November 2024

ALIGARH MUSLIM UNIVERSITY’S (AMU) STATUS AS MINORITY INSTITUTION

·       The Supreme Court (SC) has recently overturned its earlier decision denying Aligarh Muslim University (AMU) its status as a minority institution.

Key Developments:

• Overruling of the 1967 S. Azeez Basha vs. Union of India (UOI) Judgment: The SC, by a 4:3 majority, set aside its earlier ruling that AMU could not claim minority status under Article 30(1) of the Constitution, as it was established by a statute.
• The 1967 judgment held that AMU was not established or administered by the Muslim minority but was a central university created under the AMU Act of 1920.
• Restoration of Minority Status through Legislation: Parliament passed the AMU (Amendment) Act of 1981 to reinstate AMU's minority status.
• However, in 2006, the Allahabad High Court struck down this minority status, leading to a subsequent appeal in the SC in 2019.
• Current SC Decision: The issue of AMU's minority status under Article 30 has now been referred to a regular bench for review, based on principles articulated in this new judgment.

Highlights of the Judgment:

• Minority control over administration is not mandatory to prove an institution's minority status.
• The origins and founders of an institution must be examined to determine who established it.
• Institutions do not lose their minority status solely because they were established through a statute or later incorporated as a university.
• Communities that were not considered minorities before the Constitution's enactment can still claim Article 30(1) protections for institutions founded before independence.

Article 30(1): Fundamental Rights of Minorities

·       Article 30(1) guarantees linguistic and religious minorities the fundamental right to establish and administer educational institutions of their choice.

·       To safeguard these rights, the National Commission for Minority Educational Institutions (NCMEI) Act was enacted, ensuring the protection of educational rights enshrined in the Constitution.

51ST CHIEF JUSTICE OF INDIA (CJI) APPOINTED

Justice Sanjiv Khanna Takes Oath as 51st Chief Justice of India (CJI):

• Justice Sanjiv Khanna was recently sworn in as the 51st Chief Justice of India.
• The oath of office was administered by the President of India during a ceremony held at Rashtrapati Bhavan.

About the Appointment of the Chief Justice of India (CJI):

• Typically, the senior-most judge of the Supreme Court, deemed suitable for the position, is appointed as the CJI based on the recommendation of the outgoing CJI.
• However, this convention was not followed in 1964, 1973, and 1977.
• The Union Minister of Law, Justice, and Company Affairs seeks the outgoing CJI's recommendation, which is forwarded to the Prime Minister. The Prime Minister then advises the President, who formally appoints the new CJI.
• Article 124(2) specifies that every Supreme Court judge, including the CJI, is appointed by the President and serves until reaching the age of 65.

Key Responsibilities of the CJI:

• First Among Equals: In the State of Rajasthan vs. Prakash Chand (1997) case, the Supreme Court clarified that while the CJI is the head of the judiciary, their judicial authority is not superior to that of other Supreme Court judges.
• Master of the Roster: The CJI holds the exclusive authority to assign cases and constitute benches, including Constitution Benches.
• Head of the Collegium: The CJI leads the Collegium, which is responsible for judicial appointments and transfers in the higher judiciary.
• Appointments in the Supreme Court: Under Article 146, the CJI oversees the appointment of court officers and staff or delegates this responsibility to other judges or officers as needed.

About the Collegium System:

• Judicial Appointments: The Collegium recommends appointments for judges of the Supreme Court and High Courts, with the President making the final appointment under Articles 124 and 217.
• Supreme Court Appointments: The Collegium for the Supreme Court comprises the CJI and the four senior-most judges of the SC.
• High Court Appointments: These involve recommendations from the High Court Collegium (consisting of the Chief Justice and two senior judges of the respective High Court) as well as the Supreme Court Collegium (CJI and two senior-most SC judges).

CIVIL REGISTRATION SYSTEM (CRS)

The union Home minister recently unveiled the Civil Registration System (CRS) mobile application.

• Purpose: Developed by the Registrar General and Census Commissioner of India, the application aims to streamline the registration process, significantly reducing the time required for seamless documentation.

About the Civil Registration System (CRS):

• CRS is a unified platform designed for the continuous, mandatory, and permanent recording of vital events, including births, deaths, and stillbirths, along with their associated details.
• Legal Mandate: The Registration of Births and Deaths Act, 1969, makes it obligatory to officially register all births and deaths.
• Authority: The system functions under the Registrar General and Census Commissioner of India.
• Constitutional Basis: It is listed under the concurrent list in Schedule Seven of the Indian Constitution.

DIGITIZATION OF LAND RECORDS

News Context

The Union Minister of Rural Development recently announced that nearly 95% of rural land records in India have been digitized since 2016.

• This milestone was achieved under the Digital India Land Records Modernization Programme (DILRMP).
• Digitization of cadastral maps has reached 68.02% at the national level.
• Integration of 87% of Sub-Registrar Offices (SROs) with land records has also been accomplished.

About Digital India Land Records Modernization Programme (DILRMP)

• Launch Year: 2016 (revamped from the National Land Records Modernization Programme).
• Ministry: Operates as a Central Sector Scheme under the Department of Land Resources, Ministry of Rural Development.
• Extension: Program extended from 2021-22 to 2025-26, with two new components added:
• Computerization of Revenue Courts and integration with land records.
• Consent-based Aadhaar linking with Records of Rights (RoR).
• Objective: Transition from a manual presumptive land-title system to a digital conclusive land titling system.

Key Initiatives under DILRMP

·       Bhu-Aadhaar (Unique Land Parcel Identification Number - ULPIN):

• A 14-digit alphanumeric code assigned to each land parcel.
• Aims to streamline real estate transactions, resolve property disputes, and enhance disaster management.

·       National Generic Document Registration System (NGDRS): Facilitates e-registration with a uniform process for deed and document registration.

·       e-Court Integration: Links land records with e-Courts to expedite dispute resolution and reduce land-related conflicts.

·       Transliteration of Land Records: Converts land records into 22 scheduled languages to overcome linguistic barriers in accessing information.

·       Bhoomi Samman Awards: Recognizes districts achieving saturation in core DILRMP components with Platinum Grading awards.

Need for Digitization of Land Records

• Socio-economic Relevance: Access to land and documented ownership is crucial for the livelihoods of vulnerable groups such as the poor, marginal farmers, and tribal communities.
• Land Ownership Disputes:
• The absence of conclusive land titles, illegal land acquisitions through forgery, and Benami property transactions have escalated disputes over land ownership.
• Over 60% of litigation in India pertains to land-related issues.
• A conclusive land titling system, where the government certifies ownership through updated records, can mitigate these disputes.
• Inefficient Administrative Processes: Updating and correcting land records remains a complex, lengthy, and cumbersome process, often leading to corruption, land grabbing, and inefficiencies.
• Outdated Mapping: Records are frequently outdated and fail to reflect current ground realities concerning ownership and possession, causing significant discrepancies.
• Targeted Public Service Delivery:
• Ineffective land titling causes exclusion errors in rural development schemes linked to land ownership, hindering social justice.
• For example, the PM-Kisan scheme, which provides income support to landholding farmer families, is dependent on accurate land records.
• Strengthening Revenue Administration: Property taxes and land-based revenue are significant income sources for local governments, necessitating clear and updated land records.
• Infrastructure Development: Ambiguities in land titles and related disputes lead to delays, increased costs, and inefficiencies in infrastructure projects, while also fostering a black market for land transactions.

Land Reforms in India

India's land reforms were highlighted in several Five-Year Plans and emphasized by the J. C. Kumarappa Committee (1949). These reforms include five key components:

• Abolition of Intermediary Tenures (Zamindari):
• The Zamindari Abolition Acts of the 1950s–1970s ended exploitative landlord-tenant relationships.
• Land was redistributed with the principle of "land to the tiller," empowering actual cultivators.
• Tenancy Reforms:
• Laws were introduced to protect tenants from forceful evictions and ensure fair rent.
• Despite reforms, loopholes in the system allowed landlords to exploit tenants.
• For instance, under the "permanent tenancy" system, tenants could occupy land for extended periods but could not claim ownership.
• Ceiling on Land Holdings and Distribution of Surplus Land:
• Land Ceiling Acts in the 1970s capped the landholding size for individuals and families, redistributing surplus land to the landless.
• However, the initiative faced challenges such as legal loopholes, resistance from elites, corruption, and lack of political commitment.
• Consolidation of Holdings:
• This aimed to combine fragmented land into larger plots to facilitate mechanization and enhance agricultural efficiency.
• Limited success occurred due to resistance from small farmers unwilling to part with their fragmented holdings.
• Compilation and Updating of Land Records: Accurate, up-to-date land records are essential for effective land reforms and ensuring their long-term success.

GRIEVANCE REDRESSAL ASSESSMENT INDEX (GRAI)

·       The Department of Administrative Reforms and Public Grievances (DARPG) has recently released the Grievance Redressal Assessment and Index (GRAI) 2023.

About GRAI:

• Conceptualization:
• Developed by the DARPG based on the recommendations of the Parliamentary Standing Committee of the Ministry of Personnel, Public Grievances, and Pensions.
• The index evaluates grievance redressal mechanisms of central ministries and departments using four dimensions (Efficiency, Feedback, Domain, and Organizational Commitment) and 11 indicators.
• Objective: To identify strengths and highlight areas for improvement in the grievance redressal mechanisms of various organizations.
• Ranking: The Department of Agriculture and Farmers Welfare secured the top position, followed by the Department of Posts (Group A).

GOVERNANCE AND AI

News Context

·       India recently launched its first AI Data Bank to foster innovation by providing researchers, startups, and developers access to diverse datasets for scalable AI solutions.

• National Security and Real-time Analysis: The AI Data Bank will enhance national security by enabling real-time analysis of satellite, drone, and IoT data for disaster management and cybersecurity.
• AI Strategy and Global Collaboration:
• India’s National AI Strategy emphasizes innovation, ethical governance, and global partnerships in healthcare, agriculture, smart cities, and space exploration.
• Over the years, India has established itself as a leader in technology-driven governance and Digital Public Infrastructure (DPI).
• Digital Public Infrastructure (DPI): Plays a crucial role in digital transformation, improving public services, and accelerating Sustainable Development Goals (SDGs).
• These initiatives highlight the integration of AI into India's governance framework.

Potential of AI to Transform Governance in India

• Efficient Service Delivery:
• Education: AI can revolutionize education by offering personalized learning, smart content, and automated assessments.
• Example: NCERT’s tagging of 31 metadata elements for resources in the National Repository of Open Educational Resources (NROER).
• Healthcare: Enhances delivery and accessibility, especially through telemedicine in remote areas.
• Example: NITI Aayog and the Department of Biotechnology (DBT) aim to build a database of cancer-related radiology and pathology images for AI-based cancer management.
• Agriculture: AI offers predictive insights into weather, pest management, and resource use.
• Example: National Pest Surveillance System uses AI for early detection of crop issues, enabling timely interventions.
• Inclusivity and Accessibility: AI-powered systems bridge gaps in a multilingual country like India.
• Example: The Bhashini platform uses AI to provide government services in regional languages.
• Data-Driven Policymaking: AI facilitates evidence-based policymaking by analyzing large datasets for transparency and effectiveness.
• Example: The India Urban Data Exchange uses AI for traffic management and waste disposal optimization.
• Judicial Efficiency: AI enhances efficiency by automating case management, predicting outcomes, and streamlining legal research.
• Example: SUVAS (Supreme Court Vidhik Anuvaad Software) bridges language gaps in legal proceedings using AI.
• Disaster Management: AI-driven tools like the RAHAT (Rapid Action for Humanitarian Assistance) app predict natural disasters and assist in emergency response and rescue.

Key Initiatives to Promote AI in India

• National Strategy for AI (NSAI): NITI Aayog’s #AIforAll strategy prioritizes AI development in sectors like healthcare, education, and agriculture.
• India AI Program: A Ministry of Electronics and Information Technology (MeitY) initiative for AI innovation, skills, and ethical practices.
• Digital Personal Data Protection Act: Ensures data privacy while addressing AI-related concerns.
• Global Partnership on AI (GPAI): India collaborates globally to align AI strategies with international standards.
• Skill Development Programs: Initiatives like Responsible AI for Youth and Future Skills focus on AI education in Tier 2 and Tier 3 cities.
• International Partnerships: Collaborations such as the US-India AI Initiative explore AI’s applications in healthcare and agriculture.

Participatory AI Development and Governance

• Participatory AI (PAI): Encourages broader stakeholder involvement in AI development beyond just technology developers.
• Core Principles: Derived from participatory governance to ensure inclusivity and accountability.
• Need: To counter issues like bias, discriminatory outputs, and top-down decision-making.
• Benefits:
• Mitigates risks such as bias.
• Enables feedback loops for technical issue resolution and post-deployment assessment.
• Enhances trustworthiness through minimal false positives/negatives.
• Challenges:
• Risk of domination by vested interests.
• Limited non-expert participation.
• Tokenistic stakeholder involvement.
• Transparency paradox, where algorithm information can be misused.

Participatory Governance Examples

• India:
• Land Acquisition Act, 2013: Includes social impact assessments in collaboration with affected families.
• Forest Rights Act, 2006: Empowers Gram Sabha for participatory decision-making.
• Global:
• Nagoya Protocol on Access and Benefits Sharing: Ensures benefits from traditional knowledge are shared with indigenous communities.

INTERNAL DEMOCRACY IN POLITICAL PARTIES

News Context

• Ongoing discussions on the role of the Election Commission of India (ECI) in ensuring democratic functioning within political parties.

What is Internal Party Democracy?

• Refers to the internal structures and coordination of political parties adhering to democratic principles.
• Influences candidate selection, leadership emergence, policy-making, and funding mechanisms.

Need for Internal Party Democracy:

• Decentralization: Reduces centralized control by top leaders, enabling broader stakeholder participation.
• Prevent Criminalization:
• Mitigates candidate selection based on money and muscle power.
• Example: 46% of newly elected Lok Sabha members have criminal cases (ADR report).
• Representation: Ensures equal opportunities for citizens to participate in politics and contest elections.
• Youth Participation: Provides opportunities for new talent and diminishes the dominance of entrenched leaders.
• Reduce Corruption: 2008 ARC report links corruption to over-centralization.
• Transparency and Free Flow of Information: Aligns with John Stuart Mill's advocacy for liberty of thought and discussion.

Reasons for Lack of Internal-Party Democracy:

• No Statutory Backing:
• Governed only by Section 29A of the Representation of the Peoples’ Act (RPA), 1951.
• ECI guidelines focus on internal accountability but do not mandate candidate selection norms.
• Lack of Penal Provisions: Supreme Court judgment (Indian National Congress (I) v. Institute of Social Welfare) limits ECI’s power to deregister parties.
• Structural Challenges: Issues like dynastic politics, centralized power structures, and Anti-Defection Law (1985) enforcing strict party-line adherence.
• Other Issues: Lack of political will, weak organizational frameworks, etc.

INTER-STATE COUNCIL (ISC)

·       The Inter-State Council (ISC) has been reconstituted.

About ISC

• Purpose: Serves as a platform for coordination and cooperation between the Centre and the States.
• Origin: Established under Article 263 of the Constitution through a Presidential Order in 1990, based on the recommendations of the Sarkaria Commission.
• Composition:
• Chairperson: The Prime Minister.
• Members:
• Chief Ministers of all States.
• Chief Ministers of Union Territories (UTs) with a Legislative Assembly, and Administrators of UTs without a Legislative Assembly.
• Six Cabinet-rank Ministers from the Union Council of Ministers, nominated by the Prime Minister.

MUNICIPAL CORPORATIONS IN INDIA

News Context

The Reserve Bank of India (RBI) has released a report titled "Own Sources of Revenue Generation in Municipal Corporations: Opportunities and Challenges."

Municipal Institutions in India

India's urban areas are home to over 400 million people, a figure projected to surpass 800 million by 2050. Although cities occupy just 3% of the total land area, they contribute over 60% to the nation's GDP.

• 74th Constitutional Amendment (1992): This amendment formalized local governance, providing a constitutional framework for local governments in India.
• Functions of Local Governments: The 74th Amendment, in conjunction with the 12th Schedule of the Constitution, lists 18 functions that can be delegated to municipalities by state governments. These include urban planning, land-use regulation, and construction activities, among others.
• Revenue and Fiscal Powers:
• Article 243X: Empowers state governments to authorize Urban Local Bodies (ULBs) to levy taxes, duties, and fees and assign specific revenue sources to them.
• Article 243Y: Mandates State Finance Commissions (SFCs) to review and recommend the distribution of taxes and grants to ULBs.

Revenue Sources of Urban Local Bodies

Key Highlights of the RBI Report

Low Revenue Generation

• Indian municipalities contributed only 0.6% of GDP in 2023-24, significantly lower compared to the central government (9.2%) and state governments (14.6%), creating financial constraints for urban development.
• Revenue Composition: Tax revenues account for 30% of Municipal Corporations' income, followed by grants, contributions, and subsidies (24.9%), and fees/user charges (20.2%).
• Property Tax Collection: Municipal Corporations (MCs) in 18 states collected only 56% of their property tax demand, according to a CAG report.

Dependence on Transfers

• Municipalities rely heavily on delayed and inadequate transfers from higher governments.
• In 2022-23, grants to municipalities increased by 24.9% from the Central Government and by 20.4% from State Governments.

Increasing Municipal Borrowing

• Borrowing by municipalities increased significantly, rising from ₹2,886 crore in 2019-20 to ₹13,364 crore in 2023-24, growing from 1.9% to 5.2% of total municipal receipts.

Municipal Bonds

• The municipal bond market remains underdeveloped, with bonds amounting to ₹4,204 crore (just 0.09% of corporate bonds).
• Most bonds are privately placed, restricting wider investor participation.
• The Green Bond market is in its early stages, with added costs for green audits and monitoring performance indicators deterring growth.

NON-GOVERNMENTAL ORGANIZATIONS (NGOS)

News Context

The Ministry of Home Affairs (MHA) has directed all non-governmental organizations (NGOs) registered under the Foreign Contribution (Regulation) Act (FCRA), 2010, to report any changes in their key office bearers or members.

Key Updates

• Applicability: The requirement applies even if the NGO's previous FCRA license application is still under review.
• NGOs can submit a fresh application, which will automatically replace the earlier one.
• Past Actions: Several NGO registrations have been canceled in recent years due to FCRA violations, raising concerns about their operations.

What are NGOs and How Are They Regulated in India?

• NGOs: Non-profit organizations, groups, or institutions that operate independently of the government, primarily focusing on humanitarian or developmental objectives.

Formation of NGOs

• Societies: Registered under the Societies Registration Act, 1860.
• Trusts:
• Private trusts: Governed by the Indian Trusts Act, 1882 (Central Government).
• Public trusts: Registered under relevant state laws.
• Charitable Companies: Formed as non-profit entities under Section 8 of the Companies Act, 2013.

Regulation of NGOs

• NGOs receiving foreign contributions or donations must obtain prior approval or an FCRA registration license from the Ministry of Home Affairs (MHA) under the FCRA, 2010.

Constitutional Provisions Pertaining to NGOs

Seventh Schedule

• Matters related to trusts, charities, and charitable institutions are included in the Concurrent List, allowing both the Parliament and State Legislatures to legislate on these subjects.

Article 19(1)(c)

• Ensures the fundamental right to form associations or unions.

Regulation of NGOs under the Foreign Contribution (Regulation) Act, 2010 (FCRA)

• Scope of Regulation: The FCRA governs the receipt of foreign contributions by individuals, associations, and companies, including NGOs.
• Purpose of Regulation: It restricts foreign funding for activities that could:
• Threaten national sovereignty and integrity.
• Affect security, strategic, scientific, or economic interests.
• Endanger public interest or incite offenses.
• Risk the safety of individuals.
• Key Amendments in 2020: The FCRA was revised through the Foreign Contribution (Regulation) Amendment Act, 2020, introducing the following measures to curb fund misuse:
• Mandated foreign contributions to be received only in a designated "FCRA Account" at a specified bank.
• Prohibited the transfer of foreign funds to other entities.
• Reduced the administrative expenditure limit from 50% to 20%.
• Empowered the Central Government to:
• Restrict fund utilization or halt further receipts based on a summary inquiry.
• Require Aadhaar or similar identification for office bearers, directors, and key personnel.

Government Initiatives to Support NGOs

• Provision of Funds: Central Government funds are allocated to State Governments/UT Administrations for welfare schemes, including Swadhar and Ujjawala, implemented through NGOs.
• Cultural Schemes: The Ministry of Culture promotes NGO participation in art and culture through schemes such as:
• Cultural Function & Production Grant (CFPG).
• Financial Assistance to Cultural Organizations with National Presence.
• NGO Darpan: A portal offering unique identification to registered NGOs, enhancing transparency and accountability.

Recommendations for Improvement

• Vijay Kumar Committee (2017):
• Adopt a Light Regulation Approach: Balance oversight with operational freedom to reduce bureaucratic barriers and promote a cooperative government-NGO relationship.
• Modernize Registration Processes: Simplify compliance under the Income Tax Act and FCRA.
• Establish a Nodal Body: Act as a mediator between NGOs and government agencies.
• Implement a Comprehensive Accreditation and Audit Framework: Improve accountability and performance.
• Develop a Searchable NGO Database: Enhance transparency and public access.
• Encourage Volunteerism: Partner with educational institutions to foster civic engagement.
• 2nd Administrative Reforms Commission (ARC):
• Decentralize FCRA implementation for more localized governance.
• Ensure balanced legal interpretation to safeguard the voluntary sector's operational freedom.

PROPERTY RIGHTS IN INDIA

News Context

• A nine-judge Constitution Bench of the Supreme Court delivered a landmark judgment in Property Owners Association v. State of Maharashtra.
• The ruling restricts the powers of the state to acquire private property.

• The judgment overruled earlier rulings in:
• State of Karnataka v. Ranganatha Reddy (1978).
• Sanjeev Coke Manufacturing Company v. Bharat Coking Coal Ltd. (1983).
• These cases had declared that private properties could be considered community resources.
• The decision marks a major shift in the legal interpretation of property rights in India.

Evolution of the Right to Property

• Original Status: Initially a Fundamental Right under Articles 19(1)(f) and 31 of the Constitution, including compensation for property acquisition.
• 25th Amendment (1971): Introduced Article 31C, protecting laws under Articles 39(b) and 39(c) (Directive Principles of State Policy) from challenges based on Fundamental Rights violations.
• Revised Status: The 44th Amendment (1978) removed the right to property as a Fundamental Right and made it a constitutional right under Article 300A.

Key Highlights of the Recent Judgment

Scope of Article 39(b):

• Private property cannot automatically be classified as a "material resource of the community" under Article 39(b).
• Article 39(b) advocates for equitable distribution of material resources for the common good.

Authority for Property Acquisition:

• Article 39(b) does not provide legislative power for the state to acquire private property.
• Property acquisition authority comes from:
• The sovereign power of eminent domain.
• Entry 42 of List III in the Seventh Schedule.

Criteria for Classification:

• Classification of private property as a "material resource" depends on:
• Its nature.
• Scarcity.
• Impact on community welfare.
• Degree of concentration in private hands.

Flexibility in Economic Policies:

• Constitution framers intended for economic policies to remain adaptable to changing needs, avoiding rigid doctrines.

Validity of Article 31C:

• Article 31C, upheld in the Kesavananda Bharati case, remains valid.

Balancing Public Welfare with Private Property Rights:

• The judgment emphasized:
• Alignment of government actions with constitutional principles like equality (Article 14) and right to property (Article 300A).
• Application of the Public Trust Doctrine, ensuring responsible resource management for public benefit.

Limits of Eminent Domain:

• The Court questioned the broad application of the Doctrine of Eminent Domain in land acquisition.
• Clarified that not all private property qualifies as a "material resource of the community" for public appropriation.

Doctrine of Eminent Domain

• Meaning:
• Governments can acquire private property for public use, balancing societal welfare and property rights.
• Exercised by all government levels, with mandatory fair compensation to the owner.
• Elements of the Doctrine:
• Public Use:
• Property acquisition must serve a legitimate public purpose (e.g., infrastructure).
• Alternatives should be considered before acquisition.
• Just Compensation: Fair compensation must reflect market value at the time of acquisition.
• Due Process: Property owners must be notified and allowed to contest the acquisition or negotiate compensation.
• Government Authority: Only government or legally authorized public agencies can exercise this power, regulated by legislation.
• Important Case Law:
• Sudharsan Charitable Trust v. Government of Tamil Nadu (2018):
• Supreme Court reaffirmed eminent domain as tied to state sovereignty.
• Acquisition for public interest must include fair compensation, without infringing on livelihood or dignity.

Public Trust Doctrine

• Meaning:
• Ensures responsible management of natural resources to protect the environment and promote sustainability.
• Recognized under Article 21 in cases like Th. Majra Singh v. Indian Oil Corporation and M.I. Builders v. Radley Shyam Sahu.
• Principles:
• State as Trustee:
• The State manages natural resources for public benefit, ensuring sustainability and avoiding depletion.
• Example: T.N. Godavarman v. Union of India emphasized sustainable resource management by the State.
• Citizens as Beneficiaries: Citizens are the ultimate beneficiaries, using resources responsibly for themselves and future generations.

Implications of the Supreme Court's Decision

• Legislative and Policy Impact:
• Encourages fairness and transparency in property acquisition laws and land reforms.
• Influences social welfare programs.
• Economic Reforms:
• Limits excessive state power, supporting a market-oriented economy.
• Balances private investment with social justice.
• Political Debates:
• Political parties may revise stances on land reforms and property rights.
• Could influence land redistribution initiatives for underprivileged groups.
• Constitutional Scrutiny: Reinforces judiciary's role in ensuring government actions align with constitutional rights (e.g., equality, property rights).

PERSONS WITH DISABILITY

News Context

In the case of Rajive Raturi vs Union of India & Ors., the Supreme Court directed the Central Government to formulate mandatory rules under the Rights of Persons with Disabilities (RPwD) Act, 2016, ensuring accessibility in public spaces and services.

Key Highlights of the Judgment

• Background
• The judgment is based on a report submitted by the Centre for Disability Studies, NALSAR University of Law, and emphasizes the social model of disability.
• The social model focuses on fostering inclusion and equality by addressing and removing societal barriers that hinder the full participation of Persons with Disabilities (PwDs).
• Legislative Gap
• Declared Rule 15(1) as ultra vires to the RPwD Act and called for a unified and enforceable accessibility framework consistent with the Act's objectives.
• Rule 15 pertains to accessibility standards for establishments.
• Mandatory Accessibility Standards
• Under Section 40 of the RPwD Act, mandatory accessibility standards must be framed within three months.
• Principles of Accessibility
• Accessibility measures should include:
• Universal design principles.
• Comprehensive inclusion across various disabilities.
• Integration of assistive technologies.
• Regular consultations with stakeholders.
• Two-Pronged Approach
• Enhance accessibility in existing institutions and initiatives.
• Ensure future infrastructure and projects are inclusive and accessible.

Constitutional Provisions for Persons with Disabilities

Preamble

·       The Preamble ensures justice (social, economic, and political), liberty (of thought, expression, belief, faith, and worship), and equality (of status and opportunity) for all citizens, including PwDs.

Fundamental Rights

• Article 14: Ensures equal access to spaces, services, and information.
• Article 19: Protects the freedom of movement and expression.
• Article 21: Guarantees the right to live with dignity.

Directive Principles of State Policy

• Article 41: Advocates for public assistance in cases such as unemployment, old age, sickness, and disability.

Responsibilities of Local Bodies

• XI Schedule: Includes social welfare activities for the disabled (Entry 26 of Article 243-G).
• XII Schedule: Focuses on safeguarding the interests of weaker sections, including PwDs (Entry 9 of Article 243-W).

Initiatives for the Welfare of Persons with Disabilities

Rights of Persons with Disabilities (RPwD) Act, 2016

• Enacted to implement the United Nations Convention on the Rights of Persons with Disabilities.
• Key Features:
• Defines a PwD as someone with long-term physical, mental, intellectual, or sensory impairment affecting their full participation in society.
• Recognizes 21 categories of disabilities.
• Prohibits discrimination in employment, education, and healthcare.

Statutory Bodies

• Rehabilitation Council of India (RCI): Regulates professional training and promotes research.
• National Trust for PwDs: Empowers PwDs with conditions like autism and cerebral palsy to live independently with dignity.

Central Public Sector Enterprises

• National Divyangjan Finance and Development Corporation: Provides economic empowerment through skill training and self-employment loans.
• Artificial Limbs Manufacturing Corporation of India (ALIMCO): Manufactures aids and appliances for PwDs.

Accessible India Campaign (Sugamya Bharat Abhiyan)

• Focuses on creating a barrier-free environment, including:
• Accessible physical infrastructure.
• Inclusive transportation systems.
• Digital accessibility and communication ecosystems.

National Policy for Persons with Disabilities, 2006

• Outlines strategies to ensure the inclusion and protection of PwDs in society.

Steps to Enhance Accessibility and Inclusion

·       Ensure Mainstream Access: Guarantee that all public policies, systems, and services are accessible to PwDs.

·       Invest in Disability-Specific Programs: Focus on rehabilitation, support services, and assistive technologies like wheelchairs, hearing aids, and white canes.

·       Adopt a Participatory Approach: Actively involve PwDs in policymaking and implementation under the principle of "Nothing about us, without us."

·       Enhance Human Resource Capacity: Incorporate disability-inclusive human rights training into curricula and accreditation programs.

·       Provide Adequate Funding: Allocate sustainable resources to ensure the affordability and reach of services for PwDs.

·       Increase Public Awareness: Challenge negative perceptions of disability and promote diversity through inclusive education and media representation.

·       Improve Disability Data Collection: Collect and analyze disaggregated data on disability based on age, gender, and socio-economic status for better planning.

PRIOR SANCTION MANDATORY TO PROSECUTE PUBLIC SERVANTS

·       The Supreme Court has ruled that obtaining prior sanction is mandatory to prosecute public servants in cases related to money laundering. This judgment reinforces procedural safeguards under the stringent Prevention of Money Laundering Act (PMLA), ensuring accountability in such prosecutions.

Key Highlights: Directorate of Enforcement vs. Bibhu Prasad Acharya Case

• Supremacy of CrPC:
• The court emphasized that the PMLA does not override the requirement of prior sanction under Section 197 of the Criminal Procedure Code (CrPC).
• Section 197 corresponds to Section 218 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which replaced the CrPC from July 1, 2024.
• Section 197 of CrPC:
• Aims to protect public servants from unwarranted prosecution for acts performed in the discharge of their official duties.
• Exception: This protection is not absolute; public servants can be prosecuted with prior approval from the appropriate government authority.

Provisions for Protection of Civil Servants

• Articles 311(1) and 311(2) of the Constitution: Provide constitutional safeguards to civil servants against arbitrary dismissal, removal, or reduction in rank.
• Public Servants (Inquiries) Act, 1850: Ensures fair and transparent inquiries in adherence to principles of natural justice in public administration.

About the Prevention of Money Laundering Act (PMLA), 2002

• Objective: A comprehensive framework to prevent money laundering and confiscate property acquired through such activities.
• Enforcement Authority: Implemented by the Enforcement Directorate (ED) and the Financial Intelligence Unit – India (FIU-IND).
• Definition of Money Laundering: Includes activities such as concealing, possessing, or acquiring proceeds of crime with the intent to legitimize illegally earned money.

REPORT ON PRISONS IN INDIA

·       Paraphrased Content: The President of India recently released a report titled "Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion."

• Report Details: Prepared by the Centre for Research & Planning, the research arm of the Supreme Court of India, the report sheds light on the challenges within India’s prison system and emphasizes the potential of technology-driven reforms.

Key Insights from the Report

• Stereotyping in Labour: Prison manuals often describe essential tasks such as sanitation and maintenance as "menial" or "degrading," reinforcing a hierarchical perspective on labor.
• High Bail Rejection Rates: Bail applications face significant rejection rates, with 32.3% in Sessions Courts and 16.2% in Magisterial Courts being denied.
• Delays in Trials: In 2023, over 52% of cases involving accused individuals in custody for more than a year were still pending at the evidence stage.
• Additional Issues:
• Continued practice of manual scavenging in prisons.
• Caste-based division of prison work declared unconstitutional in the Sukanya Shantha case.
• Underutilization of open prisons.

Role of Technology in Prison Reforms

• E-Prisons: Developed by the National Informatics Centre, this system integrates all aspects of prison and prisoner management.
• Model Prison and Correctional Services Act, 2023: Introduced electronic monitoring technology as a condition for granting prison leaves.
• FASTER (Fast and Secured Transmission of Electronic Records): This Supreme Court initiative addresses delays in the communication of bail orders from courts to prisons.
• Interoperable Criminal Justice System (ICJS): Aims to create an automated communication channel among courts, police, and prisons, reducing undue delays in custody cases.

‘SOCIALIST’, ‘SECULAR’ IN THE PREAMBLE

News Context

• Supreme Court recently dismissed petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble through the 42nd Amendment Act, 1976.
• Case: Dr. Balram Singh Vs Union of India (2024).

• Petition Claims:
• Words "socialist" and "secular" were inserted during the Emergency (1975–1977) and do not reflect the people's will.
• Preamble's adoption date (26th November 1949) by the Constituent Assembly was fixed, so additional words could not be added later.

About the 42nd Amendment Act, 1976

·       Overview:

• Known as the "mini-Constitution."
• Amended the Preamble, 40 articles, 7th Schedule, and added 14 new articles and 2 new parts.

·       Major Changes Introduced:

o   Preamble:

• Added the words ‘Socialist,’ ‘Secular,’ and ‘Integrity.’
• Changed "unity of the nation" to "unity and integrity of the nation."

o   7th Schedule (State List to Concurrent List):

• Education.
• Forests.
• Protection of wild animals and birds.
• Weights and measures.
• Administration of justice, constitution, and organisation of all courts (except the Supreme Court and High Courts).

o   Emergency Provisions:

• Amended Article 352 to allow the President to declare an Emergency for a specific part of the country in addition to the entire nation.

o   New Directive Principles of State Policy (DPSPs):

• Article 39: Opportunities for healthy development of children.
• Article 39A: Equal justice and free legal aid.
• Article 43A: Workers' participation in management of industries.
• Article 48A: Protection and improvement of the environment, safeguarding forests and wildlife.

o   New Parts Added:

• Part IV-A: Fundamental Duties.
• Part XIV-A: Establishment of administrative tribunals.

Key Observations Made by the Supreme Court

• Dismissed Retrospectivity
• The date of adoption does not limit Parliament's amending power under Article 368 of the Constitution.
• Article 368: Grants Parliament the power to amend the Constitution by addition, variation, or repeal of provisions, following the prescribed procedure.
• The Court affirmed that this power extends to the Preamble, subject to challenges based on the basic structure doctrine.
• Defined Socialism and Secularism
• Secularism:
• Represents a facet of the right to equality, ensuring the State does not maintain its own religion.
• Protects freedom of conscience and the right to profess, practice, and propagate religion.
• Recognized as a basic feature of the Constitution in Kesavananda Bharati v. State of Kerala and S.R. Bommai v. Union of India.
• Socialism: Reflects the State's commitment to a welfare system and equality of opportunity.
• Constitution as a Living Document
• Over time, India has evolved its interpretation of terms like socialism and secularism, giving the Constitution an organic and dynamic character.

Preamble and Its Amendability

• Role of the Preamble
• Offers a glimpse of the Constitution's philosophy.
• Initially declared India as a sovereign, democratic, republic.
• Does not grant substantive rights and is not enforceable in courts.
• Symbolizes the power vested in the people.
• Judicial Interpretations
• Berubari Case (1960): Held that the Preamble is not a part of the Constitution.
• Kesavananda Bharati Case (1973): Established that the Preamble is a part of the Constitution and can be amended.
• LIC of India Case (1995): Reaffirmed that the Preamble is a part of the Constitution.

About Secularism and Socialism

USA PRESIDENTIAL ELECTION

News Context

• The U.S. recently conducted its Presidential election using the Electoral College system.

US Presidential Elections vs. Indian Presidential Elections

• Highlights the comparison between the electoral processes in the United States and India.