PT 360 Polity October 2024: UPSC Prelims 2025

Free Legal Aid 

News Context

The Supreme Court (SC) has issued directives to Legal Services Authorities (LSAs) to ensure free legal aid is accessible to prison inmates.

SC Directives to Ensure Free Legal Aid for Prison Inmates

• Strengthening Legal Services Authorities (LSAs): The National Legal Services Authority (NALSA), in collaboration with state and district-level authorities, must implement the SOP-2022 effectively and update it periodically.
• Monitoring Prisoner Legal Aid Clinics (PLACs): LSAs should regularly review the functioning of PLACs to ensure their effectiveness.
• Data-Driven Improvements: LSAs must update statistical data periodically and address any issues identified through its analysis.
• Auditing Legal Aid Defence Counsels: Regular inspections and audits of Legal Aid Defence Counsels’ work should be conducted to maintain standards.
• Awareness Generation: Enhance awareness about legal aid schemes and services through localized literature and appropriate promotional methods.
• Effective Communication:
  
  • LSAs should interact periodically with convicts, Jail Visiting Lawyers (JVLs), and Para Legal Volunteers (PLVs).
  • High Courts may display legal aid information on their official websites.
• Periodic Reporting:
  
  • District Legal Services Authorities (DLSAs) should submit regular reports to State Legal Services Authorities (SLSAs), which in turn report to NALSA.
  • The reporting process can be digitized for better accessibility.

About Free Legal Aid in India

What is Free Legal Aid?

• Legal aid involves providing free legal services to individuals unable to afford legal representation or access to justice.
• Services include legal advice, court representation, mediation, negotiation, and alternative dispute resolution mechanisms.

Constitutional Provisions for Legal Aid:

• Article 21: Ensures no individual can be deprived of life or liberty except through lawful procedures.
• Article 39-A: Mandates 'Equal Justice and Free Legal Aid' to prevent economic or other disabilities from hindering access to justice (introduced by the 42nd Constitutional Amendment, 1976).

Statutory Provisions:

• Legal Services Authorities Act, 1987 (enforced in 1995):
  
  • Established legal services authorities to provide free and competent legal aid to weaker sections.
  • Institutions under this act:
    
    1. National Legal Services Authority (NALSA)
    2. State Legal Services Authorities (SLSAs)
    3. District Legal Services Authorities (DLSAs)
• Section 341 of the Bhartiya Nagarik Suraksha Sanhita, 2023: Ensures state-funded legal aid for accused individuals who lack the means to hire legal representation.

The National Legal Services Authority (NALSA)

Overview:

• A statutory body established under the Legal Services Authorities Act, 1987 to provide free and competent legal aid to underprivileged sections of society.
• Key Functions:
  
  • Formulating policies, principles, and guidelines for effective implementation of legal aid programs across the country.
  • Monitoring and evaluating the execution of legal aid schemes.
  • Organizing Lok Adalats for amicable settlement of disputes.
• Eligibility for Free Legal Aid:
  
  • Categories of Beneficiaries:
    
    • Women and children.
    • Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • Industrial workers.
    • Victims of mass disasters, violence, floods, droughts, earthquakes, or industrial mishaps.
    • Persons with disabilities.
    • Individuals in custody, including those in protective homes, juvenile homes, or psychiatric hospitals.
    • Victims of human trafficking or forced labor.
  • Income Limits:
    
    • Annual income not exceeding ₹1,00,000 (states may prescribe higher limits).
    • For cases under the Supreme Court Legal Services Committee, the income limit is ₹5,00,000.

Government Initiatives to Address Challenges

• DISHA Scheme: Aims to strengthen the pre-litigation mechanism for holistic justice.
• Tele-Law Program: Provides legal advice through expert lawyers associated with State Legal Services Authorities (SLSAs).
• Nyaya Bandhu Program: Encourages lawyers to volunteer for pro bono services to assist underprivileged litigants.
• Nyaya Mitra Program: Facilitates the resolution of long-pending cases (10–15 years) in High Courts and subordinate courts.
• Lok Adalat: An alternative dispute resolution mechanism for settling cases at pre-litigation or court-pending stages.
  
  • Key Features:
    
    • No court fee for cases filed in Lok Adalats.
    • Disputes are resolved amicably without formal court proceedings.

Related News: SARTHIE 1.0

• The Department of Social Justice and Empowerment (DoSJE) and the National Legal Services Authority (NALSA) have jointly launched SARTHIE 1.0.

About SARTHIE 1.0

• Objective: To uplift marginalized groups, including Scheduled Castes, Transgenders, Denotified and Nomadic Tribes, by fostering awareness, providing legal assistance, and ensuring better access to welfare schemes.
• Key Feature: Facilitates collaboration between the executive and judiciary to advance the cause of social justice.

International Telecommunication Union (ITU) 

ITU’s World Telecommunication Standardization Assembly (WTSA) 2024 in New Delhi

• WTSA serves as the decision-making conference overseeing the ITU's standardization efforts and is convened every four years.
• For the first time, India and the Asia-Pacific region are hosting the ITU-WTSA.

About ITU

• Established: Formed in 1865 with the signing of the International Telegraph Convention in Paris, initially as the International Telegraph Union.
• Functions:
  
  • Operates as the UN’s specialized agency for digital technology.
  • Promotes innovation and universal connectivity to build a better future.
• Membership: Comprises 193 member states, including India.
• Headquarters: Located in Geneva, Switzerland.

Jan Yojana Abhiyan 

News Context

The Ministry of Panchayati Raj has launched the People’s Plan Campaign (Jan Yojana Abhiyan) for preparing Panchayat Development Plans (PDPs) for the financial year 2025–26.

About Jan Yojana Abhiyan (People’s Plan Campaign)

• Objective: To boost public involvement in crafting the Panchayat Development Plans (PDPs).
• Launch Details: Initiated on October 2, 2018, as ‘Sabki Yojana Sabka Vikas’ by the Ministry of Panchayati Raj.
• Implementation: Conducted across all three tiers of Panchayats with participation from Elected Representatives, Government Frontline Workers, Community-Based Organizations (CBOs) like Self Help Groups (SHGs), and other stakeholders.
• Key Features of the Campaign:
  
  • Structured Meetings: Organize Ward Sabha, Mahila Sabha, Gram Sabha, Block Sabha, and District Sabha to prepare Gram Panchayat Development Plans (GPDPs), Block Panchayat Development Plans, and District Panchayat Development Plans for FY 2025–26.
  • Planning Process:
    
    • Develop a Gram Sabha-wise calendar.
    • Identify thematic developmental gaps using the Panchayat Development Index (PDI).
    • Thematic Focus:
      
      • Align plans with Sustainable Development Goals (SDGs) using a ‘Whole of Government and Whole of Society’ approach.
      • The PDI, a multi-domain, multi-sectoral tool, assesses panchayats' holistic development, performance, and progress.
  • Inclusive Participation:
    
    • Involve diverse demographics, including youth and senior citizens (aged 75+), to assist in GPDP preparation.
    • Partner with the Unnat Bharat Abhiyan (UBA), engaging over 15,000 students from Higher Education Institutions (HEIs) in the planning process.
  • Transparency: Publish the finalized GPDPs on the e-Gram Swaraj Portal.

Constitutional Provisions

• Article 40 (Directive Principles of State Policy): Advocates the establishment of Village Panchayats and entrusting them with powers and authority necessary for functioning as units of self-government.
• 73rd and 74th Constitutional Amendment Acts: Provide constitutional recognition and legitimacy to Local Self-Government institutions.
• Article 243G: Designates Panchayats as self-governing institutions and assigns them the responsibility to prepare plans for economic development and social justice.
  
  • This responsibility includes addressing 29 subjects listed under the Eleventh Schedule of the Constitution.

People’s Participation

• Refers to the direct involvement of stakeholders in decision-making processes that impact their lives.

Forms of Participation

• Participation as a Right: Recognizes the right of every individual to engage in public affairs, such as the right to vote in a democracy.
• Participation as a Process: Involves using participation as a tool to implement programs and achieve specific objectives, such as the social audit of MGNREGA.
• Participation as an End: Empowers people by providing access to resources and authority, enabling them to create sustainable opportunities, such as affirmative action for marginalized groups.

Right to Information (RTI) Act, 2005 

News Context

As the Right to Information (RTI) Act, 2005 approaches its 20th anniversary in 2025, it is essential to evaluate its achievements and address the challenges it faces.

About the RTI Act, 2005

• Enactment: Passed in June 2005; effective from October 2005.
• Purpose: Grants citizens the right to access information under the control of Public Authorities (PAs).
• Nodal Agency: The Department of Personnel and Training, under the Ministry of Personnel, Public Grievances and Pensions (MoPPG&P).

Background:

• The right to information is recognized globally as a human right, as outlined in:
  
  • Universal Declaration of Human Rights
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
• Freedom of Information Act, 2002: Enacted earlier to promote transparency and accountability, later replaced by the RTI Act, 2005.
• Legal Foundation: The Supreme Court in Raj Narayan v. Uttar Pradesh Government recognized the Right to Information as a fundamental right under Article 19 of the Indian Constitution.

Key Provisions of the RTI Act

1. Institutional Framework

• Central and State Information Commissions: Monitor implementation and address appeals related to non-disclosure.
• Public Information Officers (PIOs): Designated at Central and State levels to provide requested information.

2. Rights and Obligations

• Citizen Rights: Every citizen can seek information from a public authority.
• Public Authorities' Duties (Section 4):
  
  • Maintain records systematically.
  • Proactively disclose specified categories of information to reduce formal requests.

3. Applicability

• Covers:
  
  • Government bodies established under the Constitution, laws by Parliament/State Legislatures, or government orders.
  • Organizations substantially funded by Central/State Governments (including NGOs).

4. Exemptions

• Section 8: Certain information is exempt from disclosure.
• Second Schedule: Exempts intelligence/security organizations (e.g., Intelligence Bureau, RAW, CERT-In, NTRO, etc.).

5. Jurisdictions

• Lower Courts: Barred from hearing suits/applications under the RTI Act.
• Supreme Court/High Courts: Writ jurisdiction under Articles 32 and 226 remains unaffected.

6. Other Key Provisions

• Penalties: Imposed for failure to provide timely, accurate, or complete information.
• Response Time:
  
  • General requests: Within 30 days.
  • Matters involving life or liberty: Within 48 hours.
• Appeals: Citizens can appeal against PIO decisions if denied or inadequately addressed.

Amendments to the RTI Act

• Right to Information (Amendment) Act, 2019:
  
  • Changed employment terms for Central and State Information Commissioners.
  • Empowered the Central Government to determine their salaries, allowances, and service conditions.
• Digital Personal Data Protection (DPDP) Act, 2023:
  
  • Amended Section 8(1)(j) of the RTI Act to exempt all personal information from disclosure.

Examples of Cases Where Information is Exempt from Disclosure (Section 8)

• National Security and Sovereignty: Information that impacts the sovereignty, integrity, security, or strategic interests of India.
• Commercial and Economic Interests: Includes trade secrets, commercial confidence, scientific interests, and intellectual property matters.
• Confidentiality Obligations: Information received in confidence from foreign governments.
• International Relations: Information that may affect India's relations with foreign states.
• Public Order and Safety: Information that could lead to incitement of offenses or endanger the life or physical safety of individuals.
• Legislative Privilege: Breaches the privilege of Parliament or State Legislatures.
• Cabinet Deliberations: Pertains to Cabinet papers.
• Legal Prohibitions: Explicitly forbidden for publication by a court or tribunal.
• Law Enforcement: Impedes investigation, apprehension, or prosecution of offenders.
• Contempt of Court: Information that may constitute contempt of court.
• Personal Privacy: Relates to personal information.

Universal Postal Union (UPU) 

• The Department of Posts, India, has issued commemorative postage stamps to celebrate the 150th anniversary of the Universal Postal Union (UPU).
• India Post, recognized as the world's largest postal network, is also commemorating 170 years since its establishment.

Universal Postal Union (UPU)

• Founded on October 9, 1874, as the General Postal Union through the Treaty of Bern.
  
  • It is the second-oldest international organization, following the International Telecommunication Union (ITU), established in 1865.
  • World Post Day is observed annually on October 9 to mark UPU's founding anniversary.
• Headquarters: Bern, Switzerland.
• Membership: Comprises 192 countries, with India being one of its oldest and most active members. The UPU functions as a specialized agency of the United Nations.

Supreme Court Questions Feasibility of Gram Nyayalayas 

Supreme Court's Concerns on Gram Nyayalayas

The Supreme Court has expressed doubts about the practical implementation of Gram Nyayalayas (village courts) as required by the Gram Nyayalayas Act, 2008.

Purpose of Gram Nyayalayas

• Gram Nyayalayas aim to ensure justice is accessible to all citizens, regardless of social, economic, or other disadvantages.

Key Issues Highlighted by the Supreme Court

• Obligation to Establish Gram Nyayalayas: Section 3 of the Act states that state governments "may" establish Gram Nyayalayas, raising ambiguity over whether it is mandatory.
• Resource Constraints: States already grappling with limited budgets for regular courts face challenges in allocating resources for additional Gram Nyayalayas.
• Increased Workload: High courts may face a surge in appeals and writ petitions due to decisions made by Gram Nyayalayas.

Key Features of Gram Nyayalayas

• Location:
  
  • Typically set up at the intermediate Panchayat level or for a cluster of Panchayats.
  • A 'Nyayadhikari' (judicial officer) is appointed by the state government in consultation with the high court.
• Jurisdiction: Functions as a mobile court with both civil and criminal jurisdiction.
• Dispute Resolution Process:
  
  • Emphasis on resolving disputes through conciliation, with the help of appointed social workers as conciliators.
  • Decisions are guided by the Principles of Natural Justice, rather than the Indian Evidence Act, 1872 (now Bharatiya Sakshya Adhiniyam).

Current Status of Implementation

• The initial target was to establish about 2,500 Gram Nyayalayas, but fewer than 500 have been set up.
• Currently, only 314 Gram Nyayalayas are operational across India.
• Progress has been noted in states like Maharashtra, Madhya Pradesh, and Rajasthan, whereas major states like Uttar Pradesh and Bihar have lagged behind or shown minimal implementation.

Government Initiatives to Support Gram Nyayalayas

• Under the Centrally Sponsored Scheme (CSS) for Gram Nyayalayas, the Union Government provides financial assistance to states to facilitate their establishment and functioning.

Section 6A of Citizenship Act 

• A Constitution Bench of the Supreme Court upheld the validity of Section 6A of the Citizenship Act.
• Section 6A: Introduced through the Citizenship Amendment Act, 1985, it was enacted in line with the Assam Accord—a Memorandum of Settlement between the central government and Assam Movement leaders.
  
  • Granted citizenship to migrants from East Pakistan (now Bangladesh) who entered Assam between January 1, 1966, and March 24, 1971, after completing 10 years from the date they were identified as foreigners.

Key Points of the Supreme Court Judgment:

• Parliament's Legislative Authority: Section 6A is valid as it was enacted under Article 246, linked to Entry 17 of the Union List (List I), which pertains to citizenship, naturalization, and aliens.
• Article 14 - Equality Before Law: The unique migrant situation in Assam justifies the state's special citizenship provisions and does not violate equality principles.
• Cultural Impact (Article 29(1)): No substantial evidence was found to show that migrants negatively affected the cultural rights of the Assamese people.
• Cutoff Date of March 24, 1971:
  
  • Considered reasonable as it aligns with historical events like Operation Searchlight (March 26, 1971), launched by the Pakistani Army to suppress the Bangladeshi nationalist movement.
  • Migrants after this date were viewed as war refugees rather than partition-era migrants.

About the Citizenship Act, 1955:

• Outlines five modes of acquiring citizenship: by birth, descent, registration, naturalization, and incorporation of territory.
• No provision for dual citizenship.
• The Citizenship Amendment Act, 2019 exempts Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, or Pakistan, who arrived before December 31, 2014, from being considered illegal migrants.

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