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

Jan Vishwas (Amendment of Provisions) Bill, 2023

Why in News?

• Among the Bills set to be taken up during the Monsoon Session of the Parliament, is the Jan Vishwas (Amendment of Provisions) Bill 2023.

 About the Jan Vishwas (Amendment of Provisions) Bill 2023

• It seeks to redefine the regulatory landscape of the country with decriminalisation of minor offences under 42 Acts to reduce compliance burden and promote ease of living and doing business in the country.
• It was tabled in Parliament by the Union Ministry of Commerce and Industry last year and later referred to a Joint Parliamentary Committee (JPC) for review.
• The JPC presented its report with recommendations to Parliament during the Budget Session.
• As per reports, most recommendations of the JPC have been approved by the Union Cabinet, clearing the way for its passing.

 What does the Bill Propose?

• Decriminalising of 180 offences across 42 laws governing environment, agriculture, media, industry and trade, publication, etc.
• It seeks to completely remove or replace imprisonment clauses with monetary fines, to provide a boost to the business ecosystem and improve the well-being of the public.
• The Bill also proposes compounding of offences in some provisions.
• The Bill removes all offences and penalties under the Indian Post Office Act, 1898.
• Changes in grievance redressal mechanisms and the appointment of one or more Adjudicating Officers for determining penalties.
• A periodic revision of fines and penalties (an increase of 10% of the minimum amount every 3 years) for various offences in the specified Acts.

Some Key Laws in the Draft Legislation

• The Indian Forest Act, 1927
• The Air (Prevention and Control of Pollution) Act, 1981 
• The Information Technology Act, 2000
• The Environment (Protection) Act, 1986
• The Copyright Act, 1957
• The Motor Vehicles Act, 1988
• The Railways Act, 1989
• The Cinematograph Act, 1952
• The Agricultural Produce (Grading & Marking) Act, 1937
• The Food Safety and Standards Act, 2006
• The High Denomination Bank Notes (Demonetisation) Act, 1978, etc.

 What is the Need for such a Law?

• MSMEs are the backbone of the Indian economy and contribute significantly to the GDP.
• For these enterprises to make a shift to the formal sector and generate jobs and income, there must be effective and efficient business regulations in place that eliminate unnecessary red tape.
• Currently, there are 1,536 laws which translate into around 70,000 compliances that govern doing business in India.
• A 2022 report by the ORF on imprisonment clauses in business laws revealed that among the 69,233 unique compliances that regulate business in India, 26,134 have imprisonment clauses as a penalty for non-compliance.
• These excessive compliances have proved onerous for business enterprises, especially MSMEs, creating barriers to the smooth flow of ideas and the creation of jobs, wealth and GDP.
• Moreover, the lengthy processing times for the needed approvals can escalate costs and dampen the entrepreneurial spirit. 

 Significance of the Bill

• Reducing compliance burden gives impetus to business process reengineering and improves ease of living of people.
• It would accelerate investment decisions due to smoother processes and attracting more investment.
• The Bill is also aimed at reducing judicial burden. As per the National Judicial Data Grid, out of a total of 4.4 crore pending cases, 3.3 crore cases are criminal proceedings.
  • Settlement of a large number of issues, by compounding method, adjudication and administrative mechanism, without involving courts, will save time, energy and resources.
• To summarise, the Bill seeks to bolster ‘trust-based governance’.

 Are there any Concerns?

• The monetary fines or penalties are not a good enough attempt at ‘decriminalisation’. Hence, the Bill undertakes ‘quasi-decriminalisation.’
• The blanket removal of imprisonment provision might also remove the deterrence effect of the environmental legislation, especially for large corporations profiteering from the offence.
• Adjudicating Officers may lack the technical competence necessary to decide all penalties under the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act 1986.
• Many offences proposed to be removed in the Bill have nothing to do with its objective of decriminalisation to promote ease of doing business - like theft or misappropriation of postal articles.

SC on Tenure Extensions of Enforcement Directorate Chief

Context

• The SC asked the ED Director to quit (4 months before his third extension ends) even as it upheld statutory amendments which facilitate the tenures of Directors of the CBI and the ED to be stretched.

The timeline which leads to the recent verdict

• The current Enforcement Directorate (ED) Director (Mr SK Mishra) was appointed for a two-year term in 2018.
• In 2020, the original appointment was retrospectively amended to make it a three-year tenure.
• In 2021, the SC directed the government to stop giving extensions to the ED Director.
• In order to tweak the above verdict, amendments were enacted in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act.
• This allows a maximum of 3 annual extensions (taking a total term of 5 years) to the Directors of CBI and ED on the recommendation of High-Level Committees.
• Earlier, CBI and ED chiefs have fixed tenures of two years.
• He was given two annual extensions in 2021 and 2022, despite crossing the age of superannuation.

 The High-Level Committees

• A five-member panel composed of the Central Vigilance Commissioner and Vigilance Commissioners had to recommend if an ED Director was worthy of an extension in service.
• In the case of the CBI Director, a High-Level Committee of the Prime Minister, Opposition Leader and the Chief Justice of India had to recommend.
• These committees were required to record reasons in writing in support of their recommendations.
• The back-to-back service extensions given to the ED Director in 2021 and 2022 were illegal, as they were not as per the recommendations of the High-Level Committees.
• By upholding the 2021 amendments, the court disagreed with the argument that the Centre could use the service extensions as a ‘carrot and stick’ policy – against the principle of insulating these agencies from government pressure.

 Takeaways from the SC’s verdict

• A setback to the cause of protecting institutional independence.
  • While the part of the judgement quashing the extensions given to the ED Director, may be welcomed, the rest of it is a free pass to the government to undermine the autonomy of these agencies.
• Even though Parliament can remove the basis for any judgement through legislation, it cannot nullify a court direction.
  • The Court’s earlier observation that such extension should be given to those who have attained superannuation only in “rare and exceptional cases”, was ignored by the government.

Conclusion

At a time when there is a cloud of suspicion over the misuse of government agencies against political opponents, the Court’s endorsement of a tenure extension system designed to undermine their independence is not conducive to the rule of law.

PM-DevINE Scheme

Why in News?

• The Union Ministry for the Ministry of Development of North Eastern Region provided recent updates on the Prime Minister's Development Initiative for North Eastern Region (PM-DevINE).

What is PM-DevINE?

1. The Genesis of PM-DevINE
   • The PM-DevINE scheme as a Central Sector scheme, was introduced as a part of the Union Budget 2022-23.
   • The Cabinet granted approval for the PM-DevINE scheme on 12th October 2022. It has been granted 100% Central funding, ensuring that resources are directly allocated to the development initiatives.
   • It will be implemented by Ministry of Development of North-East Region.
2. Objectives of PM-DevINE
   • Infrastructure Development: In line with the spirit of PM GatiShakti, PM-DevINE aims to fund infrastructure projects in a cohesive manner, ensuring seamless connectivity and accessibility across the NER.
   • Supporting Social Development Projects: Recognizing the unique needs and challenges of the NER, the scheme endeavors to support social development projects that address critical issues and improve the overall quality of life for the region's inhabitants.
   • Empowering Youth and Women: PM-DevINE seeks to create livelihood opportunities specifically targeting the youth and women of the NER, enabling them to participate actively in the region's development and progress.
3. Budget Allocation
   • The scheme received an initial allocation of Rs. 1500 crore in the Union Budget 2022-23.
   • Over the 4-year period from 2022-23 to 2025-26, which aligns with the remaining years of the 15th Finance Commission period, the scheme has an overall outlay of Rs. 6,600 crore.
   • A state-wise, project-wise list of projects approved during FY 2022-23 has been laid out, with each project tailored to address the specific needs of the respective states.

Cyber Crime

Why in News?

• The Indian government has taken significant steps to strengthen the mechanism for dealing with Cybercrimes in a comprehensive and coordinated manner.

What is Cyber Crime?

1. About
   • Cybercrime is defined as a crime where a computer is the object of the crime or is used as a tool to commit an offense.
   • Cybercrimes fall under State subjects as per the Seventh Schedule of the Constitution of India.
   • It involves illegal or unauthorized activities that exploit technology to commit various forms of crimes.
   • Cybercrime covers a wide range of offenses and can affect individuals, organizations, and even governments.
2. Types
   • Distributed Denial-of-Service (DDoS) Attacks: These are used to make an online service unavailable and take the network down by overwhelming the site with traffic from a variety of sources.
   • Botnets: Botnets are networks from compromised computers that are controlled externally by remote hackers. The remote hackers then send spam or attack other computers through these botnets.
   • Identity Theft: This cybercrime occurs when a criminal gains access to a user’s personal information or confidential information and then tries to tarnish reputation or seek a ransom.
   • Cyberstalking: This kind of cybercrime involves online harassment where the user is subjected to a plethora of online messages and emails. Typically, cyberstalks use social media, websites, and search engines to intimidate a user and instill fear.
   • Phishing: It is a type of social engineering attack often used to steal user data, including login credentials and credit card numbers. It occurs when an attacker, masquerading as a trusted entity, dupes a victim into opening an email, instant message, or text message.

What are the Challenges Related to Cyber Security in India?

1. Profit-Friendly Infrastructure Mindset
   • Post liberalisation, the Information Technology (IT), electricity and telecom sector have witnessed large investments by the private sector.
   • Operators are not investing in protective infrastructure, rather they are focused on the profitable infrastructure only, because they think investment on cyber-attack preparedness may not generate good profits.
   • All operators are focused on profits, and do not want to invest in infrastructure that will not generate profits (i.e. protective infrastructure).
2. Absence of Separate Procedural Code
   • There is no separate procedural code for the investigation of cyber or computer-related offences.
3. Trans-National Nature of Cyber Attacks
   • Most cybercrimes are trans-national in nature. The collection of evidence from foreign territories is not only a difficult but also a tardy process.
4. Expanding Digital Ecosystem
   • In the last couple of years, India has traversed on the path of digitalizing its various economic factors and has carved a niche for itself successfully.
   • The latest technologies like 5G and Internet of Things (IoT) will increase the coverage of the internet-connected ecosystem.
   • With the advent of digitalisation, paramount consumer and citizen data will be stored in digital format and transactions are likely to be carried out online which makes India a breeding ground for potential hackers and cyber-criminals.
5. Limited Expertise and Authority
   • Offenses related to crypto-currency remain under-reported as the capacity to solve such crimes remains limited.
   • Although most State cyber labs are capable of analysing hard disks and mobile phones, they are yet to be recognized as 'Examiners of Electronic Evidence' (by the central government). Until then, they cannot provide expert opinions on electronic data.

What Measures Can be Taken to Tackle Cyber Crimes in India?

1. Cybersecurity Awareness Campaign
   • The governments at various levels need to conduct massive cybersecurity awareness campaigns, regarding Cyber frauds, use strong, unique passwords, being careful using public wi-fi, etc.
2. Cyber Insurance
   • Develop cyber insurance policies that are tailored to the specific needs of different businesses and industries. Customized policies will help ensure that organizations have coverage for the most relevant cyber risks they face.
   • Cyber insurance provides financial coverage against losses resulting from cyber incidents and by mitigating the financial impact of these incidents, organizations can recover more quickly and continue their operations.
3. Data Protection Law
   • Data is referred to as the new currency, thus is a requirement for a stringent data protection regime in India.
   • In this context, the European Union's General Data Protection Regulation and India’s Personal Data Protection Bill, 2019 are steps in the right direction.
4. Collaborative Trigger Mechanism
   • For a country like India where the citizenry is more vulnerable to cybercrime, there is an urgent need for a collaborative trigger mechanism.
   • This mechanism would bind all parties and enable law enforcers to act quickly and safeguard citizens and businesses from a fast-growing menace.
   • In this context, the Indian Cyber Crime Coordination Centre will assist in centralizing cybersecurity investigations, prioritize the development of response tools and bring together private companies to contain the menace.

Conclusion

• It is of critical importance to ensure global cooperation through information sharing and strengthening joint efforts in cybersecurity research and development as most cyberattacks originate from beyond the borders.
• It is important for the corporates or the respective government departments to find the gaps in their organisations and address those gaps and create a layered security system, wherein security threat intelligence sharing is happening between different layers.

Suspension of MPs from Parliament

Why in News?

Recently, one of the MPs (Member of Parliament) of the Rajya Sabha has been suspended for “violating” the directives of the chair.

• The Rajya Sabha has been witnessing protests from the opposition over the Manipur Issue. They are demanding the Prime Minister's response to the matter, and as a result, one of the involved MPs was suspended.

What is the Process of Suspension of MPs?

1. General Principle
   • The general principle is that it is the role and duty of the Presiding Officer — Speaker of Lok Sabha and Chairman of Rajya Sabha — to maintain order so that the House can function smoothly.
   • To ensure that proceedings are conducted in the proper manner, the Speaker/ Chairman is empowered to force a member to withdraw from the House.
2. Rules of Procedure and Conduct:
3. Terms of Suspension
   • The maximum period of suspension is for the remainder of the session.
   • Suspended members cannot enter the chamber or attend the meetings of the committees.
   • He will not be eligible to give notice for discussion or submission.
   • He loses the right to get a reply to his questions.

What are Interventions by the Court?

• Article 122 of the Constitution says parliamentary proceedings cannot be questioned before a court.
• Although courts have intervened in the procedural functioning of the legislature like,
• Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
  • The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.

Way Forward

• It is difficult to deal with planned parliamentary offenses and deliberate disturbances for publicity or political reasons.
• So, opposition members should play a constructive role in Parliament and they should be allowed to put forward their views and express themselves in a dignified manner.
• There is a need to strike a balance between deliberate disruption and raising the important issue.

Motions in Parliament

Why in News?

Recently, a Member of Parliament moved adjournment motion in the Lok Sabha citing the need for urgent discussions on ethnic violence in Manipur.

• A motion is a formal proposal made by a member in a House of Parliament to initiate a debate or a decision on a matter.

What are the Different Types of Motions Used in Parliament?

1. Adjournment Motion
   • A motion for adjournment is moved to discuss a definite matter of urgent public importance and must be of immediate concern, with the Speaker's consent.
   • It needs the support of 50 members to be admitted. As it interrupts the normal business of the House, it is regarded as an extraordinary device.
   • This motion is available in the Lok Sabha but not in the Rajya Sabha.
   • It is important to note that the passage of an adjournment motion does not require the government to resign, but it is considered a strong censure of the government.
2. Closure Motion
   • It is a motion moved by a member to cut short the debate on a matter before the House. If the motion is approved by the House, debate is stopped forthwith, and the matter is put to vote.
3. Motion with a Vote
   • This type of motion is brought under Rule 184 in the Lok Sabha. It allows for a debate with a vote on a specific question, and the outcome of the vote determines Parliament's position on the issue.
   • If such a motion is passed, it obliges the government to follow Parliament's decision on the matter.
   • However, motions with a vote are relatively rare and are usually reserved for matters of significant national importance.
4. Short Duration Discussion
   • Under Rule 193 of the Lok Sabha rules and Rule 176 of the Rajya Sabha rules, short duration discussions can take place.
   • A short duration discussion allows MPs to discuss a specific issue of public importance without voting on it. The debate usually takes place for a fixed duration, not exceeding two hours.
   • The purpose of such discussions is to bring attention to important issues and allow diverse perspectives to be heard without taking any formal decisions.
5. No-Confidence Motion
   • This is a motion moved in the Lok Sabha (and not in the Rajya Sabha) to test the confidence of the government.
   • The motion needs the support of 50 members to be admitted.
   • If a no-confidence motion is passed, the government must resign.
   • No-confidence motions are significant political events that usually occur when there is a perception of the government losing majority support.
6. Confidence Motion
   • It is passed when the governments formed with wafer-thin majority have been called upon by the President to prove their majority on the floor of the House
   • Passage indicates the government's continued mandate to govern.
7. Privilege Motion
   • A member can initiate this motion when they believe a minister has violated the privileges of the House or its members by withholding crucial information about a case or providing inaccurate and manipulated facts.
   • The primary aim of this motion is to express disapproval and criticize the respective minister's actions.
8. Motion of Thanks
   • It is a parliamentary procedure to express gratitude for the President's Address at the commencement of Lok Sabha.
   • At the end of the discussion, the motion is put to vote. This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.
9. Cut Motion
   • Proposed to reduce the amount of a demand in the budget.
   • Their passage by the Lok Sabha amounts to the expressions of want of parliamentary confidence in the government and may lead to its resignation.

Governor’s Powers in Dismissing a Minister

Context

The recent dismissal and subsequent reversal of a Minister in the Council of Ministers of Tamil Nadu by Governor R.N. Ravi has sparked a debate over the constitutional powers of Governors and their potential impact on state governments. This article examines whether Governors have the authority to dismiss individual Ministers without the recommendation of the Chief Minister, and argues that such actions could undermine the federal system and the constitutional framework.

The Power of Governors in Dismissing Ministers

• Under Article 164 of the Constitution, the Chief Minister is appointed by the Governor, but the appointment of individual Ministers is done based on the Chief Minister's advice. This implies that the Governor cannot appoint a Minister at their own discretion and can only dismiss a Minister upon the Chief Minister's advice.
• The discretion to choose and dismiss Ministers lies with the Chief Minister, who is accountable to the people. The Constitution does not grant the Governor the authority to exercise this discretion.

Historical Perspective: The Government of India Act, 1935

• Examining the Government of India Act, 1935 provides further clarity on this matter. Section 51(1) of the Act states that "the Governor's Ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure." This section establishes that Ministers are chosen by the Governor and serve at their pleasure. Sub-section 5 of Section 51 further affirms that the Governor exercises discretion in choosing and dismissing Ministers and determining their salaries.
• From the provisions in the Government of India Act, 1935, two key points emerge: Ministers are chosen by the Governor, and their dismissal is at the Governor's discretion. This approach allowed for arbitrary hiring and firing during colonial rule.

Governor as a Constitutional Head

• The recent actions of the Tamil Nadu Governor suggest a misunderstanding of the powers conferred upon Governors in independent India. In the constitutional system of India, Governors are mere constitutional heads and can only act based on the advice of the Council of Ministers, headed by the Chief Minister.
• B.R. Ambedkar, a key figure in the drafting of the Indian Constitution, explicitly stated that Governors have no independent executive functions under the Constitution. Therefore, the selection and dismissal of Ministers no longer fall within the Governor's discretion. It is the Chief Minister who has the authority to choose and recommend the removal of a Minister.

Understanding the "Pleasure Doctrine"

• While the pleasure doctrine is incorporated into the Indian Constitution from the Government of India Act, 1935, it should be noted that the terms "chosen," "dismissal," and "discretion" were omitted when drafting Article 164. This omission signifies that the Constitution does not grant the Governor any discretion to select or dismiss an individual Minister.

Judicial Clarification

• The Supreme Court of India has clarified the position of Governors in the constitutional setup through various cases. In Shamsher Singh and Nabam Rebia cases, the court held that Governors can exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers, with limited discretionary powers as defined in Article 163(1). The court also invalidated previous decisions that granted Governors unfettered power under Article 164.

Conclusion

The dismissal of a Minister by the Governor of Tamil Nadu without the Chief Minister's advice is constitutionally incorrect. Such actions can disrupt the constitutional system and raise concerns about the stability of state governments. While it is reported that the Governor later suspended the dismissal order for legal consultation, the issue of dismissing a Minister without the Chief Minister's advice remains a threat to the constitutional framework.

The Places of Worship Act, 1991

Why in News?

The Supreme Court of India has adjourned the case regarding the validity of the Places of Worship Act of 1991, allowing the Centre until October 31, 2023, to clarify its stand on the matter.

What is the Places of Worship Act?

About

• It was enacted to freeze the status of religious places of worship as they existed on August 15, 1947, and prohibits the conversion of any place of worship and ensures the maintenance of their religious character.

Major Provisions of the Act

1. Prohibition of Conversion (Section 3)
   • Prevents the conversion of a place of worship, whether in full or part, from one religious' denomination to another or within the same denomination.
2. Maintenance of Religious Character (Section 4(1)):
   • Ensures that the religious identity of a place of worship remains the same as it was on August 15, 1947.
3. Abatement of Pending Cases (Section 4(2)):
   • Declares that any ongoing legal proceedings concerning the conversion of a place of worship's religious character before August 15, 1947, will be terminated, and no new cases can be initiated.
4. Exceptions to the Act (Section 5)
   • The Act does not apply to ancient and historical monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
   • It also excludes cases that have already been settled or resolved and disputes that have been resolved by mutual agreement or conversions that occurred before the Act came into effect.
   • The Act does not extend to the specific place of worship known as Ram Janmabhoomi-Babri Masjid in Ayodhya, including any legal proceedings associated with it.
5. Penalties (Section 6)
   • Specifies penalties, including a maximum imprisonment term of three years and fines, for violating the Act.

Criticism

1. Bar on Judicial Review
   • Critics argue that the Act prevents judicial review, which is a fundamental aspect of the Constitution.
   • They believe this restriction undermines the checks and balances system and limits the judiciary's role in protecting constitutional rights.
2. Arbitrary Retrospective Cutoff Date
   • The Act is criticized for using an arbitrary date (Independence Day, 1947) to determine the status of religious places.
   • Opponents argue that this cutoff date disregards historical injustices and denies redressal for encroachments before that date.
3. Violation of the Right to Religion
   • Critics claim that the Act infringes upon the religious rights of Hindus, Jains, Buddhists, and Sikhs.
   • They argue that it restricts their ability to reclaim and restore their places of worship, impeding their freedom to practice their religion.
4. Violation of Secularism
   • Opponents argue that the Act violates the principle of secularism, which is a core component of the Constitution, and favours one community over others
   • They contend that this undermines the equal treatment of religions under the law.
5. Exclusion of Ayodhya Dispute
   • The Act is specifically criticized for excluding the land involved in the Ayodhya dispute.
   • Opponents question its consistency and raise concerns about the differential treatment of religious sites.

Supreme Court’s Stance on the Act

• The Supreme Court views the Places of Worship Act as a legislative intervention that upholds the commitment to secularism, a fundamental aspect of the Indian Constitution.
• The Act enforces the constitutional obligation of the State to ensure equality among all religions. It guarantees the preservation of places of worship for every religious community.

Way Forward

• Undertake a thorough review of the Places of Worship Act to address criticisms and shortcomings.
• Ensure the Act does not restrict judicial review, preserving the judiciary's role in upholding constitutional rights.
• Strike a balance between preserving religious character and respecting the rights of different communities.
• Involve public consultation, ensure transparency, and review the exclusion of specific sites to promote fairness and consistency.