PT 360 Polity September 2024: UPSC Prelims 2025

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2023 Amendment to Rule 3 of It Rules 2021

  • The Bombay High Court has invalidated the 2023 amendment to Rule 3 of the IT Rules that required the creation of Fact Checking Units (FCU).
  • The ruling was made in the case of Kunal Kamra vs Union of India in 2024.

Background

  • The 2023 amendment to the IT Rules allowed the Government to identify and remove fake news related to its business on social media platforms through FCU.
  • Intermediaries were required to flag and remove such news, or face legal action and loss of safe harbor protection.
  • The Supreme Court in 2023 halted the establishment of FCU in the Press Information Bureau as notified by the Centre.

Key Observations by the HC

  • Rules are considered unconstitutional under the IT Act, 2000
  • Violate Principles of Natural Justice and Fundamental Rights under Articles:
    • Article 14 guarantees equality before the law.
    • Article 19(1)(a) protects freedom of speech and expression.
    • Article 19(1)(g) ensures the freedom to practice any profession.
    • Article 21 guarantees the right to life and personal liberty.
  • Lack clarity in defining fake or misleading news
  • Absence of "right to the truth" means the State is not responsible for providing accurate information
  • Rules do not meet the test of proportionality

Test of Proportionality requires that Measures to restrict Fundamental rights must satisfy

  • Legitimacy: Determines if the law aligns with a legitimate government objective.
  • Suitability: Examines if the law is effective in achieving its intended purpose.
  • Necessity: Considers if the law is necessary or if there are less restrictive alternatives.
  • Balancing: Weighs the benefits of the law against the potential infringement of rights.

Asian Organization of Supreme Audit Institutions (ASOSAI)

Proposal for removal: The President of India participated in the inaugural event of the 16th ASOSAI Assembly hosted by the Comptroller and Auditor General (CAG) of India in New Delhi.

About ASOSAI:

  • ASOSAI is a Regional Group within the International Organization of Supreme Audit Institutions.
  • Founded in 1979 with 11 members, ASOSAI now has 48 member countries.
  • The inaugural Assembly and Governing Board meeting took place in New Delhi, India.
  • India currently holds the chairmanship of ASOSAI.
  • The Rules and Regulations of ASOSAI were officially approved at the Assembly meeting.

‘Black Coat Syndrome’ in Courts

  • The President addressed the issue of 'Black Coat Syndrome' and emphasized the importance of the Supreme Court prioritizing justice for everyone.
  • He pointed out the prolonged wait for justice and explained that the term refers to the anxiety felt by regular individuals in courtrooms.
  • The term is compared to 'White Coat Hypertension', which is the rise in blood pressure experienced by individuals in medical settings.

Reasons for such perception: High Pendency in the Supreme Court

  • As of August 31, there are 82,887 pending cases in the Supreme Court according to the National Judicial Data Grid.
  • Delays in deciding serious crimes like rape contribute to the public perception of insensitivity in the judicial system.

Frequent Adjournments and its Impact: Frequent adjournments in court cases cause significant mental and financial pressure, especially for individuals traveling from villages to courts.

Issues with District Judiciary

  • Only 6.7% of court infrastructure at the district level is female-friendly, highlighting issues with gender inclusivity.
  • District-level courts play a crucial role in shaping the public's perception of the judiciary.

Steps taken to address these issues

  • Modernizing the Judiciary:
    • Initiatives such as e-Courts and the Tele-Law programme are being implemented to modernize the judiciary.
    • These initiatives aim to integrate the judiciary and improve the efficiency of the legal system.
  • Alternate Modes of Resolution:
    • Pre-litigation dispute resolution methods like Lok Adalat are being promoted as alternate modes of resolving legal disputes.
    • These methods aim to reduce the burden on the judiciary and provide quicker resolutions for parties involved.
  • Addressing Infrastructure Gaps:
    • The Centrally Sponsored Scheme for Judicial Infrastructure is being used to address infrastructure gaps in the judiciary.
    • This scheme aims to improve the physical infrastructure of courts and other judicial facilities.
  • Reforming Laws to Reduce Pendency:
    • The Supreme Court recently applied Section 479 of the Bharatiya Nagarik Suraksha Sanhita retrospectively to first-time offenders, making bail accessible to undertrials.
    • This reform aims to reduce the backlog of cases in the legal system and provide relief to undertrials.
  • Institutionalization of Pro Bono Culture:
    • Initiatives like the Nyaya Bandhu programme are being implemented to institutionalize a pro bono culture in the legal profession.
    • This program aims to provide free legal services to those who cannot afford legal representation, promoting access to justice for all.

Global AI Governance

News Context

The COE has introduced the first legally binding international treaty on AI, known as the Framework Convention on Artificial Intelligence, which focuses on human rights, democracy, and the rule of law. It is now available for countries to sign.

  • COE, established in 1949, consists of 46 member countries such as Japan, the U.S., and EU nations.
  • The Framework Convention was proposed in 2019 by the ad hoc Committee on Artificial Intelligence (CAHAI) to explore its viability.
  • It is in line with recent regulations and agreements like the G7 AI pact, Europe's AI Act, and the Bletchley Declaration.

Key provision of the Framework Convention

  • Scope of the agreement: Addresses the use of AI systems by public authorities and private actors acting on their behalf, as well as private actors.
  • Obligations of signatories: Parties must implement laws, regulations, or other actions to ensure that activities involving artificial intelligence systems comply with human rights laws, both internationally and domestically.
    • These measures should not be used to weaken or interfere with democratic institutions and processes.
  • Technology-neutral approach: The agreement does not regulate specific technologies and remains neutral towards different AI systems.
  • Risk-based approach: Emphasizes the importance of considering risks in the design, development, and decommissioning of AI systems on a global scale.
  • Exceptions: The agreement does not cover national defence matters or general research and development activities, unless they have the potential to impact human rights, democracy, or the rule of law.
  • Fundamental principles: Highlights key principles related to activities within the lifecycle of AI systems, as shown in the infographic.

What is the need for global AI governance?

  • Risk Mitigation: Global governance can establish guidelines to reduce global risks related to AI systems such as job displacement, discrimination, misuse in surveillance and military applications, and AI Arms Races.
  • Threat to democratic functioning: Disinformation and deep fakes have the potential to undermine the integrity of democratic processes.
  • Tackling Inequities: Many developing nations, especially in the global South, lack representation in global AI governance discussions, leading to an uneven landscape.
  • Transboundary nature: Issues like data privacy and security related to AI systems can have simultaneous impacts on multiple countries.
  • AI Misalignment: This occurs when AI systems do not align with human intentions, leading to problems like unsafe medical recommendations, biased algorithms, and issues in content moderation.
  • Wide scale deployment: AI systems are increasingly being utilized in decision-making processes in critical sectors such as healthcare, finance, and law enforcement.

Steps taken to regulate AI

In India

  • National Strategy for Artificial Intelligence (NSAI): NITI Aayog launched #AIforAll strategy to utilize AI in healthcare, agriculture, and education sectors.
  • Principles for Responsible AI: NITI Aayog introduced "Principles for Responsible AI" focusing on ethics and accountability. "Operationalizing Principles for Responsible AI" provided actionable steps for implementation by government and private sector.
  • National Program on AI (India AI): MeitY initiated India AI program to promote AI innovation, skill development, and address ethical concerns.
  • Digital Personal Data Protection Act: Enhances data protection for individuals and addresses privacy concerns related to AI.
  • Global Partnership on AI (GPAI): India is a GPAI member, engaging in global discussions on responsible AI and aligning strategies with international standards.

Global

  • G7 Agreement on AI: Aims to create a global framework for responsible AI development, with voluntary participation.
  • Europe's AI Act: First major regulation on AI in Europe, categorizing applications into different risk levels.
  • The Bletchley Declaration: Signed by 28 countries and the EU, it establishes a common understanding of the opportunities and risks of frontier AI.

Grievance Redressal Mechanism

News Context

The Ministry of Personnel, Public Grievances & Pensions (MoPPG&P) has recently released detailed guidelines for managing public complaints in a timely, accessible, and effective manner.

Key highlights of Comprehensive Guidelines for Handling Public Grievances

  • A user-friendly platform for filing grievances will be integrated with CPGRAMS to streamline the process for citizens.
  • Nodal Officers will be appointed in all Ministries/Departments to promptly and fairly address public grievances.
  • Each Ministry/Department will have a dedicated Grievance Cell with knowledgeable staff and resources to efficiently handle complaints.
  • The timelines for addressing grievances have been shortened from 30 days to 21 days for more efficient resolution.
  • Ministries and Departments will be ranked based on their grievance redressal performance, with assessment indexes issued monthly.
  • The 2024 Policy Guidelines reflect advancements in technology and the adoption of a 10-step reform process.
  • In 2022, the government implemented 10-step reforms to improve the Centralised Public Grievance Redress and Monitoring System (CPGRAMS).

10 – step reforms of CPGRAMS

  • Making CPGRAMS universal by incorporating technological advancements like AI/ML
  • Translating the CPGRAMS portal into 22 Scheduled languages for wider accessibility
  • Implementing a Grievance Redressal Index and Feedback Call Centre for better operationalization
  • Integrating State Portals and other Grievance Portals with CPGRAMS to create a One Nation One Portal
  • Ensuring inclusivity and outreach by making CPGRAMS available in all Common Service Centres
  • Providing training and capacity building for Grievance Redressal Officers under the Sevottam scheme
  • Publishing monthly reports for Central Ministries/Departments and States/UT's
  • Establishing a Data Strategy Unit for data analytics purposes

About Grievance Redressal Mechanism (GRM)

  • The GRM of an organization is a crucial tool for evaluating its efficiency by offering insights into its operations.
  • The fundamental idea behind GRM is that citizens should have a mechanism to address grievances if promised services are not delivered or if their rights are not respected.
  • The Union Government has two main agencies responsible for handling grievances: the Department of Administrative Reforms and Public Grievances (DARPG) under the Ministry of Personnel, Public Grievances and Pensions, and the Directorate of Public Grievances under the Cabinet Secretariat.
  • Grievances have been addressed for nearly 60 lakh cases between 2022-2024 through the CPGRAMS portal.
  • The portal has identified and connected 1.01 lakh Grievance Redressal officers from various Ministries/Departments and States/UTs.
  • CPGRAMS is an online platform that allows citizens to submit grievances to public authorities at any time.
  • The portal is linked to all Ministries/Departments of the Government of India and States, providing role-based access to officers.

Other Initiatives taken for Grievance Redressal

  • Constitutional and statutory institutions- CVC, Lokayuktas, NHRC, SHRC, etc. have the authority to investigate complaints of corruption, abuse of office by public servants, and human rights violations.
  • Grievance Redressal Assessment Index (GRAI)- Developed by DARPG based on recommendations from the Parliamentary Standing Committee of MoPPG&P, GRAI aims to provide a comparative analysis of organizations' grievance redressal mechanisms and identify areas for improvement.
  • Pro-Active Governance and Timely Implementation (PRAGATI)- PRAGATI is a platform that addresses citizen grievances and monitors government programs at the Centre, State, and UT levels to ensure timely implementation.
  • E-Nivaran- Central Board of Direct Taxes' initiative to expedite the resolution of taxpayer grievances and complaints.
  • Citizen Charter- A tool to address issues faced by citizens when interacting with organizations that provide public services.

One Nation One Election

News Context

The Union Cabinet has approved the suggestions made by the High-Level Committee on Simultaneous Elections, led by former President Shri Ram Nath Kovind.

About Simultaneous Elections

  • Simultaneous Elections, also known as One Nation, One Election, involve holding elections for the House of the People, State Legislative Assemblies, and local bodies like Municipalities and Panchayats at the same time.
  • Simultaneous elections do not require all voting to take place on a single day across the country.
  • In India, simultaneous elections for the Lok Sabha and Vidhan Sabhas were conducted in 1951-52, 1957, 1962, and 1967.
  • The cycle of simultaneous elections was disrupted by the premature dissolution of State Assemblies in 1968-69 and the Lok Sabha in 1970.

Need for Simultaneous elections

  • Governance and development: Frequent elections delay development programs due to the Model Code of Conduct (MCC)
  • Frequent elections impact economic growth, investment decisions, and opportunity cost of deferred economic decisions
  • Conducting elections to all three tiers of the Government together would avoid disruption of supply chains and production cycles due to migrant workers seeking leave of absence to cast their vote
  • High financial burden: Holding simultaneous elections would reduce the massive expenditure incurred for conduct of separate elections every year
  • Diversion of human resources: Security forces and other electoral officers (like Teachers) are taken away from their primary duties for significantly prolonged periods
  • Reducing the burden on courts: Fewer elections mean fewer election-related disputes, reducing the workload on courts
  • Reducing identity politics: Frequent elections use identity politics, like caste and class, stirring division and disrupting societal cohesion
  • Voter participation: Staggered elections induce ‘voters’ fatigue’ and present a significant challenge in ensuring their participation.

Committees recommended for simultaneous elections

  • The 170th Report of the Law Commission of India was published in 1999.
  • The National Commission to Review the Working of the Constitution released its report in 2002.
  • The Parliamentary standing committee report was issued in 2015.
  • A working paper was published by NITI AAYOG in 2017.

Key highlights of High-Level Committee on Simultaneous Elections

The committee recommended holding simultaneous elections for the Lok Sabha, State Legislative Assemblies, and local bodies to alleviate the pressure on the government, businesses, courts, political parties, and civil society caused by frequent elections. The main recommendations include:

  • Election Synchronization: Elections should occur in two phases:
    • First Phase: Conduct Lok Sabha and State Legislative Assembly elections at the same time.
    • Second Phase: Hold local body elections (Panchayats and Municipalities) within 100 days following the general elections.
  • Proposed Constitutional Amendments: The committee suggested amendments to three Articles, the addition of 12 new sub-clauses to existing articles, and modifications to three laws concerning Union Territories with legislative assemblies.
Insert Article 82A Amendment of Article 83 (Duration of Houses of Parliament) and Article 172 (Duration of State Legislatures) Introduction of Article 324A
  • Article 82A (1) will specify that the President will issue a notification to bring Article 82A into effect on the date of the first sitting of the House of the People following a general election. This notification date will be referred to as the "Appointed Date."
  • Article 82A (2) will establish that all Legislative Assemblies formed during any general election conducted after the Appointed Date will terminate upon the completion of the full term of the House of the People.
  • In the event of a hung House, a no-confidence motion, or defections, new elections will be held to form the new Lok Sabha or State Assembly for the remaining duration of the previous full term of the House. This amendment aims to maintain the continuity of the Simultaneous Elections cycle.
  • Which pertains to conducting simultaneous elections for Municipalities and Panchayats alongside general elections, requires ratification by the states.
  • Single Electoral Roll: The Election Commission of India will prepare a unified electoral roll in collaboration with the State Election Commission(s) by modifying Article 325. This process involves amending State subjects related to Local Government within the 7th Schedule, Parts IX and IXA of the Constitution of India, which will require ratification by the States as stipulated in Article 368(2).
  • Need for State Ratification: The Committee noted that constitutional amendments affecting the terms of Parliament and state assemblies do not require state ratification. However, amendments concerning local bodies must be approved by at least half of the states.
  • Logistical Arrangements for Simultaneous Elections:
    • For elections to the House of the People and State Legislative Assemblies, the Election Commission of India will create a comprehensive plan for the timely procurement of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs), as well as for the deployment of polling staff and security forces.
    • For elections to Municipalities and Panchayati Raj institutions, the State Election Commission(s), in consultation with the Election Commission of India, will formulate a plan for the necessary logistical support.
  • Formation of an Implementation Group: An Implementation Group will be established to oversee the execution of this process.

Plea Bargaining

  • According to the Ministry of Law and Justice, only a very small percentage (0.11%) of cases were settled through plea bargaining in 2022.

About Plea Bargaining:

  • A plea bargaining agreement is when the accused admits guilt to a lesser offense or accepts a reduced sentence, agreed upon by both the defense and prosecution.
  • This practice was first introduced in 2006 as part of amendments to the Criminal Procedure Code.
  • According to section 290 of the Bangladesh National Social Security Act, plea bargaining is now time-bound, with applications needing to be made within 30 days of the charge being framed.
  • Plea bargaining is only applicable to offenses that carry a maximum punishment of seven years in prison, with additional limitations excluding cases involving crimes against women, children, or socio-economic offenses.

23RD Law Commission Constituted

  • The President has given the green light to the formation of the 23rd Law Commission, which will serve a three-year term starting from September 1, 2024, until August 31, 2027.

23rd Law Commission

  • Purpose: To assess and suggest improvements to the Indian legal system through legal reforms.
  • Structure: The committee will consist of a chairperson, four members, as well as ex-officio and part-time members. 
  • Responsibilities: The members will be tasked with reviewing current laws and procedures, identifying areas for enhancement, and proposing legal reforms to address any shortcomings in the system.

Terms of Reference (ToR)

  • Review/Repeal of Obsolete Laws:
    • Establish a Standard Operating Procedure for regularly reviewing existing laws to simplify them.
    • Recommend repealing or amending laws based on their relevance to current economic needs.
  • Law and Poverty: Analyze laws that impact individuals living in poverty and conduct audits of socio-economic legislation after enactment.
  • Review of Judicial Administration:
    • Ensure timely resolution of cases by reducing delays and clearing backlogs quickly.
    • Simplify processes and standardize rules across different high courts.
  • Directive Principles of State Policy (DPSPs): Evaluate current laws and propose reforms to effectively implement DPSPs and achieve the goals outlined in the Preamble.
  • Gender Equality: Enhance laws by examining them and suggesting amendments to promote gender equality.
  • Revision of Central Acts to Address Anomalies and Inequities: Review and update central laws to eliminate inconsistencies and unfairness.
  • Impact of Globalization on Food Security and Unemployment:
    • Study the effects of globalization on food security, unemployment, and marginalized populations.
    • Recommend measures to protect vulnerable groups.
  • Law Commission of India (LCI)
    • Type: Established through a Ministry of Law and Justice notification, it is a non-statutory body.
    • Aim: The main goal is to reform laws to enhance justice and promote good governance under the rule of law.
    • Activities: The body conducts research and provides recommendations based on specific Terms of Reference (ToRs).
    • History: Initially formed in 1834 by the Governor-General under the Charter Act of 1833, with Lord Macaulay as the first chairperson.

Rights of Detenu in Preventive Detention

  • In the case of Jaseela Shaji vs Union of India in 2024, the Supreme Court emphasized the importance of allowing detained individuals to effectively present their case against preventive detention.
  • Preventive detention refers to the act of detaining a person without a trial.

Highlights of the Judgment

  • The detainee must be given the reasons for their detention and the documents used to justify it.
  • Failure to provide these documents promptly would violate the detainee's right to make a proper defense under Article 22(5) of the Constitution.
  • Article 22(5) requires the authority detaining someone to inform them of the reasons for their detention and give them a chance to challenge the detention order as soon as possible.

Preventive Detention

  • Article 22(3) permits authorities to detain individuals for preventive purposes, like upholding public order or national security.
  • The constitution includes specific protections:
    • Preventive detention cannot exceed three months without approval from an Advisory Board.
    • Reasons for preventive detention must be communicated promptly.
    • Individuals must be given the earliest chance to make a representation.

Laws for preventive detention

  • The National Security Act was enacted in 1980.
  • The Unlawful Activities (Prevention) Amendment Act was passed in 1967.
  • The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act was established in 1974.
  • The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act was enacted in 1980.

Unified Pension Scheme

News Context

The Unified Pension Scheme (UPS) has been recently approved by the Union Cabinet.

About Unified Pension Scheme

  • The formation of the UPS was influenced by the recommendations of the T. V. Somanathan Committee in 2023, which was a response to ongoing requests for the Old Pension Scheme (OPS).
  • Both current and future employees will be able to choose between the New Pension Scheme and the UPS, with their decision being permanent once made.
  • Retirees who were part of the NPS in the past will be subject to the provisions of the UPS, even if they have already retired.

Comparison between Unified Pension Scheme, New Pension Scheme and Old Pension Scheme

Parameters Unified Pension Scheme (UPS) New Pension Scheme (NPS) Old Pension Scheme (OPS)
Eligibility Starting from April 1, 2025, the new pension scheme will be applicable to all Central government employees. Started in 2004 to offer retirement income to individuals aged 18 to 65. Introduced in the 1950s and originally only available to government employees.
Assured Pension The pension amount will be 50% of the average basic pay received in the last 12 months before retirement, with a minimum qualifying service of 25 years. For those with a minimum service of 10 years, the pension will be proportionate. The pension amount is not set and depends on market performance. Central government employees are eligible to receive 50% of their last drawn salary as a fixed monthly income.
Minimum Pension Employees with a minimum of 10 years of service will receive Rs.10,000 per month upon superannuation. Not Applicable Rs. 9000 per month
Family Pension In case of the employee's demise, the pension amount will be 60% of the employee's pension before their death. If a government employee chooses NPS benefits, their family can receive the accumulated pension wealth. The pension is granted to the widow/widower or children of a government servant who started working in a pensionable establishment between January 1, 1964, and December 31, 2003.
Inflation Indexation Dearness Relief will be provided based on the All India Consumer Price Index for Industrial Workers (AICPI-IW), similar to other service employees. Not available Includes dearness relief to adjust pension for inflation and provides a family pension to dependents.
Contribution The employee contribution will remain the same, the government's contribution will increase from 14% to 18.5%. Workers must contribute 10% of their salaries, with employers able to contribute up to 14%. No contributions from employees are necessary for this pension scheme.

Unlawful Activities (Prevention) Act (UAPA), 1967

  • The Supreme Court has determined that the 14-day deadline for approving prosecution under the UAPA, 1967 must be followed and cannot be left to discretion.

About UAPA, 1967

  • It allows for better prevention of illegal activities by individuals and groups, as well as addressing terrorist activities.
  • Before prosecuting individuals accused of terrorism, the government must give approval through a two-step process.
  • An independent authority must review evidence collected by investigators and provide a recommendation to the government within seven working days.
  • The government then has another seven working days to determine whether to approve or deny the sanction based on the authority's recommendation.

Sanction For Prosecuting a Public Servant

  • The Governor of Karnataka has recently granted permission for an investigation into the Chief Minister for potential prosecution.
  • Sanction for prosecution:
    • A public servant must receive approval before being prosecuted to prevent unjust legal action against them.
    • The sanction can be granted by either the State or Central government under the Criminal Procedure Code, or by the authority responsible for removing the public servant under the Prevention of Corruption Act.
  • Legal Framework:
    • Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was previously known as Section 197 of the CrPC.
    • The 2018 amendment introduced Section 17A and 19 to the Prevention of Corruption Act, 1988 (PCA).

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