In News:

Recently, the Supreme Court of India delivered a significant ruling affirming that the right of persons with disabilities (PwDs) to access environments, services, and opportunities is a fundamental human right. The judgment was made in the case of RajiveRaturi vs. Union of India &Ors. and is based on a report submitted by the Centre for Disability Studies (CDS) at NALSAR University of Law.

Key Points of the Judgment:

• Social Model of Disability:
  • The Court upheld the social model of disability, which focuses on societal changes to ensure the full inclusion and participation of PwDs.
  • The model emphasizes removing social barriers and creating an inclusive environment that accommodates all disabilities.
• Challenges Faced by PwDs: The ruling highlighted various challenges faced by PwDs, as identified in the CDS NALSAR report:
  • Accessibility Barriers: Significant gaps exist in accessibility measures across public spaces such as courts, prisons, schools, and public transport.
  • Intersectionality & Compounded Discrimination: PwDs often face multiple layers of discrimination, such as caste, gender, and socio-economic status, which compound their marginalization.
  • Inconsistent Legal Framework: The RPwD Act (2016) mandates mandatory compliance for accessibility standards, but Rule 15 under RPwD Rules (2017) only offers self-regulatory guidelines, which the Court found insufficient.
• Court's Analysis of Rule 15:
  • The Court declared Rule 15(1) of the RPwD Rules, 2017, as ultra vires, meaning it is inconsistent with the mandatory compliance intended by the RPwD Act.
  • The Court stressed the need for stronger legal and regulatory enforcement to ensure access for PwDs.
• Principles of Accessibility: The Court outlined several essential principles for achieving accessibility:
  • Universal Design: Environments and services should be universally accessible to all, including PwDs.
  • Comprehensive Inclusion: All types of disabilities, both visible and invisible, should be addressed.
  • Assistive Technology Integration: Using technology to support PwDs in daily activities.
  • Stakeholder Consultation: PwDs and disability advocacy groups must be consulted in planning and designing accessible spaces.
• Two-Pronged Approach:
  • The Court recommended a two-pronged approach:
    • Ensure accessibility in existing infrastructure: Modify and update current institutions and services to become accessible.
    • Design future infrastructure with accessibility in mind: Plan and build new spaces and services that are inclusive from the start.

Legal and Policy Framework:

• Rights of Persons with Disabilities (RPwD) Act, 2016:
  • The RPwD Act mandates various accessibility standards and provisions to protect and promote the rights of PwDs, in alignment with India’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
  • The Act defines a person with a benchmark disability as someone with at least 40% of a specified disability.
• International Obligations:
  • The ruling reaffirmed the importance of Article 9 of the UNCRPD, which emphasizes the right of PwDs to access the physical environment, transport, and information and communication technologies.
• Government Initiatives: The judgment highlights several initiatives aimed at improving accessibility:
  • Accessible India Campaign (Sugamya Bharat Abhiyan): A nationwide effort to make public spaces and services accessible to PwDs.
  • Assistance for Aids and Appliances: Government schemes to provide PwDs with necessary aids and appliances.
  • Unique Disability Identification Portal: A platform for PwDs to register and obtain a disability certificate.

Notable Judicial Precedents:

The Court referred to several previous rulings that recognized the right to accessibility:

• State of Himachal Pradesh v. Umed Ram Sharma (1986): The Court included the right to accessibility under the Right to Life (Article 21) of the Constitution.
• Disabled Rights Group v. Union of India (2017): The Court directed that educational institutions ensure reserved seats for PwDs.

In News:

• The Parliamentary Panel on Communications and Information Technology is reviewing mechanisms to curb fake news, following the Bombay High Court striking down a provision of the amended Information Technology (IT) Rules, 2021.
• The controversial provision allowed the government to identify and flag "fake news" on social media through its Fact Check Unit (FCU).
• The panel, led by BJP MP Nishikant Dubey, has summoned representatives from News Broadcasters and Digital Association and the Editors Guild of India to discuss the issue on November 21, 2024.

Issue with the Amended IT Rules:

• The IT Rules, 2021 were amended in April 2022 to include “government business” under the definition of fake news, expanding the scope of content flagged by the FCU.
• This amendment was challenged by media bodies and individuals like comedian Kunal Kamra, leading to the Bombay High Court striking it down in 2024.
• The court deemed the provisions unconstitutional, citing concerns about transparency and the potential misuse of power.

Types of Fake News:

• Misinformation: False information spread unintentionally.
• Disinformation: Deliberately false information meant to deceive and cause harm.

Status of Fake News in India:

• India as a major spreader of misinformation: The World Economic Forum's Global Risks 2024 report identifies disinformation as a significant short-term risk, with India as one of the largest consumers and producers of false information.
• Social Media Influence: Platforms like Facebook, WhatsApp, Twitter, and YouTube are widely used in India for news dissemination, making them a breeding ground for fake news.
• Spread of Political and Religious Misinformation: Fake news often serves political or religious agendas, leading to societal polarization and conflict.

Government Efforts to Combat Fake News:

• IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023: This amendment expanded the scope of "fake news" to include “government business” and gave the FCU the authority to flag misleading content.
• Press Information Bureau (PIB) Fact Check Unit: The PIB continues to run a fact-checking initiative, but it lacks the authority to remove flagged content from social media platforms.
• Digital Literacy Campaigns: Programs like Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA) aim to improve digital literacy, especially in rural areas, to help citizens identify and avoid fake news.

In News:

• Recently, the Union Home Minister Amit Shah launched the Civil Registration System (CRS) mobile app.
• The app aims to integrate technology with governance by making the registration of births and deaths more accessible, seamless, and hassle-free.

Key Features of the App:

• Anytime, Anywhere Registration: Citizens can register births and deaths from anywhere and at any time, in their State’s official language.
• The app is designed to significantly reduce the time required for registration, making it more efficient and convenient for users.

Legal and Policy Background:

• The Registration of Births and Deaths (Amendment) Act, 2023 mandates that all births and deaths in India, occurring from October 1, 2023, must be digitally registered through the Centre’s portal: dc.crsorgi.gov.in.
• This move is part of the broader effort to digitize civil records and create a centralized database.

Benefits of Digital Registration:

• Digital Birth Certificates: The new system will issue digital birth certificates which will serve as a single document to prove the date of birth for various services, such as:
  • Admission to educational institutions
  • Applying for government jobs
  • Marriage registration
• Centralized Database: The integration of birth and death data into a centralized database will help update critical records such as:
  • National Population Register (NPR)
  • Ration cards
  • Property registration
  • Electoral rolls

National Population Register (NPR) Integration:

• The data collected through the CRS app will assist in updating the National Population Register (NPR), which was first collected in 2010 and updated in 2015 through door-to-door enumeration.
• The NPR serves as the first step toward the creation of the National Register of Citizens (NRC) under the Citizenship Act, aimed at identifying Indian citizens.

In News:

• The Rights of Persons with Disabilities (RPwD) Rules, 2024, were amended by the Union Government in the wake of the Puja Khedkar controversy, where an IAS probationer was dismissed for alleged forgery in her disability and caste certificates.
• National Platform for the Rights of the Disabled (NPRD) has called for a rollback of the new rules, citing that they make the process of obtaining disability certificates more stringent and cumbersome.

Key Changes Under the New RPwD Rules, 2024

• Authority for Issuing Disability Certificates:
  • Only a designated medical authority or a notified competent medical authority at the district level can issue disability certificates.
  • NPRD had proposed that experts from non-profits also be authorized to carry out checks, but this suggestion was not accepted.
• Colour-Coded UDID Cards:
  • The new rules introduce colour-coded UDID cards to represent levels of disability:
    • White (general disability)
    • Yellow (moderate disability)
    • Blue (severe disability with 80% or higher).
• Mandatory Online Applications:
  • Applicants are now required to apply for disability certificates online, which could be problematic for individuals who lack access to the internet, smartphones, or are digitally illiterate.
  • The NPRD has urged the government to retain the option for in-person applications.
• Extended Time for Certificate Issuance:
  • The new rules extend the time for issuing disability certificates from one month to three months.
• Reapplication Requirement:
  • If there is no action taken on an application for two years, the applicant will have to reapply, which the NPRD considers unacceptable, as it punishes disabled individuals for system failures.

NPRD's Concerns

• Regressive and Burdensome:NPRD believes the amendments are regressive, adding more hurdles for genuine persons with disabilities to access certificates, which are crucial for identification and entitlement to services.
• Lack of Accountability:The NPRD argues that the rules do not address the systemic issues highlighted by the Puja Khedkar case, such as the lack of accountability at various levels in the certification process.
• Online Application Issues:Many people from the disabled community may struggle with technical jargon used in online applications and may not have the resources to complete the process digitally.
• Delay in Issuance:Extending the time for issuing certificates to three months could create delays for those in urgent need of certification for services or entitlements.

In News:

Recently, the Chief Justice of India unveiled the ‘new lady justice’ statue in the Supreme Court premises that replaced the ‘original lady justice’. The new statue is clothed in a saree, has shed the blindfold and holds scales on one hand and the Indian Constitution on the other.

Symbolism of the New Statue

• Design:
• Clad in a saree, symbolizing Indian tradition.
• No blindfold, with open eyes, conveying that justice "sees" all equally.
• Holds the Indian Constitution in one hand and scales of justice in the other.
• Significance:
• Aimed at decolonization of the judiciary, replacing colonial symbols with representations that reflect India's identity and values.
• The open eyes represent that justice is not blind, addressing social diversity, discrimination, and constitutional provisions for upliftment of underprivileged sections.
• The Constitution in place of a sword symbolizes its supremacy in India’s legal system.

Historical Context of Lady Justice

• Origin:
• Rooted in Roman mythology; Justitia, the goddess of justice, symbolized by scales, sword, and a blindfold.
• Blindfold added in the Renaissance as a satire on corrupt legal systems but later reinterpreted as a symbol of impartiality, representing justice without bias, irrespective of wealth, power, or social status.
• Scales: Balance in weighing both sides before judgment.
• Sword: Authority and power of law, to protect and punish.

Rationale for Change in India

• Colonial Legacy:
• The 'lady justice' symbol became prominent during British rule, reflecting colonial influence in India's legal system.
• Decolonial Intent:
• The shift from Western attire (robe) to a saree connects the statue to Indian traditions.
• Open eyes emphasize that Indian justice is not blind and addresses social inequalities directly.
• The Constitution's prominence underscores its role as the supreme guiding document in the Indian legal system.

Current Judicial System Challenges

• Pending Cases:
• Over 5 crore cases are pending across courts in India.
• Supreme Court recently dismissed a petition for a three-year timeline to resolve the backlog, citing the overwhelming volume of cases.
• Urgent Reforms Needed:
• Finalize the Memorandum of Procedure:
•  
• Still pending after 8 years; addresses transparency and accountability in judicial appointments.
• Representation in Judiciary:
  • • Backward classes, SCs, STs, and minorities are underrepresented in higher judiciary (less than 25%), and women are underrepresented (less than 15%).
    • Appointments should reflect India's social diversity.
• Vacancies in Courts:
• • High Courts operate at 60-70% strength, contributing to a massive case backlog of over 60 lakh cases.
  • Lower courts have 4.4 crore pending cases; vacancies must be filled by states promptly.
• Priority for Constitutional Cases:
• • Cases concerning the constitutional validity of laws and individual liberty should be prioritized by the judiciary.

Conclusion

• The new Lady Justice statue is not just a symbolic change but reflects a broader effort to realign India’s judiciary with its social and constitutional values.
• To ensure fair and prompt justice, there is an urgent need to address systemic delays, fill vacancies, and improve diversity in judicial appointments.
• Only then will the judiciary truly embody the principles of impartiality and justice, as represented by the new statue.

In News:

Omar Abdullah sworn in as J&K CM; Surinder Kumar Choudhary is Deputy CM

Key Highlights:

• Omar Abdullah’s Political Context:

• This marks Omar Abdullah's second term as Chief Minister, after his tenure in 2009.
• He becomes the first Chief Minister of Jammu and Kashmir after the region’s special status was revoked and it was reorganized as a Union Territory in 2019.

• Challenges as CM of a Union Territory:

• Omar Abdullah acknowledged the unique challenges of serving as Chief Minister in a Union Territory and expressed hope that J&K’s Union Territory status would be temporary.

• Public Service and Security Measures:

• In his first official instructions, Abdullah asked the Director General of Police (DGP) to avoid creating “green corridors” or traffic halts during his movements. He also requested the minimization of sirens and aggressive security gestures, emphasizing minimal public inconvenience.

• Legal Context:

• Oath of Office: As per Article 164(3) of the Indian Constitution, the Chief Minister and other ministers are sworn in by the Governor or Lieutenant Governor in Union Territories.
• Abdullah is the first CM of the Union Territory of Jammu and Kashmir post the abrogation of Article 370 and the transition of J&K from a state to a Union Territory in 2019.

• Revocation of President's Rule:

• President’s Rule (under Article 356) was revoked following the election results, signaling the restoration of a functioning elected government after direct central governance in the region.

In News:

Justice Sanjiv Khanna Appointed as Next Chief Justice of India, Will Assume Office on November 11

• Appointment:
  • Justice Sanjiv Khanna has been appointed as the 51st Chief Justice of India by President Droupadi Murmu.
  • He is set to take office on November 11, 2024, succeeding Chief Justice D.Y. Chandrachud, who is retiring on November 10, 2024.
• Tenure:
  • Justice Khanna's tenure will be relatively short, lasting only six months, as he is scheduled to retire on March 13, 2025.

Career and Background

• Education and Early Career:
  • Justice Khanna is a graduate of Delhi University’s Campus Law Centre.
  • He enrolled as an advocate in 1983 and primarily practiced before the Delhi High Court.
  • Prior to his elevation to the Delhi High Court in 2005, he served as the Senior Standing Counsel for the Income Tax Department and the standing counsel for civil matters for the Delhi government.
• Judicial Career:
  • Supreme Court Appointment: Justice Khanna was appointed to the Supreme Court in January 2019, despite not having served as Chief Justice of a High Court. He was elevated over other senior judges from the Delhi High Court, such as Justices Rajendra Menon and Pradeep Nandrajog, whose names were initially recommended but not forwarded to the government.
• Key Contributions:
  • Justice Khanna has been part of several significant rulings, including:
    • February 2024: Part of the five-judge bench that struck down the Electoral Bond Scheme as unconstitutional.
    • 2023: Contributed to upholding the abrogation of Article 370 of the Constitution.
    • 2023: Authored a ruling granting the Supreme Court the power to directly grant divorce under Article 142 on the grounds of "irretrievable breakdown of marriage."
• Administrative Role:
  • Justice Khanna currently serves as the Executive Chairman of the National Legal Services Authority (NALSA).

Process of Appointment of Chief Justice of India (CJI)

• Seniority Principle: The CJI is typically the senior-most judge of the Supreme Court.
• Memorandum of Procedure (MoP): The Law Ministry requests a recommendation from the outgoing CJI for his successor.
• Presidential Appointment: After receiving the recommendation, the President of India formally appoints the new CJI.
• Tenure and Retirement: The CJI serves until the age of 65. Upon retirement, the senior-most judge becomes the next CJI.
• Merit and Integrity Considerations: In addition to seniority, merit and integrity play crucial roles in the selection process for the CJI.

In News:

Assam has launched an innovative administrative initiative by inaugurating 21 'co-districts' as part of its Phase 1 rollout, which began on Friday and will extend into Saturday, ultimately introducing a total of 39 co-districts. This new structure replaces the previous system of 24 civil sub-divisions, aiming to bring governance closer to the citizens.

About the Co-District Initiative

• Structure: Co-districts serve as smaller administrative units within the larger district framework, each headed by an Assistant District Commissioner.
• Objective: This unique initiative, the first of its kind in India, seeks to enhance accessibility to governance and address administrative challenges faced by district administrations.
• Scope: The government plans to establish co-district offices in all 126 assembly constituencies in Assam.

Functions and Powers

The co-districts will handle a variety of important functions, including:

• Land Revenue Matters: Managing land-related issues and revenue collection.
• Development and Welfare Work: Overseeing development projects and welfare programs.
• Excise and Disaster Management: Addressing excise-related matters and coordinating disaster response efforts.
• Administrative Control: Co-districts will have authority over all departmental activities within their jurisdiction.
• Magisterial Powers: Commissioners will be empowered to issue permissions for events and manage other administrative tasks.
• Routine Administrative Tasks: Responsibilities include issuing ration cards, caste certificates, and land sale permissions.

In News:

On August 31, 2024, Prime Minister Narendra Modi inaugurated the National Conference of District Judiciary at Bharat Mandapam, New Delhi. This event marked the 75th anniversary of the Supreme Court of India, highlighted by the unveiling of a commemorative stamp and coin.

Supreme Court of India: History and Key Insights

The Origins of the Judiciary

• The concept of law, or Dharma, in ancient India was significantly influenced by the Vedas, which outlined rules of conduct and rituals in the Dharma Sutras. These texts addressed the duties of individuals and the rights of kings, forming the foundation of Hindu Law. The earliest systematic examination of jurisprudence can be found in Kautilya's Artha Sastra (circa 300 B.C.), particularly its third chapter, which discusses legal transactions and disputes.

Establishment of the Supreme Court

• The Regulating Act of 1773, enacted by the British Parliament, initiated the establishment of the Supreme Court of Judicature at Calcutta, with its Letters of Patent issued on March 26, 1774. This court had the authority to hear all complaints and lawsuits involving His Majesty’s subjects in Bengal, Bihar, and Orissa. Additional Supreme Courts were later established in Madras (1800) and Bombay (1823).
• The Indian High Courts Act of 1861 replaced these Supreme Courts with High Courts in various provinces, which became the highest judicial authorities until the Federal Court of India was created under the Government of India Act 1935. After India gained independence in 1947, the Supreme Court of India was formally established on January 26, 1950, with its inaugural session held on January 28, 1950.
• The Supreme Court's rulings are binding across India, and it possesses the power of judicial review to ensure that legislative and executive actions align with constitutional provisions and fundamental rights.

Structure and Functioning

• Initially, the Supreme Court operated for only a few hours each day and convened for 28 days a year. Today, it functions extensively, meeting approximately 190 days annually. The court was temporarily housed in the Parliament House before moving to its current location on Tilak Marg, New Delhi, in 1958.
• The court's architecture symbolizes justice, featuring a prominent dome and spacious corridors. It began with a Chief Justice and seven judges, with Parliament later increasing this number as the workload grew. Currently, the Supreme Court includes a Chief Justice and 30 judges.

Appointment and Qualifications of Judges

• Judges are appointed by the President of India, based on recommendations from a committee of senior judges (Collegium System). A candidate must be a citizen of India and have served as a High Court judge for at least five years or as an advocate for ten years. The age of retirement for judges is 65 years.

Judicial Independence and Removal

• Judicial independence is constitutionally protected. A Supreme Court judge can only be removed by the President on grounds of proven misbehavior or incapacity, following a resolution supported by a two-thirds majority in both Houses of Parliament.

Judicial Salaries and Provisions

• Judges’ salaries and pensions are defined by the Supreme Court Judges (Salaries and Conditions of Service) Act, 1958, and are charged to the Consolidated Fund of India.

Acting Chief Justice

• In the absence of the Chief Justice, the President appoints another judge as the Acting Chief Justice, as stipulated in Article 126.

Post-Retirement Opportunities

• While retired judges cannot practice law in India, they often serve in governmental roles, such as leading commissions. There have been calls for a "cool-off" period before such appointments.

Ad Hoc Judges

• Ad hoc judges may be appointed when necessary, and must meet the qualifications for Supreme Court judges. Retired judges can also be called back to serve temporarily.

Courts of Record

• Both the Supreme Court and High Courts are classified as courts of record, with the authority to punish for contempt as per Article 129.

Seat of the Supreme Court

• The Supreme Court is based in Delhi but can convene anywhere in India, with such decisions made by the Chief Justice in consultation with the President.

Overview of the Ruling

• Date: Recent ruling by the Supreme Court of India.
• Context: Determined that viewing, downloading, storing, or distributing material involving child sexual exploitation constitutes a criminal offense under the POCSO Act and the Information Technology Act.
• Appeal Background: Decision overturned a Madras High Court ruling that deemed private viewing of such material non-criminal.

Terminology and Legislative Recommendations

• Terminology Change: Supreme Court advocates replacing “child pornography” with “Child Sexual Exploitative and Abuse Material” (CSEAM) to avoid trivialization of the crime.
• Amendment Call: Court urged Parliament to amend the POCSO Act and advised promulgating an ordinance for immediate effect.

Key Highlights of the Ruling

• Redefinition of Terminology: Emphasizes that "pornography" may imply consensual acts, misrepresenting the nature of child exploitation.
• Expansion of Section 15 of the POCSO Act:
  • Possession Without Reporting: Individuals must delete or report any stored CSEAM; failure results in penalties.
  • Intent to Transmit: Possessing CSEAM with intent to share, barring reporting, is punishable.
  • Commercial Possession: Storing CSEAM for commercial purposes faces the strictest penalties.
• Concept of Inchoate Offenses: Classifies offenses related to CSEAM as preparatory actions towards further crimes.
• Redefinition of Possession:
  • Includes "constructive possession," where individuals can be liable without direct physical possession.
  • Watching CSEAM online without downloading can still be deemed possession.
• Educational Reforms:
  • Court urged for comprehensive sex education to counter stigma and misconceptions.
  • Curriculum should cover consent, healthy relationships, and respect for diversity.
• Awareness of the POCSO Act: Central and state governments are mandated to promote awareness, supported by the National Commission for Protection of Child Rights (NCPCR).
• Formation of Expert Committee: To develop programs for health and sex education while increasing POCSO awareness among children.
• Victim Support and Awareness: Emphasized the need for psychological support, counseling, and educational assistance for victims.

Status of Crimes Against Children

• Increasing Incidents: India leads in online child sexual abuse imagery, with 25,000 uploads reported from April to August 2024.
• Geographical Distribution: Major uploads identified in Delhi, Maharashtra, Gujarat, Uttar Pradesh, and West Bengal.
• Rising Cases: From 331 cases in 2017 to 781 in 2018, with 1,171 cases of inappropriate content dissemination reported in 2022.

Overview of the POCSO Act

• Purpose: Addresses sexual exploitation and abuse of children, defining a child as anyone under 18.
• Features:
  • Gender-Neutral: Recognizes that both genders can be victims.
  • Victim Confidentiality: Mandates protection of victims’ identities.
  • Mandatory Reporting: Requires reporting of suspected abuse.

Gaps in Implementation

• Support Persons: Lack of designated support persons for victims; 96% of cases showed inadequate support during legal processes.
• POCSO Courts: Only 408 designated courts across 28 states as of 2022, leading to access issues.
• Special Prosecutors: Shortage of trained public prosecutors for POCSO cases.

Conclusion

• Call for Collaboration: Emphasizes the need for a coordinated approach involving educators, healthcare providers, and law enforcement to combat child sexual exploitation.
• Societal Responsibility: A shift in societal attitudes is essential for preventing victimization and ensuring recovery for victims.

In News:

According to the latest report under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by the Social Justice and Empowerment Ministry, the majority of atrocities against Scheduled Tribes (STs) were also concentrated in 13 states, which reported 98.91% of all cases in 2022.

• Case Statistics:
  • Total cases of atrocities against Scheduled Castes (SCs): 51,656
  • Total cases against Scheduled Tribes (STs): 9,735
  • 97.7% of SC cases and 98.91% of ST cases reported from 13 states.
• States with Highest Incidents:
  • SCs:
    • Uttar Pradesh: 12,287 cases (23.78%)
    • Rajasthan: 8,651 cases (16.75%)
    • Madhya Pradesh: 7,732 cases (14.97%)
    • Other significant states: Bihar (6,799), Odisha (3,576), Maharashtra (2,706)
  • STs:
    • Madhya Pradesh: 2,979 cases (30.61%)
    • Rajasthan: 2,498 cases (25.66%)
    • Odisha: 773 cases (7.94%)
    • Other significant states: Maharashtra (691), Andhra Pradesh (499)
• Charge Sheets and Investigations:
  • SC-related cases: 60.38% resulted in charge sheets; 14.78% ended with final reports (false claims/lack of evidence).
  • ST-related cases: 63.32% led to charge sheets; 14.71% concluded similarly.
  • Pending investigations by end of 2022: 17,166 SC cases, 2,702 ST cases.
• Conviction Rates:
  • Decline from 39.2% in 2020 to 32.4% in 2022.
• Infrastructure Deficiencies:
  • Only 194 out of 498 districts in 14 states have established special courts for these cases.
  • Lack of identified atrocity-prone areas in states like Uttar Pradesh despite high case numbers.
• Protection Cells:
  • SC/ST protection cells established in multiple states and union territories.

Reasons for Atrocities Against SCs and STs

• Caste Prejudice: Deep-rooted hierarchies and social exclusion lead to violence.
• Land Disputes: Conflicts over land access among historically deprived SC/ST communities.
• Economic Marginalization: Limited access to education and resources heightens vulnerability.
• Power Imbalance: Dominant castes wield political and social influence, perpetuating discrimination.
• Inadequate Law Enforcement: Weak implementation of protective laws and bureaucratic bias hinder justice.
• Political Exploitation: Caste tensions are sometimes used for electoral gains.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

• Objective: Protect SCs and STs from caste-based violence and discrimination.
• Key Provisions:
  • Defines various offences against SC/ST members, prescribing stricter punishments.
  • Excludes anticipatory bail provisions for accused under the Act.
  • Mandates establishment of special courts for speedy trials.
  • Investigations must be conducted by senior police officers and completed within stipulated time frames.
• Recent Amendments:
  • 2015: Enhanced protections for SC/ST women.
  • 2019: Restored original provisions for arrest procedures following a Supreme Court ruling.

Recommendations for Improvement

• Strengthen Legal Framework: Establish more special courts and train personnel in sensitive handling of SC/ST cases.
• Improve Reporting Mechanisms: Enhance systems for victims to report atrocities without fear.
• Awareness Campaigns: Educate communities on SC/ST rights and legal protections.
• Targeted Interventions: Identify and address issues in atrocity-prone districts.
• Monitoring and Evaluation: Implement frameworks for accountability and continuous improvement in addressing these issues.
• Collaborate with NGOs: Work with civil society to support victims and advocate for their rights.

In News:

The Union cabinet has recently approved the "One Nation, One Election" proposal, facilitating the conduct of simultaneous elections in India. This initiative follows a report submitted in March by a high-level committee chaired by former President Ram Nath Kovind, which unanimously recommended synchronizing Lok Sabha and State Assembly elections, along with local body polls, within 100 days.

What are Simultaneous Polls?

Simultaneous polls aim to align the timing of Lok Sabha and State Assembly elections across all states, thereby reducing the frequency of elections. Historically, simultaneous elections were held during the first four general election cycles (1952, 1957, 1962, and 1967), but this practice ended in 1959 after the dismissal of the Kerala government. Since then, due to premature dissolutions of various Assemblies, elections have been staggered. Currently, only four states—Andhra Pradesh, Odisha, Arunachal Pradesh, and Sikkim—hold simultaneous elections with the Lok Sabha.

Arguments For and Against

Proponents argue that simultaneous elections can significantly reduce election-related costs, which amounted to approximately ?3,870 crore during the 2014 general elections. They also highlight that the Model Code of Conduct triggers twice in a five-year cycle, leading to extended periods of governance downtime.

Opponents caution that this approach may favor larger political parties with national reach, potentially sidelining smaller regional parties. A 2015 study found that the likelihood of a party winning both Lok Sabha and Assembly elections when held simultaneously is 77%, dropping to 61% if elections are spaced six months apart.

Implementation Process

The committee proposed a two-step implementation:

1. Simultaneous Elections: Conduct elections for both the Lok Sabha and State Legislative Assemblies together.
2. Synchronizing Local Elections: Hold elections for municipalities and panchayats within 100 days following the general elections.

Following the announcement of the "appointed date," the terms of all State Assemblies constituted after that date would end with the Lok Sabha's term. This could lead to most State governments not completing their five-year terms, even if they maintain a majority.

Required Constitutional Changes

Several amendments to the Constitution have been proposed:

1. Introduction of Article 82A: This would require all Legislative Assemblies elected after the appointed date to conclude with the Lok Sabha’s term.
2. Amendment of Article 327: Expanding Parliament's powers to include the conduct of simultaneous elections.
3. Revisions to Articles 83 and 172: Defining the five-year term as the "full term" and any remaining period after premature dissolution as the "unexpired term."
4. Introduction of Article 324A: Empowering Parliament to ensure that municipality and panchayat elections occur alongside general elections.
5. Amendments for Union Territories: Ensuring that Assembly elections in Union Territories align with simultaneous elections.
6. Single Electoral Roll: Proposing a common electoral roll for all elections, to be managed by the Election Commission of India (ECI).

State Ratification

Under Article 368, amending the Constitution may require ratification by state legislatures. The panel believes that syncing Assembly elections with Lok Sabha elections will not need state ratification, but amendments for a common electoral roll and synchronization of local elections will require cooperation from the states. The ruling BJP, currently in power in several states, will need to navigate upcoming Assembly elections in Haryana, Maharashtra, and Jharkhand to secure this support.

Conclusion

The "One Nation, One Election" initiative aims to streamline India's electoral process, potentially enhancing governance and reducing costs. However, its success depends on achieving political consensus and implementing necessary constitutional amendments, which will require collaboration among various political parties and state governments.

In News:

Fast-track special courts (FTSCs) are much more efficient than other courts in handling rape cases and those related to the Protection of Children from Sexual Offences (POCSO) Act, a report released by the India Child Protection.

Key Details:

West Bengal's Performance

• West Bengal recorded less than a 2% disposal rate for rape and POCSO cases, the lowest in India.
• Only five out of 123 earmarked FTSCs are currently functioning in the state.

Overview of the India Child Protection (ICP)

• Established in 2005, the ICP is dedicated to combatting child sexual abuse and related crimes, including:
  • Child trafficking
  • Exploitation of children in the digital space
  • Child marriage

Efficiency of FTSCs

• The ICP report titled "Fast Tracking Justice" highlighted that FTSCs disposed of 83% of cases in 2022, compared to 10% by conventional courts.
• As of August 2023, 755 out of 1,023 earmarked FTSCs were operational.
• Among these, 410 FTSCs are exclusively for POCSO cases.

Historical Context

• The FTSC scheme was launched by the Centre in October 2019, following a Supreme Court directive for ensuring the swift disposal of cases, related to rape and those coming under the Protection of Children from Sexual Offences (POCSO) Act.
• It is a centrally sponsored scheme.
• Implemented by the Department of Justice, Ministry of Law and Justice.

Case Disposal Statistics

• FTSCs have disposed of 52% of the 4,16,638 rape and POCSO cases since the scheme's inception.
• Disposal rates improved from 83% in 2022 to 94% in 2023.

State-wise Disposal Rates

• Top Performing States:
  • Maharashtra: 79.5%
  • Punjab: 71.3%
  • Kerala (Southern India): 69.5%
  • Karnataka: 62.2%
  • Tamil Nadu: 58.4%
• Lowest Performing States:
  • West Bengal: 1.6%
  • Jammu and Kashmir: 25%
  • Meghalaya: 26.6%
  • Delhi: 28.3%

Note: No data was available for Arunachal Pradesh, Ladakh, and Sikkim.

Need for Additional FTSCs

• The ICP report states that India needs at least 1,000 more FTSCs to manage the backlog effectively.
• The backlog of pending cases rose from 2,81,049 in 2020 to 4,17,673 by the end of 2022.

Advocacy for Reform

• Bhuwan Ribhu, a child rights activist, emphasized the urgent need for FTSCs to ensure justice for victims:
  • Investment in the safety and security of women and children is crucial.
  • All pending cases should be resolved within the next three years.
  • Rehabilitation and compensation for victims should be prioritized.
  • Time-bound policies for case disposal across all courts are necessary.

Funding and Resource Utilization

• The ICP report recommends optimizing the Nirbhaya Fund, created after the 2012 Delhi gang rape, to support additional FTSCs.
• There is currently ?1,700 crore unutilized, while the requirement for operationalizing new FTSCs is ?1,302 crore.

In News:

Karnataka marked the 'International Day of Democracy' by forming a 'historic' 2,500-km-long human chain as a symbol of equality, unity, fraternity, and participative governance. The massive human chain, which according to the Karnataka government will be the "world's longest", is being formed across the state from Bidar to Chamarajanagar, covering all 31 districts.

Key Highlights:

• Democracy Day is an annual celebration observed on September 15.
• The United Nations General Assembly established this day in 2007 to emphasise the global significance of democracy. It serves as a reminder that democracy is not merely a fixed condition, but an ongoing pursuit. It calls for active engagement from international organizations, nation-states, civil society and people to pursue the democratic idea.

International Day of Democracy History

• The International Day of Democracy was accredited by the United Nations General Assembly (UNGA) on November 8, 2007, by passing a resolution entitled “Support by United Nations system of efforts of governments to promote and consolidate new or restored democracies.”
• September 15 was chosen to coincide with the anniversary of the Inter-Parliamentary Union’s Universal Declaration on Democracy, which was adopted in Geneva on September 15, 1997.
• This declaration outlines the tenets of democracy proclaiming that democracy is “a system of government based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation, through free and fair periodic elections, in the composition of their representative government.”
• After the Universal Declaration on Democracy, Qatar spearheaded the campaign to observe an International Day of Democracy at the United Nations.
• The first-ever International Day of Democracy was held in 2008.

International Day of Democracy Significance

• The International Day of Democracy evaluates global democracy, emphasising that it requires commitment and engagement from the international community, the national state governments, civil societies and individuals.
• The day also reminds the nations of the need to uphold the principles of democracy such as the freedom of speech enshrined in Article 19 of the United Nations Universal Declaration of Human Rights.

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

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