Indian Polity: May 2023 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Strengthening Indian Judiciary

Why in News?

The Indian judiciary play a crucial role in upholding the rule of law and ensuring justice for all citizens. Despite recent advancements in technology, the Indian judiciary continues to grapple with various loopholes.

What are the Major Loopholes in the Judiciary in India?

• Huge Pendencies of Cases:
  • The courts in India are burdened with a massive backlog of cases, leading to delays in delivering justice. This backlog is primarily due to a shortage of judges and inefficient case management systems.
    • As of May 2022, over 4.7 crore cases are pending in courts across different levels of the judiciary. The fact that this figure keeps rising demonstrates the inadequacies of the justice system.
• Inadequate Physical and Digital Infrastructure:
  • Many courts across the country face a shortage of courtrooms, limited access to basic facilities such as restrooms, waiting areas, and parking spaces that creates inconvenience for litigants, lawyers, and court staff, leading to overcrowding and delays in proceedings.
  • The Covid-19 pandemic has highlighted the need for digital infrastructure for conducting virtual hearings and ensuring continuity of justice delivery.
  • Only 9 out of the 25 High Courts in India have implemented live streaming of court proceedings. In the Supreme Court itself, live streaming is limited to only Constitutional cases.
  • Limited Use of Alternative Dispute Resolution (ADR): ADR mechanisms, such as mediation and arbitration, can help reduce the burden on the courts. However, their utilisation is still limited in India.
  • Recruitment Delays: Judicial posts are not filled as quickly as necessary. For a country of 135 million, there are only 21 judges per million population (as of February 2023).
  • There are almost 400 vacancies in the high courts. And around 35% of the posts are lying vacant in the lower judiciary.
  • Inequality of Representation: Another area of concern is the composition of the higher judiciary, where women are underrepresented. Out of 1.7 million advocates registered, only 15% are women.
  • In high courts, the percentage of women judges is a mere 11.5%.
  • At present, the Supreme court has only three sitting women judges.
  • Justice B V Nagarathna will become Chief Justice of India in 2027 for 36 days.

What Measures can India Adopt to Reinforce and Empower its Judiciary?

• Strengthening E-Court System: There is a need to implement a robust e-court system that can streamline court processes, reduce paperwork, and improve efficiency. This includes digitizing case records, enabling online filing of cases, e-summons, e-payment, and video conferencing for hearings.
• The Union Budget 2023-24 allocated Rs 7,000 crore for the launch of the third phase of the e-Courts project.
• The Centrally Sponsored Scheme (CSS) by the Department of Justice also aims to develop infrastructure facilities for the judiciary.
  • The CSS enhances state government resources for constructing court buildings, digital computer rooms, lawyers' halls, toilet complexes, and residential accommodations for judicial officers.
  • The fund-sharing pattern is 60:40 (Centre: State), 90:10 for 8 North-Eastern and 2 Himalayan States, and 100% central funding for Union Territories.
  • Former CJI, N.V. Ramana suggested to develop a National Judicial Infrastructure Authority of India (NJIAI) for arranging adequate infrastructure for courts.
• Transforming the Appointment System: Vacancies must be filled immediately, and it is necessary to establish an appropriate timeline for the appointment of judges and to provide the suggestions in advance.
  • Another significant element that can unquestionably aid India in developing a better judicial system is the All India Judicial Services (AIJS).
• Case Management Software: There is a need to develop and deploy case management software that can help track case progress, automate administrative tasks, and facilitate better coordination among judges, lawyers, and court staff. It can improve the overall efficiency of the judicial process.
• Data Analytics and Case Prediction: India can utilise data analytics and artificial intelligence to analyse past judgments and predict case outcomes to assist judges in making informed decisions, reducing inconsistencies and improving the quality of judgments.
  • However, it is vital to ensure that it plays only a secondary role.
• Public Legal Education: There is a need to promote public legal education and awareness programs that can empower citizens to understand their rights and obligations, reducing unnecessary litigation and promoting out-of-court settlements.
• Citizen Feedback Mechanism: There is a need to establish a feedback mechanism where citizens can provide feedback on the judicial process and court experiences can help identify shortcomings and areas for improvement.

Default Bail

Accused parties have the option of statutory bail, also known as default bail if the investigating agency does not finish its investigation within the allotted time frame.

• The maximum period allotted to investigators is 60 or 90 days under Section 167(2) of the Code of Criminal Procedure (CrPC), depending on how severe the offense was.
• The accused can petition for default bail under the first proviso of Section 167(2) of the CrPC to be freed from detention if the authorities cannot finish the investigation within this time frame.
• Notably, the bail’s ‘default’ aspect results from the fact that the application has nothing to do with the case’s merits and is just intended to keep the accused out of jail for a short period.

The relief of default bail is different from bail obtained in a normal course under Sections 437, 438, and 439 of the CrPC. The provision of default bail in the CrPC keeps a check and maintains a balance between the arbitrary exercise of power by the police and the right of an accused person. The default bail is linked to Article 21 of the constitution, the fundamental right to life and personal liberty.

• The accused is deemed to have exercised the right to release on default bail once he or she submits a section 167(2) bail application.
• Only once the allotted window of time for the inquiry has passed does this right take effect.
• As long as the accused has applied for such bail, the right to be freed on default bail is enforceable.
• It makes no difference if the accused applies for default bail while the bail application is still underway or if the charge sheet is filed later.

The default bail is not applicable if-

• The accused fails to apply for it after the investigation period has passed and the investigating agency files a charge sheet or requests extra time before the accused makes such an application.
• The Magistrate might then extend the deadline for the investigation’s conclusion.
• However, by other legal requirements of the Code, the accused may still be freed on bond.

It is crucial to remember that even if the court granted default bail, the accused person’s actual release from detention depends on the court’s rulings. The accused will remain in detention if they don’t provide the required bail money or follow the bail order’s rules and requirements as set down by the court.

Ritu Chhabaria case

In the Ritu Chhabaria judgment, the court held that “the right of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitution” to protect accused persons from the “unfettered and arbitrary power of the State”.
The court ruled that the accused’s right to default bail would not be violated by an incomplete chargesheet submitted by the investigating agency without a thorough investigation.

Advantages and disadvantages of default bail

Advantages:

• It makes sure that those who have been charged with a crime but have not been found guilty are not held indefinitely until their trial.
• It safeguards against a person’s liberty being taken away without adequate proof and a proper hearing, upholding the ideals of justice and fairness.
• It assists those who are accused in remaining in their communities for rehabilitation and reintegration while continuing to work and provide for their families, raising the likelihood that they would successfully reintegrate if found not guilty.
• It stops authorities from unlawfully detaining people without providing them with proof or filing false accusations within a reasonable amount of time.
• It enables the court to determine whether further detention is necessary depending on the prosecution’s capacity to provide evidence within the allotted time limit.
• It results in the more effective use of prison mitigating overcrowding.

Disadvantages:

• If the accused poses a risk to society or is possibly dangerous, granting bail may be risky. It may jeopardize public security and obstruct efficient law enforcement.
• It can make it more difficult to acquire further evidence or make it more difficult for the prosecution to present a compelling case if the accused is released on default bail without charges being brought.
• Granting default bail may interfere with victims’ rights to prompt justice and may give the impression that different parties in the case are being treated unfairly or unequally.

Types of Bail in India

Based on the types of criminal act, four types of bail includes Regular Bail, Interim Bail, Anticipatory Bail, and Default Bail.

• Regular bail: An individual who has previously been arrested and held by police is usually granted regular bail. Under Sections 437 and 439 of the Criminal Procedure Code, the accused has a right to be released from such solitary detention. Therefore, a standard bail is just the release of an accused person from custody to guarantee his appearance at the trial.
• Interim bail: Short-term bail is known as interim bail. An accused person is given interim bail before the hearing for regular or anticipatory bail.
• Anticipatory bail: A person may request anticipatory bail if they believe they will be detained for a crime for which bail is not permitted. This issue has grown in importance in recent years as a result of the frequent attempts made by influential individuals and business rivals to falsely accuse and defame their rivals. Getting advance bail under Section 438 of the CrPC is comparable to doing so.
• Statutory bail: It is commonly referred to as default bail, and is an alternative to bail acquired through the regular court process by CrPC Sections 437, 438, and 439. Statutory bail, as the name suggests, is granted when the police or investigating agency fails to submit their report or complaint within a particular time.

Way forward

A balance needs to be struck between the rights of the accused and the smooth conduct of the investigation. The existing system may be revised based on case complexity rather than having a blanket system for all.

SC on Maharashtra Governor's Call for Floor Test

Why in News?

Recently, the Supreme Court (SC) has held that the decision of the (former) Governor of Maharashtra to call for a Floor Test, asking the then Chief Minister to prove his majority in the house, was not justified. However, the SC cannot restore his government as he did not face the floor test.

What is the Background?

• In 2022, the Uddhav Thackeray-led government was toppled and replaced by another government, comprising a faction of the Shiv Sena. The leader of the breakaway Sena faction, Eknath Shinde, became the new Chief Minister of Maharashtra.
• Thereafter, petitions were filed by the Thackeray group challenging the then Maharashtra Governor’s decision to call for a trust vote before his resignation.

What is the SC’s Ruling?

• On Floor Test:
  • The floor test should not be used to solve problems within a political party and that party disagreements should be resolved according to the party's constitution or other methods.
• Appointing a Whip:
  • The Speaker must only recognize the Whip duly authorised by the political party with reference to the provisions of the party constitution. The appointment of both the whip and the leader of the party in the House should only be done by the political party and not the legislature party.
  • In parliamentary parlance, a whip may refer to both a written order to members of a party in the House to abide by a certain direction, and to a designated official of the party who is authorised to issue such a direction.
  • The concept of the whip was inherited from colonial British rule.
• Disqualification on the Ground of Defection:
  • The Speaker is the authority to adjudicate petitions for disqualification under the 10^th Schedule of the Constitution.
  • The Court cannot ordinarily adjudicate petitions for disqualification under the 10th Schedule.
  • Notices were issued by the then Deputy Speaker of the Maharashtra Assembly, against 40 rebel MLAs under the 10th Schedule which deals with disqualification on the grounds of Defection.

What are the Powers with the Governor to Call a Floor Test?

• About:
• Article 174 of the Constitution authorizes the Governor to summon, dissolve and prorogue the state legislative assembly.
• According to Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers.
• However, the Governor can exercise the above only as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister (when the assembly is not in session).
• However, when the House is in session, it is the Speaker of the Assembly who can call for a floor test.
• Governor’s Discretionary Power:
• According to Article 163 (1), there will be a group of Ministers, led by the Chief Minister, who will assist and advise the Governor in carrying out his functions. However, the Governor will have the final say in any matters where he is required to exercise his discretion as per the constitution.
• The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
• The Governor can exercise his discretionary power under Article 174, when the chief minister has lost the support of the House and his strength is debatable.
• Generally, when doubts are cast on the chief minister that he has lost the majority, the opposition and the Governor would rally for a floor test.

What are Previous Rulings on the Governor's Floor Test Call?

• Nabam Rebia and Bamang Felix vs Deputy Speaker case (2016): The SC said that the power to summon the House is not solely vested in the Governor and should be exercised with aid and advice of the Council of Ministers and not at his own.
• Shivraj Singh Chouhan & Ors vs Speaker (2020): The SC upheld the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its majority.

Enforcement Directorate

What is the Directorate of Enforcement (ED)?

• The Directorate of Enforcement (ED) is a multi-disciplinary organization mandated with investigation of offences of money laundering and violations of foreign exchange laws.
• It functions under the Department of Revenue of the Ministry of Finance.
• As a premier financial investigation agency of the Government of India, the Enforcement Directorate functions in strict compliance with the Constitution and Laws of India.

Where does the Genesis of ED Lie?

• The origin of this Directorate goes back to 1^st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act (FERA), 1947.
  • It was headquartered in Delhi, headed by a Legal Service Officer as the Director of Enforcement.
  • It had two branches – at Bombay and Calcutta.
• In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras (now Chennai).
• In 1960, the administrative control of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue.
• With the passage of time, FERA 1947 was repealed and replaced by FERA, 1973.
  • With the onset of the process of economic liberalisation, FERA, 1973, which was a regulatory law, was repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came into operation w.e.f. 1^st June 2000.
• Further, in tune with the International Anti Money Laundering regime, the Prevention of Money Laundering Act, 2002 (PMLA) was enacted and ED was entrusted with its enforcement w.e.f. 1^st July 2005.

What is the Structure of ED?

• Hierarchy: The Directorate of Enforcement, with its headquarters at New Delhi, is headed by the Director of Enforcement.
  • There are five regional offices at Mumbai, Chennai, Chandigarh, Kolkata and Delhi headed by Special Directors of Enforcement.
  • The Directorate has 10 Zonal offices each of which is headed by a Deputy Director and 11 sub Zonal Offices each of which is headed by an Assistant Director.
• Recruitment: Recruitment of the officers is done directly and by drawing officers from other investigation agencies.
  • It comprises officers of IRS (Indian Revenue Services), IPS (Indian Police Services) and IAS (Indian Administrative Services) such as Income Tax officer, Excise officer, Customs officer, and police.
• Tenure: In November 2021, the President of India promulgated two ordinances allowing the Centre to extend the tenures of the directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate from two years to up to five years.
  • The Delhi Special Police Establishment (DSPE) Act, 1946 (for ED) and the Central Vigilance Commission (CVC) Act, 2003 (for CV Commissioners) have been amended to give the government the power to keep the two chiefs in their posts for one year after they have completed their two-year terms.
  • The chiefs of the Central agencies currently have a fixed two-year tenure, but can now be given three annual extensions.
  • However, no further extension can be granted after the completion of a period of five years in total including the period mentioned in the initial appointment.

What are the Statutory Functions of ED?

The statutory functions of the Directorate include enforcement of following Acts:

• COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), this Directorate is empowered to sponsor cases of preventive detention with regard to contraventions of FEMA.
• Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments and to promote the orderly development and maintenance of foreign exchange market in India.
  • ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.
• Prevention of Money Laundering Act, 2002 (PMLA): Following the recommendations of the Financial Action Task Force (FATF) India enacted PMLA.
  • The ED has been entrusted with the responsibility of executing the provisions of PMLA by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.
• Fugitive Economic Offenders Act, 2018 (FEOA): Lately, with the increase in the number of cases relating to economic offenders taking shelter in foreign countries, the Government of India introduced the Fugitive Economic Offenders Act, 2018 (FEOA) and ED is entrusted with its enforcement.
  • This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts.
  • Under this law, the ED is mandated to attach the properties of the fugitive economic offenders who have escaped from India warranting arrest and provide for the confiscation of their properties to the Central Government.

What about ED’s Jurisdiction?

• Both FEMA or PMLA apply to the whole of India. So, the ED can take action against any person on which this act applies.
  • Cases under FEMA may lie in civil courts where PMLA cases will lie in criminal courts.
• The agency has jurisdiction over a person or any other legal entity who commits a crime.
  • All the public servants come under the jurisdiction of the agency if they are involved in any offence related to money laundering.
• ED can not take an action suo motu. One has to complain to any other agency or Police first and then ED will investigate the matter and will identify the accused.
  • The ED will investigate the matter and may attach the property of an accused person and also make an arrest and start proceeding with the violation of the provisions of FEMA and PMLA act.
  • The matter will be resolved by way of adjudication by courts or PMLA courts.

Why is the ED being Criticised Lately?

• The Supreme Court (SC) is examining allegations of rampant misuse of PMLA by the government and the Enforcement Directorate (ED). Major Allegations include:
• Being Used for Ordinary Crimes:
  • PMLA is pulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
  • PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from trade in narcotics.
  • Currently, the offences in the schedule of the Act are extremely overbroad, and in several cases, have absolutely no relation to either narcotics or organised crime.
• Lack of Transparency and Clarity:
  • The Enforcement Case Information Report (ECIR) - an equivalent of the FIR - is considered an “internal document” and not given to the accused.
  • The ED treats itself as an exception to the principles and practises [of criminal procedure law] and chooses to register an ECIR on its own whims and fancies on its own file.
  • There is also a lack of clarity about ED’s selection of cases to investigate.
  • The initiation of an investigation by the ED has consequences which have the potential of curtailing the liberty of an individual.

What are the Recent Controversies Regarding PMLA and the Powers and Efficiency of ED?

• The PMLA formulated in 2002 has undergone various critical changes from time to time in order to give itself more strength to deal with the offence of money laundering.
  • However, on account of these amendments, several petitions have been filed across the country that question the almost blanket powers assigned to the ED under PMLA for searching, seizing, investigating, and attaching assets considered to be proceeds of crimes.
• Moreover, in a recent hearing, the SC upheld the constitutional validity of the PMLA and ED’s power to hold inquiries, arrest people and attach property (under Section 5 of the Act).
  • The Court stated that Section 5 provides for a balancing arrangement to secure the interests of the person and also ensures that the proceeds of crime remain available to be dealt with in the manner provided by the 2002 Act.
  • It rejected the argument that ED authorities are police officers and, hence, a statement recorded by them (Section 50 of the Act) would be hit by Article 20(3) of the Indian Constitution which says no person accused of an offence shall be compelled to be a witness against himself (self incrimination).
• Additionally, the conviction rate of the ED under PMLA is very low, despite thousands of cases registered and people arrested.
  • According to the data quoted by the government in Parliament of India, there were zero convictions between 2005 and 2013-14.
  • By 2014-15 to 2021-22, out of 888 cases under ED, only 23 cases were under conviction.

What Reforms can be Brought to the ED?

• It is true that law has given stringent powers to the ED in dealing with the accused that can increase the possibility of political misuse.
  • But there must be a consensus between the adjudicating authority and the officers of ED to abide by the constitutionality of provision under PMLA, making the investigation more lucid.
• The process itself should not become a punishment. ED's expanded powers should be welcomed with a greater commitment to expeditiously resolve the cases, so both the judiciary and enforcement agencies can move forward with speedy trials and convictions.
• There must be a constant scrutiny over the operations of the Enforcement Directorate and current disposition whether this clarification will improve the conviction rate (which is right now less than half a percent).
  • And if there will be any lacunas in the operative part, change is the law of nature, these gaps can be filled either through suitable legislation, executive action or revised order of the apex court.

The 17th Lok Sabha: A Short-Lived Parliament with Low Productivity

Central Idea

• The 17th Lok Sabha is set to complete its five-year term in 2024. However, with only 230 sitting days so far, it is unlikely to surpass the 331 days of the shortest full-term Lok Sabha since 1952. 
• The latest session, the Budget session, was marked by minimal legislative activity and continuous disruptions, with only one item, the Motion of Thanks on the President’s Address, being discussed.

Low Productivity of the 17th Lok Sabha

• The Lok Sabha has functioned for only 33% of its scheduled time (46 hours) during the Budget session, with the Rajya Sabha working for 24% (32 hours).
• The second part of the session was even more unproductive, with the Lok Sabha working for only 5% and the Rajya Sabha for 6% of their scheduled time.
• The number of Bills introduced and passed has also declined significantly since the first session, with fewer than 10 Bills being introduced or passed in each of the last four sessions.
• The latest Budget session was also one of the shortest since 1952, with the Lok Sabha spending only 18 hours on financial business, compared to an average of 55 hours in previous Budget sessions of the 17th Lok Sabha.

Lack of Debates and Discussions

• Short-duration discussions: The Rules of Procedure of both Houses of Parliament provide for various devices that can be used to draw attention to matters of public importance and hold the government accountable. However, in the 17th Lok Sabha, only 11 short-duration discussions and one half-an-hour discussion have been held so far, and none were held during the latest session.
• Question Hour: This is despite the fact that the latest session saw the least amount of time spent on questions in the current Lok Sabha. Question Hour functioned for only 19% of the scheduled time in the Lok Sabha and 9% of the scheduled time in the Rajya Sabha.

Why the Lok Sabha’s productivity has been low?

• Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
• Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
• COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
• Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
• Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

Implications of low productivity of the Lok Sabha

• Delay in passing important bills: When the Lok Sabha is unable to function effectively, it can lead to a delay in passing important bills, which may have an adverse impact on the economy and governance. For example, crucial bills related to taxation, infrastructure, and social welfare may get delayed, affecting the overall progress of the country.
• Poor quality of legislation: When the Lok Sabha is unable to function effectively, it may lead to poor quality of legislation. There may be a lack of debate and discussion, leading to hasty decision-making and poor-quality laws that may have unintended consequences.
• Damage to democratic institutions: When the Lok Sabha is unable to function effectively, it can damage the democratic institutions of the country. It can erode the trust of citizens in the democratic process and lead to a feeling of disenchantment and disengagement among the people.
• Wastage of taxpayers’ money: When the Lok Sabha is unable to function effectively, it leads to wastage of taxpayers’ money. The salaries and allowances of Members of Parliament are paid from the public exchequer, and if they are not able to discharge their duties effectively, it amounts to a waste of taxpayers’ money.
• Negative impact on investor confidence: When the Lok Sabha is unable to function effectively, it can have a negative impact on investor confidence. Investors may be hesitant to invest in the country, leading to a slowdown in economic growth and development.
• Lack of accountability: When the Lok Sabha is unable to function effectively, it may lead to a lack of accountability. Members of Parliament may not be held accountable for their actions, and the executive may be able to push through decisions without proper scrutiny or oversight.

Conclusion

The 17th Lok Sabha has been marked by low productivity and a lack of debates and discussions, despite the availability of mechanisms to hold the government accountable. The upcoming year is unlikely to see a significant increase in the number of sitting days. This lack of productivity and accountability could undermine the role of Parliament in a democracy and the ability of the government to pass important legislation.

India’s New Parliament: Need and Significance

Context

• In the 75th year of Independence, India’s new Parliament building, embodying the culture, pride and spirit of the entire nation, was recently inaugurated by the PM of India.
• 19 opposition parties boycotted the inauguration event, accusing the central government of sidelining President Droupadi Murmu – the country’s first tribal head of state.

The old Parliament

• At the coronation of George V as Emperor of India in 1911, the announcement of the transfer of the seat of GoI from Calcutta to the ancient Capital of Delhi was made.
• The GoI Act 1919 provided for a bicameral legislature for India and the need for the new was felt.
• The parliament building’s construction took six years (and Rs 83 lakhs) – from 1921 to 1927, and its circular shape is believed to be inspired by the Chausath Yogini temple at Mitawli village in MP’s Morena district.

Need for a new Parliament building

• Existing Parliament is old: The existing Parliament house (which will be converted into a ‘Museum of Democracy’ after the new Parliament becomes operational) is almost a century-old Heritage Grade-I building, showing signs of distress and over-utilization.
• Narrow seating space for MPs:
  • The present building was never designed to accommodate a bicameral legislature for a full-fledged democracy.
  • The Central Hall has seating capacity only for 440 persons and when the Joint Sessions are held, the problem of limited seats amplifies.
  • The number of Lok Sabha seats is likely to increase significantly from the current 545 after 2026.
• Distressed infrastructure: The addition of services like water supply, sewer lines, etc., has led to seepage of water at several places and impacted the aesthetics of the building.
• Safety concerns: For example, fire safety, structural safety (Delhi is currently in Seismic Zone-IV), etc.
• Obsolete communication structures: Communications infrastructure and technology is antiquated in the existing Parliament, and the acoustics of all the halls need improvement.
• Inadequate workspace for employees.

The new Parliament

• It is part of the Central Vista Project – the ongoing redevelopment project to revamp India’s central administrative area (designed by Sir Edwin Lutyens and Sir Herbert Baker during British colonial rule) located near Raisina Hill, New Delhi.
• It is designed by Ahmedabad-based HCP Design, Planning and Management under architect Bimal Patel and has been built by Tata Projects Ltd.

Main features of the new Parliament building

• A “Platinum-rated Green Building” with about 65,000 sq m built-up area, which will be divyang friendly.
• The triangular shape ensures the optimum utilisation of space.
• A larger Lok Sabha hall (888 seats) based on the peacock theme (India’s national bird) and a larger Rajya Sabha hall (384 seats) based on the lotus theme (India’s national flower).
• The Lok Sabha may accommodate up to 1,272 seats for joint sessions of Parliament.
• A state-of-the-art Constitutional Hall symbolically and physically puts the Indian citizens at the heart of our democracy.
• A Central Lounge that will complement the open courtyard (with a banyan – the national tree) will be a place for members to interact with each other.
• Ultra-modern state-of-the-art features like a digitised voting system, well-engineered acoustics and audiovisual systems in the two chambers.

Interior Decorations

• Murals depicting maps of ancient India-protected monuments of ASI and UNESCO, etc.
• 3 ceremonial entrance halls with huge brass images of Mahatma Gandhi, Chanakya, Gargi, Sardar Vallabhbhai Patel, B.R. Ambedkar, and the Chariot Wheel from the Sun Temple at Konark are on display.
• Reflecting the cultural diversity of India in line with the “Made in India” initiative Tripura’s epitome bamboo wood flooring and carpets from UP’s Mirzapur embellished the new Parliament.

Significance of the new Parliament: Symbol of the vision and aspirations of India, the spirit of change and continuity and will witness the making of India as ‘Aatmanirbhar Bharat’.

Expectations from the new Parliament

• The trend of increasing disruptions and long periods of deadlock is antithetical to the spirit of Parliament – law-making through debate, discussion, and consensus.
• Hence, the new Parliament offers an opportunity to seriously introspect on Parliamentary conduct and make Parliament more efficient and productive.

Conclusion: The new Parliament should not only be the fountainhead/epitome of architectural excellence but should also work as a lighthouse to guide India in its ambitious journey of ‘new India@100’; ‘Ek Bharat, Shrestha Bharat’, etc.

National Rare Diseases Committee

Why in News?

Recently, the Delhi High Court has taken a proactive step to address the challenges faced by patients with rare diseases by establishing a five-member panel to implement the Centre's rare diseases policy effectively.

• The panel, known as the National Rare Diseases Committee, aims to ensure that patients enrolled with the All-India Institute of Medical Sciences (AIIMS), Delhi, receive timely treatment and benefit from the policy.
• The mandate of the Committee would broadly be to take all steps needed for implementation of the National Rare Disease Policy, 2021.

What is the National Rare Diseases Committee?

• About:
  • The National Rare Diseases Committee is a five-member panel who will work together to address the challenges faced by patients with rare diseases established by the Delhi High Court to implement the rare diseases policy and ensure efficient treatment for patients.
  • The committee consists of experts from relevant fields, including medical professionals, policymakers, and representatives from healthcare institutions.
• Responsibilities and Objectives:
  • Assessing Cases:
  • Focus on patients enrolled with AIIMS in Delhi.
  • Evaluate individual cases to understand medical needs and determine treatment.
• Implementation of the Policy:
  • Devise strategies and guidelines for translating policy provisions into action.
• Coordination and Collaboration:
  • Facilitate close coordination between medical community, therapy providers, and governmental agencies.
  • Create a collaborative environment for addressing challenges related to rare diseases.
• Treatment Accessibility:
  • Ensure timely treatment for patients with rare diseases.
  • Explore avenues for procuring necessary therapies and drugs.
  • Establish a logistical framework for seamless administration of treatment.

What is the National Rare Disease Policy 2021?

• Aim:
  • Increase focus on indigenous research and local production of medicines.
  • Lower the cost of treatment of rare diseases.
  • Screen and detect rare diseases early for prevention.
• Major Provisions of the Policy:
  • Categorization:
  • Group 1: Disorders amenable to one-time curative treatment.
  • Group 2: Diseases requiring long-term or lifelong treatment.
  • Group 3: Diseases with available treatment but challenges in patient selection, high cost, and lifelong therapy.
• Financial Support:
  • Provision for financial support of up to Rs. 50 lakhs to the patients suffering from any category of the Rare Diseases and for treatment in any of the Centre of Excellence (CoE) mentioned in NPRD-2021, outside the Umbrella Scheme of Rashtriya Arogaya Nidhi.
  • Financial support of up to Rs. 20 lakhs under Rashtriya Arogya Nidhi for rare diseases listed under Group 1.
  • Rashtriya Arogya Nidhi provides assistance to patients with major life-threatening diseases, regardless of their poverty status.
  • Voluntary crowdfunding for treatment through a digital platform for individual and corporate contributions.
• Centres of Excellence:
  • Designation of eight health facilities as 'Centres of Excellence'.
  • One-time financial support of up to Rs. 5 crore for upgrading diagnostic facilities.
• National Registry:
  • Creation of a national hospital-based registry of rare diseases.
  • Ensuring comprehensive data and definitions for research and development purposes.
• Concerns Raised:
  • Lack of sustainable funding for patients with Group 3 disorders.
  • Prohibitive costs of drugs for rare diseases.
  • Limited global and domestic manufacturers of drugs for rare diseases.

National Population Register

Why in News?

For Census 2021, the Government has made the National Population Register (NPR) mandatory, allowing citizens to self-enumerate, for individuals who wish to fill out the census form themselves instead of relying on government enumerators.

• Self-enumeration refers to the completion of census survey questionnaires by the respondents themselves. Self-enumeration will be provided to only those households that have updated NPR online.
• During self-enumeration, Aadhaar or mobile number will be mandatorily collected.

What set of Questionnaires have been Finalized for the Next Census?

• The upcoming Census will be the first digital one, allowing respondents to complete the questionnaire from their homes.
• The set of questions for the Houselisting and Housing Schedule phase has been finalized, while the questions for the Population Enumeration phase are yet to be notified.
• The comparison between the 2011 Census and the next one reveals new inquiries on travel time and metro rail usage for commuting.
• The question on disabilities includes additional categories like acid attack, intellectual disability, chronic neurological disease, and blood disorder.
• The next Census will also gather information on whether individuals living in rented houses own residential property elsewhere or do not own any.
• Clarifications are provided on the availability of drinking water within specific distances from the premises.

What is the National Population Register?

• About:
  • NPR is a database containing a list of all usual residents of the country.
  • A usual resident for the purposes of NPR is a person who has resided in a place for six months or more and intends to reside there for another six months or more.
  • Its objective is to have a comprehensive identity database of people residing in the country.
  • It is generated through house-to-house enumeration during the “house-listing” phase of the Census.
  • NPR was first collected in 2010. It was updated in 2015 and already has details of 119 crore residents.
  • In March 2020, the Ministry of Home Affairs (MHA) amended the Census Rules framed in 1990 to capture and store the Census data in an electronic form and enabled self-enumeration by respondents.
• Legal Backing:
  • The NPR is prepared under the provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
  • It is mandatory for every “usual resident of India” to register in the NPR.
• Significance:
  • It will streamline data of residents across various platforms.
  • For instance, it is common to find a different date of birth of a person on different government documents. NPR will help eliminate that.
  • It will help the government formulate its policies better and also aid national security.
  • It will help to target government beneficiaries in a better way and also further cut down paperwork and red tape in a similar manner that Aadhaar has done.
  • It will help in implementing the idea of ‘One Identity Card’ that has been recently floated by the government.
  • ‘One Identity Card’ seeks to replace duplicate and siloed documentations of Aadhaar card, voter ID card, banking card, passport, and more.
• NPR and NRC:
  • According to Citizenship Rules 2003, NPR is the first step towards compilation of a National Register of Citizens (NRC). After a list of residents is created (i.e., NPR), a nationwide NRC could go about verifying the citizens from that list.
  • However, unlike the NRC, the NPR is not a citizenship enumeration drive as it records even a foreigner staying in a locality for more than six months.
  • NRC is a register prepared after the conduct of the Census of 1951 in respect of each village, showing the houses or holdings in a serial order and indicating against each house or holding the number and names of persons staying therein.

What is the Difference between NPR and Census?

• Objective:
  • The census involves a detailed questionnaire - there were 29 items to be filled up in the 2011 census - aimed at eliciting the particulars of every person, including age, sex, marital status, children, occupation, birthplace, mother tongue, religion, disability and whether they belonged to any Scheduled Caste or Scheduled Tribe.
  • On the other hand, NPR collects basic demographic data and biometric particulars.
• Legal Basis:
  • The census is legally backed by the Census Act, 1948.
  • The NPR is a mechanism outlined in a set of rules framed under the Citizenship Act, 1955.
• Comprehensive Identity Database:
  • The NPR, unlike the Census, is a comprehensive identity database of every “usual resident” in the country and the data proposed to be collected at the family level can be shared with States and other government departments.
  • Though Census also collects similar information, the Census Act of 1948 bars sharing any individual’s data with the State or Centre and only aggregate data at the administrative level can be released.