Contemporary Issues

Indian Polity
Contemporary Analysis

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POLITY
1) Preamble
a)

Preamble Controversy

(Deleting Secular & Socialist in Preamble)

Introduction
a. Demand by politicians

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1.

i. Shiv sena (ally of BJP) first mooted the idea of deleting the two saying that India is a Hindu
nation.
ii. Ravishankar Prasad joined him by saying that there is no harm in discussing them.
iii. Later Venkiah Naidu & Amit Shah clarified that there is no proposal to do so.
b. Republic day advertisement

i. In this advertisement, original Preamble of Constitution was shown which didnt had the two
words.
2.

Arguments against

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a. Its pointless/well-settled 42nd AA, only made explicit what is implicit; its part of basic structure
(thus beyond debate).
b. Content of Socialism & Secularism can be debated, but idea perse cant.
c. Wrong focus government should debate bills and other important socio-economic issues.

2) Citizenship

a) Merger of PIO and OCI card

1.

The ordinance to amend the Citizenship Act was promulgated in Dec 2014

2.

It put a Person of Indian Origin (PIO) on a par with an Overseas Citizen of India (OCI)

3.

It was done so as to keep the earlier promise given by Prime Minister Narendra Modi.

b) NRI allowed to vote via e-postal ballots January 2015

1.

Timeline

Notes

a. Two separate petitions were filed by NRIs in SC to give them right to vote. SC ordered the ECI to
look into the matter.

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b. In October 2014, ECI came out with the report prepared by the Election Commission on options for
voters overseas.
c. On January 12, 2015 the government informed the Supreme Court on Monday that it has agreed to
the ECIs recommendations to allow NRI to vote via e-postal ballots or proxy voting.
2.

Significance
a. It removes the restriction posed by Section 20(A) of the Representation of the People (Amendment)
Act of 2010, requiring overseas electors to be physically present in their constituencies to cast their
votes.
b. They can play a decisive role in election outcomes if they note There are 10 million Indian citizens
staying abroad, and with 543 Lok Sabha constituencies, this means an average of 18,000 votes per
constituency may get polled from abroad.
Way forward

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3.

a. Government need not wait for a statutory amendment, but can straight away issue a notification
implementing the change in the voting law.
b. But concurrence has to be got from the Ministries of External Affairs, Home, Overseas Indian Affairs,
and finance before implementing the decision. So even if we go for a non-statutory amendment, it will
take some time.
4.

Earlier it was opposed on the ground that since NRIs lacked sound knowledge about domestic conditions,
they would be irresponsible in their electoral choices. But this argument is fast being disproved by
empirical evidence. With the rapid increase in cross-border migrations, the concept of nationhood and
political membership is increasingly being decoupled from territorial locations. Indias move towards
enabling voting from overseas is an instance of a larger global trend towards increased citizen participation.

3) Freedom of expression recent cases of its violation

1) In news

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I) Section 66A of it Act of 2000

In March 2015, SC stuck down section 66A of IndianInformationTechnologyAct, 2000. So in that

context.

2) Summary
1.

About Section 66A

a. In 2008, the UPA government amended IT Act, 2000 by inserting section 66A.
b. Section 66A provides for a maximum 3-year jail sentence and a fine for posting offensive comments
on social media.
c. The following are excluded from offensive comments expressing political dissent, contrarian views
and decent humor.

Notes

d. Objective behind the 2008 amendment was to prevent the misuse of information technology, particularly
through social media.

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2.

Over the years it has become very controversial due to the alleged arbitrary used by the government (to
prevent its misuses. In January 2013, Central government issued guidelines which mandated that only
senior police personnel could order arrests under this section. However, its misuses continued.
a. E.g. of Infamous cases
i. In Sept 2012, Aseem Trivedi was arrested for mocking Parliament and the Constitution to depict
their ineffectiveness.
ii. In Nov 2012, two girls were arrested in Thane for a Facebook post in which they questioned the
shutdown of Mumbai for the funeral of Shiv Sena chief Bal Thackeray.
iii. Recently in 2015, a student was arrested for allegedly posting an objectionable remark against
Azam Khan of Samajwadi Party.
Thus batch of petitions were filed in the SC to declare it unconstitutional and stuck it down.

4.

Finally, in March 2015, SCin theShreya Singhal vs Union of Indiacase, said the following things with
respect to 3 sections of IT Act, 2000.
Act/Section

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3.

SCs verdict

Section 66A of IT Act, 2000

Section 69A of IT Act, 2000
Section 79 of IT Act, 2000

Section 118(d) of the Kerala Police Act

It is unconstitutional valid and thus struck it down.

It is constitutionally valid and thus didnt struck it down.
It is constitutionally valid and thus didnt struck it down.
It is unconstitutional valid and thus struck it down.

3) Detail of SCs verdict in Shreya Singhal vs Union of India

a) Section 66A

SC stuck it down by calling it unconstitutional on following grounds

Firstly, it said about the requirement of Freedom of expression.

GS

1.

a. Freedom of expression is at the foundation of democracy, and without free flow of information there
will be no informed citizenry and thus no meaningful governance.
b. But section 66A Prevents the flow of information; or in its literal words These sections have a
chilling effect on the freedom of speech.
2.

Forms of Freedom of expression

a. Then it talked about the content of freedom of expression. According it there are three forms (1)
discussion, (2) advocacy and (3) incitement. Mere discussion or even advocacy of a particular cause,
how so ever unpopular, is at the heart of Article 19(1)(a). It is only when such discussion or advocacy
reaches the level of incitement (i.e., causing public disorder, etc.) that Article 19(2) kicks in and then
only a law may be made for curtailing the same.

Notes

b. But section 66A didnt made any distinction between advocacy, discussion on one hand and incitement
on the other. The information disseminated over the Internet need not be information which incites
anybody at all. Written words may be sent that may be purely in the realm of discussion or
advocacy of a particular point of view.

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3.

Vagueness
a. Supreme Court called it unconstitutionally vague. Most of the termsusedin the section like offensive,
annoyance, etc., have not been specifically defined under the Act and are thus open to varied
interpretations.
b. Its relative, not absolute. What may be offensive to one may not be offensive to another. What may
cause annoyance or inconvenience to one may not cause annoyance or inconvenience to another.
c. It is neither clear to ordinary people nor to administrators of law that what conduct is prohibited and
what is permitted.
d. Now the government said that mere vagueness of a law and its possibility of misuse cannot lead to
declaring it invalid. But SC replied that the Doctrine of vagueness is held to be a facet of constitutional
law.
With respect to reasonable restrictions

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4.

a. Messages that that can be termed offensive or annoying under Section 66A have no relate to public
order, decency or morality, defamation or incitement and thus cant be seen as a reasonable restriction
under A-19(2).
5.

Extensive powers to government

a. The provision gives extensive power to the police like barging into anyones house, arresting, home
searched and the blocking website.
6.

The bill was not debated while it was passed:

a. The amending act which inserting the new Section 66A in the original Act was passed, along with
three other bills, in less than half an hour in Lok Sabha on December 22, 2008. The next day, Rajya
Sabha too passed the bill without a discussion.
Governments assurance

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7.

a. To the government assurance that it will use other methods to stop misuses of section 66A (so please
retain it), SC said that the present governments promises will not bind its successor. Or as famously
said by it governments may come and governments may go, but Section 66A goes forever.
b) With respect to Section 69A
1.

What the section says

a. Deals with the procedure and safeguards for blocking certain websites
b. It accords the government the authority to block the transmission of information, including the
blocking of websites, when it is necessary or expedient to do so, for among other reasons, the interest
of sovereignty and integrity of India, public order or for preventing incitement to the commission of
any cognizable offence.
2.

What SC said
a. It is constitutionally valid and thus didnt strike it down.

Notes

b. Why The court found that the provision contains sufficient safeguards against governmental abuse.

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i. First and foremost, blocking can only be resorted to where the Central government is satisfied
that it is necessary to do so.
ii. Secondly, such necessity is relatable only to some of the subjects set out in Article 19(2).
iii. Thirdly, reasons have to be recorded in writing in such blocking order so that they may be assailed
in a writ petition under Article 226 of the Constitution.

3.

View of Hindu opinion

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iv. The Rules further provide for a hearing before the committee set up which committee then
looks into whether or not it is necessary to block such information. It is only when the committee
finds that there is such a necessity than a blocking order is made. It is also clear from an
examination of Rule 8 that it is not merely the intermediary who may be heard. If the person,
that is, the originator is identified, he is also to be heard before a blocking order is passed. Above
all, it is only after these procedural safeguards are met that blocking orders are made and in case
there is a certified copy of a court order, only then can such blocking order also be made. It is
only an intermediary who finally fails to comply with the directions issued who is punishable
under sub-section (3) of Section 69A.

a. That said, the judgment has upheld the constitutionality of Section 69A that defines the rules and
procedure for the government to block websites based on a set of legislatively provided grounds.
While the blocking rules are comprehensive, the lack of transparency in the execution of blocking
(Rule 16 states that strict confidentiality shall be maintained regarding all the requests and complaints
received and actions taken thereof ) is a cause of concern. Also, government officers have used
Section 69A as a sledge-hammer to block entire websites for offending content, instead of the specific
URLs.
b. In short this author said that the SC is wrong in upholding it.
c)

Section 79

1.

What the section says (Intermediary liability)

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a. It grants protection (under certain limited circumstances) to intermediaries (e.g., websites such as
Google, Facebook, YouTube) for content published by individuals who use their platforms.
b. I.e., intermediaries would not be liable for illegal content on their websites unless they failed to
comply with a court or government order asking for takedowns of such content.
2.

What SC said

a. It is constitutionally valid and thus didnt strike it down.

b. Why The court found that the provision contains sufficient safeguards against governmental abuse.
4)

Way forward with respect to parties

1.

Reaction by parties
a. The Left parties and the Aam Aadmi Party welcomed the Supreme Courts verdict.
b. On the other hand JD (U), SP, Shiv Sena disagreed with the SC arguing that it would weaken the
hands of law enforcement agencies.

Notes

c. Finally the two largest parties in the country, the BJP and the Congress gave calibrated responses: we
welcome the courts ruling, but need to study the verdict before giving a structured response.

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2.

What next What can the government do?

a. Section 66A no longer exists in the IT Act.
b. What about pending cases under Sec 66A?
i. Cases where only Section 66A was invoked will be deemed nullified and charges will be dropped
once applications are moved. But cases in which charges under IPC, other laws were also invoked
will continue.
c. What can the government do next?
i. It can either accept the verdict or amend the Act to insert a new provision, similar to Section 66A
but bereft of deficiencies cited by the court.
d. Can anything be posted now on social media?

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i. No. While contentious social media posts will not attract Section 66A any further, penal provisions
relating to defamation, obscenity, mischief, public disorder, etc. remain under other provisions and
laws.
5) Conclusion
1.

SC has reaffirmed its role as the guardian of individual liberty against arbitrary and whimsical state action,
and as protector particularly of that most fundamental of rights of free speech and expression.

2.

Section 69A

a. Activists are now also demanding to the repeal section 69A of IT Act. (Although SC didnt accepted
the demand to stuck it down)
3.

With respect to other attempts at gagging freedom of expression

a. This judgment,which goes beyond striking down a shamelessly repressive law to developing powerful,
even beautiful, free speech jurisprudence that can beusedto correct other efforts at stifling our speech.
In the wake ofinternationalinfamy over the governments blocking of Indias Daughter, this judgment is
a monumental reminder thatwe are a democracy with an independent judiciary and a formidable
Constitution.

5.

Hopefully, the government will take its cue from the judiciaryand move to rebuild its content-blocking
regime into the sort of transparent and accountable system thata democracy ought to have.

6.

The judgment strengthens democratic freedoms as a whole, especially since the Internet today in India has
become a virtual public sphere and a lively arena of discussion and debate.

GS

4.

II) Charlie Hedbo Terror Attack

1.

About Charlie Hedbo

a. In French it means Weekly Charlie
b. It is a Frenchsatiricalweekly newspaper, featuring cartoons, reports, polemics, and jokes.
c. The magazine is published every Wednesday, with special editions issued on an unscheduled basis.

Notes

d. The publication describes itself as stronglyanti-racistandleft-wing, publishing articles on theextreme

right,Catholicism,Islam,Judaism,politics,culture etc.

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2.

Prophets cartoon
a. The papers controversial 3 November 2011 issue, renamedCharia Hebdo(a reference toSharialaw)
and guest-edited byMuhammad, depicted Muhammad saying: 100 lashes of the whip if you dont
die laughing.

Attacks on it by Muslims

GS

3.

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b. In September 2012, the newspaper published a series of satirical cartoons of Muhammad, some of
which feature nude caricatures of him.

a. It experienced two terrorist attacks, in 2011 and in 2015, which were presumed to be in response to
a number of controversialMuhammadcartoons published by the magazine.
b. 2015

i. In the latter of these attacks, On 7 January 2015, threeIslamistgunmenopened fire at the Paris
office ofCharlie Hebdo, killing twelve people, including several contributors, and the editor, Charb.
ii. During the attack the gunmen were heard to shoutthe Prophet is avenged,
iii. Of the 3 attackers, 2 were French muslims and the nationality of 3rd is not known.
iv. On 9th January they were killed.
v. Je suis Charlie
1. After the attacks, the phraseJe suis Charlie, French for I am Charlie, was adopted by
supporters of free speech and freedom of expression who were reacting to the shootings.

Notes

2. Some journalists embraced the expression as a rallying cry for the freedom of self-expression.

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III) SHIRIN DALVI

1.

Who is she?
a. She is the editor of Mumbai edition of Lucknow based Urdu newspaper Awadh-nama.

2.

What she did?

a. Published a cover ofCharlie Hebdo, a French magazine that was attacked by Islamist fundamentalists
who were offended by its caricatures of the Prophet Muhammad. Shirin Dalvi reproduced its cover
depicting the caricature of a bearded man lamenting that he was loved by idiots.

3.

Action taken against her

4.

Criticism of her harassment

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a. As soon as this issue ofAwadhnamahit the stands, some sections of the Muslim community expressed
outrage over the caricature, saying that depictions of the Prophet are never published. Six first information
reports (FIRs) were filed against her in various parts of Maharashtra. She was arrested on February 4
by the Thane police but was granted bail.

a. Firstly half the time, many of these people who feel offended havent even read what it is about.
b. Kills point of debate; instead of negotiations brute force is used.
c. Bing harassed because she is a women:

i. Interestingly, it is not the maulanas or religious heads that are baying for Shirin Dalvis blood. She
says, she has been let down by her own tribe. Zubair Azmi, who heads the Urdu Markaz, an
organization that promotes Urdu literature, was the first complainant.
ii. Shirin Dalvis repeated argument is that people such as Azmi and Ahmed are doing this out of
personal jealousy and to prevent her from succeeding as a woman.

GS

iii. Sameera Khan is of the opinion that these so-called Muslim intellectual men are extremely
irresponsible. They tend to influence the community, and this leads to even bigger and more
complex problems. Sameera Khan, who has taught Muslim women journalism, says it is an
extremely hard profession for them to be in. Any growth is completely squashed. I understand
what Shirin is saying.
iv. Shirin Dalvi now became editor ofAwadhnama. To be a woman editor in the Urdu language press
is no small feat. Obviously, she had her detractors and they finally had their say.
d. Against freedom of expression.
e. If you dont like it then dont read.
f.

What Shirin Dalvi did was perhaps a bad editorial decision. She seemed to have realized that and
clarified the same in her newspaper almost immediately. What is important to understand is that her
intention was not malicious or devious. It was her way of explaining to the readers what had happened
in theCharlie Hebdocase.

Notes

g. While the controversy over a television comedy show hogs prime time on national television, Shirin
Dalvis case has been relegated to the background. Observers say this is a sad reflection of the media,
womens and human rights groups, and liberals who have not stuck their necks out for a case that

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requires immediate and aggressive help. It needs to be understood by the larger population that this
is not just about Shirin Dalvi, says a close associate of her who requests anonymity. It is about a
fundamental right being taken away.
IV) Madhorubhagan
A novel by Tamil writer Perumal Murugan.

2.

In January 2014, BJP, RSS and other Hindu outfits alleged that novel,Madhorubhagan,has portrayed the
Kailasanathar temple in Tiruchengode and women devotees in bad light and thus demanded its ban and
arrest of the author.

3.

Story of novel Madhorubagan, Tamil equivalent of Ardhanareeswarar, the presiding deity of Tiruchengodu
temple, revolves around childless couple Kali and his wife, Ponna. Their predicament is discussed in the
backdrop of the traditional free, consensual sex rituals held once in a year during the car festival of
the temple in the past. Kali resists attempts to make his wife to participate in the ritual, but in the end
he is shattered when he finds her missing from home.

4.

Subsequently the author announced that he has given up on writing.

5.

Why backed out

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a. There are legal remedies but they come at a high cost. It wears down a scholar. It wipes out the
financial stability of a publishing house. It stigmatizes the author.
b. These groups are aware that not every creative person is an activist to fight against their vigilantism.
A writer writes, a painter paints, a sculptor makes sculpture a filmmaker makes film and a musician
creates music. That is the calling, the vocation, the expertise. Creators may not have the wherewithal
to wage a legal battle nor are they interested in becoming martyrs. It is a collective responsibility of
society to nurture its creative minds.
States failure to protect them and even acts along with these groups

7.

Social censorship

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6.

a. Two types of censorship social and political.

b. Both of these come together and overlap as if in conspiracy.
c. What happened to Perumal Murugan is clearly social censorship in which the state was an accomplice
in the widest sense of the term. Instead of an outright rejection of the demands from the fringe to
alter the novel that was published four years ago, the state gave legitimacy to the motley gathering
of religious Right and caste groupings. From Godse to the protesters against Perumal Murugan, there
is always an official denial from the establishment of the religious Right about the affiliations of the
perpetrators. A string of coincidences is not a coincidence.
V) KILLING OF GOVIND PANSARE
1.

He was killed in min February.

2.

Why killed not sure as his killers havent been caught.

3.

Who was he

Notes

a. A communist (CPI leader), a rationalist.

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b. He fought against superstition, communalism, exploitation

i. In 1984, Pansare wrote a book calledShivaji Kon Hota(Who was Shivaji). He showed Shivaji as
a secular leader who held all religions in esteem. The image of Shivaji created by the Hindu Right
is of a anti-Muslim and a Hindu king. According to his research many of his military and
administrative staff were Muslims).
ii. Some years ago, ayagnafor world peace was to be performed in Kolhapur by one of the
Shankaracharyas. It would have meant the usual burning of ghee and grains. Pansare protested
successfully against it, once again upsetting the orthodox element.
iii. Narendra Dabholkar and Pansare were friends and associates in the fight against blind faith,
superstition and other beliefs that they saw as irrational and exploitative. After Dabholkar was
killed, Pansare had stepped up the agitation demanding that the government pass the AntiSuperstition Bill.

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iv. He revealed what he believed was the truth about the killing of Anti-Terrorism Squad chief
Hemant Karkare.
1. In December 2014, Pansare organised a function at a public hall in Kolhapur to discuss the
bookWho killed Karkare. Written by the retired police officer S.M. Mushrif, the book speaks
of the possibility of Karkare being killed by Indian agencies because he arrested Hindu
nationalists in connection with the 2008 Malegaon blasts. There were attempts to stop the
event, but Pansare went ahead with it.
v. In January 2015 he opposed glorification of Godse, broke myths of Godse.
c. All these crusades earned him enemies, and over the years he had received threats in various forms.

3)(b) Directive Principle UCC (Uniform Civil Code)

a)(i) NDA government in power

It was mentioned in BJPs manifesto for 2014 general election

2.

And from time to time there have been demands of having a UCC.

GS

1.

a)(ii) Debate over UCC

1)

Opposition

1.

Opposition by minorities esp. Muslims

a. Islamic laws are sacrosanct; cant be changed
i. The Muslim clergy had always succeeded in resisting changes under the pretext of that sacrosanct.
ii. They argue that Islamic law is not amendable to re-interpretation.
b. Will destroy their identity:
i. In general
1. They argue that imposition of UCC would destroy the cultural identity of minorities.

Notes

2. They argue that their personal laws are linked with religious identity in India and therefore
could not be easily abolished.

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ii. Attempt by Hindu communalist organizations

1. They perceived it as an attempt by Hindu communal organizations to impose their customs
on them.
2. I.e., there is threat of a majoritarian homogenizing principle.
c. Reforms should be not be brought out by outsiders. It should be brought from within.
2.

Vested interests
a. Male chauvanists
i. It is opposed by male chauvanists who believe that they would loose dominance over womens
as womens will be treated equally.
b. Politicians

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i. Whenever any discussion is raised then politicians raise a bogey of religion to foil attempts to
amend them.
ii. In short, they appease the minorities as a part of their vote bank politics.
2) In favour of UCC
1.

Counter argument to points given by Muslim

a. Islamic laws are not static M.J. Akbar (journalist, former editorial director India today magazine)
wrote:
i. It is a myth that Islamic law is not amendable to re-interpretation. Islam has always been a
dynamic faith, not a static one and principles have been placed in context whenever needed.
ii. If the Shariat is to be strictly observed, a thief should have his hands cut off. Would todays
fundamentalist Muslims in India agree to this being practiced?

GS

b. How will they lose their identity:

i. How Muslims will lose their identity in the country, having a Uniform Civil Code? How can a
common civil code ever affect faith? What does law have to do with faith?
c. No communal agenda of any party

i. Apart from Hindu organizations, academicians and even judiciary support the uniform civil code
for the country.
ii. Judiciary has on various occasions directed the executive to implement uniform civil code. (like
in Sarla Mudgal case, Mary Roy Case vs. State of Kerala, Jorden Deinddeh vs. S.S. Chopra,
Pannalal Bansilal Case, etc).
d. Reforms can be brought by outsiders
i. Grounds that reforms should be within and not by aliens doesnt means that the reforms shouldnt
come. State can interfere if it leads to social justice.

Notes

e. Infact it would lead to various advantages as mentioned below.

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2.

Womens status
a. At least half of all Muslims are badly served by the Muslim Personal Law.
b. Triple Talaq, no rights to maintenance and subordinate rights of inheritance are all examples of how
my Muslim sisters labor under unfair regulations.
c. Goas case
i. Irrespective of caste, creed or religion, Goas family laws provide for compulsory registration of
marriage to avoid multi-marriages, stringent provisions for divorce, equal sharing of property
among the husband and the wife and equally democratic sharing among the sons and the daughters.
ii. In a conference held in 1997, Justice M B Shah, Chief Justice of Mumbai High Court, who also
heads a bench in Goa, observes that injustices/atrocities on women are less heard in Goa compared
to other states.
National identity

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3.

a. For the founding fathers of our Constitution everything subsumed to the fraternity, unity and integrity
of the nation.
b. In Shah Bano case SC observed that, A common civil code will help the cause of national integration
by removing disparate loyalties to law which have conflicting ideologies.
c. It is an important part of the effort to construct an Indian national identity, over the separate identities
of caste, religion and ethnicity.
4.

Equality (Creates equality among religions)

a. Our Constitution treats everyone equal before law.

b. TheHindu nationalistscontend that it makes little sense to allow Muslims, for example, to marry
more than once, but prosecute Hindus or Christians for doing the same.

5.

GS

c. Why are the womens of two different religion are treated differently in matters of divorce, inheritance
etc.
Many people take advantage of this
a. Many Hindu people convert to Islam to marry twice.
i. Film actor Dharmender converted to islam to marry Hema Mailini.
ii. Chander Mohan (the former Deputy Chief Minister ofHaryana) converted to Islam and adopted
the name Chand Mohammad.
b. The conversion was merely to facilitate a legal second marriage. Some Muslim clerics protested the
misuse of the tenets of Islam for a marriage of convenience.
c. SC verdict In Sarla Mudgal case, 1995 SC said that nonMuslims cant convert to Islam merely for
bigamous relationship.(this decision was reinforced in Lily Thomas case, 2006)
6.

In other places
a. Other Muslim countries have it

Notes

i. In advanced Muslim regimes around the world like in Turkey and in Egypt, the personal laws are
being amended in tune with modern times

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ii. So if they can, then what is secular India thinking about ?

b. Goas example
i. In Goa we have a UCC for all communities. Goas personal laws are uniform in matters of
marriage, divorce and succession.
ii. It made mandatory registration of all marriages and protected Muslim women from the dread of
verbal talaq.
iii. Here UCC is working fine without hurting minorities sentiments.
7.

Its with respect to implementing a directive principle

a. Having a Uniform civil code is a part of directive principles. I.e., the constitution directs the state that
it is a desired a goal and state should strive to achieve it.
If there is common criminal laws then why not common civil law

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8.

a. Furthermore, when criminal laws and some aspects of civil laws were common to the country as a
whole then why the variation of personal laws?
9.

Leads to litigation

a. Eventually, because of discrepancies in the personal law, numerous cases came before the courts.
10. Hindu communalists wont be able to questions Muslims allegiance to republic.
a. Muslims reluctance against UCC is a convenient stick for Hindu communalists to beat minorities esp.
Muslims with. They suspect their commitment to Indian republic.
b. So passing of UCC will rescue Muslims from malicious accusations of hindering national integration.
3) Concluding remark
1.

Implement it

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a. (important line) Resistance and opposition will always be there. But thats shouldnt stop the state from
doing social good.
b. So state should implement this directive principle.
2.

But dont impose them; build consensus.

a. For this we need higher degree of national consensus. And it can happen by educating and convincing
the people. It should not be perceived as being imposed by Hindus on them.
3.

Include all good elements from each

a. In future, while implementing the Uniform Civil Code that has to be done.
b. A Uniform Civil Code should be a Code in which each provision has been incorporated not because
it is to be found in the Shariat or Manu or Christian or Parsi law but because that provision guarantees
the best rights to all citizens; it is the most humane and just provision we can think of.

b) SC verdict on Polygamy
Inahistoric decision in February, 2015 the Supreme Court denied a Muslim man the right to havemorethan
one wife and upheld his termination from employment for committing bigamy.

Notes

1.

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2.

Arguments in favor
a. The court observed that polygamy was not integral to Islam and the practice was not mandated by
religion simply because it was permitted.
b. In a catena of cases, the SC has held that the freedom of religion Under Article 25 protects only those
practices that constitute an essential and integral part of religion. Therefore, Muslim personal law
can claim the protection of Article 25 only if it is established that marriage, inheritance and the other
areas itcoversare essential and integral parts of Islam.
c. The bench was of the view that a Muslim who wants to havemorethan one wife is engaged in neither
professing & practicing nor promoting and propagating his religion.
d. Neither polygamy nor unilateral divorce can be fully identified with Muslimcultureasmost
IndianMuslims are monogamists and have not exercised their right to divorce.

SC
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e. Moreover,IndianMuslim law on these subjects does not reflect the moral mores of the divine verses.
The Quran permits polygamy subject to the impossible condition that the husband is able to deal
justly with his wives. But theIndianlaw ignores this precondition. Considered in the context of the
global history of polygamy, the precondition ismorenoteworthy than the permission.
3.

Thus, the SC rightly upheldservicerules that mandated that an employee can have only one wife.

4.

ThislatestSC decision is in line with the reform of Muslim personal law that it initiated three decades
ago in the Shah Bano case.

4) Union

a) Minimum government maximum governance

Steps taken by NDA government in this direction
1.

With respect to organizations

GS

a. Scrapping of GoM and EGoMs

b. Abolished 4 standing cabinet committee

c. Number of COM reduced.
2.

Reducing laws, scrapping obsolete laws

a. Introduction India is one of the most over-regulated country in the world, i.e., unnecessary laws and
regulations.
b. Consequence
i. Huge economic costs
ii. Fertile ground for corruption
iii. Red Tapism
iv. Inspector raj

Notes

c. With respect to 2014 In June 2014, PM in his 1st meeting with all government secretaries called for
identification of 10 laws from each ministry that are burdensome and should be repealed.

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d. Way forward
i. Case study of UK
1. They have a dedicated agency to do deregulation on sustained basis; to implement repeal of
laws.
2. Impact assessment carried out by each department to understand the costbenefit analysis
of a possible law.
3. Incorporated Sunset clause in a law mandates automatic repeal of a law after a specified period
of time
4. Incorporated Review clause in a law mandates periodic review, but doesnt result in automatic
repeal.

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ii. So, India should do the same.

3. Weed out unwanted files/documents, furniture, appliances, instruments, etc.
4. Egovernance this also comes under it as by this less people can cover greater ground
5. In Nov 2014, government decided that only schemes and projects worth over Rs 1,000 crore
require the approval of the Union Cabinet or the Cabinet Committee concerned. The decision
is expected to significantly cut down the number of proposals that require Cabinet approval
and lead to quicker decision-making at the ministry level. Earlier, projects worth Rs 300 crore
and above required Cabinet clearance.

b) Are we moving towards a prime ministerial form of government with coming of PM Modi
1.

Yes

a. We have move towards the prime ministerial era government.

How?

GS

2.

a. Popularity among the masses

i. He is very popular among the masses;

ii. People votes for him.
b. Clear majority

i. End of coalition era has played an important role as PM is now free from any compulsions.
c. PMO has become stronger vis--vis Cabinet Secretariat.
d. Concluding remark
i. Its not called as NDA government or BJP government but Modi led government or Modi sarkar.
3.

Is it right? - debate
a. No

Notes

i. As ours is a parliamentary form of democracy which talks of a Cabinet form of government

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b. Yes
i. Benefits speedy decisions, no policy paralysis.
ii. As long as it doesnt become a dictatorial form government then its right.
c. But make sure that other agencies like parliament, judiciary and civil society and above all media keeps
a check on it.
c) GoMs, EGoMs
1) Meaning
1.

Both EGoM & GoM were appointed under the GoIs Transaction of Business Rules, 1961.

2.

Meaning
a. Task of GoM was to investigate the matter and then report to the Cabinet, which takes the decision.

2) Evolution

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b. But EGoM was a GoM which was empowered to take decisions on matters it is authorized for, and
such decisions have the force of the Government decision.

1.

The mechanism of EGoMs and GoMs had been created by the first NDA government of Atal Bihari
Vajpayee to tackle complex policy issues and resolve the clash of interests that are inevitable in a
democracy, more so in a coalition where inter-ministerial turf wars are harder to resolve.

2.

However, under the UPA it often became an instrument to delay decisions.

3.

During its 10 year rule, around 80 + such groups were setup on matters ranging from complex to trivial.

3) NDA Government
a) Abolishing it

In May 2014 NDA government announced the abolition of all Groups of Ministers (GoMs)
andEmpowered Groups of Ministers(EGoMs).

GS

1.

a. NDA government inherited 21 GOM and 9 EGOM from the UPA government.
b. The issues pending before the EGoMs and GoMs will now be processed by the Ministries and
departments. If the Ministries face any difficulties, the Cabinet Secretariat and the Prime Ministers
Office will facilitate the decision making process.
2.

Why abolished? According to NDA government, this will

a. Ensure greater accountability
b. Expedite the process of decision-making.
c. Ensure greater empowerment of ministries and department.
d. The concept was also criticized for diluting the doctrine of Cabinet responsibility.
e. PM will have the last word on policy-making.

Notes

i. Due to GOMs the authority and supremacy of the PMO got eroded, with the last incumbent, Dr.
Manmohan Singh, virtually handing over his powers to the Ministers who headed most of these
groups Pranab Mukherjee, Sharad Pawar, P. Chidambaram and A.K. Antony.

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3.

It is in line with the aim of NDA government to

a. End the policy paralysis that its predecessor was accused of, and
b. Achieve its goal of minimum government, maximum governance.

4.

Concluding remark
a. As we said above that according to NDA government, all Ministers who have difficulties in deciding
issues relating to their own Ministry to refer them to the PMO and the Cabinet Secretariat for
resolution.
b. But it should be ensured that this should not lead to an unhealthy centralization of power and an
autocratic regime in the future.

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c. An omniscient super-PMO must not destroy the Cabinet system that envisages decisions through
consensus.
d. Rather, Mr. Modi should act as a facilitator, using persuasion and not diktat. He must rely on the
collective wisdom of his Cabinet colleagues to create an effective and harmonious administration.
b) GoMs are back in business, but only informally April 2015
1.

9 such groups.

a. In the 11 months since he abolished nine Empowered Groups of Ministers (EGoMs) and 21 Groups
of Ministers (GoMs) that he had inherited from the UPA government, PM Narendra Modi has
informally constituted at least nine such groups of course, without any official notification.
b. The latest came on April 9, 2015, when Mr. Modi referred the proposed contentious amendments to
the Juvenile Justice Act to a group of senior Ministers instead of taking it up at the evenings Cabinet
meeting.

2.

Comment

GS

c. Of the nine-odd groups set up by the Modi government, seven have been constituted to look at
controversial pieces of legislation.

a. If the dissolution of the UPAs GoMs and EGoMs last May was intended to send out an unequivocal
message that the BJP-led NDA government intended to end the policy paralysis that its predecessor
was accused of, the creation of committees without names are an indication that governance can be
a difficult business.

d) PMO rising in power

1) Signs of emergence of a strong PMO
1.

Comment of Nirpendra Mishra (present principal secretary)

a. PMO must reflect image, personality, commitments of PM.
b. Nripendra Misra after taking over as Principal Secretary in the Prime Ministers Office (PMO) asserted
that the PMO will have to reflect the image, personality and commitment of the Prime Minister. The
entire machinery will be geared up to fulfill the mandate of the new leader.

Notes

c. He said that PMO, which is set to become an important power centre in the new dispensation.

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2.

As Gujarat CM
a. Mr. Modis office played a critical role in governance in Gujarat, fast-tracking key projects through the
decision-making process.
b. Thus, as the past record shows, Modi will make his office stronger even now.

3.

Establishing of GoM, EGoM

a. They have been established and all ministries facing problem will be guided by PMO and Cabinet
secretariat.

2) Facts
1.

It is a staff agency meant for providing secretarial assistance and crucial advice to PM.

2.

When established

3.

Status

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1947

a. It is an extra constitutional body.

b. It enjoys the status of a department of the Government of India under the allocation of business rules,
1961.
4.

Composition

a. PMO is headed politically by PM, and administratively by the Principal Secretary.

b. It additionally consists of other secretaries and advisors like
i. Advisor to PM,

ii. National security advisor,

iii. Communication advisor, etc.

Functions - Why need of PMO?
a. Main task

GS

5.

i. He assists the PM in the discharge of his overall responsibilities

ii. He performs various technical functions so as to leave PM with enough time to concentrate on
major policy decisions by processing all the proposals that are sent to him.
iii. Looking after the public relations of the PM like contact with the press and general public.
iv. As all functions which dont belong to any misitry/department belongs to PM, so PMO acts as
a residual which legatee deals with all such subject which are not allotted to any ministry/
department.
b. Other tasks
i. Cabinet activity
1. As PM is the coordinator of the cabinet and there is proximity of PMO to PM, so it plays
an influential role in cabinet activity as well.

Notes

ii. Foreign policy

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1. And although the external affairs ministry is a regular and large ministry, but in reality its the
PM who in consultation with PMO guides and design the foreign policy of nation.
iii. Planning
1. Since pm use to be the chairman of Planning Commission and thus PMO exercises considerable
influence during deliberations and formulations of plans.
2.

Its evolution
a. Role of PMO varied from PM to PM, i.e., it depended on individual style of functioning of PM.
b. But broadly we can say that it has grown in both
i. Size and

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ii. Power, status.

c. Reasons for dominance of PMO over cabinet:
i. Obvious reasons

1. Enormous role of PM and

2. As PM is the coordinator of the cabinet, and there is proximity of PMO to PM , so PMO

also plays an influential role in cabinet activity as well.
ii. Also it depends on the personality of

1. PM: If wants a strong PMO then obviously it will happen

2. Principal secretary: When LK Jha, Brijesh midhra were PS then PMO became dominant.

3.

Conclusion

GS

3. In general, members of PMO have a tendency to acquire power and authority of their own
in the name of Prime Minister.

a. Due to the fact that PM performs various functions, big PMO is required and will remain in the future
also.
b. But it should not dominate and interfere in the functions of:
i. Cabinet secretariat and
ii. Other ministries/departments
c. And for this to happen both should act sensibly and responsibly
i. Principal secretary himself should not try to assert himself and should not try to take advantage
of his position.

Notes

ii. Most importantly PM has the major role because role of PMO depends mainly on how the PM
wants to use it, i.e., relation between cabinet secretary and principal secretary depend on him.

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e) Leader of Opposition
1) Overview
1.

Has statutory backing

a. The post of leader of opposition has received statutory recognition through theSalary and Allowances
of Leaders of Opposition in Parliament Act, 1977
b. It defines the term leader of opposition.

2.

Definition

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a. The above act which defines the term Leader of the Opposition as That member of theLok
Sabhaor the Rajya Sabhawho, for the time being, is the Leader of that House of the Party in
Opposition to the Government having the greatest numerical strength and recognized, as such, by the
presiding officer of that house.
b. Or in simple words Leader of the Oppositionis a legislator who leads theofficial oppositionin
either House of theParliament of India.
3.

Criteria for formal recognition

a. 10% of total strength:

i. In order to get formal recognition, the concerned party must have at least10% of the total
strength of the House(55 seats in the Lok Sabha).
ii. If any party fails to get 10% seats in opposition, the House will not have recognized leader of
the opposition.
b. Not awarded to leader of alliance:

GS

i. The post of Leader of the Opposition can only be awarded to the leader of a single political party
and not to the leader of an alliance, even if the alliance was formed prior to the election.
ii. This means that a single party would have to meet the 10% seat criteria, not an alliance.
4.

His role

a. The Leader of the Opposition enjoys the rank of a Cabinet minister.

b. The Leader of the Opposition in Lok Sabha serves on several important committees, including the
selection panels for the
i. Chief Vigilance Commissioner,
ii. Central Bureau of InvestigationDirector,
iii. Members of the Lokpal,
iv. Members of NHRC and
v. Chief Information Commissioners.

Notes

c. Democracy requires strong opposition voice to act as checks and balances.

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5.

What if no officially recognized leader of opposition?

a. In cases where there is no officially recognized Leader of the Opposition, the leader of the single
largest group in opposition will discharge the role of leader of opposition. However, leader of the
largest group does not receive the salaries and allowances that an officially recognized one would
enjoy.
b. Or simply, in words of Subash Kashyap we can have leaders in opposition but we cant have the
leader of opposition.

2) Background
1.

1st Official leader of opposition

a. Ram Subhag Singh
b. He was of congress(O)

2.

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c. Appointed in 1969 when there was a split in congress.

When Indian didnt had any official leader of opposition?
a. Till 1969 and
b. From 1980 1989
3) In news with respect to Lok Sabha

In the 16th Lok Sabha congress was the 2nd largest party with 44 seats.

But for claiming the post of leader of opposition it needs 55 seats (10% of strength of house).

So its well short of it.

Although, the UPA has 60 members, but as we read above that the post can be given only to leader of
a party and not to leader of alliance.

This was said by Shubash Kashyap and also by attorney general.

Suggestion
o

GS

According to some experts, number of votes instead of seats shall be the criteria. In 2009 BJP got
19% of votes but got LOP. In 2014, Congress also got 19%.

Conclusion
o

Government should amend the law to allow the opposition to claim it.

Should rise above partisan politics and should be flexible.

5) State - GOVERNORS
1. Removal of Governor (Pleasure of President)
1) Introduction
Governor holds office during the pleasure of President.

2.

Removal

Notes

1.

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a. I.e., he can be removed before the expiry of his 5 year tenure. Thus, he has no security of tenure and
no fixed term of office. He can be removed anytime.
b. Constitution doesnt lay down any ground upon which governor may be removed by the President.
3.

Transfer
a. Also, President may transfer a governor appointed to one state to another for the rest of the tenure
b. Does it also come under Pleasure of President?

4.

And as the President is bound to acton the aid and advice of the Council of Ministersunder Article 74
of the Constitution, in effect it is the central government that appoints and removes the Governors.
Pleasure of the President merely refers to this will and wish of the central government

(a) Removal with change in union government Spoils System

1.

VP Singh government - 1989.

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Office of the government is subjected to the spoils system under which the party in power after winning the
election rewards its loyalists.

a. National front government headed by VP Singh asked all the governors to resign as they were appointed
by the Congress government (some were replaced, some were allowed to continue)
2.

Congress government - 1991

a. Same thing was repeated in 1991, when Congress government headed by PV Narsimha Rao changed
14 governors appointed by previous government (of VP Singh and Chandra Shekhar)
3.

UPA government in 2004

a. UPA led central government removed the Governors of UP, Haryana, Gujarat and Goa in July, 2004
4.

Recently NDA government

GS

a. NDA government removed more than 15 governors.

b. Majority of them were asked to resign, a couple of them were removed; and a couple resigned after
being transferred to NE states.
c. This was criticized by opposition parties and media as a dictatorial step, unconstitutional, unethical.
(b) Arguments in favor by NDA government
1.

Policies: If the views of the Governor are not in tune with the policies of the new government then he/
she may create problems for the Centre.

2.

Like Attorney-General, the Governors too should quit soon after a change of guard at the Centre.

3.

Most of were appointed by Sonia Gandhi and not on merit.

4.

In 2004, four Governors were appointed during NDAs regime were removed arbitrarily. So its tit for tat.

c) Conclusion
1.

SC judgment in BP Singhal vs UOI, 2010

(important, it was in news)

Notes

a. The President, in effect the central government, has the power to remove a Governor at any time

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i. without giving him or her any reason, and

ii. without granting an opportunity to be heard.
iii. (these 2 were recommended by previous commissions see below)
b. However, this power should only be exercised in rare and exceptional circumstances for valid and
compelling reasons. Governor cant be dismissed arbitrarily on grounds, such as:
i. Central government has lost confidence in him.
ii. His ideology is at odds with that of union government.
iii. Thus, a change in central government cannot be a ground for removal of Governors, or to appoint
more favorable persons to this post.
c. A decision to remove a Governor can be challenged in a court of law.

d.

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i. In such cases, first the petitioner will have to make a prima facie case of arbitrariness or bad faith
on part of the central government. If a prima facie case is established, the court can require the
central government to produce the materials on the basis of which the decision was made in order
to verify the presence of compelling reasons.
Sarkaria commissions recommendation

a. Fixed tenure of 5 yrs (it should be disturbed rarely and that too for extremely compelling reasons).
b. If he is removed then the procedure should be

i. Governor should be apprised of the grounds on which he is removed and thus should be given
the opportunity to defend himself.
ii. President shall get governors explanation examined by an advisory group consisting of VP and
retired CJI or LS speaker.

GS

iii. After receiving the groups recommendation, parliament can pass appropriate orders.
iv. Ground for dismissal should be laid before the both houses of Parliament.
2. Appointment
a)(i) Present scenario
1.

Maximum people appointed from politicians:

a. I.e., those from ruling party.
b. Who have lost elections.
c. In some cases ex-CMs also appointed.
2nd category is of retired bureaucrats.

3.

Retd. Chiefs of defense services.

4.

Social activists.

5.

Academicians.

Notes

2.

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Recommendations
Various commissions like ARC-1, Sarkaria commission, NCRWC, Punchhi commission have made
recommendations with respect to it, so broadly we can say that
1.

Criteria to be seen
a. Person of eminence.
b. Person of detached personality (detached from political parties and material pursuits).
c. Person of wide social and political background.
d. Deep understanding of economy and polity.
e. Should be appointed from outside the state.
With respect to politicians:

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2.

a. Active politicians shouldnt be appointed.

b. Those politicians shouldnt be appointed (i.e., those who have lost election).
c. Those who have spent a large part of his life in serving one party.
3.

With respect to civil servants:

a. Cooling off period should be there.

4.

Consultation

a. Consultation with the state of CM should be there.

b. Also others should be consulted like speaker of LS and Vice President to widen the base.
c. Consultation should be transparent instead of confidential

GS

b)(i) CBI questioned governors of WB and Goa as witness

In January 2014, CBI had approached Union Law Ministry underUPA Governmentto record statements
of West Bengal GovernorM.K. Narayananand Goa GovernorBharat Vir Wanchoo for being a witness
to chopper-gate (i.e., Augusta Westland scam or 2013 Indian helicopter bribery scam).

Their statements were considered vital as Narayanan wasNational Security Adviserand Wanchoo was
Chief ofSpecial Protection Group(SPG) at the time of signing of contract with Agusta Westland.

However, Union Law ministry rejected CBIs request to examine them claiming they had constitutional
immunity Under Article-361.

UPA was defeated inIndian general election, 2014and with the incomingNDA Governments permission,
West Bengal GovernorM.K. Narayananbecame the first ever Governor to be questioned by police in a
criminal case. Later on Bharat Vir Wanchoo was questioned.
o

Its because immunity Under Article-361, includes immunity from prosecution but doesnt precludes
questioning of governor as witness.

Subsequently, both of them resigned (MK naraynan on 30th June and Wanchoo on 4th July)

Notes

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b)(ii) immunity Under Article 361

1.

With respect to Official acts (even after tenure):

a. He enjoys personal immunity from legal liability for his official acts (even after tenure).

2.

With respect to personal acts (during tenure):

a. During the tenure of his office, he is immune from any criminal proceedings even in respect of his
personal acts. He cant be arrested or imprisoned.
b. However, after giving 2 months notice, civil proceedings can be instituted against him during his tenure
with respect to his personal acts.

c) Special powers of governor with respect to Hyderabad

1.

Background information

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a. Hyderabad is not a UT. For 10 years it will be the joint capital of AP and Telangana and thereafter
it will be the capital of Telangana only.
b. Also AP and Telangana have a common governor.
2.

Issue

a. Now the section-8 of AP reorganization act says that the governor of the two states shall have special
responsibility with respect to Hyderabad esp. in matters such as laws and order and internal security.
b. It is given for the security of life and property of all those who reside in such area:
i. This was demanded by people of Seemandhra who are living in Hyderabad.
c. For this governor has discretionary power and the validity of anything done by the Governor in
exercise of his individual judgment shall not be called in question.
d. The Governor shall be assisted by two advisors to be appointed by the Central Government.
But this is opposed by TRS (Telangana Rashtra Samiti) who argues that it lacks control of Hyderabad.

4.

Domino effect (as said by TRS)

GS

3.

a. The bigger threat is the use of similar orders to meddle with the affairs of other major cities in India.
b. A certain section comprising outsiders has been demanding that the administration of Mumbai be
separated from Maharashtra. The attacks on the workers of Uttar Pradesh and Bihar have led to such
demands. Even the corporate world, which has no love or respect for the local sentiments, culture,
language and heritage of a city or a State, is complicit in making such demands.
c. A section of the corporate world has made such controversial demands even in Bangalore in the past.
d. It is not the question of Hyderabad alone. It can happen to any other major city in India. No city
including Bangalore, Mumbai and Chennai will be safe if we dont oppose the orders of the Centre.
e. If not opposed then all this may lead to unrest across India and pit the locals against the outsiders.
5.

Note

Notes

a. This is a distinctive case as only when a governor is on leave or there is vacancy in a state then only
a governor of other state is given an additional charge.

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6) Federalism
Cooperative Federalism
1.

Meaning of Cooperative Federalism

a. Sincere cooperation between center and state; complete coordination
b. There is consensus among the two on fundamental issues.

2.

PM Modis comment
a. We want to promote co-operative federalism in the country. At the same time, we want a competitive
element among the states. I call this new form of federalism Co-operative and Competitive Federalism

3.

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b. Modi has on many occasions called that team India (center and states) must work to forge a cooperative
federalism.
Steps by government in this direction

a. Far-reaching recommendations of the 14th finance commission, creation of the NITI Aayog and
implementation of GST, will further the Governments vision of cooperative and competitive federalism.
b. The necessary, indeed vital, encompassing of cities and other local bodies within the embrace of
cooperative and competitive federalism is the next policy challenge.
4.

At the same time, since May 2014 several irritants have emerged as well.
a. The removal and appointment of governors, the home ministrys instructions to Haryana on the
Haryana Sikh Gurdwara (Management) Act, 2014, to Telangana to hand over law and order powers
to the governor of Hyderabad and to the National Investigation Agency on the Burdwan blasts probe
are instances that remind us that cooperative federalism remains on the horizon of our expectations.

GS

7) Judiciary

a) Analysis of SC cases January 2015

1.

Constitutional cases According to analysis of 888 final judgments by various benches of the SC handed
down in 2014 a.

An analysis of the courts rulings has shown that just 7 per cent of the judgments passed by the
Supreme Court last year dealt substantially with Constitutional matters.

b. The new findings, alongside earlier ones by legal researcher Nick Robinson, point to the growing
proportion of routine appeals in the apex courts workload as against core Constitutional matters.
c. The problem, senior advocate Rajeev Dhawan said, is structural. I have suggested that the SCs
Benches should be split into three separate divisions public law, civil law and criminal law, he said.
2.

PIL

Notes

a. Despite the SCs reputation in the public imagination as the arena for public interest litigation, less than
2 per cent of the SCs admission matters in 2011 were writ petitions.

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3.

Special leave petitions forms the bulk

a. The bulk of the SCs workload was appeals from the High Courts, known as Special Leave Petitions,
which made up 85 per cent of its admission matters. While the proportion of writ petitions has fallen
steadily, that of SLPs has risen steadily over time, Mr. Robinson found.

b) Ex-CJIs as governors
1) Introduction:

In September 2014, former CJI P. Sathasivam was appointed as Kerala governor.

It is for the first time a former CJI is being appointed to a such a natorial post.

And this generated a debate on judicial autonomy.

2) Compromises judicial autonomy a wrong trend:

Sources in the judiciary and legal profession say the appointment of a Governor is mercy of the
Executive.

This may adversely affect Judiciarys autonomy as the outgoing CJI may take decisions in favor of
executive in return for the post of governor.

And thus it may set a wrong precedent.

Former CJI V.N. Khare said that if he had been offered, he would have refused. Advocate Prashant
Bhushan agrees that such appointments are not at all appropriate.

3) Thus it is not a right trend

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But other experts said that there is nothing wrong in accepting a Constitutional post after retirement.

Best person to judge constitution

GS

a. A constitutional expert argued that we needto have distinguishedpersons who have some mastery of
the Constitution, who can deal with a Constitutional crisis. Who is better than a former CJI?
b. Thus, in his view of Justice Sathasivams appointment would in fact elevate the office of the
Governor. And one such appointment cannot be called a trend. If at all, this is a healthy trend

Other patronage system also there

a. ExCJI Sathasivan said that the former CJI Ranganath Mishra was a member of the Rajya Sabha.
b. Also some former chief justices of high courts have functioned as Law Ministers.

Also ex - CJI Sathasivamsaid that the role of Governor was limited and was an opportunity to serve the
people.

4) Conclusion cooling off period

Former chairperson of parliamentary standing committee on law suggested that judges should go through
a cooling off period before taking up positions offered by government.

Law commission recently suggested that a cooling off period of 3 years should be there.

Notes

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c) Contempt of Court
1) In news
1.

On January 30, 2015, the Supreme Court sent M.V. Jayara January of the Communist Party of India
(Marxist) to four weeks in prison for criminal contempt of court.

2.

In a public speech delivered in 2010, Mr. JayaraJanuary, who is an ex-Member of the Legislative Assembly
for Kerala, had criticized a Kerala High Court judgment banning meetings along public roads in order to
ensure the smooth flow of traffic, observing that the judges were idiots, should resign from office and
that their judgment had the value of grass.

3.

The High Court had found him guilty of contempt, and the Supreme Court agreed, but reduced his
sentence from six months to four weeks.

4.

Comment

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a. The concern that the judgment raises is that while chilling statements of the nature that he made, it
will also chill healthy and legitimate criticism from being circulated for fear of contempt sanctions.
b. Given the secure institutional position of courts, we should err on the side of under-enforcement that
promotes genuine criticism, rather than over enforcement which seeks to stifle illegitimate criticism.
2) About it

The following 3 articles are related to contempt of court

1.

Article 19(2)

2.

Article 129

3.

Article215

Article -19 (2)

Article19 (1)(a) provides for freedom of speech and expression.

And Article19(2) provides allows the state to impose reasonable restriction on it on many grounds. And
one of it is contempt of court.

GS

Article 129 and Article-215

Article 129 SC to be a court of records

Article215 HC to be a court of records

I.e. these 2 articles explicitly gives powers to SC and HC respectively to punish someone for their contempt.

Notes

28

Article

Title

Exact wording of article

129

SC to be a court of record
(Remember it has 3 meanings..1
of them is with respect to
contempt)

SC shall be a court of record and shall have all the powers

of such a court including the power to punish for
contempt of itself.

215

HC to be a court of record

Every HC shall be a court of record and shall have all the

powers of such a court including the power to punish for
contempt of itself.

www.iasscore.in

d) Delay in cases
1.

LM Mishra assassination case was killed in 1975, final verdict was given in December 2014; took almost
40 years.

2.

Hashimpura verdict 28 years

3.

Salman Khan case still pending

e) Under-Trials
1.

Meaning
a. One who is currently ontrialor who is imprisonedon remandwhilst awaitingtrial.

2.

How many Present status in India

3.

Reason

SC
OR
E

a. As per data compiled by NCRB at the end of 2013, out of the total population of 4,11,992 inmates
in jails, the total number of undertrial prisoners in the country was 2,78,503, which constitutes 67.6%
of total inmates.

a. Slow judicial process; slow & complex criminal justice system

b. Since under-trial prisoners are generally illiterate - totally unaware of their rights and the charges they
face; are unable to access the documents relating to the case and unaware of bail order or terms and
conditions and strong legal aid to project their rights is required.
4.

Consequence
a. Overcrowding of jails

b. Financial and other burden on jails, i.e., due to huge number of trials there is a huge financial burden
on jails. Also the jails are over-crowded.

GS

c. And many of the undertrials are locked with hard core criminals which can have negative effects.
Also there is high prevalence of AIDS and chances of people getting in these overcrowded jails are
high.
d. Denial of justice Justice delayed is justice denied.
5.

Steps taken in late 2014 section 436A

a. Section 436A of CrPC
i. It states that if an under trial has been hailed for a period extending up to half the maximum term
for that offence, he shall be released on personal bond.
ii. The clause does not apply to those who could face death or life term.
b. Steps taken

Notes

i. Supreme Court in its order dated 5.9.2014 in Bhim Singh Vs Union of India & Others relating
to under trial prisoners, has directed for effective implementation of Section 436A of the CrPC
by directing the jurisdictional Magistrate/Chief Judicial Magistrate/Sessions Judge to hold one
sitting in a week in each jail/prison for two months commencing from 1st October, 2014 for the
purposes of effective implementation of section 436A of the CrPC.

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ii. An advisory dated 27.9.2014 has also been issued by the Government of India to the States/UTs
on reckoning half-life of time spent in judicial custody of undertrial prisoners under Section 436A
of Cr.P.C.

f) Tribunals (problems with them) March 2015

1.

In march 2015, Madras High Court struck down key provisions relating to the Intellectual Property
Appellate Board (IPAB) established under the Trade Marks Act, 1999, as unconstitutional.

2.

This is yet another interlude in the tussle between judiciary and the legislature on the tribunalisation of
courts.

3.

There has been much concern over the validity, character and competence of several of the tribunals in
India.

SC
OR
E

a. The Supreme Court has, in a range of decisions, articulated the principles that a tribunal has to abide
by in order to be constitutionally valid. The Court in Chandra Kumar(1997) andNCLT(2010) suggested
that the tribunals which were replacing the jurisdiction of the Courts should enjoy the same constitutional
protections as them. This meant that when the jurisdiction is being transferred from a court to a
tribunal, the members of this tribunal should hold a rank, status and capacity which is as close to those
of the judges in a court as possible.
b. A Vidhi Centre for Legal Policy report (2014) has identified about 29 different tribunals set up under
various Central legislations, and finds several of them to be inconsistent with the parameters laid down
by the Supreme Court.
c. The crux of the present case is with regard to the qualification and selection of Chairman, Judicial
Member and Technical Member of the IPAB.
Yet, little effort has been made by the legislature in making the law consistent with these constitutional
principles. Instead, as the honorable judges have noted, the government continues to be furtive and
reticent about these precedents while the tribunals usurp judicial powers.

5.

Concluding remark -

GS

4.

a. At stake are core principles of an independent judiciary and separation of powers, a part of the basic
structure of the Constitution.
b. Tribunals are designed for speedy disposal of specialized disputes. But a tribunal which is biased,
incompetent and unfair, cause more harm than serve such intended purposes.

g) NJAC National Judicial Appointments Commission

1.

Overview
a. National Judicial Appointments Commission (NJAC)is a proposed body to be responsible for the
appointment and transfer of judges to the higher judiciary inIndia.
b. The Commission is established by amending theConstitution of Indiathrough the ninety-ninth
constitution amendment vide the Constitution (Ninety-Ninth Amendment) Act, 2014 passed by theLok
Sabhaon 13 August 2014 and by the Rajya Sabhaon 14 August 2014.

Notes

c. The NJAC replaced thecollegium systemfor the appointment of judges as mandated in the existing
pre-amended constitution by a new system.

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d. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act,
2014, was also passed by the Lok Sabha and the Rajya Sabha to regulate the functions of the National
Judicial Appointments Commission.
e. The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures
in India, and subsequently assented by thePresident of Indiaon 31 December 2014.
f.

The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.

g. A new article, Article 124A, (which provides for the composition of the NJAC) will be inserted into
the Constitution.
2.

Composition As per the amended provisions of the constitution, the Commission will consist of the
following persons:
a. Chief Justice of India(Chairperson,ex officio).

SC
OR
E

b. Two other senior judges of the Supreme Court next to the Chief Justice of India -ex officio.
c. The Union Minister of Law and Justice,ex-officio.

d. Two eminent persons (to be nominated by a committee consisting of the Chief Justice of India,Prime
Minister of Indiaand theLeader of oppositionin the Lok Sabha or where there is no such Leader of
Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the
two eminent persons, one person would be from theScheduled Castes or Scheduled Tribesor
OBCorminority communitiesor a woman. The eminent persons shall be nominated for a period of
three years and shall not be eligible for re-nomination.
3.

Functions As per the amended constitution, the functions of the Commission include the following:
a. Recommendingpersons for appointment as Chief Justice of India, Judges of the Supreme Court,
Chief Justices of High Courts and other Judges of High Courts.
b. Recommending transfer of Chief Justices and other Judges of High Courts from one High Court to
any other High Court.

4.

GS

c. Ensuring that the persons recommended are of ability, merit and other criteria mentioned in the
regulations related to the act.
Procedure to be followed by the commission The National Judicial Appointments Commission Bill,
2014, has laid down the following procedures for the selection of the Judges of the higher judiciary.
a. Procedure for Selection of Supreme Court judges
i. Chief Justice of India
1. The Commission shall recommend the senior-most judge of the Supreme Court for appointment
as Chief Justice of India.
2. This is provided he/she is considered fit to hold the office.
ii. Supreme Court Judges
1. The Commission shall recommend names of persons on the basis of their ability, merit and
other criteria specified in the regulations.

Notes

2. The Commission shall not recommend a person for appointment if any two of its members
do not agree to such recommendation.

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b. Procedure for Selection of High Courts judges.

i. Chief Justices of High Courts
1. The Commission shall recommend a Judge of a High Court to be the Chief Justice of a High
Court on the basis of seniority across High Court judges.
2. The ability, merit and other criteria of suitability as specified in the regulations would also be
considered.
ii. Appointment of other High Court Judges

SC
OR
E

1. The Commission shall seek nominations from Chief Justice of the concerned High Court for
appointments of High Court Judges and then forward such names to the Chief Justice of the
concerned High Courts for his/her views. In both cases, the Chief Justice of the High Court
shall consult two senior most judges of that High Court and any other judges and advocates
as specified in the regulations.
2. The Commission shall elicit the views of the Governor and Chief Minister of the state before
making recommendations.
3. The Commission shall not recommend a person for appointment if any two members of the
Commission do not agree to suchrecommendation.

h) Commercial courts

Law commissions view in January 2015

o

Law Commission on Thursday recommended a new law and changes in CrPC to set up following to
ensure speedy disposal of monetary suits
exclusive commercial courts and

commercial divisions in the high courts across the country

If implemented then this will lead to quick resolution of commercial disputes which will in turn
further economic growth, increase foreign investment, and make India an attractive place to do business.

GS

Budget 2015

For the quick resolution of commercial disputes, the Government proposes to set up exclusive commercial
divisions in various courts in India based on the recommendations of the 253rd Report of the Law
Commission. The Government proposes to introduce a Bill in the parliament after consulting stakeholders
in this regard.

8) Elections
a) Gujarat first to make voting compulsory in local body polls Nov 2014
1.

Introduction
a. In Nov 2014, the Gujarat Local Authorities Laws (Amendment) Bill, 2009 received the Governors
assent.

Notes

b. This act makes voting compulsory in local bodies.

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c. It shall now be the duty of a qualified voter to cast his vote at elections to each of these bodies. This
includes the right to exercise the NOTA option.
d. The Act empowers an election officer to serve a voter notice on the grounds that he appears to have
failed to vote at the election. The voter is then required to provide sufficient reasons within a period
of one month, failing which he is declared as a defaulter voter by an order.
e. The penalty has not been spelt out and it may find a place only in rules to be framed in future.
f.

2.

The Act carves out exemptions for certain individuals from voting if (i) he is rendered physically
incapable due to illness etc.; (ii) he is not present in the state of Gujarat on the date of election; or
(iii) for any other reasons to be laid down in the Rules.

Critical aspect
a. In favour

SC
OR
E

i. Would reverse the trend of declining voter turnout in successive elections.

ii. Parliament would reflect, more accurately, the will of the electorate.
iii. People who know they will have to vote will take politics more seriously and start to take a more
active role.
iv. Voting is a public duty in a democratic state which everyone should do.
v. It is done in some countries like Australia, Latin American countries like Brazil, Argentina.
b. Against
i. Violates RPA

1. Section 79(d) of the Representation of the People Act says: that electoral right includes
the right to vote or refrain from voting at an election.

GS

ii. Violates constitution

1. It is in violation of freedom of expression.

2. Violates A-21

3. Right to vote also includes right not to vote

iii. It is practically impossible.

iv. There are other suggestions to increase voting.

v. Such a law could lead to huge number of cases because the law had to be implemented properly.

b) Educational qualification for contesting elections Dec 2014

1.

Overview of episode Timeline

a. Rajasthan Panchayati Raj (Second Amendment) Ordinance, 2014
i. It was promulgated on 20th Dec, 2014.

Notes

ii. It introduces a set of educational qualifications of secondary education in order to be able to

contest Panchayat elections.

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iii. For the post of Sarpanch, Class VIII is the minimum qualification, while posts in the Zila Parishad
require a Class X pass.
b. The ordinance was challenged by several non-governmental organizations and political parties including
the Congress and a petition was filed in SC challenging the ordinance.
c. In early January 2015, SC refused to hear the petition on procedural grounds and send it back to the
High Court. The petition is currently being heard by the Rajasthan High Court.
2.

Debate
a. Arguments in favour of Educational qualification
i.

The rationale of the law is to encourage education and literacy.

ii. As Panchayts handle developmental funds educated people will be more efficient and less corrupt.

SC
OR
E

iii. The ordinance may be constitutionally valid as the facts are analogous to the reasoning of the Supreme
Court inJaved(2003). (InJaved, the Supreme Court upheld the constitutionality of a provision that stipulated
that no person who has more than two children could be elected as the sarpanch or panch of a panchayat. A
similar reasoning may be applied in the case of this ordinance as well)
b. Arguments against prescribing Educational qualification

i. They might be unlettered, but not uneducated. They can have learned more in the school of life.
They can have wisdom which is not taught in schools.
ii. With respect to inefficiency & corruption

1. Corruption has no connection with educational qualification,

2. Infact most corrupt people are so-called literate.

iii. Will exclude many as leave secondary, people are not fully literate.

GS

1. According to 2001 census, 82.5% of people above 20 yrs of age in rural Rajasthan dont have
formal education beyond class 5 or primary level.
iv. The law therefore excludes the majority of potential women contestants.
1. The Rajasthan government has provided for 50 per cent reservation for women in PRIs. But
in rural areas, the literacy rate of women is only 45.8 per cent in tribal areas it is 25.22
per cent as opposed to the corresponding male literacy rate of 76.16 per cent.
v. Loopholes can be found
1. TheJavedjudgment was criticised as there were instances where men gave their daughters up
for adoption to be able to contest elections.
2. Ironically, it is not difficult for those who are influential to obtain false Class X certificates
either.
vi. Education qualification is not the right criteria
1. Panchayat governance requires ethical values and an understanding of local issues gained
from experience, more than Class X certificates.

Notes

2. Going to school in itself doesnt teaches you how to listen to people, how to empathize, how
to understand others.

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vii. Against FR In India, the right to vote is only a statutory right, but the act of voting is a
constitutionally protected freedom of expression under Article 19, as a fundamental right (PUCL,
2013). The freedom to vote is inseparable from the freedom to contest in elections, and hence
a policy of encouraging education cannot arguably prevail over fundamental rights.

c) Dynasty rule - (Hardly an end)

1. In the aftermath of 2014 general assembly verdict, media proclaimed everywhere that Dynasty politics
has come to an end due to following reasons
a. Defeat of congress (which is synonymous to Nehru-Gandhi party) and Victory of BJP which is
perceived as less dynastic.
b. Election of Narendra Modi as PM who has no political dynasty background.
c. No. of MPs having dynastic background has declined to 24% in 2014 from 29% of 2009.

SC
OR
E

d. Modi criticized Congress on various occasions on the issue of dynasty

e. Steps taken by Modi like choosing his cabinet colleagues as well as his direction that future
member of party should be chosen based on merit instead of family background, forbidding BJP
MPs from appointing family members to their personal staff.
2.

But we do a close examination then dynasty rule is alive:

a. Number of MPs are still high at around 24% which is higher then various modern democracies like
US, Canada, UK, Norway, Belgium, Israel in which the proportion of dynastic legislators ranged
between 1 11%.
b. Number cabinet members having dynastic background (although dropped from 36% to 24%, but still
a higher number)
c. And if go beyond union level then it still continues

i. At state level (some 1/3rd states are led by a dynastic CM).

GS

ii. In State legislatures its very high.

iii. Even leaders of political parties and higher membership has dynastic background
d. In future, BJP can also move towards dynastic politics:
i. Many BJP MPs dont have a family background preceding them but they do have a family
members which may follow them in political positions
ii. Example:

3.

PM Atal bihari vajpayees niece and nephew followed him,

Relatives of Kalian Singh, Vasundhra Raje, Raman Singh, Rajnath Singh, PK Dhummal, BS Yeddyruppa
followed them.

Reason for continuance of dynasty politics:

a. Higher returns associated with state office:

Notes

i. Returns like corruption, preferential access to lands, speedy regulatory process, and political
protection as state is not neutral, police protection, etc.

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ii. Due to this, families of politicians want to enter politics instead of areas like business, banking
or bureaucracy.
b. Weak organization of political parties:
i. Family ties function as a substitute for weak organizations.
4.

Conclusion - So it all depends on how various political parties proceeds in coming time.
a. Will they learn from this verdict and will give preference to merit then family background.
b. Congress talks of democratization in organizational structures, but will they bring any change at the
top level.
c. And will BJP be able to sustain it.

d) FPTP vs PR

FPTP

SC
OR
E

In the aftermath of 2014 general election result when it was seen that BJP vote share is less than 50% but
still secured absolute majority then the debate of switching from first past the post (FPTP) to proportional
representation (PR) revived again. So lets take a look at it.
PR (Proportional Representation)

1)

Constituencies

The entire country is divided into

small geographical units called
constituencies or districts.

Either entire country is considered a single

constituency or large Geographical areas
are demarcated as constituencies (if the
country is large)

2)

Representative
from constituencies

Every constituency elects one

representative

More than one representative may be

elected from one constituency

3)

For whom
voter votes

GS

With respect to working

Voter can vote either for the either

or for party for candidate

Voter votes for the party (as he doesnt

know about candidate)

Party may get more seats than votes

in the legislature

Each party gets seats in the legislature in

proportion to the % of votes it gets

4)(a) Result
seats vis-
-vis votes

4)(b) Result
Party (or coalition) who wins the
with respect to elections may not get majority of votes.
majority

Party (or coalition) who wins the elections

gets majority of votes.

2) Why we choose FPTP over PR

1.

Simplicity:
a. FPTP is extremely simple to understand even for common voters who dont have any specialized
knowledge about politics and elections.

Notes

b. There is a clear choice presented to voters at the time of elections (which is not in PR).

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c. Voters have to simply endorse a party/candidate while voting.
d. In comparison to FPTP, PR is very complicated and cumbersome.
2.

Stable government (coalition politics):

a. FPTP system generally gives the largest party or coalition some extra bonus seats more than their
share of votes would allow. Thus it helps in the formation of stable government as a government can
be formed without coalition (or less members if there is coalition)
b. But in PR system as there will be fragmentation of votes due to proportion thus there will be
multiplication of political parties and thus leads to creation of coalition government And thus there
is more threat of instability.

3.

Identity politics threat to nationalism:

SC
OR
E

a. PR system esp. in India would promote, sharpen and consolidate the parochial loyalties based on caste,
community, religion and so on.
b. Its because under it each community would prefer to form its own party and thus gather votes on these
lines.
c. And in India which is highly diverse in various aspects there are chances of huge proliferation. Thus
it is not advisable at all for a large and diverse country like ours.
4.

Clear link between constituency and its people:

a. In FPTP, candidates are selected by party for each constituency which are then elected by people.
Voters know who their representative is and can hold him accountable. Thus there is clear accountability.
b. But in PR, its not the case. Its because there is such system of constituency. Voting is done on the
basis of party. Thus, there is no one representative who represents and is responsible for one locality.
5.

Less administrative expenses

GS

a. Due to its simplicity.

e) ADR report on Parties expenditure March 2015

Association for Democratic Reforms (ADR) published a report in march 2015 about expenditure by political
parties. Some of its key findings are
1.

Over the last 10 years, the declared expenditure by political parties for the Lok Sabha elections grew over
400%

2.

Spending on publicity is driving most of the increased expenditure. It now accounts for over a third of
both parties expenses, far exceeding travel, or spending on candidates.

3.

The BJP spent Rs. 712 crore on the 2014 polls, far more than the other five national parties put together.

a.

The Congress declared spending of Rs. 486 crore, which included its expenditure on the four State
elections that ran alongside the Parliamentary election.

Notes

By law, the six national political parties must submit a statement of election expenditures to the Election Commission
within 90 days of the completion of the election. This is supposed to include all funds collected and spent by them in
cash, cheque or through other means between the date of the announcement of the election and the date of completion
of the election, which ranges from 30 to 90 days.

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f) Election Commission sets up committee to allow migrants to vote April 2015

Election Commission has set up a committee of senior officers to consider whether electoral laws can be
changed to allow inter-State migrant voters to retain their names on the electoral rolls of their native
places, and also, if they could cast their votes through mechanisms such as postal ballot, which is accorded
to government servants.

Under the present law, a person can be enrolled only at the place he is residing. A migrant has to get
himself enrolled in the new place.

ECI was responding to a notice issued by the Supreme Court on January 12, 2015, on a petition filed
which sought the same voting privileges accorded to government servants under Section 20(8) (d) of the
Representation of the People Act, 1950, read with Section 60(b) of the Representation of the People Act
1951, which allowed them to vote via postal ballot upon the consent of the Election Commission.
g) Emerging challenges to ECI with respect to campaigning (even in last 48 hrs):
Although campaigning not allowed in last 48 hrs but parties resort to following technologies for it

SC
OR
E

1.

a. Social media
b. SMS

c. Talk shows on channel where political party members take part.

h) New CEC
2.

HS Brahma

a. He succeeded VS Sampath on 15th January 2015.

b. He held office till April 19, 2015.
3.

Nasim Zaidi

GS

a. He succeeded HS Brahma on 15th January 2015.

b. He is the 20th CEC.

c. Prior to this Dr. Nasim Zaidi has served as Election Commissioner since 7.8.2012.

9) Capital punishment

a) Amnesty internationals report on capital punishment/execution in 2014 March 2015

1.

Global scenario
a. How many executions 607 (excluding China)
b. A positive sign
i. Executions fell by a fifth;
ii. Two-thirds of the world has abolished the death penalty.

2.

Country-wise scenario

Notes

a. Incontest of global scenario, China continues to execute the most people (thousands every year) but
does not publish any data).

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b. Iran (289), Saudi Arabia (90) and Iraq (61) accounted for nearly three-quarters of the rest of the
worlds executions in 2014.
c. The United States of America executed 35 people.
3.

Indian scenario
a. Indian courts handed down at least 64 death sentences in 2014.
b. But no executions took place in 2014
c. Last one to be executed were Ajmal Kasab (2012) and Afzal Guru (2013).
b) Death Penalty Debate

a) Abolish it
1.

Philosophical, ethical view:

2.

SC
OR
E

a. We are all the creations of God. So a human system or a human being is not competent to take away
a life based on artificial and created evidence.
Against Right to life in our constitution.

a. This is a particularly ominous finding for democratic countries where the right to life has been
enshrined as a fundamental right.
b. But even fundamental rights are subject to restrictions. It also means that the person should respect
the right to life of other person.
c. The right to live is the birth-right of all living beings.
3.

Failed to be a deterrent

a. Main reason for giving death penalty is to deter others from committing the crime (apart from
punishing the offender).

4.

GS

b. But death penalty has not been proved to be a deterrent.

Innocent can be killed (flaws in judicial process).
a. As justice systems around the world are flawed, there is more than a possibility that someone will be
punished wrongly, and irrevocably.
b. A flawed judicial process can wrongly and irrevocably send a person to death.
c. There is a fear that an innocent life could be snuffed out by an irreversible penalty like death.
d. For example:
i. In early 2012 it was published in an article that a Columbia University law school study found
that the American State of Texas wrongfully executed a man in 1989.
ii. Troy Davis case (he was executed in 2011 in USA) in its case it was not clearly proved that was
he clearly involved. (The issue got international attention at that time).
5.

Scenario in western countries Almost all have abolished it:

Notes

a. If we see then almost all western countries, almost all democratic countries have abolished death
penalty.

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b. Europe
i. The European countries have done away with capital punishment.
ii. I.e. abolition of capital punishment is now a condition for membership of the EU.
c. USA
i. The only western country as exception is USA and in that case also 18 states have abolished it.
6.

Against poor; has a class bias (as said by PN Bhagwati, AP Shah)

a. Various eminent jurists like former SC Judge, P.N. Bhagwati and former chief Justice of Delhi High
Court, A. P. Shah believe that he provision of death penalty is discriminatory against the downtrodden
and poor.

SC
OR
E

b. In words of PN Bhagwati
i. Death sentence has certain class complexion or class bias in as much as it is largely the poor and
downtrodden who become victims of this extreme penalty. We would hardly find a rich or affluent
person going to the gallows.
c. It is because they are more likely to have poor legal representation.
7.

Comment

a. Revenge: Death sentence is justice of revenge as is called by statesmen.

b. Barbaric: Sheer barbarity of taking another persons life.

c. Gandhis quote: An eye for an eye makes the whole world blind.
d. Cruel: Death penalty is the ultimate cruel punishment.

1.

GS

b) Dont abolish it
Conditions of India demand it (Law commissions view)
a. Ours is a different society then western.
b. 4th Law commission presented its view on capital punishment in its 35th report presented in 1967.
c. In this it said that having regard to the following, India cannot risk the experiment of abolition of
capital punishment
i. Conditions in India,
ii. To the variety of the social upbringing of its inhabitants,
iii. To the disparity in the level of morality and education in the country;
iv. To the vastness of its areas;
v. To the diversity of its population; and

Notes

vi. To the paramount need for maintaining law and order in the country at present juncture.

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2.

View of Markandey Katju (former Judge of the Supreme Court)

a. According to him India at present is making a transition from a feudal to a modern society. And in
this period of transition the country needs tough measures.
b. Certain situations require tough measures.

3.

Present procedure is good (rarest of rare cases doctrine is perfect):

a. At present we follow the rarest of rare cases doctrine so death penalty is provided in cases of extreme
heinous crimes only, not in all cases.
b. I.E. for simple murder death penalty is not awarded but only in cases of rape, burning alive, etc., we
give capital punishment.
c. And apart from this we have mercy plea step thus another step by which death penalty can be revoked.

4.

Keeping alive is dangerous

SC
OR
E

d. Thus, it provides for various safeguards.

a. Keeping a person alive is more dangerous because in some cases if that convict gets out of prison then
he can harm the society again.
5.

Human rights of victim

a. What about the human rights of victim?

b. I.e. human rights activists argue that this is against human rights of the convict but what about the
human rights of person who was murdered or raped.
6.

Only way of compensating

GS

a. This is the only way to compensate, or provide justice to, those affected by heinous crimes such as
murder or terrorism.
b. I.e., no amount of monetary compensation can heal it.
7.

As a deterrent

a. Although some argue that death penalty has not acted as a deterrent but many have advocated that
for some it do acts as a deterrent.
b. And thus referring to the growing number of murders, heinous crimes against women, children and
terror crimes, many have advocated retention of death penalty as a deterrent.
8.

Comments

Notes

a. Excess of democracy and human rights is also a threat to existence of democracy and human rights.

41