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

PAC to Review Regulatory Bodies Performance

Why in news?

The Public Accounts Committee (PAC) is set to conduct a performance review of various regulatory bodies, notably the Securities and Exchange Board of India (SEBI). This review aims to assess their effectiveness and accountability in overseeing financial transactions and regulations.

Subjects of Performance Review

• The PAC is tasked with auditing both the revenue and expenditure of the government.
• It has selected 160 subjects for discussion during its term, focusing on regulatory bodies like SEBI and TRAI.
• The audit will also examine ‘fees, tariffs, and user charges’ imposed on public infrastructure, including airports.

About Public Accounts Committee (PAC)

• The PAC is one of three key Financial Parliamentary committees, alongside the Estimates Committee and the Committee on Public Undertakings.
• Established in 1921 as part of the Montagu-Chelmsford Reforms, it is one of the oldest parliamentary committees.
• Constituted annually under Rule 308 of the Rules of Procedure and Conduct of Business in Lok Sabha.
• The first chairperson was W M Hailey, and the first Indian chairperson was Bhupendra Nath Mitra.
• Since 1967, the chairperson is selected from the opposition by the Speaker of the Lok Sabha.

Members

• The PAC comprises 22 members of parliament: 15 from Lok Sabha and 7 from Rajya Sabha.
• Ministers are not eligible to be elected as members of the PAC.

Term of Office

• The term for members of the PAC is one year.

Uniqueness

• The PAC is often referred to as the “mother of all Parliamentary Committees” due to its crucial role in ensuring accountability of the executive regarding public funds.
• It was the first parliamentary committee created to hold the government accountable.
• The PAC’s authority extends further than any Department-related Parliamentary Standing Committee, enabling it to summon any individual for investigations.
• Recommendations made by the PAC are binding on the government, unlike those of other committees which may include dissenting opinions.
• Reports from the PAC must be adopted by consensus, promoting impartiality.

Functions of Public Accounts Committee

• Examining Government Expenditures: The PAC reviews how government funds allocated by Parliament are utilized.
• Scrutinizing Financial Transactions: The PAC investigates the government's financial activities, comparing actual spending with sanctioned budgets.
• Reviewing CAG Reports: The PAC assesses reports from the Comptroller and Auditor General of India (CAG) regarding financial management by the government.
• Identifying Financial Mismanagement: The PAC seeks out instances of financial mismanagement and brings them to public attention.
• Recommend Corrective Measures: The PAC suggests methods to rectify irregularities and enhance financial accountability.
• Report to Parliament: The PAC is responsible for presenting its findings and recommendations to Parliament.
• Conduct Public Opinions: The PAC engages in public consultations to boost transparency and hold the government accountable for its financial practices.

About Regulatory Body

• Regulatory bodies are government entities that supervise various economic and social sectors to ensure compliance with laws and standards.
• Examples include the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), and Telecom Regulatory Authority of India (TRAI).
• Main Functions:
  • Regulations and Guides
  • Review and Assessment
  • Licensing
  • Inspection
  • Corrective Actions
  • Enforcement

PM-SHRI Scheme

Why in news?

Following Punjab, the Delhi government has opted to enter into a Memorandum of Understanding (MoU) with the central government to implement the Pradhan Mantri Schools for Rising India (PM-SHRI) scheme. The Education Ministry had previously halted funding under the Samagra Shiksha Abhiyan (SSA) for Delhi, Punjab, and West Bengal due to their hesitation to participate in the PM-SHRI scheme.

What is the PM-SHRI Scheme?

• About: The PM SHRI Scheme is a centrally sponsored program initiated in 2022 by the Government of India, aimed at establishing over 14,500 PM SHRI Schools to enhance existing educational institutions and demonstrate the implementation of the National Education Policy (NEP) 2020.
• Objective: The main goal is to create an inclusive and supportive environment that promotes the safety and well-being of every student, providing diverse learning experiences and access to quality infrastructure and resources.
• Funding: The funding model is a 60:40 split between the Central and State Governments, as well as Union Territories (UTs) with legislatures, excluding Jammu and Kashmir. For North Eastern and Himalayan states, the distribution is 90:10, while for Union Territories without legislatures, it is fully funded by the central government. States must confirm participation by signing an agreement with the Education Ministry.
• Duration of Scheme: This scheme is set to operate from the academic years 2022-23 to 2026-27, after which it will be the responsibility of states and UTs to maintain the benchmarks established by these schools.

Key Features of PM SHRI Schools:

• Focus on holistic development of students, emphasizing skills like communication, collaboration, and critical thinking.
• Teaching methods will be experiential, inquiry-driven, and centered on the learner.
• Schools will be equipped with modern facilities such as labs, libraries, and art rooms, and will promote eco-friendly initiatives like water conservation and waste recycling.
• Best-in-class amenities will include Smart Classrooms, Computer Labs, Integrated Science Labs, Vocational Labs/Skill Labs, and Atal Tinkering Labs.
• Prioritization of learning outcomes through competency-based assessments that relate knowledge to real-life applications.

Schools Eligible to become PM SHRI School:

• Schools managed by Central/State/UT Governments and local bodies.
• All Kendriya Vidyalayas and Navodaya Vidyalayas that are non-project and operate from permanent buildings.

Monitoring Framework of Schools:

• The School Quality Assessment Framework (SQAF) will oversee performance through regular evaluations to uphold high standards.
• SQAF consists of a set of standards and best practices designed to achieve individual and institutional excellence.

Selection of Schools:

• Selection is conducted through a Challenge Mode, following a three-stage process:
  • Stage-1: Involves signing the MoU with the Centre.
  • Stage-2: Identifies eligible schools using UDISE (Unified District Information System for Education) data.
  • Stage-3: Employs a challenge method where eligible schools compete to meet specific criteria.
• States/UTs/KVS/JNV verify claims and recommend schools, with the final selection made by an Expert Committee headed by the Secretary.

“Effective Consultation” in Judicial Appointments

Why in News?

The Supreme Court has instructed the Himachal Pradesh High Court collegium to re-evaluate the nominations of two judicial officials for promotion to the bench. This decision comes after concerns were raised about the lack of effective consultation within the collegium during the promotion process.

• In Himachal Pradesh, two senior judges from lower courts were allegedly promoted to the high court without a proper consultative process involving the high court collegium. The Supreme Court emphasized that the appointment of judges should not be the prerogative of any single individual but rather a collaborative decision made by all members of the collegium. The court also underscored the necessity for transparency in judicial appointments to maintain public trust.

Collegium System

• The collegium system is the framework through which judges are appointed to the High Courts and the Supreme Court in India.
• This system was established by the Supreme Court in the landmark "Second Judges Case" of 1993 and later reinforced in the "Third Judges Case" of 1998.
• It was created to ensure that the judiciary has a significant role in the appointment and transfer of its members, thereby protecting judicial independence from political interference.

How the Collegium System Works?

• The High Court Collegium consists of the Chief Justice of the High Court and the two most senior judges of that court.
• This collegium recommends new judges or transfers within the high court.
• The Supreme Court Collegium is made up of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
• This body reviews and finalizes the recommendations sent by the High Court collegiums.
• While the government has the power to delay appointments, it cannot outright reject the recommendations made by the collegium.
• The ultimate authority over judicial appointments lies with the judiciary, with the President formally appointing judges based on collegium recommendations.

The Recent Supreme Court Ruling

• The Supreme Court examined the procedures followed by the Himachal Pradesh High Court collegium regarding judicial appointments and directed a reconsideration of the original recommendations.
• The Court stressed that decisions about appointments should arise from collective discussions among all collegium members.
• It highlighted the importance of seniority in judicial appointments, advocating that senior judges should receive precedence for higher positions.
• The emphasis on effective consultation aims to ensure that no single person wields undue influence over the appointment process, promoting fairness and transparency.
• This ruling reflects the judiciary's commitment to maintaining integrity and transparency in judicial appointments.

PM Surya Ghar Muft Bijli Yojana

Why in news?

The government has issued operational guidelines for the implementation of incentives to DISCOMs under the PM-Surya Ghar-Muft Bijli Yojana.

Overview:

• The PM-Surya Ghar Muft Bijli Yojana is a government initiative launched on February 15, 2024.
• This scheme aims to provide free electricity to households across India.
• Participants will receive a subsidy to install solar panels on their roofs.
• The subsidy will cover up to 40% of the total installation cost of the solar panels.
• It is projected that 1 crore households will benefit from this scheme.
• The implementation of this initiative is expected to save the government approximately Rs. 75,000 crore annually in electricity expenses.
• The total financial outlay for the scheme is Rs 75,021 crore, with plans for execution until FY 2026-27.

Eligibility:

• The household must be headed by an Indian citizen.
• Applicants must own a house with a roof suitable for solar panel installation.
• A valid electricity connection is required for eligibility.
• Applicants should not have received any other subsidies for solar panels.

Implementation Framework:

• State Implementation Agencies (SIAs) will designate DISCOMs to facilitate the scheme.
• DISCOMs will manage various tasks, including the availability of net meters and conducting timely inspections of solar installations.
• Incentives will be provided to DISCOMs based on their performance in increasing grid-connected rooftop solar capacity beyond a baseline level.
• The total financial allocation for the 'Incentives to DISCOMs' component is Rs 4,950 crore.

Energy Property ACT 1968

Why in news?

Recently, a parcel of land in Uttar Pradesh, previously owned by the family of an ex-Pakistani President, is scheduled to be auctioned under the Enemy Property Act, 1968. This event underscores ongoing discussions regarding the management and disposal of enemy properties in India.

What is the Enemy Property Act?

• Enactment: The Enemy Property Act was established in 1968 in the aftermath of the India-Pakistan war of 1965. Its purpose is to regulate properties owned by individuals classified as "enemy aliens" or "enemy subjects."
• Enemy Property Definition: This term refers to assets that were left behind by individuals or entities who migrated to enemy countries (specifically Pakistan and China) following conflicts like the 1965 and 1971 India-Pakistan wars and the 1962 Sino-Indian War. Initially, these properties were appropriated under the Defence of India Rules of 1962, enacted under the Defence of India Act of 1962, and were placed under the management of the Custodian of Enemy Property for India (CEPI), a department within the Ministry of Home Affairs.
• 1966 Tashkent Declaration: This declaration between India and Pakistan included discussions regarding the return of enemy properties. However, Pakistan disposed of these properties in 1971. India continues to manage these properties under the Enemy Property Act of 1968.
• Government Authority: The Act grants the government the authority to take custody and manage these properties to ensure they are not used against national interests.

Amendment:

• The Enemy Property (Amendment and Validation) Bill, 2016, was passed by Parliament in 2017, amending the original 1968 Act and the 1971 Public Premises (Eviction of Unauthorised Occupants) Act.
• This amendment expanded the definitions of "enemy subject" and "enemy firm" to encompass an enemy’s legal heirs and successors, whether they are Indian citizens or citizens of non-enemy countries. It also includes the succeeding firm of an enemy firm, irrespective of the nationality of its members or partners.
• The 2017 amendment clarified that enemy property remains under government control even if the status of the original enemy changes.

Key Legal Precedents

• Union of India vs. Raja Mohammad Amir Mohammad Khan Case, 2005: This case involved the Raja of Mahmudabad, who owned properties in Uttar Pradesh. After the Partition, he moved to Pakistan in 1957 and acquired Pakistani citizenship, resulting in his estate being declared enemy property. His wife and son remained in India as Indian citizens, and when the Raja passed away, his son claimed the properties, contesting their classification as enemy property. The Supreme Court of India ruled that since the son was an Indian citizen, he had the right to reclaim his father's properties, as they could not be considered enemy property given that the rightful heir was an Indian citizen.
• Impact: This Supreme Court ruling led to a surge of claims from relatives of those who migrated to Pakistan. In response, the government issued ordinances to prevent courts from reinstating enemy properties, culminating in the enactment of The Enemy Property (Amendment and Validation) Act in 2017.
• Lucknow Nagar Nigam & Others V. Kohli Brothers Colour Lab. Pvt. Ltd. & Others Case, 2024: In this ruling, the Supreme Court determined that the vesting of enemy property in the Custodian is a temporary measure. The Union of India cannot assert ownership, as there is no transfer of ownership from the original owner to the Custodian, and thus no ownership rights are transferred to the government.

SC Calls for Uniform Demolition Guidelines

Why in News?

The Supreme Court (SC) of India has declared its plan to create nationwide guidelines aimed at regulating property demolitions. This decision reflects growing concerns over the application of what is termed "bulldozer justice," where demolitions are executed without proper legal processes. The SC's initiative underscores the essential need for a standardized due process to prevent arbitrary and potentially unjust demolitions.

Why is the Supreme Court Addressing Property Demolitions?

• Context of the Move: The SC's action arises from increasing instances where property demolitions serve as a punitive measure. Local governments have increasingly utilized bulldozers to demolish properties belonging to individuals accused of crimes, often disregarding established legal procedures.
• Supreme Court’s Response: The SC has highlighted that demolishing properties based solely on accusations or convictions contravenes principles of due process and natural justice. This practice has raised significant concerns regarding its legality and fairness. The SC criticized demolitions conducted without appropriate legal processes, asserting that even a conviction does not warrant demolition without adherence to legal norms. They stressed the necessity for guidelines to ensure that demolitions are executed fairly and uniformly across all states, particularly in cases of unauthorized constructions.

How will the Guidelines Affect Demolition Practices?

• Pan-India Guidelines: The SC intends to formulate comprehensive guidelines that will apply across the country to ensure demolitions are performed in accordance with legal standards. These guidelines will address various elements, including notice periods, opportunities for legal responses, and documentation requirements.
• Addressing Arbitrary Actions: The proposed guidelines aim to prevent arbitrary demolitions that may be driven by extrajudicial motives. By standardizing the procedures, the SC seeks to mitigate the misuse of demolition practices.
• Impact on Legal Framework: The SC’s proposed guidelines could act as a vital safeguard against the trend of "bulldozer justice." They are expected to establish a consistent legal framework for property demolitions, ensuring compliance with due process.

What are the Concerns Regarding Demolition Drives?

• Constitutional Considerations:
  • Article 300A: This article of the Indian Constitution states that no individual can be deprived of their property except by law, emphasizing that property can only be taken following due process.
  • Article 21: This article ensures that no person can be deprived of life or personal liberty unless through a procedure established by law. Immediate demolitions without due process infringe upon the right to a dignified life and personal liberty.
  • Article 14: This article guarantees equality before the law, allowing challenges against demolitions that disproportionately affect specific communities, such as slum dwellers, on the grounds of discrimination.
  • Article 19: This article protects freedom of speech and expression; punitive demolitions targeting dissenters infringe upon these rights.
  • Rule of Law: A core principle of the Constitution, which mandates that state actions must adhere to established legal procedures and respect individual rights. The misuse of legal instruments for suppression undermines the rule of law.
• International Obligations:
  • Geneva Convention: Article 87(3) prohibits collective punishments, which is relevant in the context of demolitions. Such actions violate Article 51(3) of the Indian Constitution, which mandates respect for international treaties.
  • Collective Punishment: The Indian Constitution does not sanction collective punishment, thus demolishing the homes of family members of an accused does not align with the rule of law.
  • Irreversible Damage: The emotional and financial impact of home demolitions is substantial, often affecting innocent family members who have no connection to the alleged crimes.
  • Targeting Marginalized Communities: This practice predominantly affects minority and marginalized communities, reinforcing social inequalities. Victims of such demolitions frequently lack resettlement options or compensation, worsening their plight.
  • Erosion of Trust: The arbitrary nature of these actions diminishes public confidence in political and legal institutions by sidestepping established legal processes.

What are the Other Judicial Pronouncements Related to Property Demolitions?

• Maneka Gandhi vs. Union of India Case (1978): The SC ruled that the phrase in Article 21 is "procedure established by law," meaning that procedures must be free of arbitrariness and irrationality, thus condemning demolitions based on mere suspicion.
• Olga Tellis vs. Bombay Municipal Corporation Case (1985): The SC affirmed that the right to life under Article 21 includes the right to livelihood and shelter, and demolitions without due process violate these rights.
• K.T. Plantation (P) Ltd. v. State of Karnataka Case (2011): The SC stated that laws permitting property deprivation under Article 300-A must be just, fair, and reasonable.

What are the Guidelines for Demolitions Under Local Laws?

Way Forward

• Reinforce the Rule of Law: All state actions must strictly comply with legal frameworks. Arbitrary demolitions driven by political motives undermine the legal system and individual rights. Justice requires adherence to fair trials and established legal norms.
• Strengthening Judicial Oversight: Establish specialized tribunals or courts dedicated to resolving disputes related to property demolitions. These tribunals should be empowered to review government actions and provide necessary remedies.
• Review of Existing Laws: A thorough assessment of current laws and regulations regarding property rights and demolitions is necessary to identify inconsistencies and ambiguities. National guidelines must ensure proper notice, hearings, and appeals.
• Alternative Dispute Resolution: Encourage the use of mediation and arbitration to resolve property disputes and demolition issues.
• Rehabilitation: Create comprehensive rehabilitation plans for those affected by demolitions, including alternative housing, support for livelihoods, and mental health services.

Grading Report Highlights ITIs' Performance

Why in news?

The recent grading report for Industrial Training Institutes (ITIs) released by the Ministry of Skill Development and Entrepreneurship (MSDE) has shown notable enhancements in their performance, signifying a positive shift in vocational education. This development aligns with the Union Budget 2024-2025, which aims to train two million youths over the next five years and modernize 1,000 ITIs in a hub-and-spoke framework.

What are the Key Highlights of the Latest ITI Grading?

• Grading Methodology: The grading system employs a scale from 0 to 10, assessed through eight criteria, which include admission rates, examination results, computer-based assessments, and average marks achieved.
• Improved Grading Scores: In 2024, 18.9% of the 15,000 ITIs evaluated scored over 8, a rise from 12.4% in 2023, indicating improved overall performance. Notably, 142 ITIs achieved grades of 9 and above for the 2024-25 academic year.
• Top States in ITI Grading: Uttar Pradesh led the list of top ITIs, followed closely by Odisha, Haryana, Andhra Pradesh, and Telangana. The Government ITI for Girls in Andhra Pradesh and the Government Industrial Training Institute in Odisha topped the rankings with a score of 9.6 for the 2024-25 academic year.

What are the Industrial Training Institutes?

• About: ITIs serve as vocational education and training centers in India, aimed at equipping students with practical skills for employment.
• They operate under the supervision and funding of state governments or union territories, with the Directorate General of Training (DGT) under the MSDE overseeing national policies and coordination.
• The DGT establishes policies, norms, and standards for vocational training, ensuring quality and uniformity across ITIs.
• Objectives: The primary goals include developing skilled manpower for various industries and enhancing youth employability through hands-on training. Additionally, there is an emphasis on fostering self-employment by equipping students to launch their own businesses.
• Initiatives to Promote ITIs:
  • Craftsmen Training Scheme (CTS): This scheme provides training across 150 trades, including specialized courses for individuals with disabilities, available in both government and private ITIs.
  • Apprenticeship Training Scheme (ATS): It focuses on providing on-the-job training that enhances practical skills while aligning with industry demands.
  • Craft Instructor Training Scheme (CITS): This initiative trains instructors in effective teaching techniques and practical skills.
  • Advanced Vocational Training Scheme (AVTS): It offers advanced courses aimed at upgrading the skills of existing workers.
  • Model ITI Scheme: This program aimed to upgrade 35 selected government ITIs into Model ITIs, providing financial support up to Rs. 10 crore per ITI for modernization and infrastructure improvements. This scheme concluded on March 31, 2024.
  • Enhancing Skill Development Infrastructure Scheme: This initiative allocated funds for upgrading 22 ITIs, providing infrastructure support for 28, and establishing 34 new ITIs in the North Eastern states.
  • Skills Strengthening for Industrial Value Enhancement (STRIVE): This program focuses on improving the skill sets to meet industrial needs effectively.

23rd Law Commission Set Up

Why in news?

The 23rd Law Commission is set to operate from September 1, 2024, to August 31, 2027. This commission will include a full-time chairperson, four full-time members, the Secretaries of Legal Affairs and Legislative departments serving as ex-officio members, and up to five part-time members.

About Law Commission

• The Law Commission of India is a non-statutory entity created by the Ministry of Law and Justice.
• Its main objective is to conduct legal research and make recommendations to the government.
• The recommendations provided by the commission are advisory and not legally binding on the government.
• The commission reviews existing laws, proposes new legislation, and identifies outdated laws that should be repealed.
• A new commission is formed by the Union government through a resolution after the previous one concludes its term.
• The selection of the chairperson and members is the responsibility of the Union government.
• The Commission may also undertake suo moto studies on specific subjects based on their relevance and significance.

Evolution of the Law Commission

• The first Law Commission was established in 1834 by the British government in India, chaired by Lord Macaulay.
• The initial Law Commission of independent India was set up in 1955 and was chaired by M.C. Setalvad, who was the former Attorney General of India.
• Justice Rituraj Awasthi was appointed as the chairman of the 22nd Law Commission in 2022, which will continue its operations until August 31, 2024.

MoE Defines Literacy under NILP

Why in news?

Recently, the Ministry of Education (MoE) has defined 'literacy,' outlining what it means to achieve 'full literacy' as part of its renewed focus on adult literacy under the New India Literacy Programme (NILP).

What is the New India Literacy Programme (NILP)?

• About: The NILP is a centrally sponsored initiative that aligns with the National Education Policy (NEP) 2020. It is also referred to as ULLAS (Understanding of Lifelong Learning for All in Society) Nav Bharat Saksharta Karyakram, previously known as Adult Education.
• Vision: The scheme aims to make India 'Jan Jan Saakshar' and is rooted in the spirit of 'Kartavya Bodh' (Duty), implemented through volunteerism.
• Objective: The objective is to educate 1 crore non-literate individuals aged 15 years and above annually through the Online Teaching, Learning and Assessment System (OTLAS).
• OTLAS: OTLAS is a computer application created by the National Informatics Centre (NIC) that is accessible via a web portal/mobile app.
• Implementation Timeline: Launched for a duration of 5 years from FYs 2022-23 to 2026-27, with a financial outlay of Rs.1037.90 crore.
• UN Sustainable Development Goals: It aims to achieve UNSDG Goal 4.6, ensuring all youth and adults attain literacy and numeracy by 2030.

Key Components of the Scheme:

• Foundational Literacy and Numeracy Assessment Test (FLNAT)
• Critical Life Skills
• Vocational Skills Development
• Basic Education
• Continuing Education

Beneficiary Identification:

• Beneficiaries are identified through door-to-door surveys using a mobile app, and non-literates can also self-register through the app.

Other Key Aspects:

• The scheme relies significantly on volunteerism for teaching and learning, with volunteers able to sign up via the mobile app.
• Primarily implemented through online platforms, it leverages technology for educational delivery.
• Educational materials are available on the DIKSHA platform of NCERT, accessible through mobile apps.
• Various media, including TV, Radio, and Samajik Chetna Kendra, are used to disseminate foundational literacy and numeracy skills.

What is the Definition of Literacy under NILP?

• Definition of Literacy: According to the MoE, literacy includes the ability to read, write, and perform arithmetic with comprehension, which also covers identifying, understanding, interpreting, and creating content, as well as acquiring critical life skills like digital and financial literacy.
• Full Literacy: A State or Union Territory (UT) is deemed fully literate when it achieves a 95% literacy rate.
• Criteria for Literacy Certification: Under NILP, a non-literate individual is considered literate if they pass the FLNAT.
• Foundational Literacy and Numeracy Assessment Test (FLNAT): This test assesses reading, writing, and numeracy skills to evaluate foundational literacy, conducted in all districts of participating States/UTs at District Institutes of Education and Training (DIETs) and government/aided schools. It aims to certify non-literate learners and promote multilingualism by offering the test in regional languages, in line with NEP 2020.
• An individual is declared literate upon successfully completing the FLNAT. In 2023, of the 39,94,563 adult learners who took the FLNAT, 36,17,303 were certified as literate. However, in 2024, only 85.27% were certified as literate in FLNAT.

What are the Challenges Related to Literacy in India?

• Low Literacy Level: The 2011 Census indicated there were 25.76 crore non-literate individuals in India aged 15 and above (9.08 crore males and 16.68 crore females). Despite progress through the Saakshar Bharat Programme (2009-10 to 2017-18), which certified 7.64 crore people as literate, an estimated 18.12 crore adults remain non-literate, emphasizing the need for the NILP.
• Lower Budget Allocation: The budget for the NILP was reduced from Rs 157 crore in 2023-24 to Rs 100 crore in the revised budget estimate, highlighting financial constraints.
• Gender Disparity: A significant gender gap exists in literacy rates, with women often having less access to education. Traditional gender roles, cultural norms, and economic factors contribute to this disparity, where girls are frequently expected to prioritize household chores over education, resulting in lower enrollment and higher dropout rates.
• Quality of Education: The quality of education in many Indian schools, particularly in rural areas, is often inadequate. Insufficient teacher training, outdated curricula, and a lack of teaching materials hinder learning outcomes, leading to a situation where even students who complete primary and secondary education often lack basic literacy and numeracy skills.
• High Dropout Rates: India experiences high dropout rates, especially in rural areas and among economically disadvantaged groups. Economic pressures compel many children to leave school prematurely to contribute to family income, a trend particularly noticeable among girls who may also drop out due to early marriage, domestic responsibilities, or safety concerns regarding school accessibility.
• Economic Constraints: Poverty poses a significant barrier to literacy in India. Many families cannot afford schooling, leading them to prioritize work over education. Even when children are enrolled, costs for uniforms, books, and transportation can be prohibitive, which also affects education quality as underfunded schools struggle to provide adequate resources.

Way Forward

• Community-Centric Partnerships: Collaborate with local communities, NGOs, and Self-Help Groups (SHGs) to effectively identify and engage marginalized populations.
• Flexible Learning Models: Implement diverse learning formats such as evening classes, weekend workshops, and online courses to accommodate varying schedules and preferences, thus enhancing accessibility.
• Leveraging Technology: Integrate digital literacy into the curriculum, utilize adaptive learning platforms for personalized instruction, and develop mobile learning applications to increase reach and effectiveness.
• Incentivisation and Peer Tutoring: Encourage peer-to-peer learning to enhance engagement and provide support, while offering incentives like skill certificates and vocational training opportunities to motivate learners.
• Integrating Life Skills Training: Incorporate financial literacy, health and wellness education, and vocational training into the curriculum to equip learners with essential life skills for improved employability and decision-making.
• Strengthening Partnerships: Establish strong collaborations between government agencies, private sector organizations, and international entities to utilize resources, share expertise, and implement best practices.
• Monitoring and Evaluation: Implement a robust monitoring and evaluation framework that focuses on regular assessment and data-driven decision-making to ensure continuous improvement in program effectiveness.

Open Prisons in India

Why in News?

The Supreme Court (SC) of India has recently directed several states and Union Territories (UTs) to provide comprehensive details regarding the functioning of open prisons within their jurisdictions. This directive comes in the wake of ongoing concerns about prison congestion, a matter that has drawn the Court's attention.

Why is the Supreme Court Focused on Open Prisons?

• Prison Overcrowding: The SC views open prisons as a potential solution to the chronic issue of overcrowding in traditional prisons. This concept aims to reduce the psychological stress that convicts experience when reintegrating into society after incarceration. By relocating some prisoners to open-air facilities, the overall population in high-security, closed prisons can be reduced, thereby alleviating the pressure on conventional jails that often face severe overcrowding.
• SC’s Role in Ensuring Compliance: By emphasizing the need for comprehensive information on the functioning of open prisons, the Supreme Court aims to ensure that states and UTs are actively implementing this model as part of their correctional systems. The Court’s focus also reflects its broader mandate to oversee the protection of prisoners' rights and promote more effective prison management.

What are Open Prisons?

• About: Semi-open or open prisons are correctional facilities designed without traditional high walls, barbed wire, and armed guards. Instead, they rely on inmate self-discipline and community engagement. Unlike traditional closed jails, open jails are based on the reformative theory of justice, focusing on rehabilitating inmates rather than solely punishing them. This approach emphasizes transforming prisoners into law-abiding citizens through self-discipline and community integration.
• Historical Context: The first open prison in India was established in 1905 in the Bombay Presidency, initially utilizing prisoners as unpaid labor for public works. Over time, this concept evolved, emphasizing reformation over deterrence. The first open prison annexe was set up in Lucknow in 1949, leading to a full-fledged facility in 1953, where inmates contributed to building the Chandraprabha dam. Following independence, Constitutional Court rulings addressing inhumane prison conditions prompted a shift in prison management, emphasizing reform and rehabilitation.

Features:

• Inmates have the freedom to leave the prison during designated hours and are expected to support themselves and their families through work.
• The Rajasthan Open Air Camp Rules, 1972 defines open prisons as "prisons without walls, bars, and locks." Inmates must return before the second roll call after leaving the prison.

Types of Open Prisons:

• Semi-Open Training Institutions: These are attached to closed prisons and have moderate security.
• Open Training Institutions/Work Camps: These focus on public works and vocational training.
• Open Colonies: These allow family members to live with inmates and provide opportunities for employment and self-sufficiency.

Eligibility:

• Each state law defines the eligibility criteria for inmates in open prisons. The main requirement is that an inmate must be a convict with good conduct in prison and must have spent at least five years in a controlled jail, as per the rules followed by Rajasthan's open prisons.
• In West Bengal, a committee of jail and police officials selects prisoners with a good conduct record for transfer to open jails.

Legal Framework:

• Prisons and prisoners are mentioned in Entry No. 4 of List II (State List) of the Schedule of the Constitution of India, making them a State subject.
• Prisons in India are governed by the Prisons Act, 1894, and Prisoners Act, 1900, and each state follows its own prison rules and manuals.

International Perspective:

• Open prisons have been part of global correctional systems for centuries. Early examples include Switzerland’s Witzwill (1891) and the UK’s New Hall Camp (1936).
• The UN General Assembly’s Nelson Mandela Rules 2015 advocate for open prison systems to aid rehabilitation, emphasizing prisoner rights to employment and outside contact.

Recommendations:

• The Supreme Court, in the Rama Murthy v. State of Karnataka case (1996), endorsed the expansion of open jails.
• Various committees, including the All India Prison Reforms Committee in 1980, have recommended establishing open prisons across states.
• The National Human Rights Commission (NHRC) has advocated for the need for open prisons and how they could mitigate prison overcrowding in its annual reports from 1994-95 and 2000-01.

What are the Pros and Cons of Open Prisons?

Surety Shouldn't Dictate Bail: SC

Why in News?

Recently, the Supreme Court of India (SC) addressed the complexities of bail in a case where an accused, granted bail in 13 criminal cases, faced difficulties in securing sufficient sureties. The court recognised the challenges in securing sureties, often relying on close relatives or friends. The court emphasised balancing the accused's fundamental rights under Article 21 with ensuring his presence in court. Article 21 protects the right to life and personal liberty, applicable to both citizens and non-citizens.

What is Bail, Parole and Furlough?

Bail is the conditional release of an individual held under legal custody, with the promise to appear in court as required. It involves a security or collateral deposited before the court for release. In the case of Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry (1973), the Calcutta High Court elaborated on the principle behind granting bail.

Types of Bail:

• Regular Bail: This is a direction from the court to release a person already under arrest and in police custody. An application can be filed under Section 437 and 439 of the CrPC (now Bharatiya Nagarik Suraksha Sanhita (BNSS)).
• Interim Bail: This type of bail is granted for a temporary period by the court until the application for Anticipatory Bail or Regular Bail is decided.
• Anticipatory Bail or Pre-arrest Bail: This provision allows a person to apply for bail before being arrested and is granted under Section 438 of the CrPC (now BNSS). It is issued solely by the Sessions Court and High Court.

Parole:

• Parole refers to the conditional release of a prisoner with a suspension of their sentence. The release is often contingent on good behavior and requires periodic reporting to authorities.
• Parole is not an entitlement; it is granted for specific reasons, like a family death or a relative's wedding. Even when a prisoner presents a strong case, parole can be denied if the authority believes that release would not benefit society.

Furlough:

• Furlough applies to prisoners serving long-term sentences and is treated as a remission of their sentence.
• Unlike parole, furlough is considered a right for prisoners, granted periodically without needing any specific justification. It helps maintain family and social connections and counteracts the adverse effects of prolonged imprisonment.
• Both parole and furlough are viewed as reformative measures, introduced to humanise the prison system, and are governed by the Prisons Act of 1894.

75 Years of Supreme Court

Why in news?

Recently, the President unveiled a new flag and insignia for the Supreme Court of India, commemorating its establishment on January 26, 1950, marking 75 years of its existence. The flag prominently features the Ashoka Chakra, the Supreme Court building, and the Constitution of India. Additionally, the Prime Minister released a commemorative postage stamp celebrating this milestone.

What are the Key Highlights of the Supreme Court’s 75 Years Journey?

• Role of Judiciary in Strengthening Democracy:
  • The judiciary has been vital in upholding democracy and liberal values since independence.
  • It acts as a guardian of rights for the marginalized and serves as a counter-majoritarian institution.
• Evolution of Supreme Court (SC):
  • The SC's journey can be divided into four distinct phases.

First Phase (1950-1967)

• Characterized by adherence to constitutional text and judicial restraint.
• Focus on Judicial Review:
  • Initially, the judiciary maintained a conservative stance, interpreting the Constitution as it was written.
  • Judicial review was exercised to check legislative actions without exceeding its limits.
• Avoidance of Ideological Influence:
  • The judiciary kept itself free from government ideologies such as socialism.
  • In the Kameshwar Singh case (1952), it deemed the abolition of zamindari illegal but did not invalidate constitutional amendments.
• Respect for Legislative Supremacy:
  • In the Champakam Dorairajan case (1951), the SC rejected reservations in educational institutions as a violation of the right to equality while respecting legislative authority.

Second Phase (1967-1976)

• Marked by judicial activism and a confrontational stance with Parliament.
• Expansion of Fundamental Rights:
  • The Golak Nath judgment (1967) expanded the interpretation of fundamental rights, limiting Parliament's legislative power.
• Landmark Rulings on Constitutional Amendments:
  • The Keshavananda Bharati case (1973) introduced the 'basic structure' doctrine, restricting Parliament's power to amend the Constitution.
• Impact of the Emergency on Judicial Independence:
  • The national emergency and the supersession of judges led to judicial surrender, exemplified by the ADM Jabalpur vs. Shivkant Shukla case which upheld the suspension of the right to life under Article 21.

Third Phase (1978-2014)

• Characterized by judicial activism and the rise of Public Interest Litigation (PIL).
• Course Correction Post-Emergency:
  • The judiciary sought to restore its independence, notably through the Maneka Gandhi case, which broadened the interpretation of the right to life and personal liberty.
• Rise of Public Interest Litigation (PIL):
  • The judiciary allowed individuals to file petitions on behalf of marginalized groups, as seen in the Hussainara Khatoon case (1979), thus expanding access to justice.
• Collegium System:
  • The introduction of the collegium system aimed to preserve judicial autonomy in appointing judges, which was later challenged by the National Judicial Appointments Commission Act (2014).

Fourth Phase (2014-Present)

• Focused on a liberal interpretation of the Constitution, viewing it as a living document.
• Liberal Interpretation:
  • Upheld the revocation of Article 370, facilitating the full integration of Jammu & Kashmir into India.
• Sustaining Judicial Activism:
  • Despite criticisms, the judiciary has asserted its role in protecting constitutional rights, such as invalidating the opaque electoral bonds scheme.
  • In 2018, Section 497 IPC, which criminalized adultery, was struck down for violating Articles 14.

What are the Key Challenges Facing the Supreme Court of India?

• Volume of Pending Cases:
  • As of the end of 2023, the Supreme Court had 80,439 pending cases, leading to significant delays in justice delivery.
• Dominance of Special Leave Petitions (SLPs):
  • SLPs now dominate the Supreme Court's docket, overshadowing other important case types.
• Selective Prioritization of Cases:
  • A "pick and choose" approach allows certain cases to be prioritized, leading to perceptions of bias.
• Judicial Evasion:
  • Backlogs can lead to judicial evasion, with significant cases being delayed, such as challenges to the Aadhaar scheme.
• Conflict of Interest and Integrity:
  • Allegations of corruption, such as the resignation of Justice Abhijit Gangopadhyay, raise concerns about integrity and public trust.
• Concerns of Appointment of Judges:
  • The collegium system's effectiveness has been debated, with calls for reforms to enhance transparency.

Way Forward

• All India Judicial Recruitment:
  • Advocate for a national standard in judicial recruitment to ensure consistency and quality across states.
• Case Management Reforms:
  • Implement advanced case management techniques, including the e-Courts Project to digitize operations and manage backlogs.
• Promote Alternate Dispute Resolution (ADR):
  • Encourage ADR mechanisms for cases not requiring Supreme Court intervention, as per the Arbitration and Conciliation Act, 1996.
• Transparent Case Listing:
  • Develop a protocol for transparent case listing and prioritization to enhance public trust.
• Clarify Institutional Goals:
  • Define clear institutional goals and adapt frameworks for judicial performance evaluation.
• Strengthen Accountability Mechanisms:
  • Implement stricter accountability measures for judges, such as an Independent Judicial Accountability Commission.

Inquiry Wing of Lokpal

Why in News?

Lokpal of India has established an inquiry wing under Section 11 of Lokpal and Lokayukta act 2013, to discharge its statutory functions.

About Inquiry Wing of Lokpal  

• Purpose: To carry out an initial investigation into any wrongdoing claimed against a public servant that can be punished under the Prevention of Corruption Act, 1988.
• Timeline: The inquiry report must be submitted to the Lokpal within 60 days.
• Composition: The inquiry will be led by the Director of Inquiry, who is appointed by the chairperson of the Lokpal.
• The Director will have the support of 3 Superintendents of Police (SPs):
  • SP (General)
  • SP (Economic and Banking)
  • SP (Cyber)
• Each SP will also have the help of inquiry officers and additional staff.
• The inquiry team will have all the powers of a civil court as outlined in the Code of Civil Procedure, 1908.

About Lokpal 

• An anti-corruption ombudsman was created by the Lokpal & Lokayuktas Act, 2013 to look into and take action against corruption cases involving public servants.
• The ombudsman is made up of a chairperson and 8 members, with half of them being judicial members, who are appointed by the President.
• Justice Pinaki Chandra Ghosh was the first Lokpal, appointed in 2019. The current Lokpal is Justice AM Khanwilkar.
• The ombudsman has the authority to oversee and guide any central investigation agency, including the CBI, for cases that are referred to them by the Lokpal.

Issues with Lokpal 

• Vacancies: The Lokpal has not yet set up a prosecution team that is led by a Director of Prosecution.
• Limitation: A time limit of 7 years is established by the law for filing complaints, which may stop victims or whistleblowers from reporting issues after the initial wrongdoing has taken place.
• Ineffectiveness: The Lokpal has closed 68% of corruption complaints against public officials without taking any action.

 5 Years of Pradhan Mantri Kisan Maandhan Yojana

Why in News?

It is a Central Sector Scheme, launched by Ministry of Agriculture & Farmers Welfare in 2019 to provide old age protection and social security to all land-holding Small and Marginal Farmers (SMFs). As of August 6, 2024, total of 23.38 lakh farmers have joined the scheme.

Key Features of PM-KMY

• Minimum Assured Pension: Rs. 3,000 per month after reaching the age of 60.
• Eligibility: Any Small and Marginal Farmer (SMF) aged between 18 and 40 years, who has cultivable land of up to 2 hectares according to the land records of the relevant State/UT.
• Fund Manager: Life Insurance Corporation.
• Voluntary and Contributory Pension Scheme: Farmers can contribute monthly to the Pension Fund, with amounts ranging from Rs. 55 to 200, depending on their age when they join the scheme.
• Matching Contribution: The Central Government will also contribute to the pension fund.
• Family Pension: If the subscriber passes away, the spouse is entitled to receive 50% of the pension that the subscriber was receiving.
• Provisions for Disability: If a subscriber becomes disabled before reaching age 60, their spouse can continue in the scheme.
• Ineligibility for Pradhan Mantri Kisan Maan-Dhan Yojana:
  • Small and Marginal Farmers (SMF) who are covered by any other official social security schemes like the National Pension System (NPS).
  • All institutional landholders.
  • Former and current holders of constitutional positions.
  • Former and current legislators or ministers at the Central or State Government levels.
  • Individuals who paid income tax in the last assessment year.
  • Former and current mayors of municipal corporations or chairpersons of district panchayats.
  • Farmers who have opted for the Pradhan Mantri Shram Yogi Maandhan Yojana and those in the Pradhan Mantri Vyapari Maandhan scheme.

Problems faced by SMF

•  There is a lack of awareness about the various insurance schemes. 
•  It is difficult for people to adopt mechanization in their work. 
•  Many insurance schemes do not provide enough coverage for individuals. 
•  There are issues with non-payment or delayed settlement of insurance claims. 
•  Overall, it remains difficult to embrace mechanization in various sectors.

Himachal Pradesh’s Bill to Raise Women’s Minimum Marriage Age to 21

Why in News?

Prohibition of Child Marriage (Himachal Pradesh Amendment Bill 2024) proposes to amend The Prohibition of Child Marriage Act, 2006 and related acts in the State.Earlier, in June 2024, a Central bill ‘Prohibition of Child Marriage (Amendment) Bill, 2021’ lapsed in Lok Sabha which aimed to bring uniformity in the age of marriage for men and women.2021 Bill was based on recommendations of Jaya Jaitley Committee

Benefits of Raising age of Marriage for Women 

• Secure Constitutional mandate of Gender Equality: The legal age for men to marry is set at 21 years.
• Reproductive Health: There is an improvement in both physical and mental health, leading to a lower maternal mortality rate and a decrease in teenage pregnancies.
• Women Empowerment: There are better opportunities in education and employment for women. 
•  This initiative supports the achievement of SDG5 (Gender Equality) and SDG10 (Reduced Inequalities).

Concerns 

• Illegal Marriages: These may lead some people to enter marriages that are not officially recognized.
• Impact on Marginalized Communities: Groups with many young marriages might face negative effects due to these practices.
• Parental Control: Some parents may misuse this situation to dictate their daughters' choices, potentially leading to a preference for sons and issues like female foeticide.
• Cultural Issues: This situation does not tackle the existing social and cultural norms that support male dominance.

Other steps that can be taken

• Incorporating Sex Education: It is essential to include sexual education in the school curriculum to help students understand important topics related to their development and relationships.
• Programs for Girls' Health: There should be specific programs designed to promote the health and nutrition of girls, ensuring they receive the necessary information and support.

Historical perspectives related to age of marriage in India 

• The Child Marriage Restraint Act, 1929 (also known as the Sarda Act): 
  • Set the minimum age for marriage at 14 years for girls.
  • Established the minimum age for boys at 18 years.
• Prohibition of Child Marriage Act, 2006: 
  • Replaced the 1929 Act.
  • Aims to stop the practice of child marriages.
  • Increased the legal marriage age to 18 years for brides.
  • Set the minimum age for grooms at 21 years.