Indian Polity: November 2024 Current Affairs | Current Affairs & General Knowledge - CLAT PDF Download

Bulldozer Justice: SC Issues Guidelines to Curb Illegal Demolitions

Why in News?

The Supreme Court of India has issued guidelines aimed at regulating the demolition of properties belonging to individuals accused of crimes. This decision follows numerous instances where state authorities have reportedly used demolitions as a form of punishment, a practice termed "bulldozer justice" by the Chief Justice of India. The Court's ruling responds to petitions challenging the legality of these demolitions, particularly in states like Uttar Pradesh, Madhya Pradesh, Uttarakhand, and Rajasthan.

Key Takeaways

• The Supreme Court mandates a minimum notice period before any demolition.
• Demolitions are to be considered a last resort, following due process.
• The ruling aims to protect the right to shelter of the accused and their families.

Additional Details

• Demolition Guidelines: The Court requires a minimum of 15 days' notice to be given to property owners prior to demolition, along with a chance for a personal hearing.
• The final demolition order must document the owner's arguments and reasons for the demolition.
• Authorities must film the demolition process and compile a detailed report.
• Judicial Oversight: The Supreme Court emphasized that it is the judiciary's role to determine guilt, not the executive, to prevent arbitrary punishment through property demolitions.
• The Court's decision highlights the need for accountability among public officials to prevent misuse of their powers.
• Article 21 of the Constitution protects the right to shelter, asserting that demolitions impact not just the accused but their families as well.
• The ruling from the Supreme Court aims to safeguard individual rights and ensure that government actions remain within constitutional limits. However, challenges remain in implementing these guidelines effectively, particularly regarding restitution for those already affected by "bulldozer justice."

Mains Question

Q: What is Bulldozer Justice?

Inter-State Council

Why in News?

The Indian government has recently reconstituted the Inter-State Council (ISC) after two years, with the last reconstitution in 2022. This reconstitution appoints the Prime Minister (PM) as chairman and underscores a renewed commitment to Centre-State relations and cooperative federalism.

Key Takeaways

• The ISC was established to facilitate cooperation between the Centre and States.
• It was constituted under Article 263 of the Indian Constitution.
• The Prime Minister chairs the council, which includes Chief Ministers and Union Ministers.
• Despite its purpose, the ISC has been criticized for infrequent meetings and non-binding recommendations.

Additional Details

• Establishment: The ISC was created to enhance Centre-State and Inter-State cooperation, established under Article 263, which empowers the President of India to form such a council. The Sarkaria Commission in 1988 recommended its permanence, leading to its formal establishment in 1990.
• Functions: The ISC discusses subjects of common interest and makes recommendations for policy coordination, investigates issues affecting Centre-State relations, and aims for seamless governance.
• Composition: The council is chaired by the PM and includes Chief Ministers of all States, Chief Ministers of Union Territories with Legislative Assemblies, Administrators of Union Territories without Legislative Assemblies, and six Union Ministers nominated by the PM.
• Secretariat: The Inter-State Council Secretariat (ISCS) in New Delhi, established in 1991, is responsible for the council's secretarial functions.
• Challenges: The ISC faces challenges such as infrequent meetings, non-binding recommendations, and political dynamics that affect its functioning.
• Reforms Needed: Amendments to Article 263, regular meetings, clear agendas, and technology integration are recommended to enhance the ISC's effectiveness.
• To strengthen India’s federal framework, the Inter-State Council needs to evolve from a largely advisory role into a more empowered institution. Implementing reforms like enhancing its mandate and ensuring regular, outcome-driven meetings will be crucial in fostering cooperation and resolving Centre-State relations.

Mains Question

Q: Discuss the role and significance of the Inter-State Council in maintaining cooperative federalism in India. How effective has it been in addressing Centre-State issues?

World Immunisation Day 2024

Why in News?

World Immunisation Day was observed on 10th November to highlight the crucial role that vaccines play in preventing infectious diseases and enhancing public health. Immunisation involves making an individual resistant to an infectious disease by administering a vaccine that stimulates the immune system.

Key Takeaways

• World Immunization Day raises awareness about the importance of vaccines.
• Immunisation is key to preventing infectious diseases.
• India's immunization coverage has improved significantly over the years.

Additional Details

• Key Immunisation Programs in India:
  • Universal Immunization Programme (UIP): Initially launched as the Expanded Programme on Immunization in 1978, it was rebranded in 1985 to cover rural areas. It was incorporated into various health programs, ensuring access to vaccines for every child, even in remote regions.
  • Mission Indradhanush (MI): Launched in December 2014, this initiative aims for 90% full immunisation coverage, targeting areas with low rates.
  • U-WIN Portal: A digital platform for managing vaccine delivery and records, allowing for flexible scheduling and generating eVaccination Certificates.
• Public Health Milestones:
  • COVID-19 Vaccination: Over 220 crore doses administered between 16 January 2021 and 6 January 2023, with coverage of 97% of eligible citizens for at least one dose.
  • Polio Eradication: India was certified as polio-free in March 2014.
  • Maternal and Neonatal Tetanus Elimination: Achieved in April 2015, ahead of the global target.
  • Yaws-Free Status: First country recognized as yaws-free by WHO, a chronic bacterial infection affecting skin, bone, and cartilage.
  • Smallpox and Leprosy: Smallpox was eradicated in 1977, and leprosy was eliminated in 2005.
  • Kala-azar: India is nearing elimination of Kala-azar as a public health issue, needing to maintain certification criteria for one more year.

SC Mandates Prior Sanction to Prosecute Public Servants under PMLA

Why in News?

The Supreme Court's ruling on November 6, 2023, has introduced a significant requirement for the Enforcement Directorate (ED) to obtain prior government sanction before prosecuting public servants on charges of money laundering. This marks a pivotal moment in the enforcement of the Prevention of Money Laundering Act (PMLA).

Key Takeaways

• The Supreme Court ruling emphasizes the necessity of prior sanction for prosecuting public servants under the PMLA.
• Section 197 of the CrPC aligns with this requirement, reinforcing the need for governmental approval in cases involving official duties.
• Notable figures like Arvind Kejriwal and P. Chidambaram are leveraging this ruling in ongoing legal battles.

Additional Details

• Prevention of Money Laundering Act, 2002:Enacted to combat money laundering in India, the PMLA has three main objectives:
  • To prevent and control money laundering.
  • To confiscate property derived from illicit activities.
  • To address other issues related to money laundering.
• Prior Sanction Provision: According to Section 197 of the CrPC, courts cannot take cognizance of offenses committed by public servants in their official capacity without prior government approval, with exceptions for serious crimes.
• Impact on Current Cases: The ruling could affect ongoing trials against public servants, as prosecutions may be delayed pending government sanction.
• This ruling serves to protect public servants from unwarranted prosecutions while ensuring accountability for misconduct. It sets a crucial precedent for future cases involving the PMLA and public officials. 

Pradhan Mantri Matsya Kisan Samridhi Sah-Yojana

Why in News?

The Department of Fisheries recently convened a meeting to discuss the implementation of the Pradhan Mantri Matsya Kisan Samridhi Sah-Yojana (PM-MKSSY), which is a sub-scheme of the Pradhan Mantri Matsya Sampada Yojana (PMMSY).

Key Takeaways

• The PM-MKSSY was approved as a Central Sector Sub-scheme in February 2024.
• This scheme will be operational for four years, from FY 2023-24 to FY 2026-27.

Objectives of PM-MKSSY

• Formalization of Fisheries Sector: Create work-based digital identities via the National Fisheries Digital Platform (NFDP) to enhance service delivery.
• Access to Finance: Improve fish farmers' and small enterprises' access to institutional finance.
• Empowerment: Provide financial resources that empower fish farmers with sustainable funding options.
• Insurance Adoption: Encourage insurance for aquaculture, minimizing risks and improving traceability in supply chains.

What is Pradhan Mantri Matsya Sampada Yojana (PMMSY)?

The Department of Fisheries is implementing the Pradhan Mantri Matsya Sampada Yojana to promote a Blue Revolution, which focuses on the sustainable and responsible development of India's fisheries sector.

This scheme aims for comprehensive growth while ensuring the welfare of fishers, and it is being executed across all States and Union Territories for five years, from FY 2020-21 to FY 2024-25.

Objective of PMMSY

• Address gaps in fish production, productivity, quality, and post-harvest infrastructure.
• Modernize the value chain to enhance the socio-economic welfare of fishers.

Targets of PMMSY

• Fish Production and Productivity:
  • Increase fish production to 22 million metric tons by 2024-25 from 13.75 million metric tons in 2018-19.
  • Enhance aquaculture productivity to 5 tons per hectare from the current average of 3 tons.
  • Augment domestic fish consumption from 5 kg to 12 kg per capita.
• Economic Value Addition:
  • Increase fisheries sector contribution to Agriculture Gross Value Added (GVA) to 9% by 2024-25 from 7.28% in 2018-19.
  • Double export earnings to Rs.1,00,000 crores by 2024-25 from Rs.46,589 crores in 2018-19.
  • Encourage private investment and entrepreneurship growth in the fisheries sector.
  • Reduce post-harvest losses from 20-25% to about 10%.
• Income and Employment Generation:
  • Generate 55 lakh direct and indirect employment opportunities along the value chain.
  • Double the incomes of fishers and fish farmers.

Limit on Private Property Acquisition

Why in News?

Recently, the Supreme Court in the Property Owners Association v State of Maharashtra Case 2024 set limits on the government’s power to take over privately owned resources for public distribution. The petitioners argued that private properties cannot be taken over by the state under the guise of constitutional schemes outlined in Articles 39(b) and 31C of the Constitution.

Key Takeaways

• The Supreme Court established that not all private properties qualify for state acquisition; only those that are scarce or vital to community well-being may be considered.
• The court emphasized the public trust doctrine, which mandates that the state holds certain resources in trust for the public.
• Two key tests for resource qualification were introduced: a resource must be both material and serve the community.
• The ruling overturned the previous interpretation from the Ranganath Reddy case (1977) which allowed broader state acquisition of private properties.
• Justice Sudhanshu Dhulia dissented, advocating for broader legislative discretion in defining community resources.
• The court warned against a wide interpretation of Article 39(b) that could undermine property rights as protected under Article 300A.

Additional Details

• Article 300A: States that no person shall be deprived of property save by authority of law.
• The Supreme Court outlined five methods for converting private resources into community material resources, including nationalisation and acquisition.
• Significance of the Judgment: The ruling preserves the potential for state intervention while asserting that indiscriminate acquisition of private resources is impermissible.
• The judgment aligns with the vision of economic democracy, ensuring constitutional flexibility in economic structures.
• The decision emphasizes the need for a legislative framework that reflects evolving societal needs in welfare policies.
• The Supreme Court's verdict in the Property Owners Association v. State of Maharashtra (2024) sets important precedents regarding the state's power to acquire private property, emphasizing the need for public purpose, fair compensation, and individual rights while considering the common good.

PM Vishwakarma Scheme

Why in News?

The PM Vishwakarma scheme, launched in 2023, has successfully registered over two million applications. This scheme aims to support artisans and craftspeople across India in enhancing their skills and market reach.

Key Takeaways

• The scheme is implemented by the Ministry of Micro, Small, and Medium Enterprises.
• It provides market linkage support, skill training, and incentives for digital transactions.
• Over five years, the scheme aims to cover 30 lakh families, starting with five lakh families in the first year.

Additional Details

• Objective: The scheme seeks to strengthen the Guru-Shishya parampara and improve the quality and reach of artisan products.
• Eligibility: Available to rural and urban artisans across India, covering 18 traditional crafts like Boat Making and Blacksmithing.
• Key Benefits:
  • Enhanced access to tooling facilities for MSMEs, improving productivity.
  • Training programs aimed at creating industry-ready manpower.
  • Support for process and product development initiatives.
  • Consultancy and job work services tailored to industry needs.

SC Upholds UP Madarsa Act 2004

Why in News?

Recently, the Supreme Court partially upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004, which overturned the Allahabad High Court ruling from March 2024 that declared the Act unconstitutional. However, the Supreme Court found that the provisions concerning higher education (Kamil and Fazil) conflict with the University Grants Commission Act (UGC Act) of 1956, as governed by Entry 66 of List 1.

Key Takeaways

• The Supreme Court affirmed that the Madrasa Act regulates educational standards in line with the state's obligation to ensure competency among students.
• The Court distinguished between religious education (permissible) and religious instruction (prohibited in state-recognized institutions).
• The ruling underscores the state's ability to make rules ensuring that madrasas provide secular education without violating the principle of secularism.

Additional Details

• Constitutional Validity: The Madrasa Act, 2004 is deemed to align with the state's responsibilities under the Constitution, promoting educational standards.
• Legislative Competence: The Supreme Court confirmed that the Act falls under the legislative competence of the State Legislature, particularly under Entry 25 of List 3 (Concurrent List).
• Minority Rights: The ruling strengthens the rights of religious minorities to establish educational institutions, as articulated in Article 30 of the Indian Constitution.
• Integration: The Court's directive aims to ensure madrasa students have access to quality education, fostering inclusivity within the state's broader educational framework.

The Supreme Court's decision to uphold the Uttar Pradesh Madrasa Education Board Act, 2004, emphasizes the balance between religious education and secular educational standards. It reaffirms the state's authority to regulate education while protecting minority rights, and may set a precedent for the regulation of religious education across the nation, promoting both inclusivity and quality in education.

Mains Question

Q: Examine the implications of the Supreme Court's ruling on the Uttar Pradesh Madrasa Education Board Act, 2004, particularly in relation to minority rights and the state's responsibility to provide secular education.

Member of Parliament Local Area Development Scheme

Why in News?

The Member of Parliament Local Area Development Scheme (MPLADS) continues to be a contentious issue in India. Supporters argue that it empowers MPs to directly address local needs, while critics contend that it undermines constitutional principles, particularly the separation of powers. Recent discussions have also raised concerns over incomplete projects and the demand for increased funding, intensifying the debate regarding the oversight and accountability of the MPLADS.

Key Takeaways

• MPLADS is a Central Sector Scheme initiated in 1993 to enable MPs to recommend developmental work in their constituencies.
• Each MP is allocated Rs 5 crore annually, with specific mandates for funding allocations to Scheduled Castes (SCs) and Scheduled Tribes (STs).
• There are ongoing arguments regarding the scheme's effectiveness, accountability, and potential need for reform or abolition.

Additional Details

• MPLADS Overview: This scheme focuses on creating durable community assets based on local needs. It is managed by a state-level nodal department, while district authorities handle project approvals and fund allocation.
• Funding Allocation: Each MP receives Rs 5 crore per year, disbursed in two instalments of Rs 2.5 crore. Unused funds can be carried forward to subsequent years.
• Special Provisions: MPs can allocate funds outside their constituencies for national unity projects and in response to severe natural calamities, with certain limits on the amounts.
• Criticisms of MPLADS: The scheme has been criticized for violating constitutional principles by allowing legislators to perform executive functions, leading to concerns about accountability and the misuse of funds.
• Administrative Reforms Commission (ARC) in 2005 suggested abolishing MPLADS due to its potential to infringe upon local government rights.
• Supportive Views: Proponents argue that MPLADS facilitates localized development and enables MPs to respond swiftly to community needs.
• Some MPs advocate for increased funding, claiming the current allocation is insufficient compared to what state legislators receive.

States Formation Day

Why in News?

Recently, the Prime Minister extended his best wishes to the states of Chhattisgarh, Madhya Pradesh, Haryana, Karnataka, and Kerala on their foundation day, which falls on November 1. He emphasized the significant contributions of each state to the nation across various sectors, including cultural heritage, development, preservation, and natural resources.

Key Takeaways

• The Prime Minister acknowledged the foundation day of multiple states on November 1.
• Each state contributes uniquely to India's cultural and natural resources.

Additional Details

• Formation Years: The states were established at different times, with notable formations occurring in 1956 and 1966.
• States and Their Origins:
  • Karnataka: Formed in 1956 from parts of various states, including Madhya Bharat and Bombay State, and primarily consists of Kannada-speaking regions.
  • Kerala: Established in 1956 through the merger of Travancore-Cochin with Malabar and the Kasaragod taluk of South Canara.
  • Punjab: Formed in 1966, it was carved out from the state of Haryana.
  • Madhya Pradesh: In 2000, it included 16 districts that predominantly speak Chhattisgarhi, previously part of Madhya Pradesh.
  • This recognition highlights the importance of each state's unique contributions to India's growth and development, fostering a sense of pride and unity among the citizens.

Comparative Analysis of Indian and US Presidents

Why in News?

The United States is preparing for its next presidential election scheduled for November 5, 2024, through the Electoral College. This upcoming election has highlighted the similarities and differences in the powers and roles of the Presidents of the US and India.

Key Takeaways

• The US presidential election will occur in 2024, focusing on the Electoral College.
• Comparison of electoral systems reveals key differences in the election processes of the US and India.

Additional Details

• Electoral College System in the US: This system is used to formally elect the president and vice president. Citizens vote for a group of electors selected by political parties in each state, who then cast their votes in a process known as the Electoral College.
• Emergence: The Electoral College was established as a compromise in the US Constitution, balancing direct popular vote and congressional selection to check executive power.
• Composition: The Electoral College consists of 538 electors, and a candidate requires a majority of 270 electoral votes to win.
• Impact: It's possible for a candidate to win the popular vote but lose the presidency, as seen in the elections of 2000 and 2016.

Differences between Indian and US Presidential Elections

• Electoral College Composition: In India, the President is elected by an electoral college made up of elected Members of Parliament (MPs) and elected Members of Legislative Assemblies (MLAs) from states and union territories.
• Nomination Process: Candidates must submit a nomination with 50 proposers and 50 seconders from the electoral college members.
• Voting Process: Indian voters rank candidates in order of preference rather than voting for a single party candidate.
• Vote Value Calculation: MPs have a fixed vote value of 700, while an MLA's vote value is based on the population of the state divided by the number of MLAs, further divided by 1000.
• Winning Quota: A candidate must secure more than 50% of the total votes to win, differing from a simple majority in general elections.

Similarities in Functioning

• Head of State: Both serve as the ceremonial head of state, representing their nations at official functions.
• Election Process: Both Presidents are elected to serve in their roles, though the methods differ (indirect in India and direct in the US).
• Veto Power: Both have the authority to veto legislation passed by their respective legislative bodies.
• Emergency Powers: Both can declare a state of emergency, although the scope and nature of these powers vary.
• Ceremonial Duties: Both perform various ceremonial functions, including the inauguration of new laws and hosting foreign dignitaries.

Mains Question

Q: Discuss the differences in the electoral systems of the U.S. and India for presidential elections.

Appointment of Chief Justice of India

Appointment of CJI

• The senior-most Supreme Court judge, deemed suitable for the role, is traditionally appointed as the Chief Justice of India (CJI) on the recommendation of the outgoing CJI.
• This convention was breached in 1964, 1973, and 1977.
• The process involves the Union Minister of Law, Justice, and Company Affairs seeking the outgoing CJI's recommendation, which is forwarded to the Prime Minister. The PM then advises the President, who formalizes the appointment.
• As per Article 124(2) of the Constitution, every Supreme Court judge is appointed by the President and serves until the age of 65 years.

Key Role of CJI

• First Among Equals: The Supreme Court, in State of Rajasthan v Prakash Chand (1997), clarified that while the CJI leads the judiciary, they do not possess superior judicial authority over other Supreme Court judges.
• Master of the Roster: The CJI holds the exclusive authority to constitute Benches, including Constitution Benches, for hearing cases.
• Head of Collegium: The CJI chairs the Collegium, responsible for judicial appointments and transfers in the higher judiciary.
• Appointment of Officers and Servants of SC: As per Article 146, the CJI or an authorized judge/officer is responsible for appointing the court’s officers and servants.

About Collegium

• The Collegium system is used for recommending judicial appointments to the Supreme Court (SC) and High Courts (HC).
• Judges are appointed by the President under Article 124 (for SC) and Article 217 (for HC) of the Constitution.
• Collegium for Appointment in SC: Composed of the CJI and the four senior-most SC judges.
• Collegium for Appointment in HC: The High Court Collegium includes the Chief Justice of the HC and two senior judges of that HC. At the Supreme Court level, the Collegium for HC appointments includes the CJI and two senior-most SC judges.