Portals

21-30 September 2018
1.Portals to strengthen Women Safety

launched
Context: The government has launched two portals to strengthen Women Safety:
1. Cyber Crime Prevention against Women and Children (CCPWC) portal to check objectionable
online content.
2. National Database on Sexual Offenders (NDSO) to aid in monitoring & investigation of sexual
crimes.
Details:
1. Cyber Crime Prevention against Women and Children (CCPWC) portal:
 The portal will receive complaints from citizens on objectionable online content related to child
pornography, child sexual abuse material, sexually explicit material such as rape and gang rape.
 The portal is convenient and user friendly that will enable complainants in reporting cases
without disclosing their identity. This will not only aid the victims/complainants but also help the
civil society organizations and responsible citizens to anonymously report complaints pertaining
to child pornography, child sexual abuse material or sexually explicit material such as rape and
gang rape.
 Complainants can also upload the objectionable content and URL to assist in the investigation by
the State Police. The complaints registered through this portal will be handled by police
authorities of respective State/UTs. There are other features such as a victim or complainant can
track his/her report by opting for “report and track” option using his/her mobile number.
 The National Crime Records Bureau (NCRB) will proactively identify such objectionable content
and take up with intermediaries for its removal. For this NCRB has already been notified as the
Government of India agency to issue notices under Section 79(3)b of IT Act.
2. National Database on Sexual Offenders (NDSO):

 The National Database on Sexual Offenders (NDSO), which is accessible only to law
enforcement agencies, will assist in effectively tracking and investigating cases of sexual
offences.
 It is a central database of “sexual offenders” in the country which will be maintained by the
NCRB for regular monitoring and tracking by the State Police. The database is accessible only to
the law enforcement agencies for investigation and monitoring purpose.
 The database will include offenders convicted under charges of rape, gang rape, POCSO and eve
teasing. At present the database contains 4.4 lakh entries.
 The State Police have been requested to regularly update the database from 2005 onwards. The
database includes name, address, photograph and fingerprint details for each entry. However, the
database will not compromise any individual’s privacy.
Way ahead:
The two portals launched are part of efforts in the direction of strengthening security of women and
children. However, the field level challenges have to be overcome by the Police at the ground level to
ensure speedy justice to the victims. The security agencies should fully utilize potential of the two portals
and update the database regularly for greater effectiveness.
2. Aspirational Districts Program

Context: In a bid to understand and address the challenges faced by the district administrations in
implementing skill programs and help develop capacities, the government has approved a plan for visits
1 Email: Rajmr1992@gmail.com
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of the senior officers of the Ministry of Skill Development and Entrepreneurships to the ‘Aspirational
Districts’between October 2, 2018 and January 26, 2019.
The plan:
 The visit of officers of the Ministry of Skill Development and Entrepreneurships will begin
with a meeting with Districts Collector / CEO-Zila Parishad and other State level
officers implementing the programs.
 The team will also have interactions with Pradhan Mantri Kaushal Kendras, training
providers, ITIs, Polytechnics and JSS administrations.
 The team would also have conversation with students and industry present in these districts.
This will enable a stock taking of the available skill ecosystem vis-à-vis the available data and
provide good understanding of challenges to be addressed at the district level to make youth
employable.
About Aspirational Districts Programme:

 Launched in January this year, the ‘Transformation of Aspirational Districts’ programme aims to
quickly and effectively transform some of the most underdeveloped districts of the country.
 The broad contours of the programme are Convergence (of Central & State Schemes),
Collaboration (of Central, State level ‘Prabhari’ Officers & District Collectors), and Competition
among districts driven by a Mass Movement or a Jan Andolan.
 With States as the main drivers, this program will focus on the strength of each district, identify
low-hanging fruits for immediate improvement, measure progress, and rank districts.
Focus of the programme:

To enable optimum utilization of their potential, this program focuses closely on improving people’s
ability to participate fully in the burgeoning economy. Health & Nutrition, Education, Agriculture &
Water Resources, Financial Inclusion & Skill Development, and Basic Infrastructure are this
programme’s core areas of focus.
Significance of the scheme:

If these districts are transformed, there would be tremendous improvement in the internal security
environment of the country. If Prabhari officers can bring convergence in the development efforts of
different Ministries and state Governments and the schemes specially launched by Home Ministry in
these districts, it would serve as a great opportunity to ensure rapid development in the country.
3.Atal Bimit Vyakti Kalyan Yojna

Context: The Employee’s State Insurance (ESI) has approved a scheme named ‘Atal Bimit Vyakti Kalyan
Yojna’ for Insured Persons (IP) covered under the Employees’ State Insurance Act, 1948.
About Atal Bimit Vyakti Kalyan Yojna:

 Aim: It aims to financially support those who lost their jobs or rendered jobless for whatsoever
reasons due to changing employment pattern.
 Its beneficiaries will be insured persons covered under Employees’ State Insurance Act, 1948 for
period of two years continuously.
Key features:
Cash assistance: Under the scheme, relief will be payable in cash directly to bank account of insured
persons in case of unemployment. This financial assistance will be given to insured persons even while
they search for new engagement. Beneficiary insured workers will be paid money, from their own
contribution towards ESI scheme, in cash through bank account transfer.
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Under this scheme, workers will be able to draw 47% of their total contributions towards ESIC after
remaining unemployed for at least three months from date of leaving their previous jobs. They can choose
to receive the cash at one go or in instalments. It will be applicable to all factories and establishments
employing at least 10 workers.
About ESI:
 ESI is self-financing social security and health insurance scheme for Indian workers.
 It is autonomous corporation by statutory creation under Ministry of Labour and Employment,
Government of India.
 It is managed by Employees’ State Insurance Corporation (ESIC) according to rules and
regulations stipulated there in the ESI Act 1948.
4.China-Pakistan Economic Corridor

(CPEC)
Context: Pakistan has invited Saudi Arabia to join the CPEC as the third “strategic partner”. Saudi
participation in this mega project will ensure huge investment in Pakistan through this platform.
Background:
Saudi Arabia has a history of bailing out Pakistan financially. In 2014, six months after Pakistan obtained
its last IMF bailout, Saudi Arabia loaned it $1.5 billion that the government used to strengthen its rupee
currency.
About CPEC:
 The CPEC is the flagship project of the multi-billion dollar Belt and Road Initiative (BRI), a pet
project of Chinese President Xi Jinping, aimed at enhancing Beijing’s influence around the world
through China-funded infrastructure projects.
 The 3,000 km-long China–Pakistan Economic Corridor (CPEC) consisting of highways, railways,
and pipelines is the latest irritant in the India–China relationship.
 CPEC eventually aims at linking the city of Gwadar in South Western Pakistan to China’s North
Western region Xinjiang through a vast network of highways and railways.
 The proposed project will be financed by heavily-subsidised loans, that will be disbursed to the
Government of Pakistan by Chinese banking giants such as Exim Bank of China, China
Development Bank, and the Industrial and Commercial Bank of China.
But, why is India concerned?

 Many experts are not in favour of India supporting CPEC. This is so because any Indian
participation would inextricably be linked to the country’s legitimate claims on PoK.
 CPEC rests on a Chinese plan to secure and shorten its supply lines through Gwadar with an
enhanced presence in the Indian Ocean. Hence, it is widely believed that upon CPEC’s fruition,
an extensive Chinese presence will undermine India’s influence in the Indian Ocean.
 It is also being contended that if CPEC were to successfully transform the Pakistan economy that
could be a “red rag” for India which will remain at the receiving end of a wealthier and stronger
Pakistan.
 Besides, India shares a great deal of trust deficit with China and Pakistan and has a history of
conflict with both. As a result, even though suggestions to re-approach the project pragmatically
have been made, no advocate has overruled the principle strands of contention that continue to
mar India’s equations with China and Pakistan.
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Way ahead:
Only by respecting the sovereignty of countries involved, can regional connectivity corridors fulfil their
promise and avoid differences and discord. China is a country which is very sensitive on matters
concerning its sovereignty. So it is expected that they would have some understanding of other people’s
sensitivity about their sovereignty. Meanwhile, India must uphold its specific reservations on the project
and draft a strategy to revert suitably in case CPEC is offered formally through official channels.
5.Missile ‘Prahar’
Context: Defence Research and Development Organisation (DRDO) successfully flight tested the
indigenously developed surface-to-surface tactical missile ‘Prahar’, from Launch Complex-III, ITR,
Balasore.
About Prahar:
 ‘Prahar’, developed by the Defence Research and Development Organisation (DRDO), is capable
of filling the gap between the multi-barrel rocket system ‘Pinaka’ and medium-range ballistic
missile ‘Prithvi’. It can also engage multiple targets in different directions.
 It has length of 7.3 meter, diameter of 420 mm and weighs 1,280 kg. It has operational range of
150 km and flight altitude of 35 km.
 It is a solid-fuelled short-range missile fitted with inertial navigation system.
 The missile is equipped with state-of-the-art navigation, guidance and electromechanical
actuation systems with advanced on board computer.
 It is a quick-reaction, all-weather, all-terrain, highly accurate battlefield support tactical weapon
system.
6.National Sports Awards:

National Sports Awards 2018 have been announced.
Key facts:
National Sports Awards are given every year to recognize and reward excellence in sports.
 Rajiv Gandhi Khel Ratna Award is given for the spectacular and most outstanding performance
in the field of sports by a sportsperson over a period of four year.
 Arjuna Award is given for consistency outstanding performance for four years.
 Dronacharya Award for coaches for producing medal winners at prestigious International sports
events.
 Dhyan Chand Award for life time contribution to sports development.
 Rashtriya Khel Protsahan Puruskar is given to the corporate entities (both in private and public
sector) and individuals who have played a visible role in the area of sports promotion and
development.
 MAKA Trophy: Overall top performing university in inter-university tournaments is given
Maulana Abul Kalam Azad (MAKA) Trophy.
7.Sex offenders’ registry launched with 4.4

lakh entries
Background
 India became the ninth country in the world to have a National Database on Sexual Offenders
(NDSO), accessible only to law enforcement agencies for the purpose of investigation and
monitoring.
 The proposal to set up a registry was mooted by the UPA government after the 2012 Nirbhaya
gangrape case in New Delhi.
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The registry
 The first-of-its-kind national sex offenders’ registry has names and details of some 4.4 lakh
people convicted for various sexual offences across the country.
 The database is for those convicted for sexual offences 2005 onwards.
 It includes name, address, photograph and fingerprint details of the convict.
 The database will be maintained by the National Crime Records Bureau, that will also track
whether the State police were updating the records on time.
 The database will include offenders convicted under charges of rape, gang rape, Protection of
Children from Sexual Offenders Act (POCSO) and eve teasing.
Concerns
 While launching the database, Union Women and Child Development Minister Maneka Gandhi
expressed concern over sexual assaults in children’s shelter homes and increasing incidents of
NRI grooms abandoning their brides.
 The Minister asked the police force to keep a close watch on such crimes and the arrest of
culprits.
 She also raised the issue of States not responding to a letter sent by her ministry for procurement
of specially-designed forensic kits that would help in tamper-proof collection of evidence leading
to better conviction in such crimes.
 As many as 79 lakh rape kits were in the process of procurement and distribution across the
country.
 A Home Ministry statement said the database would not compromise any individual’s privacy.
Portal
 Another portal was launched, cybercrime.gov.in, that will receive complaints from citizens on
objectionable online content related to child pornography, child sexual abuse material, and
sexually explicit material such as rape and gang rape.
 There are other features, such as a victim or complainant can track his/her report by opting for
‘report and track’ option using his/her mobile number.
 The complaints registered through this portal will be handled by police authorities of respective
State/UTs.
Significance
 This will not only aid the victims/complainants but also help the civil society organisations and
responsible citizens to anonymously report such complaints.
8.Is the NITI Aayog relevant today?

Context:
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This is an analysis-based article which presents different perspectives to the reader on the relevance of the
NITI Aayog in present day society. UPSC aspirants would benefit from these points as they can use much
of this content to present answers on the topic in case it is asked in the UPSC Mains Examination, be it as
a part of the General Studies- III paper or the Essay paper.
A Note on the NITI Aayog:
 The NITI Aayog (The National Institution for Transforming India), was formed via a resolution
of the Union Cabinet on January 1, 2015.
 The NITI Aayog is the premier policy ‘Think Tank’ of the Government of India, which provides
both directional and policy inputs.
 Further, while designing strategic and long term policies and programmes for the Government of
India, NITI Aayog also provides relevant technical advice to the Centre and States.
 It is important to note that the Government of India, constituted the NITI Aayog to replace the
Planning Commission instituted in 1950. This step taken by the Government of India was done in
keeping with its reform agenda.
 This was done in order to better serve the needs and aspirations of the people of India.
 An important evolutionary change from the past, is that the NITI Aayog acts as the platform of
the Government of India to bring the various States of India to act together in the national
interest, and thereby fostering Cooperative Federalism in the process.
 At the core of NITI Aayog’s creation are two hubs – Team India Hub and the Knowledge and
Innovation Hub.
Team India Hub: The Team India Hub leads the engagement of states with the Central government.
The Knowledge and Innovation Hub:
The Knowledge and Innovation Hub builds on NITI’s think-tank capabilities. These hubs reflect the two
key tasks of the Aayog.
 Further, the NITI Aayog is also developing itself as a State of the Art Resource Centre, with the
necessary resources, knowledge and skills. It is believed that this will enable it to act with speed,
promote research and innovation, provide strategic policy vision for the government, and deal
with contingent issues.
Analysis- I:
The points mentioned here, agree with the argument that the NITI Aayog is relevant.
 It is important to note that the NITI Aayog was formed to bring fresh ideas to the government.
 Further, its first mandate is to act as a think tank.
 The NITI Aayog can be visualised as a funnel through which new and innovative ideas come
from all possible sources. These sources include: industry, academia, civil society or foreign
specialists. It is envisioned that the innovative ideas from all these sources can flow into the
government system for implementation.
 It is believed that regular brainstorming sessions with stakeholders from various industries and
sectors are held.
 Further, initiatives like Ayushmaan Bharat, and India’s approach towards artificial intelligence,
water conservation measures, and even the draft bill to establish the National Medical
Commission to replace the Medical Council of India have all been conceptualised in NITI Aayog.
 Further, it is encouraging to note that these initiatives and concepts are being taken forward by
the respective Ministries.
 The NITI Aayog should be looked upon as an action tank rather than just a think tank.
 If it succeeds, the NITI Aayog could emerge as an agent of change over time and can contribute
to the Prime Minister’s vision of improving governance and implementing innovative measures
for better delivery of public services.
Greater Accountability:
 The NITI Aayog is also bringing about a greater level of accountability in the system.
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 Historically, we had 12 Five-Year Plans, but unfortunately, these plans were mostly evaluated
long after the plan period had ended. Thus, there was no real accountability.
 It is important to note that the NITI Aayog has established a Development Monitoring and
Evaluation Office which collects data on the performance of various Ministries on a real-time
basis.
 This data is then used at the highest policymaking levels to establish accountability and improve
performance.
 It is believed that this performance and outcome-based real-time monitoring and evaluation of
government work would have a significant impact on improving the efficiency of governance.
 Further, using such data, one can also come up with performance-based rankings of States across
various verticals to foster a spirit of competitive federalism.
 The NITI Aayog also identifies the best practices in different States in various sectors and then
tries to replicate them in other States.
Improving innovation:
 The Atal Innovation Mission, was established under the NITI Aayog.
 The Atal Innovation Mission has already done some commendable work in improving the
innovation ecosystem in India.
 The Atal Innovation Mission has established more than 1,500 Atal Tinkering Labs in schools
across the country and this number is expected to go up to 5,000 by March 2019.
 Further, it has also set up 20 Atal Incubation Centres for encouraging young innovators and start-
ups.
In conclusion, the NITI Aayog remains an integral and relevant component of the government’s plans to
put in place an efficient, transparent, innovative and accountable governance system in the country.
Analysis- II:
The points mentioned here, doesn’t question the relevance of the NITI Aayog, but looks at the issue
from an international perspective and suggests some measures which can be taken in India.
It is believed that the NITI Aayog would need to evolve into a much stronger organisation than it is now.
A Look at Planning Institutions:
 From a historical perspective, we realize that the Chinese state ensured that after its market-
oriented economic reforms began, its State Planning Commission started to become more
powerful in the state apparatus.
 As a consequence of this, one witnessed growth and poverty reduction in China on a scale
unprecedented in history.
 As a matter of fact, China became the “factory of the world”.
 In a similar fashion, in all East Asian and Southeast Asian countries, industrial policy was
planned and executed as part of five-year or longer-term plans.
 It is important to note that these countries managed to steer policies through turbulent times in the
global economy, primarily because these countries had planning institutions which went hand in
hand with industrial policy. As a consequence to this, they were able to sustain growth.
 Further, while East Asian and Southeast Asian countries still had and continue to have five-year
plans, what was integral to their planning was a productive use of labour, through an export-
oriented manufacturing strategy.
 It is believed that this was the strategy that India lacked in her planning process.
Two Proposed Changes:
Two major changes in governance structures are needed.
1. Planning will have to become more decentralised, but within a five-year plan framework.
2. The bureaucracy will need to change from being generalist in nature to being specialist in nature,
and its accountability will have to be based on outcomes achieved, not inputs or funds spent.
3. Lastly, the NITI Aayog should spell out how these reforms will be implemented.
Analysis- III:
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The points mentioned here, questions the relevance of the NITI Aayog.
 The Planning Commission that predates the NITI Aayog had been on the decline since 1991. This
was much before it was replaced by the NITI Aayog in 2014.
 It is believed that the charge of the Planning Commission was entrusted to eminent experts, of
which many had trained in neoliberal schools.
 This did not fit well with the requirement for an inclusive and equitable path of economic
development in India.
Nehruvian vision:
 Under the influence of the Nehruvian vision, the public sector was entrusted with the economy.
This was done so given the weak market mechanism which was dominated by mercantile capital
and a feudalistic system, especially in rural areas.
 It is important to note that even then, the Planning Commission controlled only half of the total
investment in India. This was so because of the adoption of a mixed economy system.
 This approach fitted well with India’s republican democratic Constitution.
Criticisms of the NITI Aayog:
 The first charge is that this organization wields no influence.
 Some sections of opinion believe that the NITI Aayog has no role in influencing, let alone
directing, public or private investment. Further, they question the NITI Aayog’s influence in
policy-making with long-term consequences (for instance, demonetisation and the Goods and
Services Tax).
 They also question the NITI Aayog’s role as a think tank. They argue that while working as a
think tank and generating new ideas, it maintains a respectable intellectual distance from the
government of the day. They believe that this is not visible in the present setup.
 They further go on to assert that India needs to have a paradigm of planning for development.
 In conclusion, they assert that India requires planning that addresses social justice, reduces
regional and gender inequalities, and ensures environmental sustainability.
9.Multidimensional Poverty Index 2018

Context: The United Nations Development Programme (UNDP) and the Oxford Poverty and Human
Development Initiative (OPHI) have released the 2018 Multidimensional Poverty Index (MPI).
About Multidimensional Poverty Index (MPI):

 The MPI provides the most comprehensive view of the various ways in which 1.3 billion people
worldwide experience poverty in their daily life.
 The MPI looks at the multifaceted nature of poverty. It identifies people’s deprivations
across three key dimensions – health, education and living standards, lacking amenities such
clean water, sanitation, adequate nutrition or primary education. Those who are left behind in at
least a third of the MPI’s components are defined as multidimensionally poor.
How is the global MPI2018 aligned with the Sustainable Development Goals?
Rather than viewing challenges one by one, in silos, the MPI shows how deprivations related to SDGs
1,2,3,4,6,7, and 11 are concretely interlinked in poor people’s lives. Rather than providing only national
headlines, the global MPI is disaggregated by subnational region, area, ethnicity, or age cohort. The
indicators underlying the global MPI 2018 have been revised to better align with the SDGs.
Performance of India:
 India has made giant strides in reducing multidimensional poverty, bringing down its poverty rate
from 55% to 28% in ten years.
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 Between 2005-06 and 2015-16, more than 271 million people have come out of the clutches of
poverty in India. However, India still has the largest number of people living in multidimensional
poverty in the world- around 364 million people. 156 million out of 364 million people who are
MPI poor in 2015/2016 are children.
 India’s scale of poverty reduction has parallels with the phenomenal level of poverty reduction
achieved in China a decade or so earlier. India’s scale of multidimensional poverty reduction over
the decade from 2005/6 to 2015/16 – from 635 million poor persons to 364 million– can be
compared to the speedy pace of China’s poverty reduction, which occurred over more than 20
years.
 Across nearly every state, poor nutrition is the largest contributor to multidimensional poverty.
Not having a household member with at least six years of education is the second largest
contributor. Insufficient access to clean water and child mortality contribute least.
State- wise data:

 Among states, Jharkhand had the greatest improvement, with Arunachal Pradesh, Bihar,
Chhattisgarh, and Nagaland only slightly behind. However, Bihar is still the poorest state in
2015/16, with more than half of its population in poverty.
 In 2015/16, the four poorest states – Bihar, Jharkhand, Uttar Pradesh, and Madhya Pradesh –
were still home to 196 million MPI poor people – over half of all the MPI poor people in India.
Delhi, Kerala and Goa have the lowest incidence of multidimensional poverty.
India’s relative performance:

 Among the South Asian countries, only Maldives boasts lower MPI of 0.007 than India (0.121).
Nepal, Bangladesh, Pakistan, Bhutan and Afghanistan all boast higher incidences of
multidimensional poverty.
 After India (364 million people), the countries with the largest number of people living in multi-
dimensional poverty are Nigeria (97 million), Ethiopia (86 million), Pakistan (85 million), and
Bangladesh (67 million).
Global performance:
 The global MPI covers 105 countries in total, home to 75% of the world’s population, or 5.7
billion people. Of this proportion, 1.3 billion are identified as multidimensionally poor, and half
of them are younger than 18 years old.
 83% of the world’s poor live in South Asia and Africa. The latest data further reveals the vast
majority of the multidimensional poor – 1.1 billion people – live in rural areas around the world,
where poverty rates are four times higher than among those living in urban areas.
10. Goa Congress moves to remove

Speaker
 Congress MLAs in Goa have submitted a 14-day notice to the Goa State Legislature Secretary,
preparatory to moving a motion for the removal of the Speaker, Pramod Sawant.
 The notice comes while the House is not in session.
 The notice moved by the Congress to remove the Speaker would facilitate a motion for floor test,
but will come into operation only after the House is summoned.
 An Assembly session to facilitate the floor test can only be summoned by the Governor on the
advice of the Cabinet.
Article 179
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 It deals with the vacation and resignation of, and removal from, the offices of Speaker and
Deputy Speaker of an assembly.
 Article 179 (c) lays down that the Speaker may be removed from office by a resolution of the
Assembly passed by a majority of all the then members of the Assembly (and not majority of the
members present and voting).
 A prior notice of 14 days is required to be given before such a resolution is moved in the House.
Tenth Schedule (Anti-Defection Law)
 Tenth Schedule talks about the power of the Speaker to disqualify legislators for defection.
Issue
 When the framers of the Constitution upheld that the Speaker could be removed only by a
majority of all the then members of the Assembly, there was no Tenth Schedule in force.
 During the 14 days’ notice, whether the Speaker can disqualify legislators for defection or not is
an important question.
 The Arunachal Pradesh judgement (2016) clarified this issue and stated that the Speaker should
first stand the test and then proceed.
The judgement
 The judgment sets down as a legal principle that the Speaker cannot proceed to disqualify
Members of the House if an intention to remove him has already been moved, and that he would
have to first prove he still has the confidence of the majority of Members.
11. Ban on adoption by live-in partners

lifted
 Individuals in a live-in relationship will once again be able to adopt children from and within
India after the country’s nodal adoption agency decided to withdraw a circular issued earlier this
year disallowing them from doing so.
 The applications from prospective adoptive parents will be examined on a case-by-case basis
now.
 It will benefit both domestic and international applicants.
Background
 The Child Adoption Regulatory Authority (CARA), a statutory body of Union Ministry of
Women and Child Development, in a circular issued on May 31, barred applicants in a live-in
relationship from adopting a child on the ground that the Authority would like the children to be
placed only with a stable family and individuals in a live-in relationship cannot be considered as
stable family.
 The eligibility criteria under Adoption Regulations, 2017, permit single women to adopt a child
of any gender, while single men can adopt only boys.
 When a married couple seeks to adopt a child, it needs to give its consent for adoption and should
be stable marriage for at least two years.
 Applicants have to be physically, mentally and financially stable to raise a child.
12. Withdraw instant triple talaq

ordinance: women’s groups
Context
 Women activists and supporters of the All India Muslim Personal Law Board (AIMPLB)’s
women’s wing on Saturday lodged protest against the ordinance criminalising instant triple talaq
and described the move as a ‘political stunt’.
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 Addressing the media, AIMPLB member Asma Zehra claimed the ordinance intends to throw
Muslim men in jail for three years. That, she said, is unjust and against the very essence of human
rights.
 “The triple talaq bill is in the Rajya Sabha. The government did not talk to any intellectual or
Islamic scholar, and the bill has not been passed by the Rajya Sabha,” she said. The AIMPLB has
said the three-year prison term for those who pronounce triple talaq would destroy families and
drive them to economic ruin.
 Demanding withdrawal of the ordinance, the HMWF said, “It (ordinance) seeks to impose three
years of imprisonment on erring husbands while mandating that he provide maintenance to the
family. How can a husband in jail provide for the wife and child?”
Background
 The recent Supreme Court’s judgment in the Shayara Bano case held that the practice of talaq-e-
biddat (or triple talaq) unconstitutional. This was hailed as a step towards the emancipation of
Muslim women and a win in the war against institutional remnants of gender inequality.
 After the judgement government passed Muslim protection Bill in Lok Sabha but there have been
criticism about the legal and procedural aspects of the bill.
Muslim women bill 2017 – Critical Evaluation
 The Supreme Court had set aside the validity of instant talaq (talaq-e-biddat), thus rendering its
pronouncement ineffective in dissolving a marriage.
 But the bill makes the pronouncement punishable with a three-year imprisonment such an
arbitrary exercise of legislative power is liable to be judicially reviewed and struck down for
violating the principles of natural justice and rule of law.
 It negates the recent Supreme Court ruling by unwittingly favouring a sense of medieval view
that the pronouncement of talaq-e-biddat breaks the marriage, and, therefore, needs to
criminalised.
 The present Bill does not provide her any additional benefits in terms of her rights in marriage
and divorce which were already promised under Crpc and PWDVA.
 The Bill does not add anything new to the already existing maintenance responsibilities of the
husband covered under various Acts.
 No country has criminalised triple talaq. It has been made illegal and void. For instance, in
Algeria, talaq pronounced outside court is not considered legal.
 The most significant ground on which the triple talaq Bill fails the test of constitutionality is
found in Article 21 which states that no person shall be deprived of his life or personal liberty
except according to procedure established by law.
 Bill also constitutes unwarranted punitive deprivation of personal liberty of Article 19, especially
clauses 19(1)d and 19(1)g. Thus, if a man is unjustifiably jailed under the proposed law even for a
few weeks, he will be denied of these rights for that period.
 Furthermore, since the present Bill says that triple talaq is cognizable and non-bailable, married
Muslim man become vulnerable target as policemen can arrest and investigate the accused with
or without the complaint from wife or any other person.
 It would be difficult for a woman to prove that the man has given her triple talaq in one sitting.
 Divorce is not a crime. Not fulfilling monetary responsibilities as the law obligates of divorced
wife and children or dependents, in case they are unable to maintain themselves is considered as
an offence only after due process of law. The fact is there are existing laws that have already
covered the issue.
 Arresting a man for triple talaq in one instance can actually destroy families. As triple talaq in one
instance is illegal, the marriage subsists and it would be the responsibility of the man to maintain
his family while utterance of triple talaq will land him in jail for upto 3 years.
 The dependents would be left to fend for themselves as the man behind the bars won’t be in a
position to pay for the family expenses.
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 Because of the bill innocent men could be forced to undergo the aforementioned humiliating
punishments reserved for cognisable and non-bailable offences.
Conclusion
 In the light of additional suggestions given government needs to consult multiple stakeholders
and then pass the bill.
An indefensible ordinance
Note to Students:
Note to the Students: From a UPSC point of view there are a few important areas to cover in this article.
These are: 1) The Concept of Ordinances 2) The controversy surrounding repeated promulgation of
Ordinances 3) The issue of making instant triple talaq a criminal offence 4) The Muslim Women
(Protection of Rights on Marriage) Bill, 2017
The News:
 Recently, the Union Cabinet decided to take the ordinance route towards making instant triple
talaq a criminal offence.
 This decision has come under a lot of criticism as being a sign of undue impatience.
 Several sections believe that this is a matter that required deliberation, especially after keeping in
mind that serious objections were raised to some of the provisions of the Bill passed by the Lok
Sabha.
 Specifically, in the words of Union Law Minister Ravi Shankar Prasad, there was an
“overpowering urgency and compelling necessity” that gave birth to this ordinance.
 The reason he sighted was that talaq-e-biddat continued unabated despite the Supreme Court’s
order last year.
Larger Background:
A Note on the The Muslim Women (Protection of Rights on Marriage) Bill, 2017:
 The Muslim Women (Protection of Rights on Marriage) Bill, 2017 was introduced in Lok Sabha
by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 28, 2017.
 The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not
enforceable in law) and illegal.
 Further, it defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a
Muslim man resulting in instant and irrevocable divorce.
Importantly, the Bill makes declaration of talaq a cognizable and non-bailable offence.
A husband declaring talaq can be imprisoned for up to three years along with a fine.
What is a cognizable offence?
A cognizable offence is one for which a police officer may arrest an accused person without warrant.
What about allowances?
 A Muslim woman against whom talaq has been declared, is entitled to seek subsistence allowance
from her husband for herself and for her dependent children.
 Further, the amount of the allowance will be decided by a First Class Magistrate.
What about the custody of minor children?
 A Muslim woman against whom such talaq has been declared, is entitled to seek custody of her
minor children.
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 Further, the determination of custody will be made by the Magistrate.
What is Talaq-e-biddat?
Talaq-e-biddat refers to the practice under Muslim personal laws where pronouncement of the word
‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.
The Issue of Contention:
 The Muslim Women (Protection of Rights on Marriage) Bill, as approved by the Lok Sabha,
sought to give statutory form to the Supreme Court ruling of 2017 which had declared talaq-e-
biddat as illegal.
 In its provisions, the Bill made this form of divorce punishable by a three-year prison term and a
fine.
 Facing Opposition concerns, the government proposed significant changes to dilute the provisions
relating to the treatment of talaq-e-biddat as a criminal offence.
 Unfortunately, despite a notice for these amendments being given, the matter was not taken up in
the Rajya Sabha in the last session.
 It was not taken up in the Rajya Sabha due to a lack of consensus.
 Currently, it is not clear as to what may have prompted the government to take recourse to the
extraordinary power of promulgating an ordinance.
 It is supposed that the upcoming elections to some State Assemblies this year may be a
contributing factor.
A Note on Ordinances
 It is outlined under Article 123 in The Constitution Of India.
 Specifically, it says that:
 If at any time, except when both Houses of Parliament are in session, the President is satisfied
that circumstances exist which render it necessary for him to take immediate action, he may
promulgate such Ordinance as the circumstances appear to him to require.
 An Ordinance promulgated under this article (Article 123) shall have the same force and effect as
an Act of Parliament.
 Every such Ordinance shall be laid before both House of Parliament and shall cease to operate at
the expiration of six weeks from the reassemble of Parliament, or, if before the expiration of that
period resolutions disapproving it are passed by both Houses, upon the passing of the second of
those resolutions.
Critical Analysis
 The fact of the matter is that barring a few isolated cases, there is no documentary evidence to
show that the incidence of instant triple talaq had reached alarming levels.
 Thus the hasty nature in which a presidential ordinance was promulgated needs to be examined.
 Further, as per Article 123 of the Indian Constitution, the President of India is required to ensure
the existence of circumstances “which render it necessary for him to take immediate action”.
 Thus, it is believed that the Centre, must make public the evidence presented to the President.
This can be done so in the interest of a fair debate.
 Experts believe that the triple talaq ordinance is poorly conceived and drafted. They further assert
that it is bound to fail the test of judicial scrutiny on several grounds.
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1. For example, Section 2(b) of the ordinance defines talaq-e-biddat as any form of talaq “having the
effect of instantaneous and irrevocable divorce”.
 However, it lays down in Section 3 that such a pronouncement in any form whatsoever “shall be
void and illegal”.
 Unfortunately, no explanation is offered as to how the pronouncement can be “void” and have
“the effect of instantaneous and irrevocable divorce” at the same time.
 Further, section 4 mandates a three-year imprisonment and fine for this void act, and Section 7
declares it a cognisable and non-bailable offence.
Experts believe that the fixation with talaq-e-biddat, even when it does not dissolve the marriage,
is confusing.
2) There is a constitutional perspective to this as well. For example, barring constitutional amendments
under Article 368, the Parliament of India is not competent to enact any law which is inconsistent with the
fundamental rights enshrined in Part III of the Constitution.
A Note on Article 13
 Specifically, Article 13 (2) states: “The State shall not make any law which takes away or
abridges the rights conferred by this Part and any law made in contravention of this clause shall,
to the extent of the contravention, be void.”
 Further, Article 123 (3) warns that if an ordinance “makes any provision which Parliament would
not under this Constitution be competent to enact, it shall be void.”
3) Further, the ordinance, insofar as it arbitrarily curtails the personal liberty of a citizen without his
having committed any offence, violates Part III of the Constitution.
 Specifically, Article 21 states that “No person shall be deprived of his life or personal liberty
except according to procedure established by law.”
Further, there are some important observations in cases to make note of. For example:
 The Supreme Court of India had in several cases, made it clear that “law” means reasonable law,
not any enacted piece, and also that a procedure established by it has to be fair, just and
reasonable to avoid being struck down as unconstitutional. Unfortunately, the ordinance fails on
all these counts.
 Some cases in which this was observed include Maneka Gandhi v. Union of India (1978) and
K.S. Puttaswamy v. Union of India (2017).
4) Fourthly, Article 123 empowers the President to promulgate an ordinance only when urgent situations
arise during the recess of Parliament.
– However, in the case of triple talaq, no such emergency came to light.
 As a matter of fact, the triple talaq Bill which was passed in the Lok Sabha, was already being
debated across the country.
 The Centre had cited the reason of a lack of consensus among parties, and decided not to table the
amended version of it in the Rajya Sabha during the monsoon session.
 The fact that the Centre decided not to table the amended version of the bill in the Rajya Sabha,
indicates that the Bill did not have the approval of the Upper House of Parliament.
 Unfortunately, the recent turn of events seems to suggest that the legislature was
undemocratically circumvented.
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13. Do Mudra loans have credit risks?

From a UPSC point of view, this article looks into the Pradhan Mantri MUDRA Yojana
(PMMY), which is an important scheme launched by the Government of India
Background:
The Origins of the Mudra Scheme:
 The Union Budget presented by the Hon’ble Finance Minister, for FY 2015-16, announced the
formation of MUDRA Bank.
Pursuant to this, MUDRA was registered as a Company in March 2015 under the Companies Act
2013 and as a Non Banking Finance Institution with the RBI on 07 April 2015.
 Finally, MUDRA was launched by the Prime Minister Shri Narendra Modi on 08 April 2015 at a
function held at Vigyan Bhawan, New Delhi.
A look at Micro Enterprises:
 Micro enterprises constitute a major economic segment in India and provides large employment
after the agricultural sector.
 This segment includes micro units engaged in a) manufacturing, b) processing, c) trading and
services sector.
 It provides employment to nearly 10 crore people.
 Many of these units are proprietary/single ownership or Own Account enterprises and many a
time referred as Non Corporate Small Business sector.
A Note on the Non-Corporate Small Business Sector:
 The Non-Corporate Small Business Sector (NCSBS) is the economic foundation of India.
 The NCSBS is perhaps one of the largest disaggregated business ecosystems in the world.
However, the NCSBS sustains around 50 crore lives.
 The sector comprises of a myriad of:
a) small manufacturing units, b) shopkeepers, c) fruits/vegetable vendors, d) truck & taxi
operators, e) food-service units, f) repair shops, g) machine operators, h) small industries, i)
artisans, l)food processors, m) street vendors and many others.
 It is important to note that the formal or institutional architecture has not been able to reach out to
them to meet the financial requirements of this sector.
 The NCSBS is largely self financed or relies on personal networks or moneylenders.
 It is believed by experts that addressing this need will give a big boost to the economy, failing
which, this segment would remain unfunded and a portion of the productive labour force would
remain unemployed.
Constraints Faced by the Micro Enterprises:
The various constraints faced by this sector are as listed below:
 Access to Finance
 Infrastructure Gaps
 Lack of growth orientation
 Skill Development Gaps
 Policy Advocacy Needs
 Lack of Market Development/Market Making
 Knowledge Gaps
 Information Asymmetry
 Entry Level Technologies
The Big Challenge:
 The biggest bottleneck to the growth of entrepreneurship in the Non-Corporate Small Business
Sector (NCSBS) is lack of financial support to this sector.
 The support from the Banks to this sector is meagre, with less than 15% of bank credit going to
Micro, Small and Medium Enterprises (MSMEs).
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 A vast majority of the non-corporate sector operates as unregistered enterprises.
 As a consequence of this, they do not maintain proper Books of Accounts and are not formally
covered under taxation areas.
 Thus, banks find it difficult to lend to them. A majority of this sector does not access outside
sources of finance.
What is Micro Finance?
 Micro Finance is an economic development tool whose objective is to provide income generating
opportunities to the people at the bottom of the pyramid.
 Micro Finance covers a range of services which include, in addition to the provision of credit,
many other credit plus services, financial literacy and other social support services.
Micro Units Development & Refinance Agency Ltd (MUDRA):
 It is taking cognisance of the above issues that the MUDRA was set up by the Government of
India (GoI).
 This Agency would be responsible for developing and refinancing all Micro-enterprises sector by
supporting the finance Institutions which are in the business of lending to micro / small business
entities engaged in manufacturing, trading and service activities.
 MUDRA would partner with Banks, MFIs and other lending institutions at state level /regional
level to provide micro finance support to the micro enterprise sector in the country.
The News
 Raghuram Rajan, former RBI Governor, in a recent report to Parliament, said that while non-
performing assets arising from corporate loans are a current problem, the government should now
focus on the sources of the next crisis.
 In particular, he warned, the government should refrain from setting ambitious credit targets or
waiving loans.
 Specifically, he called out Mudra loans as those having potential credit risks.
 He mentioned that both Mudra loans as well as the Kisan Credit Card, while being popular, have
to be examined more closely for potential risk. The Credit Guarantee Scheme for the MSME run
by the SIDBI is a growing contingent liability and needs to be examined with urgency.
Analysis
Is repayment a challenge?
 It is important to know what the critics of the scheme say.
 They believe that too many best practices in loan origination have been neglected in the process
of authorising and disbursing loans.
 There was an instance where the CBI registered a case against a former official of Punjab
National Bank for alleged abuse of official position in sanctioning and disbursing 26 Mudra loans
amounting to ₹65 lakh.
 Ensuring repayment still remains to be a challenge. This is observed even though loans are sought
by business owners genuinely seeking growth and bankers disburse them with an eye on
economic development.
 A detailed look into this issue reveals much. Firstly, these loans are unsecured, meaning that a
collateral which could protect the interests of the bank is not required, unless an asset that is
purchased can itself serve as collateral.
 Secondly, the scheme itself is meant for those who need small amounts, but do not have access to
such funds. However, the very nature of the business of such borrowers is susceptible to
volatility. Some of these businesses may choose one location for their place of business on a day,
and another elsewhere in their city the next day.
 Thirdly, the public banking system may not be staffed for the work this may involve. When it
comes to collection, bank staff may choose to go after one loan with outstanding of Rs. 10 lakh,
for example, rather than 10 loans of Rs. 1,00,000 each.
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14. The lowdown on cases before new CJI

Note to the Students: This issue is important from the perspective of the judiciary in India which is an
important topic under the Indian Polity syllabus. However, the larger issue which needs to be discussed
here is relating to the issue of pendency of cases in the judiciary.
In this article, over and above the points highlighted in the Hindu newspaper, we also touch upon the
reasons for the pendency of cases before the judiciary in general.
The News:
 Over 54,000 cases are pending in the Supreme Court. However, out of these cases, only a few
grab public attention.
 It is these cases that become the litmus test for the court. Justice Ranjan Gogoi, who assumes
office as the Chief Justice of India on October 3, has many cases before him which would be
keenly watched.
A look at the sensitive cases:
 Out of these cases, the most anticipated, is the monitoring of the preparation of the National
Register of Citizens (NRC) of Assam. A series of orders from the Special Bench of Justices
Gogoi and Nariman has seen the government publish its second and final draft of the NRC in
Assam. Currently, the court is examining a draft standard procedure to receive the objections and
claims of over 40 lakh people left out of the draft NRC.
 The Supreme Court is also hearing petitions on the fate of Rohingya refugees.
 Further, the fate of the Ramjanmabhoomi-Babri Masjid appeals lies in the balance in the court.
 Over and above this, the case of the release of seven convicts in the Rajiv Gandhi assassination
case may bounce back to the court. The State government has requested the Tamil Nadu
Governor to release the convicts.
 It is important to note that even if a challenge comes to the court against the Governor’s decision,
whatever it may be, the court has limited power of judicial review of the Governor’s
constitutional discretion under Article 161 of the Indian Constitution.
 Apart from this, one of the biggest challenges for Justice Gogoi would be the pending petitions
against Article 35A.
 Article 35A provides special status, rights and privileges to Jammu and Kashmir. The hearing is
scheduled for the second week of January 2019, after the panchayat elections in the state of
Jammu and Kashmir.
Larger Background:
 The judiciary is meant to guarantee the protection of citizens’ rights at every instance.
 But in practice, the Indian justice system is not only erratic, but also extremely slow, resulting in
justice being denied to a lot of people. According to the National Judicial Data Grid, over 4.2
million cases were pending in the 24 High Courts of India till this February.
Reasons for Judicial Delays:
 Large number of unfilled judicial vacancies.
 A long drawn judicial process: This is compounded by the fact that often witnesses are not
willing to come forward. The process concerning criminal cases also takes time; this is
exacerbated by the fact that it takes time for reports such as medical reports, forensic reports, etc.
to be given. There are at times even strikes in Courts that delay the process.
 Fast growing population
 Lack of Infrastructure: Chief Justice, Dipak Misra has described that the lack of infrastructure, as
one of the causes.
 Lack of good quality judges
 Salaries and Perks of judges: If better salaries and better perks are provided, then better lawyers
would be interested in becoming judges. Today, the quality of lawyers interested in becoming
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judges is poor, because of which the quality of judges is down and because of which the justice
delivery system is also suffering.
 An increasing number of states and central laws
 Mounting number of appeals
 Shortage of judges in courts
 Delay in hearing of cases of common civil rights in High Courts
 Increase in Appeals in High Courts against the orders of the quasi-judicial bodies
 The Petition for revision and appeal in a case
 Continuous adjournment
 Indiscriminate utilisation of writ rights
 Inadequate system of monitoring cases
 Difficulties in tracking trials
 Efforts to prevent a case during hearing
 Lack of will and capability to decide cases
 Apart from these, there are delays during pre-trial and trial of cases
 In the courts, we have a certain number of backlog cases that are listed along with regular matters
that are being heard. Thus, the judge doesn’t have enough time to finish hearing regular matters,
and thereafter go onto backlog matters. Thus, hearings keep getting adjourned, or they keep
getting pushed back into the system.
Concluding Remarks:
Need of the hour:
 There is a need to appoint 50 judges per 10 lakh population. At the moment, this figure is just 10
judges.
 The same ratio is 107 in the US, and 50 in England. In the Indian High Courts, there are
vacancies for 434 judges.
 The lack of judges and the increasing number of cases, has burdened the courts and has delayed
the settlement of cases.
getting pushed back into the system. This also ties into the fact that lawyers know that the system
works this way, so they don’t necessarily prepare for these backlog cases and come and therefore,
they ask for adjournments and adjournments are given quite liberally in many courts as well.
Thus, this creates a system where backlog cases continue to exist.
 Apart from corruption, there is a long and costly judicial process and delays in delivering
decisions. As far as pending cases are concerned, the Supreme Court has 60,000 pending cases,
waiting to be disposed of 38 lakh cases are in the High Courts, and 2 crore, 30 lakh are in the
district and subordinate courts, which are waiting to be considered.
 In Delhi, there are so many cases that are pending that even if 5 minutes is given to each lawsuit,
it would take 466 years to settle all the cases.
 There is a need to rectify the judicial system in the lower courts to speed up trials. Experts say
that the maintenance of Courts, their resources, proper facilities in Court premises, and
continuous hearing of cases are necessary. Apart from these, there is a need to accelerate civil and
criminal hearing. The hearing and disposal of these cases, takes a lot of time. In many criminal
cases, the decisions come when the person has almost completed his sentence. Similarly, in the
civil cases, the second or sometimes the third generation, receives a final decision.
 These rising cases of delay in judgements indicate that our judicial system is in a state of collapse.
This is the reason that the President of India, Prime Minister, and Chief Justice have also started
expressing their concern over this.
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One has also witnessed that in the recent years, the Supreme Court has heard challenges against customs
and personal law practices.
Currently, we see that the Supreme Court has adjudicated a series of religious issues. These issues
include:
1. triple talaq
2. temple ban on women of a certain age,
3. the right to pray of Parsi women, who marry outside their faith, in the Tower of Silence.
A clutch of petitions challenging nikah halala also awaits Justice Gogoi’s attention.
Finally, it is also to be seen whether Justice Gogoi would decide positively on issues such as live-
streaming of court proceedings and continue with the publication of Collegium resolutions on the court
website.
15. Judicial Delays

Importance of this Episode:
 The judiciary is meant to guarantee the protection of citizens’ rights at every instance. But in
practice, the Indian justice system is not only erratic, but also extremely slow, resulting in justice
being denied to a lot of people. According to the National Judicial Data Grid, over 4.2 million
cases were pending in the 24 High Courts of India till this February. The problem prompted the
Chief Justice of India, Dipak Misra, to seek suggestions for measures to speedily dispose of cases
from the various High Courts across the country.
 The Chief Justice of India has also recommended that the Arrears Committee of each High Court
meet at least once a month- this would help to monitor the progress of all cases. How exactly will
this mechanism work? How would it help the Indian Judiciary in overcoming its shortcomings?
This episode will try and answer some of these questions.
Analysis by the Experts:
Chief Justice of India, Dipak Misra has written to all High Court Chief Justices’, advising them to setup
disposal review mechanisms to clear cases on priority. He has also recommended that High Courts’ take
stock of cases that are filed and disposed every month in lower courts as well.
Reasons for Judicial Delays:
 Large number of unfilled judicial vacancies.
 A long drawn judicial process: This is compounded by the fact that often witnesses are not
willing to come forward. The process concerning criminal cases also takes time; this is
exacerbated by the fact that it takes time for reports such as medical reports, forensic reports, etc.
to be given. There are at times even strikes in Courts that delay the process.
 Fast growing population
 Lack of Infrastructure: Chief Justice, Dipak Misra has described that the lack of infrastructure, as
one of the causes.
 Lack of good quality judges
 Salaries and Perks of judges: If better salaries and better perks are provided, then better lawyers
would be interested in becoming judges. Today, the quality of lawyers interested in becoming
judges is poor, because of which the quality of judges is down and because of which the justice
delivery system is also suffering.
 An increasing number of states and central laws
 Mounting number of appeals
 Shortage of judges in courts
 Delay in hearing of cases of common civil rights in High Courts
 Increase in Appeals in High Courts against the orders of the quasi-judicial bodies
 The Petition for revision and appeal in a case
 Continuous adjournment
 Indiscriminate utilisation of writ rights
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 Inadequate system of monitoring cases
 Difficulties in tracking trials
 Efforts to prevent a case during hearing
 Lack of will and capability to decide cases
 Apart from these, there are delays during pre-trial and trial of cases
getting pushed back into the system.
Some of these have to be addressed by the Government; some of them have to be addressed by the
collegium system. Both should work together and ensure that everything is in place. Unfortunately, this
kind of a concerted effort is not there. It is because of the lack of that concerted effort, that no substantial
progress is being made in the matter of disposal of cases.
Our judiciary is struggling under a tremendous workload. The Chief Justice of India added a new
dimension to the debate, stating that lack of basic facilities in the lower courts are increasing the backlog.
He has asked High Courts across the country to suggest measures to end the pendency and fill up the
vacancies in the subordinate judiciary. The issue that the CJI has spoken about- that of pendency and
backlog of cases, is not a new issue. In fact, the Supreme Court, the High Courts have deliberated upon
this multiple times before. In the past, to deal with this issue, we have had Arrears Committees, in every
High Court and in the Supreme Court as well, which is supposed to look into this question of backlog and
delay and how best to get rid of the backlog of cases.
According to the National Crime Record Bureau, lakhs of people who are lodged in jail are waiting for
their pleas to be heard. Thousands are in jail for petty crimes and have spent more jail time than are
required by law. On 31st December 2016, there were at least 18,000 women prisoners in central jails
across the country and of them, the hearing of cases of 6328 women had not even been started in Courts.
A look at the backlog of cases across states:
 In Haryana, Sikkim and Mizoram, one in every 10 cases are over 10 years old.
 In Gujarat, 4 out of every 10 cases are at least 10 years old.
 In Uttar Pradesh, 44,500 cases are disposed of every month
 In Karnataka, 34,000 cases are disposed of every month.
One has to look at the infrastructure, the quality of judges being appointed, the facilities which they get
and of course the vacancies being filled up. Thus, these are the issues which need to be taken up
altogether so that the justice delivery system is geared up to meet the challenges of these huge backlogs
which are pending all over the country.
Some specific problems:
 On an average, there is just one judge for 73,000 people in India.
 In contrast, the US has one judge for every 13,000 people.
 The situation is much worse in Delhi, where we have one judge for every 4 lakh, 93 thousand
people.
 In Delhi, an average of 1450 cases are pending for each judge.
 Uttar Pradesh has the highest number of pending cases in India
 In Uttar Pradesh, there are 2500 cases pending with each judge.
 In West Bengal, there are 1963 cases pending with each judge.
 In Kerala, there are 1881 cases pending with each judge.
 Given the current situation, it will take several years for all the existing cases to be disposed of,
even if the courts and all the judges in the country work day and night, and even if a single further
fresh case isn’t filed.
 People spend years, waiting for justice at the doorsteps of courts, but often end up without getting
justice. The lawsuits are increasing by the day and there is no solution to deal with the backlog.
The Indian Judiciary is struggling under a mammoth 3.4 crore case backlog. In the lower courts,
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one in every 10 criminal cases, has been pending for over a decade. On an average a district
judge, disposes of 43 cases in a month, while a district court hears 1350 cases every year.
 One of the things that could be looked at is to look at listing practices, across High Courts and
across even the lower courts- this will help understand as to how exactly cases are placed before a
judge, and on what basis. How many cases in a day is a judge hearing?
According to the National Judicial Data Grid,
 Over 2 crore, 72 lakh cases are pending in Indian courts
 Out of these, 83 lakh cases are civil lawsuits
 And over 1 crore, 90 lakh are criminal cases.
 Over 56,000 cases are pending in the Supreme Court; out of these, over 20,000 cases are over a
year old.
 40 lakh cases are pending in High Courts, and at least 6 lakh cases are pending for decades.
In a recent response to a question, the Government informed the Lok Sabha that 2 crore, 60 lakh cases
were pending in district and subordinate courts till December 2017.
Judicial Delays: Pending Cases in States
There are 60 lakh cases pending in Uttar Pradesh, making the state have the highest number of pending
cases. Around 18,56,000 cases are pending in West Bengal. Bihar comes next with 16,81,000 cases.
Gujarat has 15,88,000 pending cases. Karnataka has 14,63,000 pending cases. Rajasthan has 14,61,000
pending cases. There are 12,45,000 pending cases in Kerala. There are 10,63,000 pending cases in
Odisha. There are 10,56,000 pending cases in Tamil Nadu.
 Of the total pending cases, 8.3 % cases are over a decade old
 16.07 % cases are pending for five years
 28.7 % cases are pending in the courts for over 2 years
 46.77 % cases are pending for less than 2 years
Need of the hour:
 There is a need to appoint 50 judges per 10 lakh population. At the moment, this figure is just 10
judges.
 The same ratio is 107 in the US, and 50 in England. In the Indian High Courts, there are
vacancies for 434 judges.
 The lack of judges and the increasing number of cases, has burdened the courts and has delayed
the settlement of cases.
getting pushed back into the system. This also ties into the fact that lawyers know that the system
works this way, so they don’t necessarily prepare for these backlog cases and come and therefore,
they ask for adjournments and adjournments are given quite liberally in many courts as well.
Thus, this creates a system where backlog cases continue to exist.
 Apart from corruption, there is a long and costly judicial process and delays in delivering
decisions. As far as pending cases are concerned, the Supreme Court has 60,000 pending cases,
waiting to be disposed of 38 lakh cases are in the High Courts, and 2 crore, 30 lakh are in the
district and subordinate courts, which are waiting to be considered.
 In Delhi, there are so many cases that are pending that even if 5 minutes is given to each lawsuit,
it would take 466 years to settle all the cases.
 There is a need to rectify the judicial system in the lower courts to speed up trials. Experts say
that the maintenance of Courts, their resources, proper facilities in Court premises, and
continuous hearing of cases are necessary. Apart from these, there is a need to accelerate civil and
criminal hearing. The hearing and disposal of these cases, takes a lot of time. In many criminal
cases, the decisions come when the person has almost completed his sentence. Similarly, in the
civil cases, the second or sometimes the third generation, receives a final decision.
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 These rising cases of delay in judgements indicate that our judicial system is in a state of collapse.
This is the reason that the President of India, Prime Minister, and Chief Justice have also started
expressing their concern over this.
Lok Adalats
 Lok Adalats were setup across the country in an attempt to clear up the backlog of cases. Lok
Adalats encourage parties to settle cases outside the formal court system. In the last 2 decades,
crores of cases have been settled through these courts.
Let’s see how this often overlooked mechanism offers a fast and hassle free form of dispute resolution:
 The People’s Court or Lok Adalat has become a strong mechanism in India now. It is an
alternative dispute redressal mechanism, where disputes or cases pending in courts are settled in a
day. To get out of the maze of litigation, courts and lawyers chambers, most of the countries have
encouraged this kind of an alternative dispute redressal mechanism.
 Lok Adalats were allowed by the 42nd Constitutional Amendment
 In 1976, Article 39-A was introduced to ensure that justice is not denied to any citizen of the
country due to reasons of economic or other disabilities.
 Article 14 and 22(1) also make it obligatory for the state to ensure equality before law and a
legal system which promotes justice on the basis of equal opportunity to all
 In 1987, the Legal Services Authorities Act was enacted to give a statutory base to legal aid
programmes throughout the country on a uniform pattern
 However, this Act was finally enforced on 9th of November, 1995
 The National Legal Services Authority (NALSA) was constituted on the 5th of December, 1995
under the Legal Services Authorities Act. The task of NALSA is to evaluate, implement and
monitor the legal aid programme.
 NALSA along with other Legal Services Institutions conducts Lok Adalats
 Under Section 19 of the Legal Services Authorities Act, 1987, Lok Adalats have a statutory
status.
The important thing to keep in mind is how these existing systems can be improved rather than creating
newer bodies to look at the same questions. The introduction of Lok Adalats added a new chapter to the
justice dispensation system of India. The Lok Adalat in India is a forum where long pending cases are
settled outside of court. Lok Adalats settle disputes through conciliation and compromise.
Composition of Lok Adalats
 There are 4 levels of Lok Adalats. At the top is the State Legal Services Authority that is
constituted in all the states of the country. After this comes the High Court Legal Services
Committee that is located in the High Court complex of every High Court. These are followed by
District Legal Services Authority at the district level, and the Taluk Legal Services Committee at
the taluka level.
 In a report that the Law Commission had taken out in 2017, we saw that even in the tribunal
system, there is a huge amount of backlog of cases. Thus, on one hand, new systems are being
created, but on the other hand, one is not equipping these systems to truly function. The Lok
Adalat’s decision is deemed to be the decree of a civil court. It is final and binding on all parties
and no appeal against such an award exists in any court. The Lok Adalat is presided over by a
sitting or a retired judicial officer as the Chairman, with two other members, usually a lawyer and
a social worker. There is no court fee. The Lok Adalat is very effective in the settlement of
money claims. Disputes like partition suits, damages and matrimonial cases can also be easily
settled before Lok Adalats, as the scope for compromise through an approach of give and take is
high in these cases.
 By 2015, there were more than 15 lakh public courts in the country, out of which, more than 8
crore lawsuits were settled. Most state governments have encouraged the Lok Adalats, as they
reduce the burden on the judiciary.
How does the Indian Judiciary function?
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 To know how the Indian Judiciary functions, it is important to understand its organizational
structure. The Indian courts form a strict hierarchy, with the Supreme Court at the top, followed
by the High Courts in the states, and the District Courts below them. These courts hear civil and
criminal cases including disputes between individuals and the government. India has a three-
tiered judicial system.
 What is significant about the Indian judiciary is that it is independent of the executive and the
legislative branches of the state under the constitution. The constitution provides for a single,
integrated judicial system. Under this, the Supreme Court is the highest court in the country. The
subordinate courts, work under the High Courts. The Indian judiciary also acts as the interpreter
and the protector of the constitution, it is also the guardian of the fundamental rights.
 A civil case goes before a civil judge and then goes before the district judge and then comes to
the high court and then the Supreme Court. A criminal case, goes before a magistrate, then before
a district judge and then High Court and then the Supreme Court. Some of the serious offences go
straight away for a sessions trial. In this case, the case move from the sessions trial directly to the
High Court and then the Supreme Court.
 The Supreme Court is the highest court of appeal in India. All courts in India are under the
control of the Supreme Court. The High Courts have a jurisdiction over a state, a union territory,
or a group of states and union territories. Below the High Courts are a hierarchy of subordinate
courts like the Civil Courts, Family Courts, Criminal Courts and various other District Courts. In
each district, the highest court is that of the district and sessions judge. The District Court is
presided over by one district judge, who is appointed by the state government. The District judge
is also called a Metropolitan Sessions Judge when he/she is presiding over a district court in a city
designated as a metropolitan area by the State Government. In addition to the district judge, there
may also be a number of additional district judges and assistant district judges.
 Further, the subordinate courts covering civil cases, are considered as Junior Civil Judge Courts,
Principal Junior Courts, and Senior Civil Judge Courts. All these courts are treated in an
ascending order. Besides, there are also Courts of small causes for metropolitan cities, and
Munsif’s court.
 Commercial Courts are also established at the district level to resolve commercial disputes,
valuing one crore rupees and above. Besides, there are also specialized courts and tribunals to
reduce the burden of pending cases, such as Debt Recovery Tribunals, Consumer Courts, Family
Courts, Labour Courts, and Motor Accident Claims Tribunal. Village Courts comprise of a
system of alternative dispute resolution; also called Nyay Panchayats, it is a system of dispute
resolution at the village level. Nyay Panchayats comprise of a Sarpanch as its head, and a few
Panch members. Nyay Panchayats are endowed with functions based on the principles of natural
justice. The procedure followed in Nyay Panchayats is very simple and informal.
16. What caused the floods in Kerala?

Context: A recent study has found that a combination of four factors led to extreme flooding across
Kerala this year. Union government had declared the Kerala floods a “calamity of severe nature”.
The four factors that led to the disaster:

Above normal seasonal (May-August) rainfall: The summer monsoon rainfall in Kerala from May to
August this year was 2,290 mm, which was 53% above normal. The average rainfall during the summer
monsoon period (June-September) is about 1,619 mm. This makes 2018 Kerala’s third wettest year in the
last 118 years (1901-2018); 1924 and 1961 were the wettest years with about 3,600 mm of annual rainfall.
Extreme rainfall events occurring almost across the State during the season: Till August 21, the State
witnessed few extreme rainfall events covering almost the entire State. These extreme rainfall events have
very low probability of recurrence in any given year.
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Over 90% reservoir storage even before the onset of extreme rainfall events: Kerala received 1634.5
mm rainfall during the period May 1 to August 7, which is more than the average rainfall (1619.37 mm)
during the summer monsoon period (June-September). As a result, six of the seven major reservoirs in the
State had over 90% storage before August 8, well before Kerala received the unprecedented extreme
rainfall events.
Unprecedented extreme rainfall in the catchment areas of major reservoirs in the State: The catchment
areas of major reservoirs in the State received extreme rainfall never before witnessed in the State. The
role of other factors such as changes in how infrastructure has grown at the expense of vegetation and
drainage remains to be studied.
17. Neelakurinji plants:

Context: Tamil Nadu government has announced a novel scheme for the protection of the exotic Neela
kurinji (Strobilanthus kunthianus) plants that flower only once in 12 years.
Neelakurinji:
 Kurinji or Neelakurinji (Strobilanthes kunthianus) is a shrub that is found in the shola forests of
the Western Ghats in South India.
 Nilgiri Hills, which literally means the blue mountains, got their name from the purplish blue
flowers of Neelakurinji that blossoms only once in 12 years.
 Some Kurinji flowers bloom once every seven years, and then die. Their seeds subsequently
sprout and continue the cycle of life and death.
 The Paliyan tribal people living in Tamil Nadu used it as a reference to calculate their age.
18. Sikkim’s first-ever airport

inaugurated:
Sikkim’s first-ever airport was recently inaugurated by the Prime Minister Narendra at Pakyong. The
airport was constructed by the Airports Authority of India.
Significance:
 The Pakyong Airport, the country has hit a century of airports. Until now, Sikkim was the only
state in India remaining without a functional airport. The development not only eases connectivity
to the Himalayan state but also brings it on the air-map of the world.
 The airport’s location makes it strategically relevant from the country’s security point of view.
The Indian Air Force (IAF) will find this airport convenient for the landing and taking off of its
aircrafts.
 The airport is not only India’s 100th functional airport but also one of the country’s five highest
airports.
19. Citizen science initiative helps save

hornbills
Context
 A recent citizen science initiative of documenting Indian hornbills is providing valuable inputs
for the conservation of this unique bird.
What is this initiative?
 The Hornbill Watch initiative (www.hornbills.in) is an interactive web interface that allows a
person to report on hornbills anywhere in India. People can record the observation of a live
hornbill, note its call or report a dead, hunted or captive bird.
How will this data help?
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 The data on the presence of hornbills outside protected areas would be crucial in identifying and
protecting their habitats from possible threats and development projects.
Species Distribution in India
 There are nine hornbill species in India.
 States from where the most sightings were recorded are Karnataka, Maharashtra, Tamil Nadu,
Assam and Arunachal Pradesh.
 Hornbills were reported from across 70 protected areas in the country. While 41% of the
observations were made within protected areas, 59% were made outside.
Some Important Hornbills:
 The endangered Narcondam hornbill is restricted to an area of 6 sq.km. of the Narcondam Island
in the Andamans.
 The rufous-necked hornbill is a vulnerable or near threatened species.
 Further, the Austen’s brown hornbill and the great hornbill were observed in several States in
northeastern India.
 Other important species of hornbill include the oriental pied hornbill and the Indian grey hornbill.
20. Governor’s discretion

Note to the Students:
This issue is important as it re-looks a the whole issue surrounding The discretionary powers of the
Governor. The issue surrounding the discretionary powers of the Governor have been in the news for
quite some time now.
The News:
 Currently, the discretionary powers of the Governor are once again at the centre of controversy.
This assumes importance based on the recent decision on the remission of seven convicts in the
Rajiv Gandhi assassination case.
Analysis:
 It is important to note that Article 161 of the Constitution provides the Governor with the power
to “remit or commute the sentence of any prisoner”.
 However, the Governor’s decision will be subject to judicial review by the constitutional courts.
 Currently, the immediate question is whether there is an independent, discretionary power vested
with the Governor with regard to Articles 161 and 163 of the Constitution.
Prior Precedents:
 In the Nabam Rebia and Bamang Felix v. Deputy Speaker (2016) case, the Supreme Court,
speaking through a five-judge Bench, viewed that the discretionary power of the Governor is
extremely limited and entirely amenable to judicial review.
 As a matter of fact, time and again, the courts have spoken out against the Governor acting in the
capacity of an “all-pervading super-constitutional authority”.
 Pertaining to the exercise of discretion, in Samsher Singh v. State of Punjab (1974), a seven-judge
Bench of the Supreme Court had held that the Governor may do so only “in harmony with his
Council of Ministers”.
 In an effort to do so, the Governor is prevented from taking a stand against the wishes of the
Council of Ministers.
Concluding Remarks:
 Currently, the domain being traversed in this case is alien to the Constitution of India, not having
envisaged a situation where the Governor exercises his power under Article 161 against the
express recommendation of the Council of Ministers.
 As a matter of fact, such a decision may drastically alter the Constitution and its founding
principles such as
a) the federal structure,
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b) Cabinet responsibility and
c) accountable governance.
 This might also be interpreted as the Governor having lost faith in the State government with
regard to the performance of its executive functions.
 Either which way, it is believed that to stay true to the spirit of the Constitution, the Governor
should desist from conferring discretionary powers to his office where there are none.
21. Decriminalisation of politics

Context: The Supreme Court has asked the Parliament to make a law to prevent persons with serious
criminal cases pending against them from entering legislature and be part of law making.
Background:
A bunch of pleas had been filed raising questions whether lawmakers, who face criminal trial, can be
disqualified from fighting elections at the stage of framing of charges against them.
What did the court say?

 The court observed that it cannot enter the legislative arena to provide disqualification of
candidates, who are facing serious criminal cases against them. However, it asked the candidates
to put in bold letter her/his criminal antecedents in the required affidavit.
 The SC said each political party will put on its website the criminal antecedents of each of its
candidates so as to allow the voters to make an informed choice.
What does the RPA say?

Currently, under the Representation of Peoples (RP) Act, lawmakers cannot contest elections only after
their conviction in a criminal case.
Section 8 of the Representation of the People (RP) Act, 1951 disqualifies a person convicted with a
sentence of two years or more from contesting elections. But those under trial continued to be eligible to
contest elections. The Lily Thomas case (2013), however, ended this unfair advantage.
Criminals in Politics:
Protecting the parliamentary system from criminalisation has been the intention of the law from the
beginning.
Efforts by SC in this regard:

 The SC has repeatedly expressed concern about the purity of legislatures.
 In 2002, it made it obligatory for all candidates to file an affidavit before the returning officer,
disclosing criminal cases pending against them.
 The famous order to introduce NOTA was intended to make political parties think before giving
tickets to the tainted.
 In its landmark judgment of March 2014, the SC accepted the urgent need for cleansing politics
of criminalisation and directed all subordinate courts to decide on cases involving legislators
within a year, or give reasons for not doing so to the chief justice of the high court.
The trend:
According to the ADR’s analysis of EC data, 187 MPs in the current Lok Sabha face criminal charges
(that is, 34.4 per cent). Of them, 113 face serious criminal charges. The number has gone up from 162 (76
serious) charges in 2009 and 128 (58 serious) in 2004.
Main reasons for Criminalization:

 Corruption
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 Vote bank.
 Lack of governance.
What is the way out?

There are three possible options.
1. One, political parties should themselves refuse tickets to the tainted.
2. Two, the RP Act should be amended to debar persons against whom cases of a heinous nature are
pending from contesting elections.
3. Three, fast-track courts should decide the cases of tainted legislators quickly.
Suggested measure to curb criminalization of politics:

 Bringing greater transparency in campaign financing is going to make it less attractive for
political parties to involve gangsters.
 The Election Commission of India (ECI) should have the power to audit the financial accounts of
political parties, or political parties’ finances should be brought under the right to information
(RTI) law.
 Broader governance will have to improve for voters to reduce the reliance on criminal politicians.
 Fast-track courts are necessary because politicians are able to delay the judicial process and serve
for decades before prosecution.
 The Election Commission must take adequate measures to break the nexus between the criminals
and the politicians.
 The forms prescribed by the Election Commission for candidates disclosing their convictions,
cases pending in courts and so on in their nomination papers is a step in the right direction if it
applied properly.
Way ahead:
Corruption and criminalisation of politics is hitting at the roots of democracy. Therefore, Parliament must
take steps urgently to curb this menace. Candidates and political parties must give wide publicity to
criminal cases pending against her/him in the local media, both print and electronic, after s/he files
nomination to contest elections.
22. Panel approves nutrition norms

 India’s top nutrition panel has recommended that severely malnourished children must be fed
freshly cooked food prepared from locally available cereals, pulses and vegetables, and
distributed by anganwadi centres, as part of the country’s first-ever guidelines for nutritional
management of children suffering from severe acute malnutrition (SAM).
Background
 The National Technical Board on Nutrition (NTBN) has approved guidelines proposed by
Women and Child Development Ministry for severe acute malnutrition.
 The measures are part of the community-based health management of children suffering from
SAM.
 The government had, till now, only put in place guidelines for the hospitalisation of severely
wasted children who develop medical complications. Those norms were made public in 2011.
The guidelines
 The guidelines outline the role of anganwadi workers and auxillary nurse midwives (ANMs) in
identifying severely wasted children, segregating those with oedema or medical complications
and sending them to the nearest health facility or nutrition rehabilitation centres.
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 The remaining children are enrolled into community-based management, which includes
provision of nutrition, continuous monitoring of growth, administration of antibiotics and micro-
nutrients as well as counselling sessions and imparting of nutrition and health education.
 According to the recommendations, anganwadi workers have to provide modified morning
snacks, hot cooked meals and take home ration for SAM children.
 The morning snacks and hot-cooked meals, which are served at anganwadis to children between
the age of three to six years, should be prepared freshly and served at the centralised kitchen/
anganwadi centres.
 Locally available cereals, pulses, green leafy vegetables and tubers, vitamin C rich fruits, as well
as fresh milk and 3-4 eggs every week have also been prescribed.
 Importantly, the government has also revised the method to be used to measure wasting and
advised calculating weight based on the height of children instead of the mid-upper arm
circumference.
National Technical Board on Nutrition (NTBN)
 It has been constituted to make technical recommendations on policy-relevant issues on nutrition.
 The role of the board is advisory in nature.
 It has to advise the states and UTs on preventive measures and management of SAM children.
 The board has to coordinate the collation, synthesis of existing scientific and operational research,
identify research gaps and make technical recommendations for the research agenda.
 It has to provide technical guidance on the design of nutrition surveys proposed by the states/UTs,
other sectors and institutions and their coherence with ongoing National Health and other surveys.
 It has to formulate India specific growth indicators including stunting.
23. Female circumcision issue goes to

Constitution Bench
 The Supreme Court on Monday referred to a five-judge Constitution Bench petitions seeking a
declaration that the practice of female circumcision or ‘khafz,’ prevalent in the Dawoodi Bohra
sect, amounts to female genital mutilation (FGM) and is a violation of women’s right to life and
dignity.
 A Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y.
Chandrachud observed that the issue deserved to be examined by a Constitution Bench.
Observations
 Earlier, at hearings, Justice Chandrachud had observed that circumcision leaves permanent,
emotional and mental scars in a young girl.
 The Chief Justice had orally observed that the Constitution does not allow a person to cause
injury to another.
 The Bench had said the practice should be tested in the light of constitutional morality.
Arguments in favor
 The practice is essential to religion and had been continuing since the 10th century.
 Female circumcision is not FGM.
24. SC to rule on barring accused in

heinous crimes from polls
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 A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, is scheduled to
pronounce its judgment on petitions to bar politicians facing charges of heinous crimes, such as
murder, rape and kidnapping, from contesting elections.
Observations
 The Bench, including Justices A.M. Khanwilkar, Rohinton Nariman, D.Y. Chandrachud and Indu
Malhotra, had made it clear that the Supreme Court could not legislate for Parliament.
 Chief Justice Misra had pointed out the urgency to do something to keep criminals at bay and
prevent them from contesting elections.
 The Chief Justice had voiced the Supreme Court’s anguish at the helplessness of society to
prevent criminalisation of politics at the very entry-point itself.
 The CJI had pointed out that Parliament was obliged under Article 102 (1) (e) (talks about
disqualification to stand as a candidate for election to the Lok Sabha from a Parliamentary
Constituency) to make a law.
 Attorney-General K.K. Venugopal had submitted that fast-track courts to try cases against
politicians was the only solution.
Background
 Under the Representation of the People Act, convicted lawmakers are disqualified, but not those
facing charges.
25. India ranks 158th in ‘human capital’

score
 India ranks 158th in the world for its investments in education and health care, according to the
first-ever scientific study ranking countries for their levels of investment in human capital.
 The study is based on analysis of data from government agencies, schools, and health care
systems.
Rankings
 The nation is placed behind Sudan (ranked 157th) and ahead of Namibia (ranked 159th) in the
list.
 The U.S. is ranked 27th, while China is at 44th and Pakistan at 164th.
 South Asian countries ranking below India in this report include Pakistan (164), Bangladesh
(161) and Afghanistan (188).
 Countries in the region that have fared better than India in terms of human capital include Sri
Lanka (102), Nepal (156), Bhutan (133) and Maldives (116).
Significance
 India is ranked at 158 out of 195 countries in 2016, an improvement from its position of 162 in
1990.
 The findings show the association between investments in education and health and improved
human capital and GDP.
Concerns
 It also shows that India is falling behind in terms of health and education of its workforce, which
could potentially have long-term negative effects on the economy.
26. Legislators can practise law, says SC

 The Supreme Court has held that there was no bar on legislators doubling up as lawyers.
Petition
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 The writ petition, filed by advocate Ashwini Kumar Upadhyay, had argued that legislators
donning the lawyers’ robes is a matter of serious concern to the judiciary.
 Upadhyay had argued that lawmakers drew their salaries and pensions from the public exchequer
and hence could be classified as employees.
Judgement
 The Bench dismissed the arguments made in the petition that such legal practice by lawmakers
was in violation of Rule 49 of the Bar Council of India Act, which forbade an advocate to be full-
time salaried employee of any person, government, firm, corporation or concern, so long as he
continues to practise.
 More importantly, the Supreme Court said there is no conflict of interest if the MPs are allowed
to practise law in the Supreme Court and in the High Courts before the very judges they have
power to impeach.
 The conferment of power on the legislators (MPs) to move an impeachment motion against the
judge(s) of constitutional courts does not per se result in conflict of interest or a case of impacting
constitutional morality or for that matter institutional integrity.
 The judgment said lawmakers could not be described as full-time salaried employees of the State.
They were elected representatives and occupied a unique position in our democracy.
Significance
 The judgment by a Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar
and D.Y. Chandrachud comes as a great relief to many sitting MPs of both the Bharatiya Janata
Party and the Congress, who are practising lawyers in the Supreme Court and in the High Courts.
27. Enact ‘strong law’ to cleanse politics:

SC
 The Supreme Court has directed political parties to publish online the pending criminal cases of
their candidates and urged Parliament to bring a strong law to cleanse political parties of leaders
facing trial for serious crimes.
Observations
 Supreme Court reproduced the words of the freedom fighter and last Governor-General of India,
C. Rajagopalachari, to show how Independent India’s founding fathers apprehended the slow
slide of honesty and integrity in politics.
 Justice Misra reflected that Rajaji had written in his prison diary that “elections and their
corruption, injustice and tyranny of wealth, and inefficiency of administration, will make a hell of
life as soon as freedom is given to us.”
 Similarly, the judgment quotes Rajendra Prasad, who said, “A Constitution like a machine is a
lifeless thing. It acquires life because of the men who control it and operate it, and India needs
today nothing more than a set of honest men who will have the interest of the country before
them.”
 Finally, it talks about the limitations of a Constitution through the words of B.R. Ambedkar. “A
Constitution can provide only the organs of State, the factors on which the working of those
organs of the State depend are the people and the political parties they will set up as their
instruments to carry out their wishes and their politics. Who can say how the people of India and
their parties will behave?”
 A politician may be disqualified from being a legislator, but he may continue to hold high
positions within his party, thus also continuing to play an important public role which he has been
deemed unfit for by the law.
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 Convicted politicians may continue to influence law-making by controlling the party and fielding
proxy candidates in legislature, the Chief Justice wrote in the judgment.
 Political parties act as a conduit through which interests and issues of the people are represented
in Parliament. They play a central role in the interface between private citizens and public life,
Chief Justice Misra noted.
 The verdict referred to past efforts to usher in transparency within political parties. It quotes the
efforts to bring political parties under the Right to Information regime.
 The judgment refers to observations made by the CIC in Subhash Chandra Agarwal v. INC and
others to describe the position of political parties in democracy.
 Criminalisation of politics and corruption, especially at the entry level of elections, has become a
national and economic terror. It is a disease which is self-destructive and becoming immune to
antibiotics.
 Chief Justice Misra said Parliament is obligated to act, as criminalisation in politics is a bitter
manifest truth, which is a termite to the citadel of democracy.
 It noted with anguish that the Election Commission of India has its hands tied, helplessly
watching as criminalisation of politics at the entry level is on the rise.
 It is one thing to take cover under the presumption of innocence of the accused but it is equally
imperative that persons who enter public life and participate in law making should be above any
kind of serious criminal allegation.
 Rapid criminalisation of politics cannot be arrested by merely disqualifying tainted legislators but
should begin by cleansing political parties, a five-judge Constitution Bench, led by Chief Justice
of India Dipak Misra, observed.
 The court said Parliament should frame a law that makes it obligatory for political parties to
remove leaders charged with heinous and grievous crimes, such as rape, murder and kidnapping,
to name only a few, and refuse ticket to offenders in both parliamentary and Assembly polls.
 The Chief Justice said criminals in power are nothing but a liability to this country. Their
presence in power strikes at the roots of democracy.
 The best available people, as is expected by the democratic system, should not have criminal
antecedents and the voters have a right to know about their antecedents, assets and other aspects.
 Citizens in a democracy cannot be compelled to stand as silent, deaf and mute spectators to
corruption.
Directions
 The Bench, also comprising Justices A.M. Khanwilkar, Rohinton Nariman, D.Y. Chandrachud
and Indu Malhotra, however, made it clear that the court cannot legislate for Parliament by
introducing disqualification to ban candidates facing trial for heinous crimes from contesting
elections.
 The court directed that candidates divulge their criminal past to the Election Commission in block
letters.
 Candidates should make a full disclosure of the criminal cases pending against them to the
political parties under whose banner they intend to contest the polls.
 The parties, in turn, should put up the complete details of their candidates on their websites for
public consumption.
 Further, both the candidate and the political party should declare the criminal antecedents of the
former in widely-circulated newspapers.
 Finally, both the candidate and the political party should give wide publicity to the criminal
record of the former by airing it on TV channels, not once, but thrice after the filing of
nomination papers.
Elections Commission
 The Election Commission said it would examine the Supreme Court judgement and based on the
findings, would issue necessary instructions for compliance by the parties concerned.
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Significance
 The judgement, which compels political parties to come clean about the criminal elements within
their apparatus, is unique as it opens a new vista that the process of breaking crime-politics nexus
extends much beyond purity of legislators and encompasses purity of political parties as well.
 The directions to political parties to go public about the criminal cases against their candidates is
a step to foster and nurture an informed citizenry. It is to protect the culture and purity in politics.
 It ensures that ordinary voters can have an informed choice about who he or she has to vote for in
a country which already feels agonised when money and muscle power become the supreme
power.
 Disclosure of antecedents makes the election a fair one and the exercise of the right of voting by
the electorate also gets sanctified.
Background
Law Commission Reports
 The verdict by the five-judge Bench led by Chief Justice of India referred to the Law Commission
reports which pointed out that political parties have been chiefly responsible for criminalisation
of politics.
 The Law Commission of India, in its 244th report, succinctly put it that instead of politicians
having suspected links to criminal networks, as was the case earlier, it was persons with extensive
criminal backgrounds who began entering politics.
 The Law Commission said that in the 10 years since 2004, 18% of the candidates contesting
either national or State elections had criminal cases against them (11,063 out of 62,847).
 Though the Representation of the People Act disqualifies a sitting legislator or a candidate on
certain grounds, there is nothing regulating the appointments to offices within the party.
1993 Mumbai bomb blasts
 The presence of criminalisation of politics was felt in its strongest form during the 1993 Mumbai
bomb blasts, a Constitution Bench of the Supreme Court, led by Chief Justice of India Dipak
Misra, said in a 100-page judgment.
 The blasts, the court said, was the result of a collaboration of a diffused network of criminal
gangs, police and customs officials and their political patrons and the tremors of the attacks shook
the entire nation.
Vohra panel report
 The court referred to how the N.N. Vohra Committee, which was set up following a public outcry
after the blasts, submitted its report in October 1993 after its study of the problem of
criminalisation of politics and the nexus among criminals, politicians and bureaucrats in India.
 The committee had concluded that agencies, including the CBI, IB, RAW, had unanimously
expressed their opinion that the criminal network was virtually running a parallel government.
 The committee report mentioned how money power was first acquired through real estate and
then used for building up contacts with bureaucrats and politicians.
 The money power is used to develop a network of muscle power which is also used by the
politicians during elections.
Other reports
 The judgment also refers to the fact that voices within Parliament also felt the need to end the
bane of criminal politics.
 The 18th Report presented by a parliamentary committee to the Rajya Sabha in March 2007
expressed a strong feeling that politics should be cleansed of persons with established criminal
background. It said criminalisation of politics is the bane of society and negation of democracy.
 The Goswami Committee on Electoral Reforms, as early as in 1990, highlighted the crippling
effect of money and muscle power in elections.
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28. Maldives Presidential Election

Context
 The people of Maldives voted for change and brought to power the Opposition candidate, Ibrahim
Mohamed Solih.
 They came out in huge numbers with the turnout being 89.2% and dealt a decisive blow to Mr.
Yameen.
 The interim results of Sunday’s presidential election in the Maldives have given the joint
opposition candidate, Ibrahim Mohamed Solih a victory in the direct contest with the incumbent,
Abdulla Yameen.
 Maldivian voters have ushered in change, with 58% of the voters choosing Mr. Solih.
Background
Why is this election important? What were the circumstances during the election process?
 The Maldives has been in turmoil since its first democratically-elected leader, Mr. Nasheed, was forced out of
office following a police mutiny in 2012.
 This was followed by the controversial election of Mr. Yameen came under assault.
 This February, he imposed a 45-day state of emergency fearing an attempt by his political opponents to impeach
him.
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 This led him to target his own half-brother and former President, Maumoon Abdul Gayoom, and the judiciary.
 Even on the eve of the polling, the police was used to target the opposition MDP, amid concerns that the
campaign had been heavily tilted in favour of Mr. Yameen.
 Former President Mohammed Nasheed, who was seen as the frontrunner, was disqualified from contesting
because of a terrorism conviction.
 Former President Maumoon Abdul Gayoom was behind bars on the charge of attempting a coup in February this
year.
 Just ahead of the elections too, there had also been many misgivings over the conduct of the election commission,
the courts and security forces, with these worries heightened when the headquarters of the main opposition party,
the Maldivian Democratic Party, to which Mr. Solih belongs, were raided.
 Counting procedures were changed at the last minute, which led to some confusion during Sunday’s polling, and
many foreign journalists, including from India, were denied visas. in 2013 when the Supreme Court annulled the
result.
 Mr. Yameen was trailing Mr. Nasheed, thereby providing him an opportunity to win in the second round of
voting.
 Mr. Yameen’s presidency saw the Maldives flirting with Islamist radicalism and the democratic underpinnings of
the nation came under assault.
 This February, he imposed a 45-day state of emergency fearing an attempt by his political opponents to impeach
him.
 This led him to target his own half brother and former President, Maumoon Abdul Gayoom, and the judiciary.
 Even on the eve of the polling, the police was used to target the opposition MDP, amid concerns that the
campaign had been heavily tilted in favour of Mr. Yameen.
 Former President Mohammed Nasheed, who was seen as the frontrunner, was disqualified from contesting
because of a terrorism conviction.
 Former President Maumoon Abdul Gayoom was behind bars on the charge of attempting a coup in February this
year.
 Just ahead of the elections too, there had also been many misgivings over the conduct of the election commission,
the courts and security forces, with these worries heightened when the headquarters of the main opposition party,
the Maldivian Democratic Party, to which Mr. Solih belongs, were raided.
 Counting procedures were changed at the last minute, which led to some confusion during Sunday’s polling, and
many foreign journalists, including from India, were denied visas.
Positive aspects of the Election with respect to India

 There was a turnout of 89.2% . President Yameen conceded defeat and vowed to ensure a smooth
transition.
 New Delhi must stay clear of partisan positioning on the internal politics of the Maldives.
 The larger agenda must be to partner the Maldives in its stability and development rather than
engaging in a tug of war with China
Mr. Yameen also fostered closer ties with China and Saudi Arabia, ignoring India and even pulling the
Maldives out of the Commonwealth in 2016.
Tilt towards China
 The alacrity with which Mr. Yameen embraced China caught India off guard. During his China
visit last year, the two nations signed 12 pacts, including a free trade agreement (FTA).
 Yameen not only fully endorsed China’s ambitious Maritime Silk Road initiative but also made
the Maldives the second country in South Asia, after Pakistan, to enter into an FTA with China.
 The Yameen government pushed the FTA through the nation’s Parliament, the Majlis, stealthily,
with the opposition not attending the parliamentary session.
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 The opposition accused the Yameen government of allowing a Chinese ‘land grab’ of Maldivian
islands, key infrastructure, and even essential utilities, which not only undermines the
independence of the Maldives, but the security of the entire Indian Ocean region.
 The massive infrastructure growth funded by Chinese debt was a key part of Mr. Yameen’s
election campaign but the massive debt trap made it a difficult proposition to be accepted.
 India’s Ministry of External Affairs said Sunday’s election marked not only the triumph of
democratic forces in the Maldives but also reflects the firm commitment to the values of
democracy and the rule of law.
Challenges ahead for the Maldives
 Democratic institutions have been weakened and a fragile democracy can also be susceptible to
radical ideologies if not effectively governed.
 China’s economic presence in the Maldives is a reality that all governments will have to contend
with.
Lessons for India
 Yameen’s ouster has certainly produced a favourable outcome for New Delhi and it should seize
the moment to rebuild ties with Male.
 If there is one lesson out of the Maldives crisis, it is that political elites in India’s neighbours will
come and go but if India can stand together with the aspirations of citizens of neighbouring
countries, then the prospects of a long-term sustainable relationship will be much brighter.
29. Ease of Living index

Context: Ease of Living index has been released.
 Andhra Pradesh has topped Ease of Living Index rankings under AMRUT (Atal Mission for
Rejuvenation and Urban Transformation).
 It is followed by Odisha and Madhya Pradesh.
About the Ease of Living index:
The index has been developed to allow city managers to get a grip on the city’s baseline and compare its
performance across key indicators. The first edition of index released in January 2018 had ranked 111
Indian cities and was topped by Pune.
 The index covers 116 cities that are smart city contenders, capital cities, and cities with
population of 1 million plus.
 The index captures the quality of life based on the data collected from the urban local bodies on
four parameters, which were further broken down into 15 categories.
 The four parameters include institutional (governance), social (identity, education, health,
security), economic (economy, employment) and physical factors (waste water and solid waste
management, pollution, housing/ inclusiveness, mixed land use, power and water supply,
transport, public open spaces).
 Institutional and social parameters carry 25 points each, physical factors have a weightage of 45
points and economic factors five points totalling to a 100 mark scale on which cities were
evaluated.
About AMRUT:
AMRUT is the new avatar of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM).
 It adopts a project approach to ensure basic infrastructure services relating to water supply,
sewerage, storm-water drains, transportation and development of green spaces and parks with
special provision for meeting the needs of children.
 Under this mission, 10% of the budget allocation will be given to states and union territories as
incentive based on the achievement of reforms during the previous year.
 AMRUT will be implemented in 500 locations with a population of one lakh and above. It
would cover some cities situated on stems of main rivers, a few state capitals and important cities
located in hilly areas, islands and tourist areas.
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 Under this mission, states get the flexibility of designing schemes based on the needs of
identified cities and in their execution and monitoring. States will only submit state annual action
Plans to the centre for broad concurrence based on which funds will be released. But, in a
significant departure from JNNURM, the central government will not appraise individual
projects.
 Central assistance will be to the extent of 50% of project cost for cities and towns with a
population of up to 10 lakhs and one-third of the project cost for those with a population of
above 10 lakhs.
 Under the mission, states will transfer funds to urban local bodies within 7 days of transfer by
central government and no diversion of funds to be made failing which penal interest would be
charged besides taking other adverse action by the centre.
30. Aadhaar gets thumbs up from

Supreme Court
 The Supreme Court, in a majority opinion, upheld Aadhaar as a reasonable restriction on
individual privacy that fulfils the government’s legitimate aim to provide dignity to a large,
marginalised population living in abject poverty.
Observations
 The Constitution does not exist for a few or minority of the people of India, but ‘We the People’.
 Aadhaar is a document of empowerment. An unparalleled identity proof. A document that cannot
be duplicated, unlike PAN, ration card, and passport.
 It is better to be unique than the best. The best makes you number one, but unique makes you the
only one.
 Technology had become a vital tool for ensuring good governance in a social welfare state.
Schemes such as the PDS, scholarships, mid-day meals and LPG subsidies involve a huge amount
of money, and fool proof Aadhaar helped welfare reach the poor.
Constitutionality
 Majority opinion upheld the constitutionality of Aadhaar.
Arguments
 Justice D.Y. Chandrachud wrote a sharp dissent, declaring Aadhaar unconstitutional.
 Justice D.Y. Chandrachud, who wrote the lone dissenting opinion declaring Aadhaar
unconstitutional, held that the unique identity scheme reduces a person to a 12-digit number.
 He said that if the requirement of Aadhaar is made mandatory for every benefit or service which
the government provides, it is impossible to live in contemporary India without Aadhaar.
 The legitimate aim of the state to provide dignity to the poor could have been fulfilled by
adopting less intrusive measures. Why has Aadhaar been made the sole repository of
identification?
 He said efficiency in governance could not steamroll fundamental freedoms. If so, there was a
danger of a society crossing the line which divided democracy from authoritarian cultures.
 The entire Aadhaar programme, since 2009, suffers from constitutional infirmities and violations
of fundamental rights. The enactment of the Aadhaar Act does not save the Aadhaar project. The
Aadhaar Act, the Rules and Regulations framed under it, and the framework prior to the
enactment of the Act are unconstitutional, he held.
Privacy
 Aadhaar is a reasonable restriction on individual privacy.
 The Supreme Court quashed or read down several provisions in the Aadhaar Act in order to de-
fang any possibility of the state misusing data.
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 For one, the court held that authentication records should not be retained for more than six
months. It declared the archiving of records for five years as bad in law.
 It also prohibited the creation of a metabase for transactions.
 It read down Section 33 (1), which allowed the disclosure of Aadhaar information on the orders
of a District Judge. This cannot be done now without giving the person concerned an opportunity
to be heard.
 The Supreme Court struck down Section 33(2), which allowed the disclosure of Aadhaar
information for national security reasons on the orders of an officer not below a Joint Secretary.
Arguments
 The Supreme Court said neither were individuals profiled nor their movements traced when
Aadhaar was used to avail government benefits under Section 7 of the Aadhaar Act, 2016.
 The statute only sought minimal biometric information, and this did not amount to invasion of
privacy.
 Countering the argument that the Aadhaar regime would facilitate the birth of a surveillance state,
Justice Sikri wrote that Aadhaar exhibited no such tendencies.
 Authentication transactions through Aadhaar did not ask for the purpose, nature or location of the
transaction.
 Besides, information was collected in silos and their merging was prohibited. The authentication
process was not expanded to the Internet.
 The collection of personal data and its authentication was done through registered devices. The
Authority did not get any information related to the IP address or the GPS location from where
authentication was performed.
 The Aadhaar structure makes it very difficult to create the profile of a person, Justice Sikri
reasoned.
 The absence of a legislative framework for the Aadhaar project between 2009 and 2016, before
the Aadhaar Act came into existence, left the biometric data of millions of Indian citizens
exposed to danger.
 Justice Chandrachud did not agree with Justice Sikri’s majority view that since information was
collected in silos in Aadhaar, potential surveillance or profiling by the state or private entities was
impossible.
 He countered that when Aadhaar was seeded into every database, it became a bridge across
discreet data silos, which allowed anyone with access to this information to re-construct a profile
of an individual’s life.
Money Bill
 The SC upheld the passage of the Aadhaar Act as a Money Bill.
Arguments
 The majority opinion on the Constitution Bench that the Aadhaar Act was a Money Bill
prevailed, but the dissenting judgment by Justice D.Y. Chandrachud questioned how a statute
about an identity proof, Aadhaar, can be possibly passed as a Money Bill.
 Justice A.K. Sikri pointed to Section 7 of the Aadhaar Act which required authentication by
Aadhaar card if beneficiaries wanted to access subsidies, benefits and services.
 Justice Sikri reasoned that since all these were welfare measures sought to be extended to the
marginalised sections, a collective reading would show that the purpose is to expand the coverage
of all kinds of aid, support, grant, advantage, relief provisions, facility, utility or assistance which
may be extended with the support of the Consolidated Fund of India with the objective of targeted
delivery.
 In short, the majority view justified that Aadhaar was vital to ensure that government aid reached
the targeted beneficiaries, and hence, the Act was validly passed as a Money Bill.
 A Money Bill must deal with the declaring of any expenditure to be expenditure charged on the
Consolidated Fund of India. Section 7 does not declare the expenditure incurred to be a charge on
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the Consolidated Fund. It only provides that in the case of such services, benefits or subsidies,
Aadhaar can be made mandatory to avail of them, Justice Chandrachud countered Justice Sikri’s
view.
 He also pointed out that the other sections of the Aadhaar Act which dealt with several aspects
relating to the Aadhaar numbers were alien to the scope of Article 110 of the Constitution which
defined a Money Bill.
Aadhar linkages
 The majority opinion upheld the PAN-Aadhaar linkage, but declared linking Aadhaar with bank
accounts and mobile SIM cards unconstitutional.
 The Election Commission may resume the voluntary linking of voter identification cards with the
Aadhaar database, given that, prima facie, the judgment by the Supreme Court’s five-judge Bench
does not have any adverse remarks on the issue.
Children
 The court insulated children from the Aadhaar regime.
 The card was not necessary for children aged between six and 14 under the Sarva Shiksha
Abhiyan as right to education was a fundamental right.
 Statutory bodies such as the CBSE and the UGC cannot ask students to produce their Aadhaar
cards for examinations like the NEET and the JEE.
 Permission of parents and guardians was a must before enrolling children into Aadhaar.
 Once they attained the age of majority, children could opt out of Aadhaar.
Section 57
 The Supreme Court held the portion, which gives a free hand to private entities to demand
Aadhaar from individuals, unconstitutional.
 Section 57 allows not only the state but also any body corporate or person or private entity to
demand Aadhaar from citizens for the purpose of identification.
 This provision had offered statutory support to mobile companies and private service providers to
seek individuals’ Aadhaar card for identification purposes.
Arguments
 A mere contract between a private entity and an individual was not enough to demand Aadhaar
from the latter.
Directions to the Government
 The court further directed the government and the Unique Identification Authority of India
(UIDAI) to bring in regulations to prevent rightfully entitled people from being denied benefits.
Significance
 The resident has been recognised as being at the heart of the project, and they have gained new
rights that help them assert their ownership over their data.
 It will bolster good governance, and the delivery of services to the poorer sections of society.
Concerns
 Lakhs of people would continue to be denied their universal rights for not having Aadhaar.
 The majority opinion in the Aadhaar verdict is silent on deleting biometric data already collected
by phone companies.
 The judgment would help little in protecting the right to privacy because the Centre had
privatised or outsourced many of its responsibilities. Such companies would have access to
Aadhaar data.
 The Supreme Court ruling that Aadhaar is not mandatory for opening bank accounts could affect
online opening of accounts.
 The bankers say that since there are no other officially valid documents apart from Aadhaar for
use digitally, accounts cannot be opened online if the customer decides not to share the number.
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Aadhaar survives
Note to Students:
Note to the Students: From a UPSC point of view there are a few important areas to cover in this article.
These are: 1) The idea of Aadhar 2) The concept of a Money Bill (Article 110)
3) The issues concerning data privacy of an individual
The News:
 In a recent judgement by the Supreme Court of India, four out of five judges on a Constitution
Bench ruled that the law enabling the implementation of the unique identification programme
(Aadhar) does not violate the right to privacy of citizens.
 The Supreme Court upheld the constitutional validity of Aadhaar and clarified areas in which it
cannot be made mandatory.
 The court is of the view that the project empowers marginalised sections and procures dignity for
them along with services, benefits and subsidies by leveraging the power of technology.
Larger Background:
 It is important to note that the Aadhaar Act was passed as a money bill.
 The Speaker of the Lok Sabha had classified this bill as a money bill.
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What is a Money Bill?
 A Bill is said to be a Money Bill if it only contains provisions related to
a. taxation,
b. borrowing of money by the government,
c. expenditure from or receipt to the Consolidated Fund of India. Bills that only contain provisions
that are incidental to these matters would also be regarded as Money Bills.
 A Money Bill may only be introduced in Lok Sabha. This is done so on the recommendation of
the President.
 It must be passed in Lok Sabha by a simple majority of all members present and voting.
Following this, it may be sent to the Rajya Sabha for its recommendations, which Lok Sabha
may reject if it chooses to.
 If such recommendations are not given within 14 days, it will deemed to be passed by Parliament.
What is a Financial Bill?
 A Bill that contains some provisions related to taxation and expenditure, and additionally contains
provisions related to any other matter is called a Financial Bill. Therefore, if a Bill merely
involves expenditure by the government, and addresses other issues, it will be a financial bill.
 A Financial Bill may only be introduced in Lok Sabha, on the recommendation of the President.
The Bill must be passed by both Houses of Parliament, after the President has recommended that
it be taken up for consideration in each House.
 It is important to note that the Rajya Sabha has no power to reject or amend a Money Bill.
However, a Financial Bill must be passed by both Houses of Parliament.
 The Speaker certifies a Bill as a Money Bill, and the Speaker’s decision is final.
Recent History:
 In recent times, the unique identification programme was projected by sceptics, detractors and
activists as an intrusion on citizens’ privacy.
 Many sceptics were of the opinion that the Aadhar was a grand project to appropriate personal
data for commercial exploitation by private parties and profiling by the state.
 Last year, 2017, a nine-judge Bench had unanimously ruled that privacy is a fundamental right.
 Ever since this decision by the Supreme Court, opinion began to spread that the unique
identification programme was vulnerable in the face of judicial scrutiny.
Analysis:
 On studying this judgement, one draws the conclusion that the Supreme Court has restored the
original intent of the programme, which is to plug leakages in subsidy schemes and to have better
targeting of welfare benefits.
 Over the past few years, the Aadhaar came to play a large role in the lives of ordinary people.
 The Aadhaar has acquired the shape of a basic identity document that was required to access
services, such as:
a) birth and death certificates,
 b) SIM cards,
 c) school admissions,
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 d) property registrations and
e) vehicle purchases
 The recent judgment of the Supreme Court narrows the scope of Aadhaar but provides a
framework within which it can work.
 This judgement has two views,
a) The majority opinion
 b) The dissenting opinion/judgement
The majority opinion:
 The majority opinion has sought to limit the import of the scheme to aspects directly related to
welfare benefits, subsidies and money spent from the Consolidated Fund of India.
 Relying on official statistics, the majority favoured the scheme’s continuance for the sake of the
99.76% of people included under the scheme, rather than show anxiety over the 0.24% who were
excluded because of authentication failure.
 The Bench made an important statement by saying that “The remedy is to plug the loopholes
rather than axe the project,”.
A few implications of the majority opinion:
 The various controversial circulars and rules making it mandatory to
link mobile phone numbers and bank accounts to Aadhaar numbers have been declared unconstitutional.
 Further, Section 57 of the Aadhaar (Targeted Delivery Of Financial And Other Subsidies,
Benefits And Services) Act, 2016, has been struck down to the extent that it authorised body
corporates and individuals to use the Aadhaar number to establish someone’s identity.
 Schools have been barred from making the submission of the Aadhaar number mandatory to enrol
children.
 A few other provisions have also been read down or clarified.
Dissenting Judgement:
 Justice DY Chandrachud in his dissenting judgement said that the “Aadhaar allows constructing
profiles of individuals, which is against the right to privacy and enables potential surveillance,”.
 Justice Chandrachud said: “Bypassing Rajya Sabha to pass Aadhaar Act amounts to subterfuge
and the law can be struck down.”
 He further observed that the Aadhaar cannot be treated as money bill and passing a bill as money
bill which is not a money bill is a fraud on the Constitution,”.
 Justice Chandrachud said if Aadhaar is seeded with every database then there is chance of
infringement of right to privacy. He said there was absence of regulatory mechanism to provide
robust data protection.
 He went on to add that allowing private players to use Aadhaar will lead to profiling which could
be used to ascertain political views of citizens.
 Having said this, he agreed with the majority decision that mobile companies cannot insist on
Aadhaar.
 He also highlighted that biometric authentication failures have led to denial of rights and legal
entitlements. He sighted the reason for such failures in the project’s inability to account for and
remedy flaws in its network and design.
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 It is important to note that while a dissenting judgement has no force of law, it leaves open the
possibility of being referred to a larger bench at a later stage.
 He further ruled that the denial of benefits arising out of any social security rights is “violative of
human dignity and impermissible under our constitutional scheme”.
 He also observed that there was no institutional responsibility of the UIDAI to protect the data of
citizens.
31. Boost to SC/ST quota in promotions

 A Constitution Bench of the Supreme Court has modified a 2006 judgment requiring the State to
show quantifiable data to prove the backwardness of a Scheduled Caste/Scheduled Tribe
community in order to provide quota in promotion in public employment.
 It gives a huge fillip for the government’s efforts to provide accelerated promotion with
consequential seniority for Scheduled Castes/ Scheduled Tribes (SC/ST) members in government
services.
 The apex court also turned down the centre’s plea that overall population of SC/ST be considered
for granting quota for them.
Observations
 Justice Rohinton Nariman held that this portion of the M. Nagaraj judgment of another five-judge
Constitution Bench in 2006 was directly contrary to the nine-judge Bench verdict in the Indira
Sawhney case.
 In the Indira Sawhney case, the Supreme Court had held that the test or requirement of social and
educational backwardness cannot be applied to Scheduled Castes and Scheduled Tribes, who
indubitably fall within the expression ‘backward class of citizens’.
 Justice Nariman pointed out that the Presidential List for Scheduled Castes contains only those
castes or groups or parts as untouchables.
 Similarly, the Presidential List of Scheduled Tribes only refers to those tribes in remote backward
areas who are socially extremely backward.
 The whole object of reservation is to see that backward classes of citizens move forward so that
they may march hand in hand with other citizens of India on an equal basis.
 This will not be possible if only the creamy layer within that class bag all the coveted jobs in the
public sector and perpetuate themselves, leaving the rest of the class as backward as they always
were, Justice Nariman said and upheld Nagaraj’s direction that creamy layer applied to SC/ST in
promotions.
 It said that when a court applies the creamy layer principle to Scheduled Castes and Scheduled
Tribes, it does not in any manner tinker with the Presidential List under Articles 341 or 342 of the
Constitution of India.
 The caste or group or sub-group named in the said List continues exactly as before.
 It is only those persons within that group or sub-group, who have come out of untouchability or
backwardness by virtue of belonging to the creamy layer, who are excluded from the benefit of
reservation.
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32. SC proceedings can be live-streamed

 The Supreme Court upheld the plea for live-streaming of its proceedings, observing that the use
of technology is to virtually expand the court beyond the four walls of the courtroom.
Observations
 It pointed out that in some cases the parties may have genuine reservations and may claim right of
privacy and dignity.
 Such a claim will have to be examined by the court and for which reason, a just regulatory
framework must be provided for, including obtaining prior consent of the parties to the
proceedings to be live-streamed.
 The final decision whether to live-stream a case or not lies with the court, especially in sensitive
ones. The decision cannot be appealed.
 In a separate and concurring opinion, Justice Chandrachud wrote that the live-streaming would be
the true realisation of the open court system in which courts are accessible to all. Sunlight is the
best disinfectant, he said.
Significance
 It will help those even in distant places to witness court proceedings.
 Live-streaming of court proceedings has the potential of throwing up an option to the public to
witness proceedings which they otherwise could not have due to logistical issues and
infrastructural restrictions.
Pilot project
 Justice Khanwilkar said live-streaming should start as a pilot project in the Supreme Court for
cases of national importance.
 Specified category of cases or cases of constitutional and national importance being argued for
final hearing before the Constitution Bench may be live-streamed first.
33. What is G4?

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 Formed in 2005, the G4 nations comprise Brazil, Germany, India and Japan. Unlike
many inter-governmental bodies whose primary motives are economic and political, the
G4’s aim is to ensure permanent membership on the United Nations Security Council.
34. Hearings on Ayodhya title suit
 A three-judge Bench of the Supreme Court declined to refer the question if a mosque as a place of
prayer is an essential part of Islam in the Ramjanmabhoomi-Babri Masjid appeals to a seven-
judge Bench.
 The majority view by Chief Justice Dipak Misra and Justice Ashok Bhushan ordered that the
hearing in the main Ayodhya title suit appeals should resume.
 With Chief Justice Misra retiring on October 2, a new three-judge Bench would be constituted.
1994 judgment: Ismail Faruqui case
 The bone of contention here is an observation made by a Constitution Bench of the Supreme
Court in the 1994 judgment in the Ismail Faruqui case.
 It had stated that a mosque is not an essential part of the practice of the religion of Islam and
namaz (prayer) by Muslims can be offered anywhere, even in open.
Fundamental rights
 What is essential or not in a religion can be decided only after studying tenets, beliefs, and
doctrines.
 Justice Nazeer held that the comment has to be examined in the background of the fundamental
right against discrimination under Article 15 and the protection guaranteed to practice, profess
and propagate religion in Articles 25 and 26 under the Constitution.
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 As the hearings progressed in the appeals, the Muslim appellants had pressed that the place of a
mosque in Islam and the importance of the practice of offering prayers inside a mosque should be
first decided by a five-judge Bench.
 Speaking for the majority judgement of himself and the Chief Justice on the issue of referring the
question if a mosque as a place of prayer is an essential part of Islam, in the Ramjanmabhoomi-
Babri Masjid appeals, to a seven-judge Bench, Justice Ashok Bhushan said references cannot be
made to a larger Bench merely because of questionable observations made in an earlier judgment.
Such observations cannot be treated as “governing factors” for a reference, he said.
 Justice Bhushan said the statement made in the 1994 Faruqui verdict was in the context of
whether the mosque, which was acquired by the Ayodhya Act of 1993, had immunity from
acquisition.
 The statement meant that no place of worship, be it a temple, church or mosque, is immune from
acquisition. It merely wanted to convey that mosques had “no special immunity from
acquisition”.
 The context had nothing to do with the essentiality of the practice of offering prayers or namaz in
a mosque.
 Acquisition, Justice Bhushan observed, is a sovereign power. The power of acquisition is
available for a mosque like any other place of worship.
 Places of worship of all religions are liable to be acquired by the government under the Doctrine
of Eminent Domain.
Doctrine of Eminent Domain
 Eminent domain or land acquisition is the power of a state, provincial, or national government to
take private property for public use.
 However, this power can be legislatively delegated by the state to municipalities, government
subdivisions, or even to private persons or corporations, when they are authorized by the
legislature to exercise the functions of public character.
 Senior advocate Rajeev Dhavan, for the Muslims appellants, had argued that the observation in
the Ismail Faruqui judgment has affected the status of mosques in Islam.
 The majority view also dismissed Mr. Dhavan’s exception to the observation made in the Faruqui
judgment that Ayodhya, being the place of birth of Lord Rama, has “particular significance”.
 The statement that “praying in a mosque is not an essential part of Islam and namaz by Muslims
can be offered even in the open” by a Constitution Bench of the Supreme Court in a 1994
judgment played a role in the Allahabad High Court’s decision to partition the disputed Ram
Janmabhoomi-Babri Masjid site, Justice S. Abdul Nazeer held on Thursday.
 A three-judge Bench of the High Court had partitioned the disputed site among Hindus, Muslims
and the Nirmohi Akhara in September 2010.
 It is this decision which is in appeal now in the Supreme Court.
Dissenting opinion
 Justice S. Abdul Nazeer observed that the question of what is essential or not in a religion cannot
be hastily decided.
 He held that the question raised on the essentiality of offering prayers in mosques should indeed
be examined by a seven-judge Bench before the Ayodhya suit appeals are heard.
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 Justice Nazeer said the questions raised during the Ayodhya appeals’ hearing about the comment
made in the Ismail Faruqui judgment require a comprehensive examination by a seven-judge
Bench.
 In his stinging dissent, Justice Nazeer disagreed with the majority opinion of Chief Justice Dipak
Misra and Justice Ashok Bhushan that the comment made in the 24-year-old Ismail Faruqui
judgment of a Constitution Bench has no relevance in the present Ayodhya title suit appeals.
 Justice Nazeer observed that the remark “permeated” the arguments of the lawyers who fought
the Ayodhya title dispute before the High Court.
 Justice Nazeer gave extracts from the voluminous judgments of the High Court to show the
impact made by the remark.
 Justice Nazeer said the comment cannot be brushed off, especially in the background of an issue
as sensitive as the Ayodhya dispute.
 Justice Nazeer said the Ismail Faruqui judgment should be “brought in line”. The question of
essentiality of offering prayers in a mosque should be referred to a seven-judge Bench, which
should examine the issue in light of the beliefs, tenets and practice of the faith in question.
35. Adultery and IPC

Section 497
 Section 497 of the Indian Penal Code was dealing with Adultery.
 As per the Indian law, a woman cannot be punished for the offence of adultery.
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 Only a man who has consensual sexual intercourse with the wife of another man without his
consent can be punished under this offense in India. If someone “lives in adultery”, the partner
can file for divorce.
 The law became defunct on 27 Sep 2018 by Supreme Court of India.
 The Supreme Court called the law unconstitutional because it “treats a husband as the master.”
Section 497 reads as follows:
Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has
reason to believe to be the wife of another man, without the consent or connivance of that man,
such sexual intercourse not amounting to the offense of rape, is guilty of the offense of adultery,
and shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
 A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, in four separate but
concurring opinions held that adultery is not a crime and struck it off the Indian Penal Code.
 Chief Justice Misra, in an opinion for himself and Justice A.M. Khanwilkar, observed that
Section 497 (adultery) of the Code “commands” married couples to remain loyal to each other.
A matter of choice
 Two individuals may part if one cheats, but to attach criminality to infidelity is going too far, the
Chief Justice observed.
 Besides, there is no data to back claims that abolition of adultery as a crime would result in
“chaos in sexual morality” or an increase of divorce.
 How married couples deal with adultery is absolutely a matter of privacy at its pinnacle, the Chief
Justice wrote.
 Loss of moral commitment in a marriage creates a dent in the relationship, but it is left to each
individual to deal with the problem — some may forgive while others may seek divorce.
 Punishing each other or the wife’s lover is unlikely to re-kindle commitment, the judgment said.
 Section 497 treats a married woman as the commodity of her husband, the Bench held. Adultery
is not a crime if the cuckolded husband connives or consents to his wife’s extra-marital affair.
 Section 497 treats a married woman as her husband’s chattel. The provision is a reflection of the
social dominance of men prevalent 150 years ago, the judgment said.
 Justice D.Y. Chandrachud held that a married woman can make her own sexual choices. By
marrying, she has not consented to refrain from relations outside marriage without the permission
of her husband.
 A husband is not the owner of his wife’s sexuality, he said. To be human involves the ability to
fulfil sexual desires in the pursuit of happiness, he observed.
36. Should the convicts in the Rajiv

Gandhi case be released?
This is an analysis-based article which presents different perspectives to the reader on whether or not the
convicts in the Rajiv Gandhi case should be released or not.
UPSC aspirants would benefit from these points as they can use much of this content to present answers
on the topic in case it is asked in the UPSC Mains Examination, be it as a part of the General Studies- II
paper or the Essay paper.
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Larger Background:
 The assassination of Rajiv Gandhi, former Prime Minister of India, occurred as a result of a
suicide bombing in Sriperumbudur, near Chennai, in Tamil Nadu, India on 21st May, 1991.
Analysis- I:
The points mentioned here, agree with the argument that the convicts should be released.
 This view asserts that any further delay in ordering the release of the seven convicts in the Rajiv
Gandhi assassination case will run the risk of the state falling foul of Article 14 of the
Constitution which says that it “shall not deny to any person equality before the law or the equal
protection of the laws”.
 It is important to note that many prisoners who have been convicted of similar crimes have had
their sentences pardoned under Article 161.
 Further, it is important to note that the legal history of these prisoners has endured twists and
turns. The mercy petitions of these prisoners were kept undecided for 11 years, between 2000 and
2011, by the highest constitutional offices.
 In August 2011, the Tamil Nadu Legislative Assembly adopted a resolution recommending
commutation of their death sentences.
 In the Union of India v. V. Sriharan (2015) case, the Supreme Court of India eventually
commuted the death sentences to rigorous imprisonment for the remainder of their lives.
 This action taken by the Supreme Court of India provided a glimmer of hope for further
commutation of sentences under Section 435 of the Code of Criminal Procedure (CrPC).
 It is crucial to note that the division of powers places “public order” under Entry 1 of List II
(which is the State List) of the Seventh Schedule of the Constitution of India.
 As a consequence to this, the matter must lie within the exclusive remit of the State government.
 It is important to also note that the commutation of sentence vide V. Sriharan v. Union of India
(2014) automatically brings the Tamil Nadu Prison Rules into play.
 Rule 341 of the Tamil Nadu Prison Rules states that the Advisory Board of the prison shall deem
life imprisonment to be “imprisonment for twenty years” for consideration for premature release
or parole. As a consequence to this, it naturally follows that these prisoners in question must be
dealt with under the Rules in the same manner as would any other prisoner serving a sentence in a
prison in Tamil Nadu. Any divergence from this principle would be ultra vires on the ground of
arbitrariness.
The idea of Reformative Justice:
 It is based on the humanistic principle that even if an offender commits a crime, he does not cease
to be a human being.
 Under this theory, the object of punishment should be the reform of the criminal.
 He may have committed a crime under circumstances which might never occur again. Therefore
an effort should be made to reform him.
 The object of punishment should be to bring about the moral reform of the offender.
 It is important to note that in India, the prisons, for all their faults, must ultimately stay loyal to
the theory of reformative justice.
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 It is believed that the focus of our prison system should be in bringing about reform in the moral
character of each prisoner and enabling him to restart his life outside the jail complex after
serving his sentence.
In conclusion, prisoners who have served the prescribed sentence of 20 years in Tamil Nadu must be
considered for reintegration into our society.
Analysis- II:
The points mentioned here, doesn’t take a stand on whether or not the convicts must be released;
however, these points highlight the fact that certain difficult questions of law and policy are involved,
which may have to be resolved first
 In the Gopal Vinayak Godse v. the State of Maharashtra (1961) case, the Supreme Court ruled
that a sentence of imprisonment for life means imprisonment for the rest of one’s natural life.
 Thus, it is a misconception that upon the completion of 14 years of imprisonment, a life sentence
has been served.
 Having said this, there is always the power of executive remission.
 Under this power, the appropriate government reduces part of the sentence for the convict’s good
behaviour. Remission is also necessary; otherwise overcrowded prisons will overflow with old
and ailing prisoners who have no hope of release.
Certain Specifics:
 In the Rajiv Gandhi assassination case, the question is, would it be appropriate or not to remit the
rest of the sentence?
 This case involves not only the assassination of a former Prime Minister, but also the deaths of
several others in the incident, including policemen and bystanders.
 Although the family of Rajiv Gandhi may have no objection, but the families of the other victims
need to express their preferences.
 This is because, mercy cannot be extended only because a prominent victim’s family desires it.
 It is important to note that, it was the intervention of the Gandhi family, among other things,
which saw the death sentences being commuted to imprisonment of life.
 Crucially, since many of those who are currently imprisoned were imprisoned when they were
barely in their 20s, they still have a long life ahead of them. Thus the question is, should they be
spending their remaining years in prison?
 Having said this, there are a few factors to be considered. These are:
1. The perpetrator and the principal conspirator are dead, and that those who were imprisoned were
mere pawns, some of whom may not have known the entirety of the enterprise.
Thus, when these circumstances are taken into account, to routinely deny the benefit of remission may not
always be appropriate.
1. b) Another factor to be considered is the social impact of a remission order, in case it is passed in
this case.
The question that it raises is that if people can be freed even after being convicted for the murder of a
former Prime Minister in a terror incident, there are bound to be questions which could be asked on
whether or not India is a soft state on matters of terrorism.
Analysis- III:
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This view subscribes to the opinion that the prisoners should not be released. Crucially, it observes that
Pardon is not meant to be exercised without justifiable grounds.
 It is important to note that Pardon is not a right.
 Pardon is an act of discretion exercised in specific circumstances where an individual deserving
of clemency is examined in the context of his family background.
 Further, it is important to note that these convicts are political convicts.
To compound matters, the Supreme Court has cautioned against their release.
 Given the fact that there was a large political conspiracy involved in the assassination of Rajiv
Gandhi, there does not appear to be any justification for exercising the extraordinary powers of
pardon in their case.
 Taking the present instance into account, the death sentence was commuted to life imprisonment,
which can be interpreted as itself being an act of clemency.
Concluding Remarks:
 In conclusion, it is important to note that Security has become a key issue not only locally but
globally.
 Further, it is not only our right but our duty as a part of the nation and the world to deal
effectively with any attack or infringement or breach of security.
 Lastly, there exists a twofold objective to anti-terrorist measures.
These are: a) To deter future activity and b) To prevent terrorist activities.
Finally, the reason anti-terrorist laws are made, and are to some extent different from regular laws, is that
they address acts that destabilise the country.
37. First human case of rat virus found

 A man has developed the world’s first ever human case of the rat version of the hepatitis E virus.
 There had previously been no evidence the disease could jump from rats to humans, to cause
clinical infection.
 The disease was found in a 56-year-old man who persistently produced abnormal liver function
tests following a liver transplant.
 He could have contracted the illness through food infected by rat droppings.
 Rat hepatitis E virus is very distantly related to human hepatitis E virus variants.
 It has a major public health significance.
Hepatitis E
 Hepatitis E is a liver disease caused by infection with a virus known as hepatitis E virus (HEV).
 Every year, there are an estimated 20 million HEV infections worldwide, leading to an estimated
3.3 million symptomatic cases of hepatitis E.
 WHO estimates that hepatitis E caused approximately 44 000 deaths in 2015 (accounting for
3.3% of the mortality due to viral hepatitis).
 The virus is transmitted via the faecal-oral route, principally via contaminated water.
 Hepatitis E is found worldwide, but the prevalence is highest in East and South Asia.
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 Two different patterns are observed, where hepatitis E is found in: resource-poor areas with
frequent water contamination; and areas with safe drinking water supplies.
 A vaccine to prevent hepatitis E virus infection has been developed and is licensed in China, but
is not yet available elsewhere.
 Prevention is the most effective approach against the disease. At the population level,
transmission of HEV and hepatitis E disease can be reduced by:
1. maintaining quality standards for public water supplies;
2. establishing proper disposal systems for human feces.
 On an individual level, infection risk can be reduced by:
1. maintaining hygienic practices such as hand-washing with safe water, particularly before
handling food;
2. avoiding consumption of water and/or ice of unknown purity; and
3. adhering to WHO safe food practices.
38. Freedom to pray

The News:
 Recently, the Supreme Court’s ruled, in a 4:1 majority, that the exclusionary practice of women
in the 10-50 age group from the Sabarimala temple in Kerala, violates the rights of women
devotees.
 The apex court was assessing the constitutionality of the Sabarimala custom of excluding women
in their ‘menstruating years’. The custom was allowed by Rule 3(b) of the Kerala Hindu Places of
Public Worship Act, 1965.
Analysis:
 It is believed that this verdict of the Supreme Court establishes the legal principle that individual
freedom prevails over purported group rights, even in matters of religion.
 It is important to note that the state of Kerala had supported the entry of women into the temple,
arguing that the “custom” of excluding women violated their rights.
 However, on the other hand, the Travancore Devaswom Board had supported the custom of not
allowing women into the temple, saying that temples across the country do not allow women who
are menstruating. The Ayyappa Seva Sangham had argued that the court has to find a way to
uphold this custom so that other “similar customs” are not disturbed.
A look at the majority view:
 The majority held that devotees of Lord Ayyappa do not constitute a separate religious
denomination and that the prohibition on women is not an essential part of Hindu religion.
A look at the dissenting view:
 Justice Indu Malhotra was the lone dissenting voice.
 Justice Indu Malhotra chose not to review the religious practice on the touchstone of gender
equality or individual freedom.
 Her view that the court “cannot impose its morality or rationality with respect to the form of
worship of a deity” accorded greater importance to the idea of religious freedom as being mainly
the preserve of an institution rather than an individual’s right.
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 She asserted that issues of deep religious sentiments should not be ordinarily be interfered by the
court.
 Further, she went on to add that the court should not interfere unless if there is any aggrieved
person from that section or religion. What constitutes essential religious practice is for the
religious community to decide, not for the court.
Concluding Remarks:
 In conclusion, the Court has attempted to grapple with the stigmatisation of women devotees that
is largely based on a medieval view of menstruation as symbolising impurity and pollution.
 To Chief Justice Dipak Misra, any rule based on segregation of women pertaining to biological
characteristics is indefensible and unconstitutional.
 Further, devotion cannot be subjected to the stereotypes of gender.
 Justice D.Y. Chandrachud asserted that stigma built around traditional notions of impurity has no
place in the constitutional order, and exclusion based on the notion of impurity is a form of
untouchability.
 CJI Misra also went on to add that the devotees of Ayyappa do not constitute a separate religious
denomination.
 Justice Rohinton F. Nariman said the fundamental rights claimed by worshippers based on
‘custom and usage’ must yield to the fundamental right of women to practise religion. The
decision reaffirms the Constitution’s transformative character and derives strength from the
centrality it accords to fundamental rights.
Sabarimala temple opens to women of all ages

Context: Condemning the prohibition as hegemonic patriarchy, the Supreme Court has lifted the
centuries-old practice of prohibiting women to enter the Lord Ayyappa temple at Sabarimala in Kerala.
What’s the issue?
The legend has it that the temple deity Ayyappa followed celibacy all through his life. Therefore, women
devotees of menstruating age are considered “impure” by supporters of the ban and are prohibited from
entering the temple, on the pretext that they would disturb the celibacy of the deity.
Views of the court:
 On one side we pray to goddesses; on the other, women of a certain age are considered
‘impure’. This dualistic approach is nothing but patriarchy practised in religion.
 Exclusion on grounds of biological and physiological features like menstruation was therefore
unconstitutional as it is violative of the right to equality and dignity of women.
 Hence, Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act of
1965, which mandates the prohibition in Sabarimala temple, ultra vires the Constitution. The
Rule violated the fundamental right of a Hindu woman to offer worship at a place of her choice.
Right to worship is equally available to men and women.
Dissenting views:
 Justice Indu Malhotra, the lone woman judge on the Constitution Bench, dissented from the
majority opinion. She held that the determination of what constituted an essential practice in a
religion should not be decided by judges on the basis of their personal viewpoints.
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 She held that essentiality of a religious practice or custom had to be decided within the religion. It
was a matter of personal faith. Constitutional morality in a pluralistic society gave freedom to
practice even irrational or illogical customs and usages.
 Harmonization of fundamental rights with religion included providing freedom for diverse sects
to practise their customs and beliefs. Therefore, the Judge held that there were strong, plausible
reasons to show that Ayyappa devotees had attributes of a religious denomination.
 They have distinct names, properties. Besides, the Sabarimala temple was not funded out of the
Consolidated Fund.
Significance of the verdict:
 The Supreme Court’s ruling establishes the legal principle that individual freedom prevails over
purported group rights, even in matters of religion. Devotees of Lord Ayyappa do not constitute a
separate religious denomination and that the prohibition on women is not an essential part of
Hindu religion.
 Beyond the legality of the practice, the court has also sought to grapple with the stigmatisation of
women devotees based on a medieval view of menstruation as symbolising impurity and
pollution.
 The decision reaffirms the Constitution’s transformative character and derives strength from the
centrality it accords to fundamental rights.
Way ahead:
Devotion cannot be subjected to the stereotypes of gender. Stigma built around traditional notions of
impurity has no place in the constitutional order, and exclusion based on the notion of impurity is a form
of untouchability.
Any rule based on segregation of women pertaining to biological characteristics is indefensible and
unconstitutional.
39. Black Spotted Turtles/ Geoclemys

Hamiltonii
Context
 A recent report by TRAFFIC says India accounts for 29% of black spotted turtles (Geoclemys
hamiltonii) seized from across seven countries in South Asia
Details
 IUCN: Vulnerable
 Countries occurrence: Bangladesh; India; Nepal; Pakistan
o In India, the species is distributed across the north, northeast and a few parts of central
India in States such as West Bengal, Assam, Bihar, Haryana, Uttar Pradesh and
Uttarakhand, and parts of Madhya Pradesh, Punjab, Rajasthan and Meghalaya.
 The medium-sized freshwater turtle has a black shell with yellow streaks.
Stats
 The highest number of seizures occurred in India, accounting for a total of 3,001 (29.33%)
specimens.
 Of the 53 seizures across these seven countries, 38% (or 20) seizures were from India.
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 India is followed by Southeast Asian countries such as Thailand (1,995 specimens or 19%) and
Hong Kong (1,775 specimens or 17%), followed by Bangladesh (1,197 specimens or 12%).
 The remaining specimens were seized from China, Pakistan and Singapore.
Smuggling hotspots
 Tamil Nadu and Maharashtra fall completely out of the distribution range of the species, it proves
that these States are used as trade routes. Seizure data indicates that black spotted turtles are
transported to Chennai by car or train, and subsequently smuggled to other parts of the region.
 Chennai has been identified as a major transit hub for illegal international trade in the Indian star
tortoise, another species smuggled in large numbers.
 The report describes the India-Bangladesh border, part of the species’ natural range, as another
hotspot for trade in the black soft-shelled turtle.
Concerns
 The species was once smuggled for its meat and is now sought after as an exotic pet.
 Of the 55 suspects arrested for smuggling black spotted turtles, the number of known convictions
was only 20, showing lacunae in the preparation of cases, and in procedural lapses in prosecution.
Recommendation
 increasing public awareness
 Better law enforcement and cooperation among international authorities.
40. Petrol and Diesel Pricing

This article talks about the issue of petrol and diesel pricing in India. This is a topic that is grabbing
headlines in India right now with the issue becoming a political affair as well. In this article, we discuss
the pricing of fuel such as petrol and diesel, impact of the rise and fall of their prices and the way
forward as far as this issue is concerned.
Indian situation
 India is the 3rd largest oil consumer in the world
 India imports more 80% of its requirement of crude and of that more than 60% of its needs from
OPEC
 Recently Iraq has become the largest exporter of Oil to India followed by Saudi Arabia, Iran and
Kuwait, Venezuela, Nigeria etc
 Oil and Iran
o India purchases 10% of its requirement from Iran
o It is also 3rd largest supplier to India
o It provides credit of 60 days
o Iran supplies 2.4 MN barrels per day of crude to the international market
 The value of import bill for oil increased by 76% in July from a year earlier to $10.2 bn, which
pushed up the trade deficit to more than $18 bn (the highest in five years). The increasing crude
oil prices will ensure that the CAD will reach 2.6% of GDP in this financial year from 1.5% a
year ago
 Pricing/Financials
Phone: +91-9041 66 7774, +91-9041 76 7774
o ATF prices were deregulated in 2002, Petrol prices were deregulated in 2010 and diesel
prices were deregulated in 2014. The present government has implemented the dynamic
pricing
o Under GST
 LPG
 Naptha
 Furnace Oil
 Light Diesel
o Out of the ambit of GST
 Crude oil
 High Speed Diesel
 Petrol (Motor Spirit)
 Natural Gas
 Aviation Turbine Fuel
o The government incurs subsidy costs as not all the fuel products are linked to market
rates. Components such as kerosene and LPG still are provided with subsidy. For this
financial year the govt has allocated ₹ 24932 Cr. the crashing rupee value will increase
the subsidy burden of the government.
Why the prices have increased/Causes
 Variation in supply
 Stronger dollar
 Import dependent
 Sanctions on Iran
Issues / Impact
 Will lead to higher CAD – the higher crude oil prices will make
o Imports costlier
o Indian exports will become costlier in international market thereby increasing the trade
deficit as well as CAD
o Dollar outflows will further lead to CAD
 Domestic inflation
 RBI may increase the interest rates
 Impact on the finances of the Government – the government subsidy bill will increase, the FD
will increase, the cost of borrowing will also increase
 Effect the households – the expenditure on fuel consumption will increase, food/vegetables in the
market will cost more, transportation expenditure will increase etc
 May affect industrial growth – the cost of inputs are going to increase and since these are
important raw materials, it will have a limiting impact on the growth
 Affect growth – CAD, FD increase will affect the growth prospects
Phone: +91-9041 66 7774, +91-9041 76 7774
 The higher inflation will push up the borrowing costs of the government
 Political Costs – the opposition parties have hammered the government targeting this issue. The
price of petrol in Delhi in 2014 was around ₹ 52 and today has crossed ₹ 72. On the face of it the
difference is too large but adjusted with inflation the differential will be marginal, but for the
price sensitive common man in India, this difference is too big a burden and represents failure on
the part of the government of the present day.
Criticism
 The government has increased the excise duties nine times since 2014
 The taxes on the petrol by the central govt has been increased by 126% presently the excise duty
imposed by the govt is ₹ 19.48
 The taxes on the Diesel by the central govt has been increased by 330%
 The govt collected excise worth ₹ 77000 Cr in 2013 and ₹ 2.4 lakh Cr in FY18
 The govt has been using this to provide recapitalisation package to banks, subsidize the air India
etc
Way out
 Increase the imports of shale oil
 Reduce the taxes – Assocham recently has stated that the reduction in taxes is the only way to
control the prices. Having said so, the taxes on petrol and diesel have been the golden goose for
the government (centre and state)
o Between Nov 2014 to Jan 2016 the government has increased the excise duty of petrol by
11.77 per litre, diesel-13.47 per litre. Between 2014 to 2017 the government’s excise
duties on petrol and diesel increased from 0.44% to 1.44% and FD reduced from 4.5% to
3.5%
o A ₹ 2 cut in taxes will lead to a shortfall of ₹ 13000 Cr revenues and increase the FD by
0.1% of GDP
o 45 to 55% by states and centre – if it is brought under the GST, there will be huge
shortfall
o The taxes collected has increased from 3.3 lakh Cr to 5.5 lakh Cr (between 2014 to 2018)
which has been used up (social expenditure has been over ₹ 10 lakh Cr in the last five
years)
o Who is in a better position to cut taxes – centre or states?
 The centre imposes duties based on per litre whereas the states impose ad
valorem tax which increases the earning of the states as the prices increases.
Hence the state government is in a better position to cut down the taxes rather
than centre. Having said so the states have argued against this as the introduction
of GST has already dealt a blow to the earnings of the states and the states have a
fiscal deficit issue to take care of
 Between 2004 to 2008 the same thing happened and the government in order to
provide cushion to the consumers (subsidy) issued oil bonds, this led to erratic
financials for the government
 Bring it under GST
o States made revenues of over ₹ 3 lakh Cr in the form of taxes on petrol and diesel
Phone: +91-9041 66 7774, +91-9041 76 7774
o If it is brought under GST, then the rate has to be much higher than 28% which is not
feasible
o GST on petrol and diesel (21 Jun 18)
 GST applicable will be 28% and above this states will be allowed to impose local
taxes
 If done then the central government will have to decide if it is ready to let go ₹
20000 Cr input tax credit which it pockets now
 No pure GST rather it will be a combination of GST and VAT
 Reduce the dependence
o India has proposed Oil Buyer’s club. This would be a grouping of India, China, Japan and
South Korea. The objective is to reduce the dependence on OPEC, have better bargains,
increase the imports of crude oil imports from USA etc
o It was put forward by Mani Shankar Ayyar in in 2005
 Create a stabilization fund or reserve account – Thailand, UK etc
Phone: +91-9041 66 7774, +91-9041 76 7774

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21-30 September 2018

1.Portals to strengthen Women Safety

2. National Database on Sexual Offenders (NDSO):

2. Aspirational Districts Program

About Aspirational Districts Programme:

Focus of the programme:

Significance of the scheme:

3.Atal Bimit Vyakti Kalyan Yojna

About Atal Bimit Vyakti Kalyan Yojna:

4.China-Pakistan Economic Corridor

But, why is India concerned?

6.National Sports Awards:

7.Sex offenders’ registry launched with 4.4

8.Is the NITI Aayog relevant today?

9.Multidimensional Poverty Index 2018

About Multidimensional Poverty Index (MPI):

State- wise data:

India’s relative performance:

10. Goa Congress moves to remove

11. Ban on adoption by live-in partners

12. Withdraw instant triple talaq

13. Do Mudra loans have credit risks?

14. The lowdown on cases before new CJI

15. Judicial Delays

16. What caused the floods in Kerala?

The four factors that led to the disaster:

17. Neelakurinji plants:

18. Sikkim’s first-ever airport

19. Citizen science initiative helps save

20. Governor’s discretion

21. Decriminalisation of politics

What did the court say?

What does the RPA say?

Efforts by SC in this regard:

Main reasons for Criminalization:

What is the way out?

Suggested measure to curb criminalization of politics:

22. Panel approves nutrition norms

23. Female circumcision issue goes to

24. SC to rule on barring accused in

25. India ranks 158th in ‘human capital’

26. Legislators can practise law, says SC

27. Enact ‘strong law’ to cleanse politics:

28. Maldives Presidential Election

Positive aspects of the Election with respect to India

29. Ease of Living index

30. Aadhaar gets thumbs up from

31. Boost to SC/ST quota in promotions

32. SC proceedings can be live-streamed

33. What is G4?

34. Hearings on Ayodhya title suit

35. Adultery and IPC

36. Should the convicts in the Rajiv

37. First human case of rat virus found

38. Freedom to pray

Sabarimala temple opens to women of all ages

39. Black Spotted Turtles/ Geoclemys

40. Petrol and Diesel Pricing

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