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

22nd Law Commission's Recommendation on Sedition

Why in news?

The 279th report of the Law Commission of India recommending the retention of the sedition law, has brought the 153-year-old colonial law to the centre stage yet again.

What is Section 124A of IPC?

• Section 124A of the Indian Penal Code (IPC) incorporated in 1870, describes the Law of Sedition.
• The colonial law was derived from the British Sedition Act of 1661.
• It seeks to punish speech or writing that brings or tries to bring into hatred or contempt, or excites or tries to excite disaffection towards, the government established by law.

What are the recommendations of the 22nd Law Commission?

• The law commission report has recommended the retention of the highly debated Sedition law, which is under Section 124A of the Indian Penal Code.
• It broadly recommended three things:
  • Widening the scope of sedition.
  • Adding a higher quantum of punishment.
  • Incorporating ‘procedural safeguards’ to prevent misuse.
• While Section 124A provides for a minimum imprisonment of 3 years, the commission recommends a minimum of 7 years in the name of national security.
• The Law Commission has suggested that the tendency to incite disorder should be incorporated in Section 124A.
• It clarified that in democratic India sedition laws would only be used against the ‘tendency to incite violence or cause public disorder’.
• The commission defines tendency as a slight inclination and is decided by a policeman.
• Any alleged misuse of Section 124A of IPC should not be a reason to repeal the law and it  should be reined in by laying down adequate procedural safeguards

Why there is an uproar against the recommendation?

• The Commission recommends for the enhancement of punishment when there is a universal demand for the scrapping of this law.
• It attempts to bring sedition within the framework of reasonable restriction under Article 19(2).
• The law of sedition in Section 124A of the IPC is considered a colonial vestige and unconstitutional in a democratic country.
• The disaffection towards a government should not be an offence in a democratic republic where the people have the freedom to change a bad government.

Governor's Role in State Legislature

Why in News?

Issues have recently emerged in several Indian states regarding the interaction between Chief Ministers and Governors concerning the passing of bills. Chief Ministers have expressed concerns that Governors have delayed acting on bills presented for their assent.

• This situation raises important questions about the functioning of a democracy and the potential consequences of hindering the legislative process.

What are Constitutional Provisions Related to the Governor?

• Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
  • The Governor is appointed by the President by warrant under his hand and seal and holds office under the pleasure of the President (Article 155 and 156).
• Article 161 states that the governor has the power to grant pardons, reprieves, etc.
  • The Supreme Court stated that the sovereign power of a Governor to pardon a prisoner is actually exercised in consensus with the State government and not the Governor on his own.
  • The advice of the government binds the Head of the State.
• Article 163 states that there is a council of ministers headed by the Chief Minister to aid and advise the Governor in the exercise of his functions, except some conditions for discretion.
  • Discretionary powers include:
  • Appointment of a chief minister when no party has a clear majority in the state legislative assembly
  • In times of no-confidence motions
  • In case of failure of constitutional machinery in the State(Article 356)
• Article 200:
  • Article 200 of the Indian Constitution outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President.
  • The Governor may also return the Bill with a message requesting reconsideration by the House or Houses.
  • In the case of Purushothaman Nambudiri v State of Kerala, the Supreme Court ruled that a bill pending the Governor's assent does not lapse upon the dissolution of the House.
    • The Court inferred from the absence of a time limit in Articles 200 and 201 that the framers did not intend for bills awaiting the Governor's assent to be at risk of lapsing.
• The second provision of Article 200 grants the Governor the discretion to refer a bill to the President if they believe its passage would infringe upon the powers of the High Court. The procedure for presidential assent is outlined in Article 201.
  • In the Shamsher Singh case, the Court held that the Governor's power to reserve bills for the President's consideration is an instance of discretionary authority.
• Article 201:
  • It states that when a Bill is reserved for the consideration of the President, the President may assent to or withhold assent from the Bill.
  • The President may also direct the Governor to return the Bill to the House or Houses of the Legislature of the State for reconsideration.
• Article 361:
  • Under Article 361 of the Constitution, the Governor has complete immunity from court proceedings for any act done in the exercise of their powers.

What is the SC’s Stance and Recommendations of Commissions regarding the Governor's Power to Withhold Assent to Bills?

• SC Stance: The Supreme Court’s judgement in Nabam Rebia and Bamang Felix vs Dy.Speaker clarified that the Governor's discretion under Article 200 is limited to deciding whether a bill should be reserved for the President's consideration.
  • The Court also underscored that Article 163(2) must be read in conjunction with Article 163(1), suggesting that only matters expressly permitting the Governor to act autonomously are beyond the purview of judicial challenge.
  • Therefore, withholding assent to a bill indefinitely is unconstitutional, and a Governor's action or inaction in this regard can be subject to judicial review.
• Punchhi Commission (2010): It recommended that it is necessary to prescribe a time limit within which the Governor should take the decision whether to grant assent or to reserve it for consideration of the President.
• National Commission to Review the Working of the Constitution (NCRWC): It laid down a time-limit of four months within which the Governor should take a decision whether to grant assent or reserve it for the consideration of the President.
  • It had also suggested the removal of the power of Governor, as provided in Article 200, to withhold assent for a piece of legislation and reserve a Bill for the consideration of the President except in cases as stipulated in the Constitution.

Article 299 of the Constitution

Context

In a recent case, the Supreme Court of India has ruled that the government cannot invoke immunity from the legal provisions of a contract entered into under the name of the President, as per Article 299 of the Constitution. This article deals with the power and authority of contracts in India and lays down the conditions for their validity and enforceability.

Details

About

Article 299 of the Constitution of India deals with the contracts made by the government of India or any of its states. It lays down the rules and procedures for making and executing such contracts, as well as the liability of the parties involved.

Article 299(1)

• Article 299(1) also states that all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise.
  • This means that the actual signing and delivery of the contracts must be done by someone who is authorised by the President or the Governor, and under their directions.
• This also means that the contracts must be made in the name of the head of the executive, and not in the name of any individual minister or officer.
• The purpose of this rule is to ensure that the contracts are made with due authority and responsibility and to avoid any confusion or dispute about their validity.

Article 299(2)

• Article 299(2) states that neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for this Constitution, or for any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.
• This means that the President or the Governor cannot be sued for breach of contract or damages arising out of any contract made by them in their official capacity. Similarly, any person who acts on their behalf cannot be held personally liable for any such contract.
• The purpose of this rule is to protect the dignity and immunity of the head of the executive and to ensure that any claim arising out of a contract made by them is directed against the government as a whole, and not against them individually

Supreme Court Observation

• The Supreme Court held that these provisions are mandatory and not directory, and any deviation from them would render the contract void and unenforceable.
• It held that the immunity granted to the President or the Governor under Article 299(2) does not extend to the government, which is bound by the terms and conditions of the contract.
• It observed that Article 299 is based on the principle of privity of contract, which means that only parties to a contract can sue or be sued on it.
• It noted that Article 299 is intended to protect the public interest and prevent unauthorised persons from entering into contracts on behalf of the government without proper sanction and authority.

Court Verdict

• The Court clarified that Article 299 does not preclude judicial review of contracts made by the government and that such contracts are subject to scrutiny on grounds of illegality, irrationality, procedural impropriety, mala fides, etc.
• The Court concluded that Article 299 is a constitutional safeguard for ensuring transparency, accountability and fairness in government contracts and that any attempt to evade or circumvent it would be contrary to public policy and good governance.

Important Case

• 1954 top court ruling in ‘Chatturbhuj Vithaldas Jasani v/s Moreshwar Parashram & Ors’, is that there must be a definite procedure according to which contracts must be made by agents acting on the government’s behalf; otherwise, public funds may be depleted by unauthorized or illegitimate contracts.
• In its latest judgement, the court referred to its 1966 ruling in ‘P. Chowdhry v/s State of Madhya Pradesh. And Others’, which laid down essential requirements for government contracts under Article 299. In that ruling, the top court had reiterated three conditions to be met before a binding contract against the government could arise, namely:
  • The contract must be expressed to be made by the Governor or the Governor-General.
  • It must be executed in writing.
  • The execution should be by such persons and in such manner as the Governor or the Governor-General might direct or authorise.”

Conclusion

Article 299 is an important provision that regulates the contractual relations between the government and other parties. It ensures that there is clarity, accountability and legality in such relations and that there is no scope for fraud, corruption or misuse of power. It also protects the interests and rights of both the government and the other contracting parties, by providing a mechanism for enforcing and resolving any disputes arising out of such contracts.

Adverse Possession

Context

The Law Commission of India has recently submitted its 22nd report on the topic of adverse possession, the report has strongly recommended that the law relating to adverse possession should not be changed or abolished, as it serves a useful social purpose and protects the rights of the poor and marginalized sections of society.

Details

• The Law Commission of India has recently submitted its 22nd report on the topic of adverse possession, which is a legal doctrine that allows a person to acquire ownership of a property by occupying it for a certain period without the consent of the original owner.
• The report has strongly recommended that the law relating to adverse possession should not be changed or abolished, as it serves a useful social purpose and protects the rights of the poor and marginalized sections of society.

Highlights of the Law Commission Report

• The Law Commission stated in its 280th report that there is no justification to extend the statute of limitations.
• The report has argued that adverse possession is not a mode of acquiring title by force or fraud, but rather a recognition of the factual situation of possession and the legal consequences that flow from it.
• The report has highlighted the historical and constitutional aspects of adverse possession, and how it is in consonance with the principles of justice, equity and good conscience.
• The report has further stated that adverse possession is not a violation of the right to property under Article 300A of the Constitution, as it does not amount to deprivation or expropriation by the state, but rather a transfer of title by operation of law.
• The report has pointed out that adverse possession is not contrary to the human rights obligations of India under various international treaties and conventions.
• The report has concluded that there is no justification for introducing any change in the law relating to adverse possession, as it would create chaos and confusion in the land records and lead to litigation and disputes. The report has suggested that instead of changing the law, the government should focus on improving the administration and management of land records and ensuring that the rights and interests of all parties are duly protected.

Adverse possession

• Adverse possession is a legal principle that allows a person who occupies another person's land without their permission to acquire legal ownership of that land after a certain period. This can happen intentionally or unintentionally, with or without the knowledge of the true owner. Adverse possession is also known as squatter's rights or homesteading in some contexts.
• It is a legal doctrine that allows a person to acquire ownership rights over a property by occupying it for a continuous and uninterrupted period of 12 years, without the consent of the original owner. This doctrine was introduced in India by the British rulers and is governed by the Limitation Act of 1963.

Meaning of adverse possession

• Adverse possession means acquiring property through unsolicited means. However, it is an accepted method and common in India.
• According to the law of adverse possession, if a person continues to be in possession of a property for 12 years, they are granted ownership rights to the property.
• The rationale behind this doctrine is that land must not be left vacant but instead, be put to judicious use.
• It aims to prevent disputes over land titles by rewarding those who use and maintain the land over those who neglect and abandon it.

To claim adverse possession, a person must prove the following elements

• The possession must be actual, visible, exclusive and hostile.
• The possession must be continuous and uninterrupted for 12 years.
• The possession must be with an intention to oust the original owner.
• The original owner must be aware of the adverse possession and must have acquiesced to it.

Challenges of Adverse Possession

• The doctrine of adverse possession has been criticized for being unjust, archaic and against public policy.
• It has been argued that it violates the right to property, which is a constitutional and human right.
• It also encourages encroachment, squatting and land grabbing by unscrupulous elements.
• It deprives the original owners of their legitimate rights and interests over their property.
• It is often misused and abused by false claimants who forge documents, fabricate evidence and collude with officials to establish their possession.
• There have been many instances where tenants, licensees, co-owners, trustees and even government officials have claimed adverse possession over properties that they were legally bound to protect or return.

The doctrine of adverse possession needs to be reformed and regulated in India to prevent its misuse and abuse. Some of the possible measures that can be taken are:

• Increasing the period of limitation from 12 years to 30 years or more.
• Imposing a statutory duty on adverse possession to notify the original owners of their claim and pay them compensation or rent.
• Exempting certain categories of properties from adverse possession, such as public lands, religious places, ancestral properties, etc.
• Creating a central registry of properties and their owners and updating it regularly.
• Strengthening the enforcement of property laws and providing speedy and effective remedies to property disputes.

Some of the examples and cases of adverse possession in India are:

• In 2018, the Supreme Court held that a person who inherits a property cannot claim adverse possession over it as he does not have a hostile animus against the original owner.
• In 2019, the Supreme Court ruled that a government official cannot claim adverse possession over a government property as he is in lawful possession of it as per his official duty.
• In 2020, the Delhi High Court dismissed an adverse possession claim by a tenant who had occupied a shop for more than 12 years as he had paid rent to the landlord till 2010.
• In 2021, the Madras High Court upheld an adverse possession claim by a woman who had occupied a house for more than 12 years after her husband's death as she had made improvements and paid taxes on it.

Conclusion

Adverse possession is a controversial and complex issue that affects millions of people in India. It involves a conflict between two competing principles: the security of property rights and the prevention of stale claims. While some argue that adverse possession serves a social purpose by settling disputes and ensuring the productive use of land, others contend that it violates human rights and encourages land grabbing. The law of adverse possession needs to be reformed to balance these interests and protect the rights of both the owners and the occupiers.

New Parliament Building For New India

In a significant milestone during the 75th year of Independence, Prime minister of India unveiled new Parliament building. Designed and constructed by Indians, this architectural marvel encapsulates the culture, pride, and spirit of the entire nation and looks forward to fulfilling the longstanding need of Indian democracy to have more spacious parliament as the number of seats and MPs will increase in the coming time.
The new parliament building, developed as a part of Central Vista Redevelopment project, takes care of infrastructural hurdles in parliamentary functioning.
Prime minister inaugurated the parliament and placed ‘Sengol’, the symbol of power transfer to India from the British.

What was the Need for the New Parliament Building?

• Need of More Space:
  • The existing Parliament building, erected in 1927, was never designed to accommodate a bicameral legislature for a fully-fledged democracy, according to the government data.
    • With the number of Lok Sabha seats fixed at 545 since the 1971 Census-based delimitation, the building's seating arrangements have become cramped and cumbersome.
    • During joint sessions, the limited seating capacity exacerbates the problem. Moreover, the lack of space for movement poses a significant security risk. It is likely to increase substantially after 2026 as the freeze on total number of seats is only till 2026.
• Outgrowing the Heritage:
  • The existing Parliament House, commissioned in 1927, is a century-old Heritage Grade-I building. With a substantial increase in parliamentary activities and users over the years, the building's age and limited infrastructure no longer meet the current requirements in terms of space, amenities, and technology.
    • Heritage Grade-I comprises buildings and precincts of national or historic importance, embodying excellence in architectural style, design, technology and material usage and/or aesthetics.
    • They may be associated with a great historic event, personality, movement or institution. They have been and are the prime landmarks of the region. All natural sites shall fall within Grade-I.
• Infrastructure Distress:
  • Ad hoc constructions and modifications have strained the building's infrastructure. The addition of essential services like water supply, air conditioning, and CCTV cameras has led to seepage issues, impacting the building's aesthetics.
  • Moreover, outdated communication structures and inadequate fire safety measures raise concerns about the safety of occupants.
• Concerns of Structural Safety:
  • Old parliament was built when Delhi was in Seismic Zone-II, the current Parliament building now falls within Seismic Zone-IV.
  • This shift raises significant structural safety concerns, necessitating the construction of a new building that meets modern seismic standards.
• Inadequate Office Spaces:
  • Over time, the conversion of inner service corridors into offices has resulted in poor-quality workspaces.
  • Sub-partitions further reduce the already limited space, adversely affecting the productivity and well-being of employees.

What are the Significant Features of the New Parliament Building?

• Optimum Space Utilization:
  • The new Parliament building, standing alongside the existing one, encompasses a built-up area of approximately 65,000 sq m. Its triangular shape ensures efficient utilization of space, accommodating the evolving needs of a growing nation.

• Enhanced Seating Capacity:
  • The new building includes a larger Lok Sabha Hall with a capacity of up to 888 seats and a larger Rajya Sabha hall with up to 384 seats.
  • Joint sessions of Parliament can now accommodate up to 1,272 seats, facilitating inclusive and robust democratic proceedings.
• State-of-the-Art Facilities:
  • A state-of-the-art Constitutional Hall serves as the heart of Indian democracy, placing citizens at the center of governance.
  • The building also offers ultra-modern office spaces equipped with cutting-edge communication technology, promoting efficiency and security.
• Commitment to Sustainability:
  • The new Sansad Bhavan stands as a "Platinum-rated Green Building," reflecting India's dedication to environmental sustainability.
• Cultural Integration:
  • The new Parliament building seamlessly integrates the vibrance and diversity of modern India, incorporating regional arts, crafts, and cultural elements.
• Inclusivity for All:
  • Recognizing the importance of accessibility, the new Parliament building prioritizes divyang (differently-abled) individuals.
  • It ensures that people with disabilities can move freely within the premises, fostering inclusivity and equal participation.
• Galleries and Exhibitions:
  • The public entrances lead to three galleries - the Sangeet Gallery which exhibits dance, song, and musical traditions of India; the Sthapthya Gallery depicts the architectural heritage of the country, and the Shilp Gallery showcases distinct handicraft traditions of different states.
• Enhanced Facilities and Access:
  • The Lok Sabha and the Rajya Sabha chambers boast a digitised voting system, well-engineered acoustics, and state-of-the-art audiovisual systems to ensure effective legislative proceedings.
  • The Ministers’ chambers can be accessed through corridors running parallel to the triangular boundary of the building.
• Symbolic Design:
  • The Lok Sabha hall’s interior, inspired by India's national bird, the peacock, and the Rajya Sabha hall, representing the lotus, India's national flower, embody the rich symbolism of the nation.
  • Installation of Sengol, the symbol of power transfer, is symbolic tribute to power transfer to India.

What is its Overarching Central Vista Redevelopment Project?

• The Central Vista Redevelopment Project is a project that aims to revamp the Central Vista, India’s central administrative area located near Raisina Hill, New Delhi.
• The area was originally designed by Sir Edwin Lutyens and Sir Herbert Baker during British colonial rule and was retained by Government of India after independence. The redevelopment of the project is being overseen by Ar. Bimal Patel.
• Central Vista of New Delhi houses Rashtrapati Bhawan, Parliament House, North and South Block, India Gate, National Archives among others.
• In December 1911, King George V made an announcement in Delhi Durbar (a grand assembly) to shift the capital of India from Calcutta to Delhi.
• The redevelopment project includes:
  • Constructing a triangular Parliament building next to the existing one.
  • Constructing Common Central Secretariat.
  • Revamping of the 3-km-long Rajpath (Kartavya Path) — from Rashtrapati Bhavan to India Gate.
    • North and South Block to be repurposed as museums.

What is the Historical Significance of Sengol?

• Chola Period:
  • The Sengol is derived from the Tamil word "Semmai" which means "Righteousness".
  • It was made of gold and was carried by emperors during ceremonial occasions to represent their authority in Chola empire And was handed over from one king to another as a mark of succession and legitimacy.
    • The Cholas ruled over parts of Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, Odisha, and Sri Lanka from the 9th to 13th century CE.
  • The ceremony was usually performed by a high priest or a guru who blessed the new king and conferred him with the Sengol.
• Before Independence:
  • Before Independence there was a question that, ‘What is the ceremony that should be followed to symbolise transfer of power from British?’
  • C. Rajagopalachari suggested Chola ritual of handing over ‘Sengol’ as suitable ceremony for power transfer as it would reflect India’s ancient civilisation and culture, as well as its unity in diversity.
  • The Sengol was presented to PM Nehru by Thiruvavaduthurai Adheenam (a 500-year-old Saivaite monastery) on August 14, 1947.
  • A golden sceptre was crafted by Vummidi Bangaru Chetty, a famous jeweller in Madras (now Chennai).
  • The Nandi, with its unyielding gaze as the beholder of “Nyaya”, is hand-carved at the top.
• Post Independence:
  • After receiving the Sengol sceptre in 1947, Nehru kept it at his residence in Delhi for some time before donating it to Anand Bhavan Museum in Allahabad (Prayagraj).
    • It remained at Anand Bhavan Museum for over seven decades.
  • In 2021-22, when the Central Vista redevelopment project was underway, the government decided to revive this historical event and install the Sengol sceptre in the new Parliament building.
    • It has been placed near the Speaker’s seat in the new Parliament building, accompanied by a plaque that will explain its history and meaning.
  • The installation of Sengol in the new Parliament building is not just a symbolic gesture but also a meaningful message.
  • It signifies that India’s democracy is rooted in its ancient traditions and values and that it is inclusive and respectful of its diversity and plurality.

How did the Old Parliament Building Come into Being?

• The old parliament building's construction began in 1921 and was completed in 1927 and was designed by the architects Edwin Lutyens and Herbert Baker.
• The building was originally called the Council House and housed the Imperial Legislative Council, the legislature of British India.
• The parliament building's circular shape was inspired by the Colosseum, the Roman historical monument.
• A few Indian elements, such as jaalis and chhatris, were added to the design.

Conclusion

India's new Parliament building is a state-of-the-art facility that showcases India's rich cultural heritage while providing modern amenities for effective legislative proceedings. The government plans to use both the buildings in conjunction for smooth functioning of parliamentary affairs.
It not only reflects India's cultural diversity but also paves the way for an inclusive and efficient democratic process. As the nation embarks on this new chapter, the new Parliament building becomes a beacon of hope and unity, inspiring generations to come.

Need for UCC in India

Why in News?

Indian Prime Minister in his recent address expressed his support for the implementation of a Uniform Civil Code (UCC) in India, stating that India cannot function efficiently with a system of “separate laws for separate communities”.

What is a Uniform Civil Code?

• Origin and History:
  • The British government's 1835 report in colonial India called for uniform codification of Indian law, including crimes, evidence, and contracts.
    • However, the Lex Loci Report of October 1840 suggested that personal laws of Hindus and Muslims should be excluded from this codification.
  • As British rule progressed, the B N Rau Committee was formed in 1941 to codify Hindu law, leading to the enactment of the Hindu Succession Act in 1956.
• Constituent Assembly’s Views on UCC:
  • During the debates in the Constituent Assembly, the inclusion of the UCC sparked significant discussion.
    • There was a vote, resulting in a 5:4 majority, where it was decided by the sub-committee on fundamental rights, led by Sardar Vallabhbhai Patel, that the UCC would not be included as a fundamental right.
    • Dr. B R Ambedkar, while drafting the Constitution, stated that a UCC was desirable but should remain voluntary until the nation was socially prepared to accept it.
    • As a result, the UCC was placed in the Directive Principles of State Policy (DPSP) (Article 44).

What are the Arguments in Favour of UCC?

• Celebrating Diversity, Strengthening Unity: It will promote national integration and secularism by removing the distinctions and contradictions based on religious personal laws and creating a common identity for all citizens.
  • It would also foster a sense of unity and harmony among diverse communities.
  • For example, UCC would enable inter-faith marriages and relationships without any legal hurdles or social stigma.
• Empowering Women through Uniformity: It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws, such as polygamy, unequal inheritance, etc.
• Streamlining Laws for Legal Efficiency: India's current legal system is burdened with complex and overlapping personal laws, leading to confusion and legal disputes.
  • A UCC would simplify the legal framework by consolidating and harmonising various laws into a single code.
  • This would enhance clarity, ease of implementation, and reduce the burden on the judiciary, ensuring a more efficient legal system.
• Drawing Inspiration from Global Success Stories: Many countries across the world like France, have implemented a uniform civil code.
  • A UCC is the sign of a modern progressive nation implying that it has moved away from caste and religious politics.

What are the Arguments Against the UCC?

• Threat to Minority Rights: India's strength lies in its diverse society, and personal laws have been developed to accommodate these diversities.
  • Critics argue that imposing a single code might undermine the cultural and religious autonomy of minority communities, leading to feelings of alienation and marginalisation.
• Judicial Backlog: India already faces a significant backlog of cases, and implementing a UCC could exacerbate the situation.
  • The extensive legal reforms necessary to harmonize personal laws into a single code would demand significant time and effort.
  • Consequently, during this transitional period, the legal system may experience an increased burden due to the emergence of new cases challenging the constitutionality of the UCC.
• Complexities within UCC in Goa: Goa's implementation of a UCC has been praised by the Supreme Court in 2019. However, the ground reality reveals complexities and legal pluralities within the state's UCC.
  • The UCC in Goa permits a specific form of polygamy for Hindus and does not extend the Shariat Act to Muslims (they are governed by Portuguese and Shastric Hindu laws).
  • Additionally, catholics enjoy certain privileges, such as exemption from marriage registration and the ability of Catholic priests to dissolve marriages.
  • This highlights the complexity of personal laws in India, even within a state known for implementing a UCC.

What are the Challenges in Implementing UCC?

• Political Inertia: No political party has shown a sincere and consistent commitment to enact UCC, as it is seen as a sensitive and divisive issue that may alienate their vote banks.
  • Moreover, there is no consensus among various parties and stakeholders on the scope, content and form of UCC, as different groups have different views and interests on personal matters.
• Lack of Awareness and Education: Many people in India are not even aware of their legal rights and obligations under their personal laws or under the common laws.
  • They are also not educated about the benefits and drawbacks of UCC or about the experiences of other countries that have adopted or rejected UCC.
  • They are often influenced by misinformation or propaganda spread by vested interests or communal forces.

Way Forward

• Comparative Analysis: There is a need to conduct a comprehensive comparison analysis of the various personal laws in India. This will help in understanding the commonalities and areas of contention.
• Enactment of Common Principles: Based on the comparative analysis, we can enact a law of personal status that incorporates principles shared by the different personal laws.
  • These common principles, which align closely across various personal laws, can be immediately enforced to establish a uniform legal framework.
• Family Law Board: There is a need to establish a Family Law Board within the Union Law Ministry which would be responsible for studying and recommending changes to personal laws related to family matters.
• Brick by Brick Approach: A just code is far more important than a uniform code; Pilot projects can be initiated in select regions or communities which would demonstrate the viability, acceptance and practicality of a UCC.

District Judiciary

Why in News?

The Supreme Court of India has emphasized the crucial role of the district judiciary in upholding justice and declared its independence as an integral part of the Constitution's basic structure.

• In a recent judgment, the court underscored the need for judicial independence from the executive and legislature, including matters of finances.
• The judgment, based on a petition filed by the All-India Judges Association, has led to significant directions and recommendations for the district judiciary's functioning and welfare.

What is the District Judiciary?

• About:
  • The district judiciary refers to the judicial system at the district level in India. It is the first level of the judiciary and is responsible for hearing and deciding on cases at the local level.
  • The district judiciary is composed of district courts and other lower courts, which are presided over by district judges and other judicial officers.
• Constitutional Provisions
  • Articles 233-237 of the Indian Constitution deal with the provisions related to subordinate courts.
  • Article 233:
    • Deals with the appointment of district judges. Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
  • Article 234:
    • Deals with the recruitment of persons other than district judges to the judicial service.
  • Article 235:
    • Deals with the control over district courts and courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of district judge shall be vested in the High Court.
  • Article 236:
    • Defines the term "judicial service".
• Article 237:
  • Empowers the Governor to apply the provisions of this Chapter to any class or classes of magistrates in a State.
• Importance of district judiciary:
  • The district judiciary performs an important role in upholding the rule of law. The district judiciary plays a vital role in achieving the preambular goal of justice by ensuring access to justice for litigants.
  • The district judiciary, being the most accessible court for litigants, serves as the primary interface between the justice system and the people.

What is the SC Judgement?

• Independence of District Judiciary:
  • The Supreme Court declares the independence of the district judiciary as a crucial part of the Constitution's basic structure.
  • Access to justice, a preambular goal, would remain illusory without impartial and independent judges at the grassroots level.
• No Longer "Subordinate":
  • The term "subordinate judiciary" rejected as it misrepresents the constitutional position of a district judge.
  • The constitution recognizes and protects district judges as vital components of the judicial system.
• Greater respect should be accorded to the district judiciary and its contributions.
• Recognition of District Judiciary's Importance:
  • District judiciary plays a vital role in upholding the rule of law and delivering justice.
  • Handles approximately 1.13 million cases daily, making it the most accessible court for litigants.
  • Showed efficiency in functioning even during the pandemic, ensuring timely delivery of justice.
• Financial Security and Economic Independence for Judicial Officers:
  • Independence of judicial officers serving in the district judiciary is vital to the judicial system.
  • Financial security and economic independence of judicial officers are essential to maintain their impartiality.
  • Judicial officers have been working without a pay revision for nearly 15 years.
• Recommendations and Directions:
  • Enhanced salary, pension, and other retiral benefits ordered for judicial officers.
  • The pay of judicial officers should be stand-alone and not compared to staff in the political executive or legislature.
  • Incentives and promotion opportunities are needed to maintain the high level of functioning of the judiciary.

Face Authentication for PM-Kisan Scheme

Context

The PM-Kisan app introduced a face authentication feature, becoming the first central welfare program to use this technology. This feature allows beneficiary farmers to scan their faces on mobile devices and complete their e-KYC procedure, without requiring one-time passwords or fingerprints.

Details

PM KISAN APP is a mobile application developed by the Government of India to provide financial assistance to small and marginal farmers under the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme. It also provides information on various schemes and initiatives related to agriculture and rural development.

Pradhan Mantri Kisan Samman Nidhi (PM-Kisan) scheme

• The Pradhan Mantri Kisan Samman Nidhi (PM-Kisan) scheme is a flagship initiative of the Government of India to provide income support to farmers.
• The scheme was launched in 2019 and has benefited more than 120 million farmers.
• Under the scheme, eligible farmers receive Rs 6,000 per year in three equal instalments directly into their bank accounts.
• To make the scheme more accessible and convenient for the farmers, the government has also launched a mobile app called PM-Kisan.
  • The app allows farmers to check their payment status, update their details, register for the scheme and access other information related to the scheme.
  • The app is available in 12 languages and can be downloaded from the Google Play Store or the PM-Kisan portal.

Recent update

• Recently, the PM-Kisan app has added a new feature that makes it the first government scheme to have face authentication. This feature enables farmers to verify their identity using their face image captured by the app.
• The face authentication feature is based on artificial intelligence and machine learning technologies and uses the Aadhaar database to match the face images of the farmers.
• The face authentication feature has several benefits for farmers and the government.
  • It reduces the need for physical verification of documents and biometric authentication, which can be time-consuming and costly.
  • It enhances the security and transparency of the scheme by preventing fraud and misuse of funds.
  • It improves the user experience and convenience of the app by making it easier and faster for farmers to access the scheme.

Some examples of how the face authentication feature works

• A farmer who wants to register for the PM-Kisan scheme can use the app to scan his Aadhaar card and then take a selfie. The app will compare his face image with the Aadhaar database and verify his identity within seconds.
• A farmer who wants to check his payment status can use the app to log in with his face image. The app will show him his payment history and balance without asking for any other credentials.
• A farmer who wants to update his details such as bank account number or address can use the app to do so with his face image. The app will validate his changes and send him a confirmation message.

Conclusion

The face authentication feature is currently being tested in a pilot mode in some states and will be rolled out nationwide soon. The government hopes that this feature will further boost the adoption and satisfaction of the PM-Kisan scheme among the farmers and help them achieve their financial goals.