[Mission 2022] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 08 FEBRUARY 2022

GS Paper 2:

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context:

Recently, six students were banned from entering a college in Karnataka’s Udupi district for wearing a hijab. The issue throws up legal questions on reading the freedom of religion and whether the right to wear a hijab is constitutionally protected or not.

How is religious freedom protected under the Constitution?

Article 25(1) of the Constitution guarantees the freedom of conscience and the right freely to profess, practise and propagate religion. It is a right that guarantees negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercising this freedom.

Limitations: Like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

Observations made by the Supreme Court in this matter:

• People have a right under the Constitution to profess, practise and propagate religion (Article 25).
• Every person is the final judge of his/her choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or life partner.
• Religious faith is a part of the fundamental right to privacy.

Shirur Mutt case in 1954: The doctrine of “essentiality” was invented by the Supreme Court. The court held that the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the responsibility of determining the essential and non-essential practices of a religion.

What are the court’s rulings on Hijab?

In Amna Bint Basheer v Central Board of Secondary Education (2016), the Kerala High Court held that the practice of wearing a hijab constitutes an essential religious practise but did not quash the dress code prescribed by CBSE. It rather provided additional safeguards, such as examining students wearing full sleeves when needed.

In Fathima Tasneem v State of Kerala (2018), Kerala HC held that collective rights of an institution would be given primacy over the individual rights of the petitioner. The case involved two girls who wanted to wear the headscarf. The school refused to allow the headscarf. However, the court dismissed the appeal as students were no more in the rolls of the respondent-School.

InstaLinks:

Prelims Link:

1. Definition of state under article 12.
2. Article 13(3) is related to?
3. Writ jurisdiction of Supreme Court and High Courts.
4. Overview of Articles 21 and 25.

Mains Link:

Discuss the significance of freedom of religion under the Indian Constitution.

Sources: Indian Express.

GS Paper 2:

Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Context:

The Kerala governor has signed the ordinance proposing amendments to the Kerala Lok Ayukta Act, 1999, that makes the agency’s orders not binding on the government.

Amendments to the Kerala Lok Ayukta Act, 1999:

• The government can “either accept or reject the verdict of the Lokayukta, after giving an opportunity of being heard”.
• Currently, under Section 14 of the Act, a public servant is required to vacate office if directed by the Lokayukta.

The amendments are being opposed for two reasons:

• The changes are proposed through an ordinance and hence there was no proper discussions on the matter.
• It violates the fundamental spirit of the central Lokpal and Lokayuktas Act, 2013.

For reference on Who is a Lokayukta? What is Lokayukta act, please go through this article.

Ordinance making power:

• The ordinance making power is the most important legislative power of the President and the Governor. It has been vested in them to deal with unforeseen or urgent situations.
• Article 123 of the Constitution grants the President certain law-making powers to promulgate ordinances during the recess of Parliament.
• These ordinances have the same force and effect as an Act of Parliament but are in the nature of temporary laws.
• Likewise, the Governor of a state can issue ordinances under Article 213 of the Constitution, when the state legislative assembly (or either of the two Houses in states with bicameral legislatures) is not in session.
• The Constitution permits the central and State governments to make laws when Parliament (or the State Legislature) is not in session.

How long will it be in force?

The Constitution states that the ordinance will lapse at the end of six weeks from the time Parliament (or the State Legislature) next meets.

Concerns associated with the ordinance route:

• Whereas an ordinance was originally conceived as an emergency provision, it was used fairly regularly. In the 1950s, central ordinances were issued at an average of 7.1 per year. The last couple of years has seen a spike, 16 in 2019 and 15 in 2020.
• Repromulgation: A five-judge Constitution Bench of the Supreme Court, in 1986, ruled that repromulgation of ordinances was contrary to the Constitutional scheme.

Judicial Safeguards to avoid re-promulgation of ordinances:

• The Supreme Court in RC Cooper vs. Union of India (1970) held that the President’s decision to promulgate ordinance could be challenged on the grounds that ‘immediate action’ was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.
• It was argued in DC Wadhwa vs. the State of Bihar (1987) that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
• The Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to issue ordinances is not an absolute entrustment, but is “conditional upon satisfaction that circumstances exist rendering it necessary to take immediate action”.

Insta Curious:

The 44th Constitutional Amendment has reiterated that the satisfaction of the President to promulgate ordinance could be challenged in case an ‘immediate action’ was not required.

InstaLinks:

Prelims Link:

1. Article 123.
2. Article 213.
3. Ordinance making powers.
4. Powers of a Governor.
5. Repromulgation of Ordinances.
6. Supreme Court judgments related to Ordinance making power.

Mains Link:

Discuss the concerns associated with ordinances and their repromulgation.

Sources: Indian Express.

GS Paper 2:

Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context:

On January 31, the Information and Broadcasting Ministry barred the transmission of Malayalam news channel Media One citing ‘security reasons’.

• Hours later, the Kerala High Court granted a stay, allowing the channel to continue functioning.

In which sectors can the I&B Ministry regulate content?

Till 2021: TV channels, newspapers and magazines, movies in theatres and on TV, and the radio — barring the internet.

Post the implementation of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Regulatory powers extended over internet content too, especially on digital news platforms and OTT platforms such as Netflix, Amazon Prime or Hotstar.

How does the ministry exercise its powers?

• Through Cable TV network rules: The Information and Broadcasting Ministry, in 2021, amended the Cable Television Network Rules, 1994 regulating Cable TV networks, providing for a “statutory” mechanism for complaints raised by citizens regarding any content broadcast.
• The Electronic Media Monitoring Cell: It tracks channels for any violations of the programming and advertising codes mentioned in the Cable TV Network Rules, 1994. Violation can lead to revocation of a channel’s uplinking licence (for sending content to a satellite) or downlinking licence.

Overview of Cable Television Networks (Amendment) Rules, 2021:

1. It provides for a three-level grievance redressal mechanism — self-regulation by broadcasters, self-regulation by the self-regulating bodies of the broadcasters, and oversight by an Inter-Departmental Committee at the level of the Union government.

Procedure for grievance redressal:

1. A viewer can file a complaint directly to the broadcaster, who will have to respond within 15 days.
2. If the complainant is not satisfied with the response, the complaint can be escalated to the self-regulating bodies set up by TV channels, which should deal with the case in 60 days.
3. If the complainant is not satisfied with the decision of the self-regulating body, he may, within 15 days of such decision, prefer an appeal to the Central Government for its consideration under the Oversight Mechanism.
4. Such appeals will be dealt with by the Inter-Departmental Committee set up under the Oversight Mechanism.

Composition of the committee:

The committee will be headed by the Additional Secretary in the Ministry of Information and Broadcasting, and have members from various ministries.

Powers of the committee:

1. Recommend the Centre to advise, issue a warning, censure, admonish or reprimand a broadcaster, or seek an apology.
2. Ask the broadcaster to include a warning card or a disclaimer, or to delete or modify content, or take the channel or a programme off-air for a specified time period, where it is satisfied that such action is warranted.

Present Grievance redressal mechanism:

At present, there is an institutional mechanism by way of an Inter-Ministerial Committee to address the grievances of citizens relating to the violation of the Programme/Advertising Codes under the Rules, but it does not have statutory backing.

Significance of the new rules:

1. It paves the way “for a strong institutional system for redressing grievances.
2. It places accountability and responsibility on the broadcasters and their self-regulating bodies.

About the Cable Television Networks (Regulation) Act, 1995:

1. The law prescribes imprisonment up to two years or fine up to ₹1,000 or both for the first offence, and imprisonment up to five years and with fine up to ₹5,000 if any media governed under the CTN Act violates the provisions and the “Programme Code”.
2. The code, which contains an elaborate list of don’ts for cable TV channels, states that no programme should be aired that contains anything obscene, defamatory, false, and suggests innuendos and half-truths.

What kind of content is not allowed?

There are no specific laws on content allowed or prohibited in print and electronic media, radio, films or OTT platforms.

• The content on any of these platforms has to follow the free speech rules of the country. Article 19(1) of the Constitution, while protecting the freedom of speech, also lists certain “reasonable restrictions” including content related to the security of the state, friendly relationship with foreign states, public order, decency and morality etc.

Insta Curious:

1. Did you know about the Indian Broadcasting Foundation (IBF)? Read Here (briefly)
2. Does IBF also cover Digital streaming platforms? Read Here     

InstaLinks:

Prelims Link:

1. About the Cable Television Networks (Regulation) Act, 1995.
2. Latest amendments.
3. Composition of the Inter-Departmental Committee.
4. Functions of the committee.

Mains Link:

Discuss the need for and significance of the latest amendments.

Sources: Indian Express.

GS Paper 2:

Topics Covered: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

Context:

Western diplomats have set a deadline of later this month to revive the 2015 Iran nuclear deal.

• The deal was dismantled in 2018 by President Donald Trump.

What’s the issue now?

American officials are concerned about Iran’s rapid nuclear escalation after the US abandoned the deal. Iran has already said that it is enriching uranium fuel in the country.

What are the demands by the US?

US has said that it will rejoin the agreement if Iran complies with the terms of the original deal, and if it addresses other issues related to alleged ballistic missile stockpiles and the proxy conflicts that it backs across the region.

About the Iran Nuclear Deal:

• Also known as the Joint Comprehensive Plan of Action (JCPOA).
• The JCPOA was the result of prolonged negotiations from 2013 and 2015 between Iran and P5+1 (China, France, Germany, Russia, the United Kingdom, the United States, and the European Union, or the EU).
• Under the deal, Tehran agreed to significantly cut its stores of centrifuges, enriched uranium and heavy-water, all key components for nuclear weapons.

How has the Iran responded after withdrawal?

• Trump pulled the U.S. out of the accord in 2018. Besides, he opted for a “maximum pressure” campaign by imposing sanctions and other tough actions.
• Iran responded by intensifying its enrichment of uranium and building of centrifuges, while maintaining its insistence that its nuclear development was for civilian and not military purposes.

Again, In January 2020, following the drone strike on Islamic Revolutionary Guard Corps commander Gen. Qasem Soleiman, Iran announced that it would no longer observe the JCPOA’s restraints.

• The collapse of the JCPOA drags Iran towards nuclear brinkmanship, like North Korea, which has created major geopolitical instability in the region and beyond.

Significance of the deal for India:

• Removing sanctions may revive India’s interest in the Chabahar port, Bandar Abbas port, and other plans for regional connectivity.
• This would further help India to neutralize the Chinese presence in Gwadar port, Pakistan.
• Restoration of ties between the US and Iran will help India to procure cheap Iranian oil and aid in energy security.

Insta Curious:

Have you heard about the Comprehensive Nuclear-Test-Ban Treaty (CTBT)? Is India a member to this treaty? Reference: read this.

InstaLinks:

Prelims Link:

1. What is JCPOA? Signatories.
2. Iran and its neighbours.
3. What is IAEA? Relation with the UN.
4. What is Uranium Enrichment?

Mains Link:

Write a note on JCPOA.

Sources: Indian Express.

GS Paper 2:

Topics Covered: Salient features of the Representation of People’s Act.

Context:

The Centre has clarified that it is not planning on amending the Representation of the People Act, 1951 to enable a common electoral roll and simultaneous elections to all electoral bodies in the country.

• This is because many concerns have been expressed against them and there has been no consensus yet on the matter.

Background:

While the Centre may not be planning to amend the Representation of the People Act, it has held meetings with various stakeholders, including the EC, on the possibility of States adopting the same electoral roll for local body polls. Prime Minister Narendra Modi has spoken in favour of “one nation, one election” many times.

What is ‘One Nation, One Election?

It refers to holding elections to Lok Sabha, State Legislative Assemblies, Panchayats and Urban local bodies simultaneously, once in five years.

But, what are the challenges posed by frequent elections?

1. Massive expenditure.
2. Policy paralysis that results from the imposition of the Model Code of Conduct during election time.
3. Impact on delivery of essential services.
4. Burden on crucial manpower that is deployed during election time.
5. Puts pressure on political parties, especially smaller ones, as elections are becoming increasingly expensive.

Benefits of Simultaneous Elections:

• Governance and consistency: The ruling parties will be able to focus on legislation and governance rather than having to be in campaign mode forever.
• Reduced Expenditure of Money and Administration.
• Continuity in policies and programmes.
• Efficiency of Governance: Populist measures by governments will reduce.
• The impact of black money on the voters will be reduced as all elections are held at a time.

Impact on Regional parties:

There is always a tendency for voters to vote the same party in power in the state and at the Centre in case the Lok Sabha polls and the state elections are held together.

For simultaneous elections to be implemented, Changes to be made in Constitution and Legislations:

1. Article 83 which deals with the duration of Houses of Parliament need an amendment.
2. Article 85 (on dissolution of Lok Sabha by the president).
3. Article 172 (relating to the duration of state legislatures).

The Representation of People Act, 1951 Act would have to be amended to build in provisions for stability of tenure for both parliament and assemblies. This should include the following crucial elements:

1. Restructuring the powers and functions of the ECI to facilitate procedures required for simultaneous elections
2. A definition of simultaneous election can be added to section 2 of the 1951 act.

What is the Common Electoral Roll?

Under the Common Electoral Roll, only one voter list will be used for Lok Sabha, Vidhan Sabha and other elections.

How many types of electoral rolls do we have in our country and why the distinction?

In many states, the voters’ list for the panchayat and municipality elections is different from the one used for Parliament and Assembly elections.

• The distinction stems from the fact that the supervision and conduct of elections in our country are entrusted with two constitutional authorities — the Election Commission (EC) of India and the State Election Commissions (SECs).

Significance:

• The preparation of a separate voters list causes duplication of the effort and the expenditure.
• Therefore, a common electoral roll and simultaneous elections as a way to save an enormous amount of effort and expenditure.

Insta Curious:

Did you know that the issue of common electoral roll had been on the discussion table since 2002 when Justice M N Venkatachaliah headed the National Commission to Review theWorking of the Constitution recommended a common electoral roll for elections to Panchayati raj institutions, state assembly and Parliament?

InstaLinks:

Prelims Link:

1. Right to vote- is it a constitutional right?
2. Voting rights during the colonial rule- brief events.
3. What is postal ballot?
4. ECI- composition and key functions.
5. What is a secret ballot?
6. What is Aadhar Number?

Mains Link:

Discuss the need for and significance of One Nation One Voter ID.

Sources: the Hindu.

GS Paper 3:

Topics Covered: Role of external state and non-state actors in creating challenges to internal security.

Context:

The Supreme Court has pulled up the Tripura Police and the government for repeated notices under UAPA sent to journalists, activists, and people who tweeted the articles on alleged violence in the state.

Background:

Towards the end of October 2021, a mosque, some shops and houses belonging to the minority Muslim community in Tripura were allegedly vandalised. The communal violence was purportedly triggered by anti-Hindu violence in neighbouring Bangladesh.

About the Unlawful Activities (Prevention) Act:

Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.

The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.

• It has death penalty and life imprisonment as highest punishments.

Key points:

Under UAPA, both Indian and foreign nationals can be charged.

• It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

As per amendments of 2019:

• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
• It also included the provision of designating an individual as a terrorist.

Delhi High Court defines the contours of UAPA:

In June 2021, delivering a judgment defining the contours of the otherwise “vague” Section 15 of the Unlawful Activities (Prevention) Act, 1967, (UAPA), the Delhi High Court laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act.

Sections 15, 17 and 18 of UAPA:

1. S. 15 engrafts the offence of ‘terrorist act’.
2. S. 17 lays-down the punishment for raising funds for committing a terrorist act.
3. S. 18 engrafts the offence of ‘punishment for conspiracy etc. to commit a terrorist act or any act preparatory to commit a terrorist act’.

Key observations made by the court:

1. “Terrorist Act” Should not be used lightly so as to trivialise them.
2. Terrorist activity is that which travels beyond the capacity of law enforcement agencies to deal with under ordinary penal law (Supreme Court’s decision in the case of Hitendra Vishnu Thakur).

Insta Curious:

Did you know that under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA), “if the Central government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful?

InstaLinks:

Prelims Link:

1. Definition of unlawful activity.
2. Powers of Centre under the act.
3. Is judicial review applicable in such cases?
4. Changes brought about by amendments in 2004 and 2019.
5. Can foreign nationals be charged under the act?

Mains Link:

Do you agree that the Unlawful Activities (Prevention) Amendment Act could prove catastrophic for fundamental rights? Is sacrificing liberty for national security justified? Discuss and provide for your opinion.

Sources: the Hindu.