages, the highest being in Odisha (1,309).
  • The states are Andhra Pradesh, Bihar, Maharashtra, Odisha, Rajasthan, Tamil Nadu and Uttar Pradesh.
• In September 2022, the Assam government repealed the Assam Gramdan Act, 1961 and Assam Bhoodan Act, 1965, bypassing The Assam Land and Revenue Regulation (Amendment) Bill, 2022.
• This, it said, was done to counter encroachment on donated lands in the state.
• Till that time, Assam had 312 Gramdan villages.

About Mendha’s Village Struggle:

• The village, comprising around 500 Gond Adivasis, has fought for its forests for years.
  • It is popular as the first village in India to secure community forest rights (CFR), following the passing of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
  • Some 80 per cent of the area in the village is covered with dense forest.
• People here believe that land is not a private property but a collective resource that provides food and livelihood and should be saved and passed on to the next generation.
• All villagers in Mendha have surrendered their land, which is unique. In all other villages, only about 75-80 per cent of landowners had agreed to do so.
  • The village fulfilled these conditions of the Act in 2013 and notified the district collector about its decision to implement the Act.

Why is it in the News

Cooperation Minister Amit Shah on Friday launched the National Cooperative Database and stressed that it would help in policy making.

About National Cooperative Database (NCD):

• The National Cooperative Database (NCD) is an initiative spearheaded by the Ministry of Cooperation, responding to the pressing need for a robust database to effectively capture essential information concerning India's extensive cooperative sector.
• Developed collaboratively with State Governments, National Federations, and stakeholders, the NCD is designed to promote a cooperative-centric economic model, offering a web-based digital dashboard for seamless data management.
• Acting as a centralized repository, the NCD aggregates data from cooperative societies, including National/State Federations, with information entered and authenticated by nodal officials at RCS/DRCS offices for cooperative societies and provided by various national/state federations for federations.
• The collected data encompasses diverse parameters, such as registered names, locations, membership numbers, sectoral details, operational areas, financial statements, audit statuses, and more, providing a comprehensive overview of the cooperative landscape.
• Serving as a vital communication tool, the NCD facilitates efficient interaction between the Central Ministry, States/UTs, and Cooperative Societies, fostering collaboration and synergy within the cooperative sector.
• Key features and benefits of the NCD include single-point access, comprehensive and updated data, user-friendly interface, vertical and horizontal linkages, query-based reports and graphs, Management Information System (MIS) reports, data analytics, and geographical mapping capabilities.

Why is it in the News?

The Union IT, Communications, and Railways Minister Ashwini Vaishnaw Thursday stressed on the need to further simplify economic laws in a modern and relevant way at the launch of NITI Aayog’s ‘NITI for States’ platform.

About “NITI For States” Platform:

• It serves as a cross-sectoral knowledge hub envisioned to be a Digital Public Infrastructure (DPI) for Policy and Good Governance.

Key features include:

•  A comprehensive repository comprising Best Practices, Policy documents, datasets, data profiles, and NITI publications across various sectors.
•  Knowledge products spanning 10 sectors and two cross-cutting themes (Gender and Climate Change), such as Agriculture, Education, Energy, Health, Manufacturing, MSME, Tourism, Urban, and Water resources & WASH.
• An intuitive and user-friendly interface accessible via multiple devices, including mobile phones.
• The platform aims to catalyze digital governance transformation by providing government officials with contextualized, actionable knowledge and insights, thereby enhancing decision-making quality.
• It supports district collectors and block-level functionaries by granting access to innovative best practices from various States and Union Territories.

What is the Viksit Bharat Strategy Room?

• It serves as an interactive platform enabling users to visualize data, trends, best practices, and policies in an immersive manner, facilitating a comprehensive assessment of any problem statement.
• The platform features voice-enabled AI for user interaction and facilitates connectivity with multiple stakeholders through video conferencing.
• Designed as a plug-and-play model, it enables replication by states, districts, and blocks for widespread adoption.
• Collaboration with various government organizations by NITI Aayog includes:
  •  iGOT Karmayogi's "SAMARTH" online training modules accessible through the platform.
  • Integration of NITI Aayog’s National Data and Analytics Platform (NDAP) to provide access to government datasets.
  • Support from the National E-Governance Division (NeGD) in developing the innovative Viksit Bharat Strategy Room.
  • Multi-lingual support provided by Bhashini.
  • Integration of PM Gatishakti BISAG-N team, with DPIIT support, to offer geospatial tools for Area Based Planning.

Why is it in the News?

For the upcoming Lok Sabha and State Assembly elections, senior citizens who are 85 years and older will be able to opt for postal ballots as the government recently amended the rule to increase the eligibility from the current limit of 80 years and above.

News Summary:

• The government, in collaboration with the Election Commission, has introduced amendments to the Conduct of Election Rules (1961), specifically targeting the eligibility criteria for voting by postal ballot.
• Notably, the minimum age for senior citizens eligible for postal voting has been increased from 80 years to 85 years.
  • Previously, Rule 27A of the Conduct of Election Rules had extended the postal ballot facility to senior citizens above 80 years, persons with disabilities, poll officers, and individuals diagnosed with COVID-19.
• This provision was first implemented during the 2020 Bihar assembly polls, coinciding with the onset of the pandemic.
• Despite the initial extension of postal voting rights to senior citizens aged 80 and above, a subsequent review by the Election Commission revealed that only a small fraction, approximately 2-3%, of eligible voters in this age group opted for postal ballots.
  • The majority preferred to physically visit polling stations to cast their votes.
• Considering the statistics indicating that the total number of senior citizens above 80 years stands at 1.75 crore, with 98 lakh falling within the age range of 80-85 years, the government deemed it necessary to amend the existing rule.
  • This adjustment reflects a nuanced approach aimed at ensuring efficient electoral processes while addressing the preferences and needs of elderly voters.

What is Postal Voting?

• Postal voting is only available to a specific group of voters.
• By retyping her choices on the ballot paper and returning it to the inspection officer before counting, a voter can remotely cast her ballot using this feature.

Who Can Avail This?

• Armed forces members such as those in the Army, Navy, and Air Force, armed police officers serving outside their home states, government workers stationed outside of India, and their wives are only eligible to vote by mail.

Features:

• Voters may use this service from any location outside of the designated constituency.
• This system makes it easier to create voter electoral roll data for services.
• It has two layers of security, making it a secure system:
  • 1. Downloading the encrypted electronically transmitted postal ballot (ETPB) file requires an OTP (one-time password).
  • 2. To decrypt, print, and deliver ETPB, a PIN is necessary.
• By sending postal ballots electronically to eligible service voters, this system addresses the time constraint associated with mailing postal ballots.
• The specific quick response code ensures confidentiality and prevents the duplication of cast ETPB.

Concerned Raised by Political Parties:

• Parties argue that allowing voters 65 and older to cast postal ballots violates voting confidentiality since many of the population lacks education and may ask for help from others at various points, ultimately identifying their chosen candidate.
• Their exposure to "administrative influence or influence by the government or the ruling party" also results from this.

Why is it in the News?

Nearly 19 months after he retired as a Supreme Court judge, Justice A M Khanwilkar was appointed the chairperson of the anti-corruption ombudsman Lokpal on Tuesday. The post fell vacant nearly two years ago.

Who is AM Khanwilkar?

• Justice Ajay Manikrao Khanwilkar was a Supreme Court judge between May 2016 and July 2022.
• He has also served as chief justice of the Madhya Pradesh High Court and the Himachal Pradesh High Court and as a judge of the Bombay High Court.
• Recently appointed as the Chairperson of the anti-corruption ombudsman Lokpal on Tuesday.
• The appointment came nearly two years after the post fell vacant.
• Khanwilkar was elected for the post following discussions by a high-level committee, which included:
  • Prime Minister Narendra Modi
  • Chief Justice of India DY Chandrachud
  • Leader of the Opposition in Lok Sabha, Adhir Ranjan Chowdhury
• The Lokpal has been functioning without its permanent chief since the conclusion of Justice Pinaki Chandra Ghose's term on May 27, 2022.

About Lokpal:

• The Lokpal is a statutory body established under the Lokpal and Lokayuktas Act of 2013.
• Its primary mandate is to investigate allegations of corruption against certain public officials and handle related matters.
• The organizational structure of Lokpal includes a chairperson and a maximum of eight members.
• The chairperson must be a former Chief Justice of India, a former Judge of the Supreme Court, or an eminent individual meeting specified eligibility criteria.
• Half of the maximum eight members are judicial members, who must be former Judges of the Supreme Court or former Chief Justices of High Courts.
• Additionally, a minimum of fifty percent of the members are drawn from SC/ST/OBC/minority backgrounds and include women.

How are Members Appointed?

• The President of India appoints the Chairperson and Members based on recommendations from a selection committee.
  • This committee comprises the Prime Minister as Chairperson, the Speaker of Lok Sabha, the Leader of Opposition in Lok Sabha, the Chief Justice of India or a nominated Judge, and one eminent jurist.
• Members serve a term of five years or until they reach 70 years of age, whichever comes first, starting from the date they assume office.
• The Chairperson receives salary, allowances, and other benefits equivalent to those of the Chief Justice of India.
• Similarly, Members receive salary, allowances, and other benefits equivalent to those of a Judge of the Supreme Court.

Jurisdiction:

• The Lokpal has the authority to investigate allegations of corruption against current or former Prime Ministers, Union Ministers, Members of Parliament, and officials from various levels of the Union Government categorized under Groups A, B, C, and D.
• Its jurisdiction extends to include chairpersons, members, officers, and directors of entities established by parliamentary acts or financed by the Union or State government, as well as any organization receiving foreign contributions exceeding Rs 10 lakh.
• However, there are exceptions regarding the Prime Minister's jurisdiction. The Lokpal cannot investigate allegations related to international relations, external/internal security, public order, atomic energy, and space. Moreover, complaints against the PM require approval from at least two-thirds of the Lokpal's members before initiation of an inquiry.

Powers of Lokpal:

• The Lokpal possesses the authority to oversee and issue directives to the Central Bureau of Investigation (CBI).
• Once the Lokpal has referred a case to the CBI, the investigating officer cannot be transferred without the Lokpal's approval.
• It holds the power to authorize the CBI to conduct search and seizure operations related to these cases.
• The Inquiry Wing of the Lokpal is endowed with powers akin to those of a civil court.
• In specific circumstances, the Lokpal can confiscate assets, proceeds, receipts, and benefits obtained through corrupt means.
• It is empowered to recommend the transfer or suspension of public servants implicated in corruption allegations.
• The Lokpal can issue directives to prevent the destruction of records during the preliminary inquiry phase.
• As per Section 48 of the Act, the Lokpal is mandated to submit an annual report on its activities to the President, which is subsequently laid before both Houses of Parliament.

Why is it in the News?

Recently, the Centre has agreed to examine whether the provisions of the Sixth Schedule of the Constitution can be implemented in Ladakh.

What is the Sixth Schedule?

• The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state.
• ADCs have up to 30 members with a term of 5 years and can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
  • The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.
• The Sixth Schedule applies to the Northeastern states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

Why does Ladakh want to be part of the Sixth Schedule?

• There was much enthusiasm initially, mostly in Leh, after the August 5, 2019 decisions that created two new Union Territories.
  • The Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government, which was dominated by politicians from Kashmir and Jammu.
• This development has sparked concerns among locals regarding potential challenges related to identity preservation, resource allocation, and administrative oversight.
• Also, the changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
• The UT has two Hill councils in Leh and Kargil, but neither is under the Sixth Schedule.
• Their powers are limited to the collection of some local taxes such as parking fees and allotment and use of land vested by the Centre.
• The Sixth Schedule empowers the Governor of the State to designate specific areas as administrative units within the Autonomous Districts and Autonomous Regions.

Can Ladakh be included in the Sixth Schedule?

• In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.
  • Notably, no region outside the Northeast has been included in the Sixth Schedule.
  • In fact, even in Manipur, which has predominantly tribal populations in some places, the autonomous councils are not included in the Sixth Schedule.
  • Nagaland and Arunachal Pradesh, which are totally tribal, are also not in the Sixth Schedule.
• “Ladakh’s inclusion in the Sixth Schedule would be difficult.
• The Constitution is very clear, the Sixth Schedule is for the Northeast.
  • For tribal areas in the rest of the country, there is the Fifth Schedule.
• However, it remains the prerogative of the government — it can, if it so decides, bring a Bill to amend the Constitution for this purpose.

Why is it in the News?

Recently, eminent jurist and senior advocate of the Supreme Court Fali S Nariman died at the age of 95.

Who was Fali S Nariman?

• Fali S Nariman was born on January 10, 1929, in Rangoon, then part of British India.
• He began his legal career by enrolling as an advocate of the Bombay High Court in November 1950.
• His stature grew, and he was designated as a senior advocate in 1961.
• In 1972, he moved to New Delhi to practise in the Supreme Court of India.
• In May 1972, Nariman assumed the role of additional solicitor-general of India; however, he resigned a day after the Emergency was imposed on June 26, 1975.
• He also served as the president of the International Council for Commercial Arbitration and chaired the Executive Committee of the International Commission of Jurists, Geneva, from 1995 to 1997.
• His son, Justice Rohinton F Nariman, formerly served as a judge on the Supreme Court.
• Nariman received the Padma Bhushan in January 1991 and in 2007 he was awarded the Padma Vibhushan.

What Were Some of Nariman's Landmark Cases?

• The Golak Nath case: In the historic judgement, the Supreme Court held that the Parliament cannot make a law which is capable of infringing the fundamental rights of citizens.
  • It came up after two brothers in Punjab challenged the Constitution (17) Amendment Act, 1964, which came into effect by amending Article 31A of the Constitution. (This article deals with the acquisition of estates).
  • Nariman, not only supported the petitioners but also appeared to argue on the issue representing the intervenors in the case.
  • They argued that Parliament’s power to amend the Constitution under Article 368 did not include articles contained in Part III of the Constitution dealing with fundamental rights.
  • Following the hearing of the case submitted in 1967, an eleven-judge bench agreed with the petitioner’s submissions pointing out that Article 13(2) states that Parliament cannot make a law which infringes fundamental rights.
• The Kesavananda Bharati case: The Kesavananda Bharati case is known for setting a benchmark in the Indian judiciary and had Nariman’s prompt representation in the SC.
  • He assisted noted Advocate Nanabhoy Palkhivala in the famous case that led to the path-breaking judgement laying down the basic structure doctrine of the Constitution, clipping Parliament’s power to amend the Constitution.
  • The 1973 verdict simultaneously gave the judiciary the authority to review any constitutional amendment on grounds of violation of the basic structure of the Constitution.
• The Bhopal Gas Tragedy case: In 1984, the Bhopal gas tragedy where 42 tons of toxic chemicals leaked from a pesticide plant owned by Union Carbide India Limited, resulting in thousands of deaths and environmental damage in the following years.
  • The Supreme Court began hearing the case for compensation to the victims in 1988.
  • Senior Advocate Nariman appeared, representing Union Carbide, and offered to pay a sum of 426 million dollars as compensation to the victims of the tragedy.
  • In 1989, Union Carbide settled with the central government and agreed to pay 470 million dollars as compensation.
• The Cauvery Water Dispute case: Nariman represented Karnataka for over 30 years in the water-sharing dispute with Tamil Nadu.
  • In 2016, the Supreme Court ordered the Karnataka government to release 6,000 cusecs (cubic feet per second) of water from September 21 to September 27.
  • The Karnataka legislative assembly, however, passed a resolution stating that they did not have water to spare and chose to defy the court’s orders.
  • Due to this non-compliance, Nariman refused to argue the case on behalf of the Karnataka government any further.
  • On February 16, 2018, the court in its final judgement took note of Nariman’s stance on the issue and necessarily mentioned that Nariman had courageously lived up to the highest tradition of the Bar.
  • The court then proceeded to reduce Karnataka’s annual water releases to 177.25 thousand million cubic feet (TMC) from 192 TMC.
• Disproportionate assets case against former Tamil Nadu Chief Minister J Jayalalithaa: AIADMK leader and former- Tamil Nadu CM Jayalalitha had been accused of misappropriating funds during her tenure between 1991 and 1995.
  • A Sessions Court in Bangalore in September 2014 found that she had acquired property disproportionate to her known income and imposed a Rs 100 crore fine on her.
  • This sentence was upheld by the Karnataka High Court a month later leading to an appeal at the Supreme Court.
  • Nariman appeared on behalf of Jayalalitha in October 2014 and convinced the court to grant bail against executing the fine and suspend the sentence passed by the Sessions judge in Bangalore.
• The 1981 Second Judges case: The Supreme Court held that the primacy of the Chief Justice of India’s recommendation in judicial appointment and transfer can be turned down on cogent grounds by the government.
  • However, the judicial discussions finally led to the creation of the collegium system of appointment of judges to constitutional courts in 1993, when the top court came out with its judgement in the second judge’s case.
  • Nariman had stated that the advice given through consultation with the CJI must be seen as binding to protect the independence of the judiciary, as judges would be in a better position to determine the suitability and competence of candidates.
  • In 1993, the nine-judge bench agreed with Nariman’s arguments and established the Supreme Court Collegium.
• The COVID-19 case: Nariman represented the Parsi community in its dispute over the protocol and standard operating procedure for handling of dead bodies of Parsi Zoroastrian COVID-19 victims under which metallic nets were to be installed above ‘Tower of Silence’ so that birds did not feed on the corpses and carry the killer virus elsewhere