ExplainedSC Judgements | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Mains level: Reservation in India; Fundamental Right;
Why in the News?
Recently, the Supreme Court stated that reservation is not a fundamental right. Articles 16(4) and 16(4-A) of the Constitution allow the government to provide reservations, but they do not make it mandatory. However, if the government decides not to give reservations, it must have valid reasons and supporting data to justify its decision.
What is the legal status of reservation in India?
Constitutional provisions:
Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs).
Article 16(4) enables the State and Central Governments to reserve seats in government services for SCs and STs.
Article 16(4A), introduced via the 77th Constitutional Amendment in 1995, empowers the government to provide reservations in promotions for SCs and STs if they are not adequately represented in public services. This was later modified by the 85th Amendment in 2001 to include consequential seniority.
Article 338B gives constitutional status to the National Commission for Backward Classes (NCBC).
Article 342A empowers the President to notify the list of Socially and Educationally Backward Classes (SEBC) for any state or union territory, which can only be amended by Parliament.
Article 46 states that the State shall promote the educational and economic interests of the weaker sections, particularly SCs and STs, and protect them from social injustice and exploitation.
Judicial precedence:
Champakam Dorairajan vs. State of Madras (1951): The Supreme Court ruled against communal reservations, leading to the First Constitutional Amendment, which introduced Article 15(4).
Indra Sawhney vs. Union of India (1992): The Supreme Court capped caste-based reservations at 50%, ruling that reservations should not destroy the concept of equality. It also mandated the exclusion of the “creamy layer” among Other Backward Classes (OBCs) from reservation benefits and stated that there should not be reservation in promotions.
M. Nagaraj v. Union of India (2006): The Supreme Court upheld the constitutional validity of Article 16(4A) but stated that any reservation policy must ensure the SC/ST community is socially and educationally backward, not adequately represented in public employment, and that such policy shall not affect the overall efficiency in the administration.
Janhit Abhiyan vs Union Of India (2022): The Supreme Court upheld the 103rd Constitutional Amendment, which introduced 10% reservation for Economically Weaker Sections (EWS) from unreserved classes, even if it exceeds the 50% limit on total reservations.
Under what conditions can the state deny or grant reservations?
Based on Quantifiable Data: The State must collect quantifiable data to assess the underrepresentation of backward classes before granting reservations. Example:M. Nagaraj v. Union of India (2006) required the government to prove inadequate representation before providing reservations in promotions.
No Arbitrary Decisions: Reservations cannot be granted or denied arbitrarily and they must be backed by valid reasoning and legal justification. Example: The Supreme Court ruled in State of Kerala v. N.M. Thomas (1976) that reservation policies should be rational and not violate the right to equality.
Transparency in Public Employment: The government must clearly specify reservation details (total posts, reserved/unreserved categories) in job advertisements. If no reservation is provided, it must be justified. Example: The Supreme Court struck down a 2010 recruitment process in Palamu, Jharkhand for failing to mention reservation details, deeming it non-transparent.
How does the Supreme Court balance reservation with equality and fairness?
Reservations Are Enabling, Not Mandatory: The Court clarifies that Articles 16(4) and 16(4-A) are enabling provisions, meaning the State may grant reservations but is not obligated to do so.
Ensuring No Arbitrary Decisions: The State must base its decision on quantifiable data regarding underrepresentation. Arbitrary refusal or granting of reservations is unconstitutional.
50% Ceiling on Reservations: As per the Indra Sawhney judgment (1992), reservations should not exceed 50%, ensuring fair opportunities for all, unless exceptional circumstances justify exceeding the limit.
Merit and Social Justice Balance: The Court emphasizes that reservation should uplift disadvantaged groups without compromising meritocracy in public employment and education.
Judicial Scrutiny to Prevent Abuse: Courts can strike down reservation policies if they are found to be politically motivated, lacking empirical justification, or violating Articles 14 and 16 (equality in public employment).
Way forward:
Data-Driven Reservation Policies: The government should ensure periodic empirical assessment of backwardness and representation to justify reservations, preventing misuse and ensuring targeted benefits.
Balancing Merit and Affirmative Action: Strengthen skill development, education, and economic empowerment programs to reduce long-term reliance on reservations while ensuring fair representation in public employment and education.
Mains PYQ:
Q Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment. (UPSC IAS/2016)
From UPSC perspective, the following things are important :
Prelims level: Doctrine of Pith and Substance
Why in the News?
In a landmark ruling, the Supreme Court has reaffirmed theDoctrine of Pith and Substance, holding that the Centre cannot impose service tax on lottery distributors as the power to tax lotteries falls exclusively within the jurisdiction of state governments.
Why did the Supreme Court dismiss the Centre’s Plea?
Lotteries Are Not a Service but Gambling: The court ruled that the relationship between states and lottery distributors is buyer-seller, not principal-agent, making service tax inapplicable.
Exclusive Taxing Power of States: The Constitution grants state legislatures the authority to tax betting and gambling, including lotteries.
Parliamentcannot override this through residuary powers (Entry 97 – List I) as taxation on lotteries is already covered under Entry 62 – List II.
Doctrine of Pith and Substance Applied: The court ruled that the dominant nature of lotteries is gambling, even if marketing and promotion involve service elements.
Since the primary focus remains within the State List, the Centre cannot impose service tax on it.
Sikkim High Court Ruling Upheld: The SC upheld the 2012 Sikkim HC decision, which declared Section 65(105) of the Finance Act, 1994 (as amended in 2010) unconstitutional, as it attempted to impose service tax on lottery-related activities.
What is Doctrine of Pith and Substance?
The Doctrine of Pith and Substance helps determine whether a law’s dominant purpose falls within the legislative competence of the enacting government.
Key Features:
Examines the true nature of a law, rather than incidental overlaps.
Resolves Centre-State conflicts over legislative powers.
Allows minor encroachments if the primary subject falls within the legislature’s authority.
Major Supreme Court Cases Applying the Doctrine:
State of Bombay v. FN Balsara (1951): Upheld a state alcohol prohibition law, despite minor overlaps with Union subjects.
Prafulla Kumar Mukherjee v. Bank of Commerce (1947): Allowed incidental encroachment as long as the law’s primary focus was within its jurisdiction.
Application in Lottery Taxation Case:
The Centre’s argument for taxing lotteries under Entry 97 – List I was rejected.
The dominant purpose of lottery transactions is gambling, which states exclusively regulate and tax.
PYQ:
[2016] The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership
(d) Rajya Sabha by a majority of not less than two thirds of its members present and voting
SC Judgements | | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 22 of the Indian Constitution
Why in the News?
The Supreme Court ruled that informing an arrested person of the grounds of arrest is a mandatory constitutional obligation, not a mere formality. Failure to comply makes the arrest illegal, violating Articles 22(1) and 21, which protect fundamental rights and personal liberty.
About Article 22 of the Indian Constitution:
Article 22 of the Indian Constitution ensures protection to individuals against arbitrary arrest and preventive detention.
It has two parts:
1. Article 22(1) & 22(2) – Protection in Ordinary Arrests:
The arrested person must be informed of the grounds of arrest as soon as possible.
The person has the right to consult and be defended by a lawyer of their choice.
They must be produced before a magistrate within 24 hours.
2. Article 22(3) to 22(7) – Preventive Detention Provisions:
Preventive detention without trial cannot exceed 3 months, unless approved by an Advisory Board.
The government may deny disclosure of reasons if it affects public interest.
Parliament can extend detention beyond 3 months in special cases.
Key Highlights of Supreme Court’s Recent Judgment:
The Supreme Court ruled that informing an arrested person of the grounds of arrest is a fundamental right.
Non-compliance violates both Articles 22(1) and 21 (Right to Liberty), rendering the arrest invalid.
Grounds of arrest must be clearly conveyed in an effective manner.
Providing the grounds in writing is the best practice (as suggested in Pankaj Bansal vs Union of India).
As per Section 50A of CrPC, the accused’s family or nominated person must also be informed to allow legal representation.
Magistrates must ensure compliance. If Article 22(1) is not followed, the arrest is illegal, and the accused must be released.
Violation of Article 22(1) is a ground for Bail. Even if statutory restrictions on bail exist, courts can grant bail if fundamental rights are violated.
If the accused claims non-compliance, the Investigating Officer must prove that Article 22(1) was followed.
Relevant Supreme Court Judgments:
Pankaj Bansal vs Union of India (2023): SC advised that grounds of arrest should ideally be provided in writing.
Maneka Gandhi vs Union of India (1978): “Procedure established by law” must be fair, just, and reasonable.
DK Basu vs State of West Bengal (1997): Established guidelines to prevent custodial abuse and ensure due process.
Ram Manohar Lohia vs State of Bihar (1965): Distinguished between law and order (individual impact) and public order (societal impact).
PYQ:
[2021] With reference to India, consider the following statements:
Judicial custody means an accused is in the custody of the concerned magistrate and such an accused is locked up in a police station, not in jail.
During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
From UPSC perspective, the following things are important :
Prelims level: Article 200
Why in the News?
The Supreme Court has criticized Tamil Nadu Governor for creating an “impasse” by withholding assent to state bills and later referring them to the President, questioning his handling of state bills under Article 200 of the Constitution. The Governor has withheld 12 Bills, primarily concerning higher education and the appointment of Vice-Chancellors in State universities.
Judicial Precursor: Rameshwar Prasad Case (2005)
Article 361 provides immunity to Governors from court proceedings for actions taken in their official capacity.
However, in Rameshwar Prasad & Ors. vs Union of India & Anr., the Supreme Court ruled that:
Immunity under Article 361 does not prevent judicial review of the Governor’s actions.
If a Governor withholds assent with malicious intent, the decision can be deemed unconstitutional.
Governors must provide valid reasons for withholding assent, as they cannot act arbitrarily.
What is Article 200?
Article 200 governs the Governor’s options when a Bill passed by the State Legislature is presented for approval.
It outlines the Governor’s discretionary powers regarding assenting, withholding, returning, or reserving Bills.
Provisions and Features:
The Governor has four options when presented with a State Legislature Bill:
Assent to the Bill: The Bill becomes law.
Withhold Assent: The Governor can refuse approval.
Return the Bill: If it is NOT a Money Bill, the Governor can send it back to the State Legislature for reconsideration.
Reserve the Bill for the President’s Consideration: If the Bill-
Violates the Constitution or a Central law.
Affects national interests or is ultra vires.
Opposes the Directive Principles of State Policy (DPSP).
Concerns compulsory property acquisition under Article 31A.
Endangers the position of the State High Court (mandatory reservation).
Article 201 deals with Bills reserved for the President’s approval, granting the President the power to:
Assent to the Bill or withhold assent.
Return the Bill for reconsideration by the State Legislature.
Key Constitutional Debates:
No time limit exists for the Governor to act, leading to delays and constitutional challenges.
Judicial scrutiny has questioned prolonged withholding of assent, as seen in recent Supreme Court cases.
PYQ:
[2014] Which of the following are the discretionary powers given to the Governor of a State?
Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
Reserving certain bills passed by the State Legislature for consideration of the President of India
Making the rules to conduct the business of the State Government
Select the correct answer using the code given below:
From UPSC perspective, the following things are important :
Mains level: Forest Right; Forest Cover;
Why in the News?
On December 18, 2024, the Supreme Court ordered Rajasthan’s Forest Department to map all sacred groves using satellite and ground surveys based on their cultural and ecological importance, regardless of their size.
Note: In Rajasthan, sacred groves, locally known as ‘orans’, are estimated to number around 25,000, covering approximately 6 lakh hectares across the state.
What are the implications of the December 18 order?
Conflict with the Forest Rights Act (FRA), 2006 – The order contradicts the FRA, which was enacted to recognize and vest forest rights with gram sabhas. Instead, the decision shifts control from communities to the Forest Department.
Loss of Community Autonomy – Sacred groves, which have been traditionally protected by local communities, will now be governed by state authorities, potentially disrupting cultural conservation practices.
Potential Erosion of Traditional Governance Systems – The transfer of management could weaken customary laws and traditional conservation practices that have preserved these groves for generations.
Legal Precedence for Future Cases – By prioritizing the Wildlife Protection Act (WLPA), 1972, over the FRA, this order may set a precedent for other community-managed lands to be taken over by the Forest Department.
Impact on Livelihoods and Religious Practices – Communities that depend on sacred groves for religious, medicinal, and cultural purposes may face restrictions under the new classification as ‘community reserves’.
What did T.N. Godavarman v. Union of India establish about the definition of ‘forest land’?
Broad Definition: The Supreme Court established that ‘forest land’ includes not only areas understood as forests in the dictionary sense but also any area recorded as forest in government records, regardless of ownership.
Expert Committees: The ruling directed state governments to form expert committees to identify areas that fit this definition of ‘forest land’.
How are sacred groves traditionally conserved by communities?
Watershed & Ecological Functions: Many sacred groves protect natural water sources, prevent soil erosion, and regulate local climate. Example: Orans (Rajasthan) – These groves support perennial water streams and serve as critical grazing lands for livestock.
Strict Protection through Customary Laws & Taboos: Communities impose strict prohibitions on tree felling, hunting, or resource extraction in sacred groves. Example: Sarpa Kavu (Kerala) – These groves are dedicated to serpent deities, and cutting trees is considered a bad omen.
Religious & Cultural Practices for Conservation: Rituals, festivals, and community prayers reinforce the spiritual importance of these groves. Example: Devara Kadu (Karnataka) – Annual worship ceremonies maintain local participation in conservation efforts.
Community Governance & Management: Local elders, priests, or village councils oversee the maintenance and enforcement of protection norms. Example: Jahera (Odisha, Chhattisgarh) – Tribal communities like the Gonds and Santhals manage these groves as sacred spaces.
Role in Biodiversity Preservation: The groves act as biodiversity hotspots, protecting endemic flora, fauna, and medicinal plants. Example: Law Kyntang (Meghalaya) – Khasi communities conserve these forests, which shelter rare orchids and medicinal herbs.
Way forward:
Harmonizing Legal Frameworks – Amend policies to ensure the Forest Rights Act (FRA), 2006, and Wildlife Protection Act (WLPA), 1972, work in tandem, recognizing gram sabhas’ authority in managing sacred groves while ensuring ecological conservation.
Community-Centric Conservation – Strengthen traditional governance systems by legally empowering local communities to manage sacred groves, integrating scientific conservation methods with cultural practices.
Mains PYQ:
Q Examine the status of forest resources in India and its resultant impact on climate change. (UPSC IAS/2020)
However, the seven-judge Bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, emphasized that this must be grounded on “quantifiable and demonstrable data” rather than political motivations.
Why sub-classification is necessary?
Addressing Inequality Within SCs: The Supreme Court ruling emphasizes that SCs are not a homogeneous group. Instead, there are significant disparities in socio-economic and educational status among different castes within the SC category.
Sub-classification allows for the identification of those who are more disadvantaged and ensures that benefits are equitably distributed among them.
Equitable Distribution of Benefits: States have argued that despite existing reservations, certain castes remain grossly underrepresented compared to others.
Sub-classification aims to create separate quotas for these underrepresented groups within the SC quota, thereby promoting fairness and equity in the distribution of affirmative action benefits.
Legal Precedent and Historical Evidence: The majority opinion of the Supreme Court referenced historical and empirical evidence indicating that specific castes within the SCs face greater oppression and discrimination.
Judicial Oversight: The ruling stipulates that any sub-classification must be based on “quantifiable and demonstrable data” regarding levels of backwardness and representation, ensuring that the process is transparent and justifiable.
What does the creamy layer principle say?
Exclusion of the Creamy Layer: The creamy layer principle refers to the exclusion of the more affluent and advanced members within a backward class from receiving reservation benefits. This principle is currently applied to Other Backward Classes (OBCs) but has been suggested for implementation within SCs and STs as well.
Achieving True Equality: Justice B.R. Gavai, in his concurring opinion, emphasized the need for states to identify and exclude the creamy layer among SCs and STs to ensure that affirmative action benefits reach those who are genuinely disadvantaged.
Historical reason: The creamy layer principle has been upheld in various Supreme Court judgments (Indra Sawhney judgment in 1992), which have recognized that certain individuals within reserved categories may have advanced socio-economic status and should not benefit from reservations intended for the disadvantaged.
Way forward:
Data Collection and Analysis: States should prioritize the collection of comprehensive and quantifiable data on the socio-economic status of different castes within the SC and ST categories.
Policy Framework for Creamy Layer Exclusion: States should develop clear policies to identify and exclude the creamy layer within SCs and STs from reservation benefits.
SC Judgements | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 125 CrPC; Alimony; Right to Equality.
PC: Hindustan Times
Why in the News?
The Supreme Court has ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC).
The court asserted that any discrimination against Muslim women in matters of alimony under the secular laws of the country would be regressive and against gender justice, equality.
Story so far:
The Supreme Court bench rejected the argument that Section 125 of the CrPC does not apply to Muslims because they have their own personal law.
The court ruled that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular law.
Key Points of the Judgment
Legal Standing: “There cannot be the disparity in receiving maintenance on the basis of the law under which a woman is married or divorced.”
Application of Section 125: Justice Nagarathna emphasized, “Section 125 of the CrPC cannot be excluded from its application to a divorced Muslim woman irrespective of the law under which she is divorced.”
Role of the 1986 Act: The judgment underscored that rights granted under the 1986 Act to receive maintenance during ‘iddat’ are in addition to, not in derogation of, those under Section 125 of the CrPC.
Muslim Women (Protection of Rights on Divorce) Act, 1986:
Purpose:
To protect the rights of Muslim women who have been divorced by, or have obtained a divorce from, their husbands.
To provide for matters connected with or incidental to their divorce.
Key Provisions:
Maintenance:
During Iddat Period: A Muslim woman is entitled to a reasonable and fair provision and maintenance from her husband during the iddat period (a waiting period after divorce).
Post-Iddat Maintenance: If she cannot maintain herself after the iddat period, she can claim maintenance from her relatives who would inherit her property on her death. If no relatives are available, the State Wakf Board is responsible for her maintenance.
Mehr (Dower): The woman is entitled to the payment of mehr (dower) that was agreed upon at the time of marriage.
Return of Property: The woman is entitled to all the properties given to her before or at the time of marriage or after the marriage by her relatives, friends, husband, or any other person.
Rights of Children: The Act also provides for the maintenance of children born out of the marriage until they reach the age of two years.
Application to Magistrate:
A divorced woman, or someone acting on her behalf, can apply to a Magistrate for an order under the Act.
The Magistrate has the authority to make orders for payment of maintenance, mehr, and return of property.
Criticisms and Issues:
Limited Scope: Critics argue that the Act’s provisions are limited to the iddat period and do not ensure long-term maintenance.
Dependence on Relatives: Post-iddat maintenance depends on relatives, which might not always be practical or feasible.
Role of Wakf Board: The effectiveness of the Wakf Board in providing maintenance has been questioned due to administrative and financial constraints.
Violation of Right to Equality: The MWPRD Act has been criticized for creating discriminatory practices by limiting the maintenance period for Muslim women compared to women of other communities, thus violating the Right to Equality under Article 14 of the Constitution.
Context and Historical Perspective:
Shah Bano Case (1985): The court referenced the landmark Shah Bano case, which affirmed Muslim women’s right to maintenance under Section 125 of the CrPC.
Danial Latifi Case (2001): It highlighted subsequent interpretations ensuring that the 1986 Act does not deprive Muslim women of rights under Section 125.
Rejection of Restrictions: The court rejected restrictive interpretations that could hinder gender justice and emphasized the importance of providing adequate maintenance, not minimal amounts, to destitute Muslim women.
Continuation of Section 144: The judgment noted that the Bharatiya Nagarik Suraksha Sanhita, 2023, which has replaced the CrPC, retains the older provision on alimony under Section 144.
Section 125 of the Criminal Procedure Code (CrPC)
Purpose:
Maintenance Orders: Section 125 of the CrPC provides for the maintenance of wives, children, and parents who are unable to maintain themselves.
Key Provisions:
Eligible Persons:
Wife: Includes a divorced wife who has not remarried.
Legitimate and illegitimate minor children.
Adult children are unable to maintain themselves due to physical or mental abnormalities.
Parents: Includes both father and mother who are unable to maintain themselves.
Conditions:
The person liable to pay maintenance has sufficient means.
The person liable has neglected or refused to maintain the eligible person.
Order: The Magistrate can order a monthly allowance for the maintenance of the eligible person.
Maximum Amount: There is no fixed maximum amount; it is determined by the Magistrate based on the circumstances.
Significance:
Social Justice: It aims to prevent vagrancy and destitution by ensuring that dependents are provided for.
Secular Applicability: It applies to all religions and is not specific to any particular religion.
Implications and Legal Precedent
Equality under Law: The judgment reinforces the principle that Muslim women have the same legal recourse as women of other faiths under Section 125 of the CrPC.
Additional Remedies: It affirmed that provisions like the Muslim Women (Protection of Rights on Marriage) Act, 2019, do not exclude rights under Section 125.
PYQ:
[2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?
[2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?
From UPSC perspective, the following things are important :
Prelims level: Article 300A, 44th Constitutional Amendment, Right to Property
Mains level: NA
Why in the news?
The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.
Procedural Sub-Rights under Right to Property
These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:
Right to Notice: Individuals must be informed about the intention to acquire their property.
Right to Be Heard: Affected individuals have the right to voice objections.
Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.
Back2Basics:Right to Property in India
The Right to Property was initially a fundamental right under the Constitution of India, included in Part III (Articles 19 and 31).
Through the 44th Amendment Act of 1978, this right was removed from the list of fundamental rights. It was reclassified as a constitutional right under Article 300A.
About Article 300A:
Article 300A was introduced to the Constitution, stating that “No person shall be deprived of his property save by authority of law.”
Legal Framework: This implies that the government can still acquire private property, but this acquisition must be done through a law that justifies the acquisition and provides for fair compensation to the affected parties.
Current Legal Status
Not a Fundamental Right: The Right to Property is no longer a fundamental right, which means it cannot be directly enforced through the Supreme Court or High Court under Article 32 or Article 226. However, it remains a constitutional right.
Protection under Law: Any person deprived of his property under any state enactment can approach a High Court challenging the legality of the act under Article 300A.
Legal Recourse: Affected individuals have the right to legal recourse if they believe that the acquisition was not justified or that the compensation was inadequate.
Recent Judgment: Human Rights
Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.
Legal Interpretations and Clarifications
Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300Aextends beyond the state’s power of eminent domain.
It necessitates a proper legal framework for property acquisition.
The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.
PYQ:
[2021] What is the position of the Right to Property in India?
From UPSC perspective, the following things are important :
Prelims level: Features of the Hindu Marriage Act, 1955 and its applicability
Mains level: NA
Why in the news?
The Supreme Court recently emphasized the sacredness of Hindu marriage, stating it is not merely a social event but a ‘samskara’ and a sacrament of significant value in Indian society.
The court’s observations came in response to a case involving two commercial pilots seeking a divorce decree without a valid Hindu marriage ceremony.
About Hindu Marriage Act, 1955
Details
Enactment
Passed by the Parliament of India on May 18, 1955.
Purpose
Amendment and codification of laws related to marriage among Hindus and others.
Applicability
Applies to Hindus, Buddhists, Jains, Sikhs, and others NOT governed by Muslim, Christian, Parsi, or Jewish laws.
NOTE: The Special Marriage Act, 1954 applies to all citizens of India, irrespective of religion, faith, or belief. It facilitates inter-religious and inter-caste marriages.
Conditions for Marriage
Section 5 specifies conditions including age, mental capacity, consent, and absence of prohibited relationships.
Features of the HMA
Guardianship for Marriage
Section 6 outlines the persons entitled to give consent for a bride’s marriage.
Solemnization of Marriage
Section 7 recognizes customary rites and ceremonies for Hindu marriage.
Registration of Marriage
Section 8 allows for the registration of Hindu marriages for facilitating proof.
Ceremonies for a Hindu Marriage
Explains the special varieties of ceremonies that may be done to solemnize a Hindu marriage. Ex. ‘Saptapadi’
It acknowledges each conventional and court-registered marriage.
Restitution of Conjugal Rights
Section 9 permits application for restitution of conjugal rights if one spouse withdraws without excuse.
Judicial Separation
Section 10 provides for judicial separation based on certain grounds.
Nullity of Marriage and Divorce
Grounds for voidable marriages and divorce specified in Sections 11-13.
Mutual Divorce
Section 13B allows mutual divorce by consent of both parties.
Alimony and Maintenance
Sections 24-25 enable spouses to seek maintenance and alimony post-divorce.
Marriage Laws (Amendment) Bill, 2010
Proposed amendments for easier divorce on grounds of irretrievable breakdown.
Judicial Review
Supreme Court rulings on divorce petitions and exercise of powers under Article 142.
Essence of Hindu Marriage: Supreme Courts’ Observations
Denouncement of Unrecognized Marriages:
The Supreme Court denounced the practice of seeking marital status without a valid ceremony.
Emphasized that marriage is a lifelong commitment and not to be treated lightly.
Sacred Character of Hindu Marriage:
Hindu marriage is termed as a ‘sacrament’ with a sacred character.
It symbolizes the unity of two individuals into a dignified, equal, and consensual union.
Institutional Importance:
Viewed as a vital institution for procreation, family consolidation, and fostering fraternity within communities.
Adherence to Rites and Ceremonies:
The court reiterated that a Hindu marriage must adhere to the rites and ceremonies prescribed under the Hindu Marriage Act.
For instance, the ‘saptapadi’ ceremony is essential for validity.
Role of Marriage Registration:
Marriage registration aids in providing evidence of the wedding.
However, it does not confer legitimacy if the marriage is not solemnized according to the Hindu Marriage Act.
PYQ:
[2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?
[2015] Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy.
From UPSC perspective, the following things are important :
Prelims level: Jim Corbett National Park
Mains level: Key points related the judgment
Why in the news?
In its March ruling, the Supreme Court highlighted the corrupt collaboration between politicians, forest officials, and local contractors that led to the illegal felling of 6,000 trees in the Jim Corbett National Park in Uttarakhand.
Key points related the judgment
Shift from Anthropocentrism to Eco-centrism: The Supreme Court emphasized the need for an eco-centric approach rather than anthropocentrism in ecotourism management.
Ban on Tiger Safaris in Core Areas: : The court disagreed with the 2019 guidelines of the National Tiger Conservation Authority (NTCA) permitting tiger safaris on the lines of a zoo in national parks, The court directed the banning of tiger safaris in core areas of national parks, aiming to minimize environmental damage and disturbance to wildlife habitats.
Committee Formation for Feasibility Study: A committee was constituted to explore the feasibility of permitting tiger safaris in peripheral areas of national parks across India, indicating a cautious approach towards balancing tourism with conservation goals.
What the court missed
Absence of Well-Defined Methodology: The court’s decision to recover the cost of restoration from errant individuals and officers lacks a well-defined methodology, making it challenging to accurately assess the damage done to the green cover of Jim Corbett.
Suggestive measures
Need for Ecosystem Services-Based Valuation: In light of growing degradation of biodiversity hotspots and support for revenue-generating eco-tourism, there is a need for a valuation method based on ecosystem services, which includes benefits like food, water, and climate regulation.
Precedent on Ecosystem Services: The court could have set a precedent by prioritizing ecosystem services over eco-tourism or highlighting the need for a precise law and policy regarding ecosystem services, which play a crucial role in environmental conservation and sustainable development.
Reference to International Court of Justice (ICJ) Ruling: The reasoning provided by the International Court of Justice (ICJ) in Costa Rica v. Nicaragua (2018) regarding the compensability of damage to the environment could have been used to better understand methodologies for evaluating environmental damage and loss of ecosystem services
Conclusion
The Supreme Court’s ruling on Jim Corbett underscores a shift towards eco-centric ecotourism management, banning tiger safaris in core areas. However, the absence of a clear restoration methodology and the need for ecosystem services-based valuation remain unaddressed, suggesting room for improvement.
Mains PYQ
Q How does biodiversity vary in India? How is the Biological Diversity Act,2002 helpful in conservation of flora and fauna? (UPSC IAS/2018)
From UPSC perspective, the following things are important :
Prelims level: Section 377, LGBTQ+ Rights
Mains level: Sexual Minorities and their Social Rights
Why in the news-
The Supreme Court issued a cautionary directive to judges regarding court-ordered counselling for LGBTQ+ individuals, emphasizing the need to respect their identity and sexual orientation.
Context
Petition: The verdict stemmed from a habeas corpus petition filed by a Kerala-based woman seeking the whereabouts of her same-sex partner, highlighting the challenges faced by LGBTQ+ individuals in asserting their rights.
Coercion Concerns: Concerns were raised about court-ordered counselling potentially being used to coerce individuals against their sexual orientation or chosen partners, prompting the Supreme Court to address these apprehensions.
Counselling to LGBTQ+ Persons:
[A] Guidelines and Observations
Avoiding Identity Suppression: Judges were cautioned against using counselling as a tool to coerce individuals into rejecting their LGBTQ+ identity or relationships, particularly when they are in distress or facing familial separation.
Upholding Constitutional Values: CJI underscored the importance of upholding constitutional values, urging judges to refrain from imposing their personal biases or societal prejudices during legal proceedings.
Empathy and Compassion: The verdict emphasized that judges must demonstrate sincere empathy and compassion towards LGBTQ+ individuals, ensuring that the principles of justice and equality guide legal decisions.
[B] Guidelines for Courts
Embracing Diversity: Courts were directed to eschew social morality influenced by homophobic or transphobic views, prioritizing the protection of individual rights and freedoms.
Respecting Chosen Families: Acknowledging the significance of chosen families for LGBTQ+ individuals, the court highlighted the need to recognize and respect these relationships, especially in cases involving familial rejection or violence.
LGBTQ+ Persons (Sexual Minority) Rights in India: An Overview
Decriminalization of Homosexuality: A watershed moment occurred on September 6, 2018, when the Supreme Court of India partially struck down Section 377 of the Indian Penal Code, which criminalized consensual same-sex relationships. This historic decision marked a crucial step towards recognizing the dignity and autonomy of LGBTQ+ individuals.
Recognition of Transgender Rights: In 2014, the Supreme Court recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution in the landmark case of National Legal Services Authority v. Union of India (2014). This judgment laid the foundation for legal recognition and protection of transgender rights in India.
Several key legal cases and judgments have shaped the evolution of LGBTQ rights in India:
Naz Foundation Govt. v. NCT of Delhi (2009): The Delhi High Court ruled that Section 377 of the IPC violated fundamental rights guaranteedunder the Indian Constitution, including privacy and equality. This judgment was a crucial step forward in recognizing the rights of LGBTQ individuals.
Suresh Kumar Koushal vs Naz Foundation (2013): The Supreme Court overturned the Delhi High Court’s judgment, recriminalizing homosexuality. This decision was met with widespread criticism and sparked renewed activism for LGBTQ rights in India.
National Legal Services Authority v. Union of India (2014): This landmark judgment recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution. It laid the groundwork for ensuring equality and non-discrimination for the transgender community.
K.S. Puttaswamy v Union of India (2017): This case affirmed the right to privacy as a fundamental right under the Indian Constitution. The judgment recognized that discrimination based on sexual orientation is unconstitutional and emphasized the dignity and autonomy of individuals.
Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized homosexuality and struck down Section 377 of the IPC. The court recognized the rights of LGBTQ individuals to intimacy, autonomy, and identity, setting a precedent for equality and non-discrimination.
Future Prospects
[A] Extension of ART (Assisted Reproductive Technology) Rights
The Assisted Reproductive Technology (ART) Rights bill, as currently formulated, does not adequately extend to LGBTQ+ persons due to several factors:
Definition of Commissioning Couple: It restricts access to ART services to “infertile married couples,” excluding same-sex couples and individuals in same-sex relationships.
Requirement of Legal Marriage: Since same-sex marriage isn’t recognized in India, LGBTQ+ couples are automatically excluded from accessing ART services.
Narrow Definition of Infertility: The bill’s definition overlooks the unique reproductive challenges faced by LGBTQ+ individuals and couples.
Gender-Binary Language and Restrictions: Gender-binary language and restrictions exclude transgender and gender non-conforming individuals from accessing ART services.
Lack of Recognition of Diverse Identities: The bill fails to accommodate the diverse identities within the LGBTQ+ community, neglecting their specific needs and concerns regarding assisted reproduction.
[B] Child Adoption
National Commission for Protection of Child Rights (NCPCR): It had opposed the adoption rights of same-sex couples.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): It allows heterosexual married couples, and single and divorced persons to adopt.
Hindu Adoption and Maintenance Act, 1956 (HAMA): It permits any male or female Hindu of sound mind to adopt, and for couples to adopt with the consent of their spouse.
Central Adoption Resource Authority (CARA): It permits applications from adoptive parents in live-in relationships, which it examines on a case-to-case basis.
However, in October 2023 the Supreme Court ruled that Regulation 5(3) of the CARA Regulations, insofar as it prohibited unmarried and queer couples from adopting, violated Article 15 of the Constitution.
While India’s Supreme Court declined to legalise same-sex marriage and did not explicitly grant gay couples adoption rights.
PYQ:
2020: Customs and traditions suppress reason leading to obscurantism. Do you agree?
Practice MCQ:
Section 377 of the Indian Penal Code which sought to decriminalize homosexuality was struck down in the landmark case of-
From UPSC perspective, the following things are important :
Prelims level: Marxism, Leninism, Maoism
Mains level: Concept of Urban Naxals, Left Wing Idea of Development
In the news
The Nagpur Bench of the Bombay High Court recently acquitted a former Delhi University professor and five others in a case under the Unlawful Activities (Prevention) Act (UAPA) for alleged Maoist links.
The Maharashtra government swiftly approached the Supreme Court seeking an urgent hearing after failing to secure a stay on the High Court’s judgment.
CSE Mains Questions based on Left Wing Extremism (LWE):
Note: Almost every alternate year, a question on LWE has been asked in the Mains.
2015: The persisting drives of the government for development of large industries in backward areas have resulted in isolating the tribal population and the farmers who face multiple displacements. With Malkangiri and Naxalbari foci, discuss the corrective strategies needed to win the Left Wing Extremism (LWE) doctrine affected citizens back into mainstream of social and economic growth.
2018: Left Wing Extremism (LWE) is showing a downward trend, but still affects many parts of the country. Briefly explain the Government of India’s approach to counter the challenges posed by LWE.
2020: What are the determinants of left-wing extremism in Eastern part of India? What strategy should the Government of India, civil administration and security forces adopt to counter the threat in the affected areas?
2022: Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multi-layered strategy to tackle the menace of Naxalism.
Who are the Maoists?
Origins: Maoism, derived from the teachings of Chinese leader Mao Zedong, emerged as a form of communist theory.
Ideology: Maoists believe in the philosophy that “Power flows from the barrel of the gun” and advocate for armed struggle to achieve their goals.
Evolution in India: Maoism gained prominence in India through movements like the Naxalbari uprising, leading to the formation of groups like the Maoist Communist Centre (MCC) in West Bengal.
Historical Context and Evolution
Influence of Russian Revolution: Naxalism draws ideological inspiration from the Russian Revolution and the overthrow of the Tsarist regime.
Marxian Ideals: Rooted in Marxism, Maoism emphasizes class struggle and the redistribution of power to marginalized communities.
Neo-Marxism: After the success of revolutions led by Lenin and Mao, intellectuals worldwide, including Fidel Castro, embraced Marxist ideologies.
Root Causes of Maoism in India
Corporate Exploitation: Exploitation of natural resources in Eastern India has led to marginalization and harassment of tribal communities.
Tribal Alienation: Post-independence, tribal communities lost traditional rights over resources, leading to alienation.
Livelihood Losses: Depletion of natural resources threatened tribal livelihoods.
Forceful Displacement: Displacement from ancestral lands disrupted traditional governance systems.
Absence of Governance: In areas of exploitation, governance structures collapsed due to killings and intimidation.
Foreign Provocations: External support for LWE outfits exacerbated the conflict.
Impact on Youth
Romanticism and Misunderstanding: Some view Maoists romantically, overlooking the violence inherent in their ideology.
Violence and Destruction: Maoist doctrine glorifies violence, leading to destruction of governance mechanisms.
Radicalization and Coercion: Maoists radicalize youth and coerce locals to join their movement.
Urban Presence: Maoists extend their influence to semi-urban and urban areas, facilitated by educated intellectuals.
Strategies used by LWEs and Maoists
Utilization of State Structures: Maoists exploit state structures to further their agenda and weaken enforcement.
Recruitment and Fundraising: They recruit and raise funds for insurgency, often through legal means.
Urban Shelters: Maoists establish urban shelters for underground cadres.
Legal Assistance: Legal aid is provided to arrested cadres.
Mass Mobilization: They mobilize masses on issues relevant to their cause.
Government Initiatives for LWE-Affected Areas
Aspirational Districts Programme: Monitoring of development initiatives in affected districts.
Education and Infrastructure: Building schools and improving road connectivity in affected areas.
Naxal Surrender Policy: Aimed at reintegrating misguided youth and hardcore extremists.
National Policy Action Plan: Development-focused policy to address LWE challenges.
SAMADHAN Doctrine: A Comprehensive Strategy
Smart Leadership: Effective leadership at all levels.
Aggressive Strategy: Proactive measures to counter extremism.
Motivation and Training: Training of security personnel and motivation for operations.
Harnessing Technology: Use of technology for surveillance and monitoring.
Strategic Action Plans: Tailored action plans for each theater of conflict.
Financial Isolation: Cutting off financial support to extremist groups.
Way Forward
Dual Objective: Military defeat of insurgents and ideological resolution of grievances.
Institutional Overhauls: Reforms in governance and security institutions.
Coordinated Efforts: States must coordinate operations to deny space to Maoists.
Population Segregation: Separating civilians from insurgents, both operationally and ideologically.
Economic Development: Addressing resource conflicts through inclusive economic development.
Conclusion
Understanding the complex dynamics of Maoism and Left-Wing Extremism is crucial for formulating effective counterinsurgency strategies.
By addressing root causes, implementing targeted initiatives, and adopting a comprehensive approach, India can mitigate the impact of LWE and pave the way for sustainable peace and development in affected regions.
ExplainedSC Judgements | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parliamentary Privileges
Mains level: Vote for cash issue
In the news
A seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, delivered a significant judgment regarding parliamentary privilege and criminal prosecution.
The verdict overturned a 1998 ruling in PV Narasimha Rao Case that granted immunity to lawmakers accepting bribes if they subsequently voted or spoke in the House
Special rights, immunities, and exemptions enjoyed by Parliament, its committees, and members.
Defined in Article 105 of the Indian Constitution.
Scope
Applies to Parliament, committees, and members.
Freedom of Speech
Guaranteed under Article 105(1).
Subject to rules and procedures of Parliament (Article 118).
Limitations to Free Speech
Speech must comply with constitutional provisions.
Cannot discuss judges’ conduct (Article 121), except for motions for their removal.
Freedom from Arrest
Immunity from arrest in civil cases 40 days before and after sessions.
House permission needed for arrest within Parliament limits.
Notification of Arrest
Chairman/Speaker must be informed of any member’s arrest.
Right to Prohibit Publication
No liability for publishing reports, discussions under member’s authority (Article 105(2)).
Right to Exclude Strangers
Members have power to exclude non-members from proceedings.
Immunity against Bribe: Constitutional Provisions Examined
Article 105(2): This article grants immunity to members of Parliament from court proceedings concerning their actions (speech or votes) in Parliament.
Article 194(2): Similarly, this article extends immunity to members of state assemblies.
Court’s Review and Interpretation
PV Narasimha Rao Case: In 1998, the Supreme Court ruled with a 3:2 majority that MPs and MLAs were immune from prosecution in bribery cases as long as they fulfilled their end of the bargain.
Judicial Scrutiny of Privilege: The Court revisited the interpretation of Articles 105(2) and 194(2), challenging the traditional understanding of absolute immunity for lawmakers.
Historical Context: It noted that India’s parliamentary privileges stem from statutory and constitutional sources, unlike the UK’s House of Commons, which has ancient and undoubted rights.
Key Findings and Interpretations
Necessity Test Applied: The Court applied a “necessity test” to determine the legitimacy of claims to parliamentary privilege, emphasizing that accepting bribes cannot be deemed necessary for lawmakers to discharge their duties.
Emphasis on Probity: The ruling underscored the importance of probity in public life, highlighting the corrosive impact of corruption on democratic ideals.
Interpretation of Offense: It clarified that the act of accepting a bribe constitutes an offense, regardless of subsequent actions by the lawmaker in the House.
Conclusion
The Supreme Court’s ruling represents a significant departure from past precedent, affirming the principle that no individual, including legislators, is above the law.
By asserting the judiciary’s role in scrutinizing claims of parliamentary privilege, the Court reaffirmed the primacy of constitutional values and accountability in governance.
This landmark judgment underscores the judiciary’s commitment to upholding the rule of law and combating corruption, thereby bolstering India’s democratic foundations.
From UPSC perspective, the following things are important :
Prelims level: Permament Commission vs Short Service Commission, Indian Coast Guard
Mains level: Women in Armed Forces
In the news:
The Supreme Court emphasized the need for the Indian Coast Guard to grant Permanent Commission to women officers. Further, CJI too directed the Indian Coast Guard to consider it, indicating the court’s willingness to intervene if necessary.
Context:
Attorney-General highlighted operational difficulties in implementing permanent commissions for Short Service Commission Officers.
AG suggested to limit permanent commission for women to 10%, stressing that women should not be considered inferior.
About the Indian Coast Guard
The Indian Coast Guard was established on August 1, 1978, as an armed force of the Union.
Its mission is to protect India’s maritime and national interests within its maritime zones. It enforces laws related to customs, immigration, poaching, and pollution at sea.
It conducts round-the-year real-life operations at sea, despite being relatively small in size.
The Indian Navy operates globally, while the ICG is restricted to territorial waters extending out to 30 nautical miles from the coast.
The Indian Navy protects Indian ships and ports from external threats, while the ICG enforces maritime laws, ensures safety, and preserves the marine environment within territorial waters.
Significance of the Permanent Commission for Women:
Gender Equality: Permanent Commission for Women in the Armed Forces removes gender discrimination.
Secure Employment: It provides increased job security and extended tenure for women officers. It can also grant equal entitlements as men, including pension benefits after 20 years of service.
Fostering Opportunities: Ensures economic opportunities, and improves social conditions, and dignity for women.
Behavioral change in the Society: It can encourage more women to join the Armed Forces, expanding the talent pool and addressing officer shortages.
What are the challenges faced by Women Officers in the Indian Armed Forces?
Gender Bias and Discrimination: Women face biases from male officers who question their commitment due to marriage or family responsibilities. Biases exist among both genders, affecting the perception of women officers’ capabilities.
Limited Career Opportunities: Women officers have historically faced restrictions in combat roles, limiting their career advancement. Challenges in obtaining commanding positions due to gender norms and lack of representation in leadership roles.
Work Environment Issues: Lack of gender-sensitive facilities like separate toilets for women officers at certain postings. Unequal treatment and expectations, such as proving themselves more than male counterparts for recognition is a major challenge.
Societal and Cultural Barriers: Traditional societal norms hinder the acceptance of women in combat roles and leadership positions. The need for a shift in societal attitudes towards viewing women as equals in the armed forces.
Recruitment and Retention Challenges: Recruitment and retention rates in the armed forces are affected by the lack of a strong mixed-gender force. The Indian Army’s decision not to allow women in commanding roles impacts recruitment and retention efforts.
What can be the Balanced Approach for Women in the Armed Forces (Way Forward)?
Acceptance of Gender-specific Rights: Acknowledge and incorporate gender-specific rights like maternity and child care leave into the policies of the armed forces.
Equality in Physical Fitness Standards: Physical fitness standards should be role-based, not gender-based, to ensure equal rights and opportunities for all officers.
Need to go with Merit-based Promotion: Women officers should compete on merit without any preferential treatment or discrimination, following a merit-driven approach for promotions.
Developing of Pragmatic Policies: The armed forces need to adopt a pragmatic policy for the gradual inclusion of women in all ranks and disciplines, shedding patriarchal attitudes and creating necessary infrastructure.
Need for the Codification of Rules and Regulations: Codify terms of service for women officers considering organizational interests, establish military laws to address gender crimes, and ensure that only volunteer women meeting psychological and physical fitness standards join combat roles.
Try this PYQ from CS Mains 2021:
Q. “Though women in post-Independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu?
The Supreme Court issued an interim order on February 19, 2024, emphasizing that states and Union territories (UTs) must adhere to the Definition of ‘Forest’ as established in the TN Godavarman Thirumalpad v. Union of India judgement of 1996.
This order came during the hearing of a public interest litigation challenging the constitutionality of the Forest (Conservation) Act, which was amended by the Union government in 2023.
Why such move?
The petitioners highlighted concerns that the 2023 amendment had narrowed the expansive definition of ‘forest’ provided in the Godavarman judgement.
They argue that this move potentially aims at diverting forest lands for non-forest use.
What is Godavarman Judgement?
The Godavarman Judgment is a landmark environmental case in India, first heard in the Supreme Court in 1996, commonly referred to as the “Godavarman Case.”
Originating as a PIL filed by Mr Godavarman, a retired forest officer, it addressed concerns about forest degradation due to various developmental activities without proper environmental clearances.
Key Legal and Regulatory Framework
Forest Conservation Act (FCA) and Rules: The case primarily interprets and implements the Forest (Conservation) Act, 1980, and the Forest (Conservation) Rules, 1981, aiming at forest conservation and wildlife protection.
Powers of Central Government: The FCA empowers the central government to declare areas as “reserved forest” or “protected forest,” prohibiting non-forest activities without prior approval. It extends to all forests in India, not just declared reserves.
Defining Forest: The order defined as any area recorded as forest in the Government record irrespective of the ownership. This definition is broad and encompasses any area recorded as a forest in government records, regardless of its legal status or ownership.
Analysis:
Diversion of Forest Land: The case tackled the diversion of forest land for non-forest purposes, emphasizing compliance with the law and due diligence.
Extent of Central Government’s Powers: It clarified that the central government’s authority under the FCA extends to all forests, irrespective of ownership, emphasizing stringent regulation.
Emphasis on Sustainable Development: The court stressed the importance of sustainable development in forest conservation and protecting the rights of forest dwellers and tribal communities.
Impact of the Judgement
Strengthening Forest Conservation Laws: The case led to stricter interpretation and implementation of forest laws, focusing on conservation and protection.
Increased Judicial Role in Environmental Governance: It established the judiciary as a watchdog in environmental governance, promoting public scrutiny of environmental decisions.
Protection of Forest Lands: Resulted in the cancellation of projects diverting forest land, contributing to biodiversity conservation.
Recognition of Rights: Emphasized the recognition and protection of rights of forest dwellers and tribal communities.
Promotion of Sustainable Development: Highlighted the importance of balancing economic development with environmental protection.
Criticism of the Judgement
Hindrance to Economic Development: Criticized for hindering economic development and displacing communities.
Role of Judiciary: Criticized for causing delays in decision-making and project implementation.
Key Points of the Recent Order
Adherence to 1996 Order: The bench, led by CJI emphasized that states and Union territories (UTs) must adhere to the definition of ‘forest’ as per the Godavarman judgement until the completion of the process of land recorded as ‘forests’ in government records.
Recording Forest Land: State and UT administrations are directed to prepare records on forest land within a year from the notification of the 2023 amendment as per Rule 16 of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
Expert Committees: The Union government is instructed to provide a comprehensive record of land registered as ‘forest’ by expert committees constituted by states and UTs within two weeks.
Compliance Deadline: All states and UTs must comply with the directions by forwarding the reports of the expert committees by March 31, 2024.
Additional Directions
Zoo and Safari Establishment: Any proposal for the establishment of zoos and safaris in forest areas other than protected areas shall not be finally approved without prior permission from the Supreme Court.
Exemption Clause: Section 5 of the Forest (Conservation) Amendment Act, 2023, exempts zoos and safaris from the definition of ‘forests’ within forest areas, excluding protected areas.
Government Undertaking: The Union government submitted an undertaking that no precipitative steps would be taken concerning forest areas as per the dictionary sense, in line with the Godavarman judgement.
Conclusion
The Supreme Court’s interim order underscores the importance of preserving forest lands as per the Godavarman judgement and ensuring compliance with environmental protection measures.
It aims to safeguard the ecological balance and prevent misuse of forest resources for non-forest purposes.
Back2Basics:Universal Definition of Forest
As per the Conference of Parties (CoP) 9-Kyoto Protocol, the forest can be defined by any country depending upon the capacities and capabilities of the country.
Forest- Forest is defined structurally on the basis of
Crown cover percentage: Tree crown cover- 10 to 30% (India 10%)
Minimum area of stand: area between 0.05 and 1 hectare (India 1.0 hectare) and
Minimum height of trees: Potential to reach a minimum height at maturity in situ of 2 to 5 m (India 2m)
India’s definition of Forests
The definition of forest cover has clearly been defined in all the India State of Forest Report (ISFR) and in all the International communications of India.
The forest cover is defined as ‘all land, more than one hectare in area, with a tree canopy density of more than 10 percent irrespective of ownership and legal status.
Such land may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm’.
Classification of forest cover
In ISFR 2021 recently published has divided the forest cover as:
Inside Recorded Forest Area: These are basically natural forests and plantations of Forest Department.
Outside Recorded Forest Area: These cover mango orchards, coconut plantations, block plantations of agroforestry.
Forest Survey of India (FSI) Classification
FSI classifies forest cover in 4 classes.
Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.
ExplainedSC Judgements | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Electoral Bonds Scheme, Article 19, RTI, Proportionality Test
Mains level: Read the attached story
Introduction
The Supreme Court delivered a groundbreaking unanimous judgment, deeming the electoral bonds scheme “unconstitutional and manifestly arbitrary.”
Led by Chief Justice of India (CJI) DY Chandrachud, a five-judge Constitution Bench unanimously struck down the scheme, citing infringement on voters’ right to information and disproportionate restrictions.
Key Reasons for Striking Down Electoral Bonds Scheme
[A] Violation of Right to Information (RTI)
Petitioners argued that the scheme violates Right to Information under Article 19(1)(a) of the Constitution, emphasizing voters’ right to information regarding political party funding.
Despite the government’s stance that citizens lack a “right to know” about political contributions, the court upheld voters’ right to such information, citing the inherent connection between money and politics.
The court highlighted the “deep association” between money and politics, stressing the need for transparency to prevent quid pro quo arrangements.
[B] Disproportionate Restrictions:
The scheme’s anonymity for donors, aimed at curbing black money, was deemed disproportionate to its goal.
Advocates highlighted potential loopholes allowing for cash donations, undermining its efficacy in combating black money.
The court emphasized the availability of alternative, less restrictive measures to achieve the scheme’s objectives, such as Section 29C of the Representation of People Act, 1951.
[C] Privacy vs. Public Interest:
While the government argued for donor anonymity to protect privacy rights, advocates stressed the importance of public scrutiny in political funding.
The court clarified that donor privacy extends only to genuine forms of public support, rejecting absolute anonymity facilitated by the scheme.
[D] Unlimited Corporate Contributions:
Advocates underscored the adverse impact of unlimited corporate contributions on free and fair elections.
The court reinstated the cap on political contributions from companies, citing the need to prevent undue corporate influence in politics.
It noted concerns that unlimited contributions could incentivize quid pro quo arrangements, especially by loss-making companies.
Impact on Key Legal Amendments
Representation of the People Act, 1951: The court struck down amendments exempting political parties from disclosing donations above Rs. 20,000, reinforcing the balance between voters’ right to information and donor privacy. (Section 29C)
Companies Act, 2013: Amendments allowing unlimited corporate contributions were overturned, restoring the cap on political donations by companies and preserving electoral integrity. (Section 182)
Income-tax Act, 1961: Exemptions for political parties to maintain records of donations received via electoral bonds were annulled, safeguarding voters’ right to information. (Section 13A)
Application of Proportionality Test
[A] Definition:
The proportionality test assesses the balance between competing fundamental rights or interests and the measures taken by the state to achieve its objectives.
It involves four criteria: legality, necessity, proportionality in the strict sense, and balancing of interests.
[B] Government’s Arguments:
The government defended the scheme, citing legitimate aims such as tackling black money and protecting donor anonymity.
Solicitor General Tushar Mehta argued that the right to information does not extend to information not in the state’s possession.
[C] Court’s Analysis:
Applying the proportionality test, the court scrutinized the balance between competing fundamental rights, emphasizing the necessity of the “least restrictive” methods.
It underscored the importance of less intrusive alternatives, such as the electoral trusts scheme, in achieving the scheme’s objectives.
Why is this a Landmark case?
Burden of Proof: The court held that the state must demonstrate that its measures are the “least restrictive” and that no other “equally effective” methods exist to achieve its objectives.
Balancing Competing Rights: Unlike previous approaches prioritizing public interest over individual rights, the court’s focus is on balancing competing fundamental rights.
Structured Proportionality Test: The verdict applies a structured proportionality test, requiring the state to demonstrate that its actions restricting fundamental rights are proportional to its objectives.
Application of Legal Precedents: While the right-to-privacy ruling laid down the law, subsequent cases like Aadhaar (2018) and Demonetization (2023) applied the structured proportionality test. The electoral bonds verdict represents a significant departure in this regard.
Conclusion
The Supreme Court’s verdict reaffirms its commitment to upholding constitutional principles and safeguarding democratic processes.
By striking down the electoral bonds scheme and reinstating key legal provisions, the court emphasizes the primacy of transparency and accountability in electoral financing.
From UPSC perspective, the following things are important :
Prelims level: Deputy CM
Mains level: Political alliances and their stable functioning
Introduction
The Supreme Court recently dismissed a petition challenging the appointment of Deputy Chief Ministers in States, stating that the position does not breach the Constitution.
Despite lacking constitutional backing, Deputy CM play significant roles in state governments, raising questions about their powers, significance, and concerns.
What is the Deputy CM Position?
Constitutional Status: Unlike the Vice President of India, the Deputy CM post is political rather than constitutional.
Origin: The post traces back to the Deputy PM position established in 1947 post-independence, leading to the evolution of Deputy CM roles in states.
Appointment and Tenure: Deputy CMs are appointed and removed at the discretion of the Chief Minister, who may appoint multiple Deputy CMs.
Historical Context: Anugrah Narayan Sinha of Bihar was the first Deputy CM post-Independence, with 12 states in India having Deputy CMs as of July 2023.
Powers and Responsibilities
Rank and Pay: Deputy CMs hold a rank equivalent to cabinet ministers, receiving similar pays and perks.
Portfolio Allocation: They are entrusted with portfolios, although typically smaller in scale compared to the Chief Minister.
Financial Powers: Deputy CMs hold no specific financial authority, requiring approval from the Chief Minister for expenditures exceeding allocated budgets.
Administrative Role: They facilitate governance and administration, acting as a bridge between the ruling party and its allies.
Significance of Deputy CMs
Political Stability: Deputy CMs contribute to coalition government stability by bridging gaps between ruling parties and allies, reducing incidents of anti-defection.
Representation and Trust: Their presence ensures better representation of communities, fostering public trust in governance.
Succession and Accountability: Deputy CMs serve as potential successors to the Chief Minister, promoting transparency and accountability in government.
Concerns and Suggestions
Lack of Constitutional Backing: Raises concerns about role ambiguity and potential exploitation by Chief Ministers.
Multiplicity of Appointments: No limit on the number of Deputy CMs can lead to appeasement and governance complexities.
Complexity in Governance: Overlapping roles with cabinet ministers may complicate governance and administration.
Future Perspectives
Clarity and Limitations: Need for a defined role and limitations for Deputy CMs to simplify governance structures.
Political Literacy: Enhancing awareness among citizens about the role and function of Deputy CMs is essential for informed governance.
Gujarat Government’s Action Deemed Illegal: The court declared the Gujarat government’s decision to release the convicts as illegal, citing jurisdictional issues.
Remission of Sentences: Constitutional Analysis
Details
What is Remission?
Complete ending of a sentence at a reduced point;
Nature of the sentence remains unchanged, but the duration is reduced;
Conditional release; breach of conditions leads to cancellation.
Constitutional Provisions
Article 72: President’s pardoning powers
Article 161: Governor’s pardoning powers
President’s pardoning power >>> Governor’s
Statutory Power of Remission
Provided under the Code of Criminal Procedure (CrPC)
Sections 432 and 433 allow suspension, remission, or commutation of sentences
Background of Remission System
Defined under the Prison Act, 1894;
Observed in Kehar Singh vs. Union of India (1989) and
State of Haryana vs. Mahender Singh (2007) cases
Latest MHA Guidelines
Special Remission Guidelines to commemorate 75th year of Independence as part of the Azadi Ka Amrit Mahotsav celebrations.
Eligibility for Special Remission
Women and transgender convicts aged 50+
Male convicts aged 60+, having completed 50% of their sentence
Physically challenged convicts with 70% + disability, having completed 50% of their sentence
Terminally ill convicts who have completed 66% of their sentence
Poor prisoners detained due to non-payment of fines
Young offenders aged 18-21 with no other criminal involvement, having completed 50% of their sentence
Exclusions from the Scheme
Convicts with death sentences or life imprisonment;
Convicts involved in terrorist activities or convicted under specific acts like TADA, POTA, UAPA, etc.
Convicts of offences like dowry death, counterfeiting, rape, human trafficking, POCSO Act violations, etc.
Core Issue before the Court
Question of Authority: The central issue was whether the Gujarat government had the authority to issue remission orders for the convicts.
Jurisdictional Clarification: The crime occurred in Gujarat, but the trial was held in Mumbai. The Supreme Court clarified that the appropriate government for remission decisions is where the sentencing occurred, not where the crime was committed.
Understanding Remission of Sentences
Constitutional and Legal Provisions: Articles 72 and 161 of the Constitution and Section 432 of the CrPC empower the President, Governors, and state governments to remit sentences.
Restrictions Under Section 433A of the CrPC: This section imposes limitations on remission for life imprisonment cases, requiring a minimum of 14 years of imprisonment.
Grounds for Remission
Sentence Review Board’s Role: States have a Sentence Review Board to exercise powers under Section 432 of the CrPC.
Supreme Court Guidelines: The court mandates due process in remission decisions, considering factors like the crime’s seriousness, co-accused status, and jail conduct.
Criteria Established in ‘Laxman Naskar v. Union of India’ (2000): The Supreme Court outlined five specific grounds for considering remission:
(a) Whether the offence is an individual act of crime that does not affect society.
(b) The likelihood of the crime being repeated in the future.
(c) Whether the convict has lost the potentiality to commit a crime.
(d) The purpose served by keeping the convict in prison.
(e) Socio-economic conditions of the convict’s family.
The Bilkis Bano Case Specifics
Convict’s Appeal for Remission: A convict appealed to the Supreme Court for premature release under Gujarat’s 1992 remission policy.
Supreme Court’s Initial Directive: The court initially directed the Gujarat government to consider Shah’s application as per the 1992 policy.
Gujarat’s Remission Policy and Its Implications
1992 Policy vs. 2014 Policy: The 1992 policy, under which remission was sought, was invalidated by the Supreme Court in 2012.
Gujarat Government’s Argument: The state argued that the 1992 policy was applicable as the conviction occurred in 2008, before the 2014 policy with stricter guidelines was formulated.
Aftermath of the Remission Grant
Public Outrage: The release of the convicts sparked widespread outrage and was perceived as a miscarriage of justice.
Bilkis Bano’s Appeal: Bilkis Bano challenged the remission in the Supreme Court, highlighting the heinous nature of the crime and its impact on society.
Conclusion
Restoration of Legal Integrity: The Supreme Court’s decision to overturn the remission restores faith in the legal system’s commitment to justice.
Reaffirmation of Jurisdictional Authority: The ruling clarifies the jurisdictional authority in remission cases, reinforcing the importance of due process and legal consistency.
Broader Implications: This judgment sets a precedent for future remission cases, emphasizing the need for careful consideration of the crime’s nature and societal impact in such decisions.
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Adani-Hindenburg Judgment
Introduction
Recent Order: The Supreme Court’s recent order on the Adani-Hindenburg matter focused on the inquiries conducted by the Securities and Exchange Board of India (SEBI).
No Regulatory Failure Found: The apex court concluded that there was no regulatory failure on SEBI’s part, negating the need for a Special Investigating Team (SIT).
SEBI’s Investigations and the Supreme Court’s Stance
Status of Investigations: Out of 24 investigations related to the Adani-Hindenburg matter, SEBI has completed 22.
Supreme Court’s Trust in SEBI: The court accepted SEBI’s status report without delving into the details of the investigations, trusting SEBI to bring them to a logical conclusion.
Concerns and Criticisms of the Supreme Court Judgment
Lack of Transparency: The findings of the completed SEBI investigations have not been made public, raising questions about the transparency and accountability of the process.
‘Chicken-and-Egg’ Inquiry: The Supreme Court did not address the “chicken-and-egg situation” where SEBI’s inability to identify the ultimate beneficial owners of certain overseas entities has stalled the investigation.
Overlooked Statutory Violations: The judgment did not consider the alleged dilution of regulations that could facilitate the concealment of beneficial ownership, which might be violative of the SEBI Act.
Implications of the Judgment
Continued SEBI Investigation: SEBI has been given an additional three months to conclude its inquiry into the alleged violation of minimum shareholding norms by the Adani group companies.
Potential Subversion of Ongoing Investigations: The deficiencies in the Supreme Court judgment could potentially undermine the ongoing investigations into the Adani group.
Hindenburg and OCCRP Reports: The judgment has seemingly dismissed the reports by Hindenburg and OCCRP as unrelated or inconclusive, despite their revelations about the Adani group’s financial dealings.
Historical Context and Ongoing Concerns
Past Allegations: The Adani group has faced similar allegations of share price manipulation and round-tripping in the past, with SEBI itself filing a criminal complaint 15 years ago.
Current Investigations: Despite ongoing investigations for over three years, no criminal complaint has been registered against the Adani promoters for the recent allegations.
Conclusion
Need for Reevaluation: The deficiencies in the Supreme Court judgment warrant a reconsideration in the interest of justice and transparency.
Public Interest and Justice: Ensuring that the findings of SEBI’s investigations are made public and acted upon is crucial for upholding regulatory integrity and public trust.
Future of Adani Investigations: The outcome of the ongoing SEBI investigations and the handling of the Hindenburg and OCCRP reports will be pivotal in determining the course of justice in this high-profile case.
From UPSC perspective, the following things are important :
Prelims level: Tribunals
Mains level: Read the attached story
Central Idea
The Supreme Court clarified that tribunals, bound by their governing legislations, cannot compel the government to formulate policy.
It emphasized the separation of powers, stating that policy-making is outside the judiciary’s domain, including quasi-judicial bodies like tribunals.
What are Tribunals?
Details
Nature
Judicial or quasi-judicial institutions established by law
Purpose
Provide faster adjudication compared to traditional courts
Offer expertise on specific subject matters
Functions
Adjudicating disputes
Determining rights between parties
Making administrative decisions
Reviewing existing administrative decisions
Constitutional Recognition
42nd Amendment Act, 1976 introduced Articles 323-A and 323-B in the Constitution
Article 323A
Empowers Parliament to constitute administrative Tribunals for public service matters
Article 323B
Allows Parliament or state legislatures to constitute tribunals for specific subjects like taxation, land reforms
Composition
Comprises expert (technical) members and judicial members
Expert Members
Selected from various fields, including central government departments
Judicial Members
Persons with a judicial background, such as High Court judges or eligible lawyers
Supreme Court’s Stance
Technical members not required if tribunal’s aim is expeditious disposal of matters
Case in Focus: Armed Forces Tribunal (AFT) and Policy Direction
Specific Case Reviewed: The Bench addressed whether the AFT could direct the government to create a policy for appointing the Judge Advocate General (Air).
General Observation: It has been consistently observed that courts cannot mandate the government to enact legislation or develop a policy.
Judicial Analysis and Reasoning
Justice Karol’s Observations: Justice Sanjay Karol noted that the AFT, with powers akin to a civil court, lacks the authority of the Supreme Court or High Courts.
High Courts’ Limitations: Even High Courts, under Article 226 of the Constitution, cannot order the government or its departments to establish specific policies.
Government’s Prerogative: The judgment reinforced that policy creation, especially concerning defense personnel services or their regularization, is exclusively the government’s responsibility.
Implications of the Judgment
Tribunals’ Restricted Powers: Tribunals must operate within the confines of their governing legislation and lack the jurisdiction to influence policy formation.
Judiciary’s Role in Policy Matters: The judgment highlights the judiciary’s limited role in policy-making, even in cases where fundamental rights might be at stake.
Separation of Powers: This ruling underscores the principle of separation of powers, delineating the distinct functions of the legislative, executive, and judicial branches.
Conclusion
Respecting Institutional Boundaries: The judgment serves as a reminder of the importance of respecting the boundaries and roles of different government institutions in a democratic setup.
Broader Implications: This decision has significant implications for how tribunals and courts interact with policy-making processes, emphasizing judicial restraint and adherence to the constitutional framework.
