GS Notes

3. Polity Notes 03

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Elaborate Notes

MEDIATION ACT, 2023

Alternative Dispute Resolution (ADR) encompasses methods for resolving disputes outside the formal judicial system. The Indian legal framework has progressively integrated ADR to alleviate the burden on courts, a sentiment echoed in multiple Law Commission of India reports, notably the 129th Report (1988) which recommended embracing ADR. The evolution includes:

  • Arbitration: A formal process where parties submit their dispute to a neutral third party (arbitrator) or a panel of arbitrators. The decision, known as an ‘award’, is legally binding and enforceable, akin to a court decree. The primary legislation governing this is the Arbitration and Conciliation Act, 1996, which was amended in 2015, 2019, and 2021 to make India a hub for international commercial arbitration. The 2019 amendment provided for the establishment of the Arbitration Council of India (ACI).
  • Conciliation: A less formal process where a conciliator assists parties in reaching a mutually acceptable agreement. The conciliator may suggest solutions, but the final decision rests with the parties. If an agreement is reached, it is documented as a ‘conciliation agreement’, which holds the same status as an arbitral award and is legally binding. Lok Adalats, established under the Legal Services Authorities Act, 1987, function on the principles of conciliation.
  • Mediation: A voluntary, party-centric, and structured negotiation process where a neutral third person, the mediator, facilitates dialogue between disputing parties to help them reach a mutually acceptable settlement. Unlike an arbitrator, a mediator does not impose a decision. Prior to the 2023 Act, mediation lacked a standalone statute, with provisions scattered across various laws like the Code of Civil Procedure, 1908 (Section 89), the Companies Act, 2013, and the Consumer Protection Act, 2019.

Key Highlights of the Mediation Act, 2023:

  • Comprehensive Definition: The Act defines “mediation” inclusively, covering pre-litigation mediation, online mediation, community mediation, and other forms, providing a broad legal framework. It institutionalizes the process where parties, with the assistance of a mediator, amicably settle their dispute.
  • Establishment of the Mediation Council of India (MCI): The Act establishes a central regulatory body, the MCI, to promote, regulate, and develop mediation in India.
    • Composition: It consists of a chairperson (person of ability and integrity with experience in mediation), two full-time members (with experience in mediation or ADR), one part-time member from the government (Law Secretary), and three ex-officio members (including the Expenditure Secretary). This composition aims to blend expert knowledge with administrative oversight.
    • Functions: Its functions include registering mediators, recognizing mediation service providers, and setting standards for mediator training and ethics.
  • Structured Timeline: To prevent mediation from being used as a dilatory tactic, the Act mandates its completion within 120 days, extendable by another 60 days with mutual consent. A crucial provision allows any party to withdraw from mediation after attending the first two sessions, ensuring the process remains voluntary.
  • Court-Annexed Mediation: The Act recognizes and provides a framework for mediations referred by courts, which must be conducted according to rules framed by the Supreme Court or respective High Courts, thus integrating it with the formal justice system.
  • Community Mediation: A novel feature aimed at grassroots dispute resolution. It allows for a panel of three mediators to resolve disputes that are likely to affect peace and harmony within a specific locality. This reflects traditional justice mechanisms and aims to preserve social fabric.
  • Enforceability of Mediated Settlement Agreements (MSA): This is a cornerstone of the Act. An MSA is legally binding and enforceable in the same manner as a court judgment or decree. This gives finality and legal sanctity to the mediation outcome.
  • Limited Grounds for Challenge: To ensure the stability of settlements, an MSA can be challenged only on limited grounds: fraud, corruption, impersonation, or if the dispute was not fit for mediation. The challenge must be filed before a competent court within 90 days from receiving a copy of the MSA.

LOK ADALAT

Lok Adalats (People’s Courts) are a significant component of India’s ADR landscape, drawing philosophical inspiration from Gandhian principles of justice. They represent a blend of conciliation and negotiation.

  • Statutory Backing: They were given statutory status under the Legal Services Authorities Act, 1987. This Act was a landmark piece of legislation aimed at providing free and competent legal services to the weaker sections of society, as envisioned under Article 39A of the Constitution.
  • Tiered Structure: Lok Adalats are organized at various levels to ensure wide accessibility:
    • National Level (conducted regularly on a single day across the country)
    • State Authority Level
    • High Court Level
    • District and Taluk Levels
    • Mobile Lok Adalats are also organized to take justice to the doorsteps of people in remote areas.
  • Jurisdiction: They have the jurisdiction to settle disputes pending before any court (litigation stage) or matters which have not yet reached a court (pre-litigation stage).
  • Nature of Cases: Their ambit is broad, covering civil cases such as matrimonial disputes, land and property disputes, labour disputes, etc. They can also handle compoundable criminal cases (offences where the law allows for a compromise between the victim and the offender). They cannot adjudicate non-compoundable criminal cases.
  • Powers and Finality of Award: A Lok Adalat has the same powers as a Civil Court under the Code of Civil Procedure, 1908, while trying a suit. The award (decision) made by the Lok Adalat is deemed to be a decree of a civil court and is final and binding on all parties. Crucially, no appeal lies against the award of the Lok Adalat. The only recourse is to litigate the matter in a court of appropriate jurisdiction if a party is dissatisfied, starting the process anew.

CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS ACT, 2023

This Act governs the appointment, salary, and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs), replacing the earlier Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

  • Constitutional Background: Article 324(2) of the Constitution vests the power of appointment of the CEC and ECs in the President, subject to any law made by Parliament. In the absence of such a law for decades, the appointments were made by the executive.
  • Judicial Intervention: In the case of Anoop Baranwal v. Union of India (2023), the Supreme Court, citing the constitutional vacuum, directed that appointments to the Election Commission be made by the President on the recommendation of a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI), until Parliament enacts a law.
  • Key Provisions of the 2023 Act:
    • Selection Committee: The Act constitutes a Selection Committee that deviates from the Supreme Court’s interim arrangement. It consists of:
      1. The Prime Minister (Chairperson)
      2. The Leader of Opposition in the Lok Sabha
      3. A Union Cabinet Minister nominated by the Prime Minister. This composition has been criticized for giving the executive a decisive say in the appointments, potentially undermining the neutrality of the Commission.
    • Search Committee: A Search Committee, headed by the Minister of Law and Justice, will propose a panel of five names to the Selection Committee.
    • Eligibility: Appointees must be persons of integrity with knowledge and experience in election management and must have held a post equivalent to the rank of Secretary to the Government of India. This codifies the existing convention of appointing senior civil servants.
    • Salary and Term: The salary and service conditions are equated to that of a Judge of the Supreme Court. The term of office is six years or until they attain the age of 65 years, whichever is earlier. They are not eligible for re-appointment.
  • Representation of the People Act, 1951 (RoPA):
    • Section 33A: Requires candidates to furnish details in an affidavit regarding any pending criminal cases where charges have been framed for an offence punishable with imprisonment of two years or more, and any conviction for an offence resulting in imprisonment of one year or more.
    • Section 125A: Penalizes a candidate for filing a false affidavit or concealing information. The penalty includes imprisonment up to six months, or a fine, or both. This section is invoked by the Election Commission or on a complaint before a magistrate.

SIMULTANEOUS ELECTIONS

The concept, often termed ‘One Nation, One Election’, envisages structuring the Indian election cycle in a manner that elections to the Lok Sabha and all State Legislative Assemblies are held together.

  • Historical Context: India followed a system of simultaneous elections for the first four general elections from 1952 to 1967. The cycle was disrupted due to the premature dissolution of some State Assemblies in 1968-69 and the Lok Sabha in 1970.
  • Evolution of the Idea:
    • Election Commission Report (1983): First formal suggestion to revert to simultaneous elections.
    • Dinesh Goswami Committee on Electoral Reforms (1990): Endorsed the idea to reduce expenditure and political disruption.
    • Law Commission of India’s 170th Report (1999): Provided a detailed roadmap for synchronizing elections.
    • Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (2015): Backed the proposal, highlighting its benefits.
    • High-Level Committee (2023): A committee headed by former President Ram Nath Kovind was constituted to examine the issue and make recommendations.
  • Concept Clarified: The idea does not necessitate voting across the entire country on a single day. It means that a voter in a particular constituency would vote for both the Lok Sabha and their State Assembly on the same day. The polling can still be conducted in multiple phases. The synchronization would also extend to elections for Municipalities and Panchayats.
  • National Party Status:
    • The criteria for recognition are laid down in the Election Symbols (Reservation and Allotment) Order, 1968. A political party can be recognized as a ‘National Party’ if it fulfills any of the following three conditions:
      1. The party secures at least 6% of valid votes polled in four or more states in a General Election to the Lok Sabha or to the Legislative Assembly and, in addition, it wins at least four seats in the Lok Sabha from any state or states.
      2. The party wins at least 2% of the total seats in the Lok Sabha (i.e., 11 seats in the current House of 543) and these candidates are elected from at least three different states.
      3. The party is recognized as a ‘State Party’ in at least four states.
    • As of 2024, the Election Commission of India recognizes six national parties: BJP, INC, BSP, CPI(M), NPP, and AAP.

MULTI-STATE COOPERATIVE SOCIETIES

Cooperatives are autonomous associations of persons united voluntarily to meet their common economic, social, and cultural needs through a jointly-owned and democratically-controlled enterprise.

  • Constitutional and Legal Framework:
    • “Cooperative societies” is a State Subject under Entry 32 of the State List in the Seventh Schedule of the Constitution.
    • The 97th Constitutional Amendment Act, 2011 added Part IX-B to the Constitution, which laid down norms for the effective management of cooperative societies. It also made the right to form cooperative societies a fundamental right under Article 19(1)(c).
    • In Union of India vs Rajendra N. Shah (2021), the Supreme Court struck down certain provisions of Part IX-B as they were passed without ratification by state legislatures, thus infringing upon the states’ exclusive legislative domain. However, the Court upheld the validity of Part IX-B for Multi-State Cooperative Societies (MSCS), as their regulation falls under the Union’s legislative power.
  • Multi-State Co-operative Societies (Amendment) Act, 2022 (enacted in 2023): This amends the MSCS Act, 2002 to improve governance, transparency, and accountability.
    • Co-operative Election Authority: Establishes this authority to conduct free and fair elections to the boards of MSCS. It consists of a chairperson, vice-chairperson, and up to three members appointed by the Centre.
    • Merger and Division: Allows for the amalgamation of state-level cooperative societies into an existing MSCS, subject to the respective state laws.
    • Financial Health: Creates a Co-operative Rehabilitation, Reconstruction and Development Fund to revive sick MSCS.
    • Grievance Redressal: Provides for the appointment of a Co-operative Ombudsman to inquire into member complaints. Appeals against the Ombudsman’s decisions lie with the Central Registrar.
    • Board Composition: The board will have a maximum of 21 directors, with mandatory representation for at least one member from Scheduled Castes or Scheduled Tribes and two women members.

CINEMATOGRAPH (AMENDMENT) ACT, 2023

This Act amends the Cinematograph Act of 1952 to address contemporary challenges such as film piracy and to update the film certification process.

  • Judicial Precedent: In Union of India v. K.M. Shankarappa (2000), the Supreme Court held that the Union government cannot exercise revisional powers over films already certified by the Central Board of Film Certification (CBFC), as it would amount to sitting in judgment over the decision of an expert body. The 2023 amendment respects this by omitting the provision [Section 6(1)] that granted such powers to the government.
  • Key Provisions:
    • Age-Based Certification: It introduces new age-based categories under the existing ‘UA’ certificate: ‘UA 7+’, ‘UA 13+’, and ‘UA 16+‘. These are advisory ratings to help parents make informed decisions for their children.
    • Perpetual Validity of Certificates: CBFC certificates will now be perpetually valid, removing the previous 10-year validity period, which reduces a procedural burden on filmmakers.
    • Strict Anti-Piracy Measures: The Act makes film piracy a cognizable and non-bailable criminal offence. It introduces provisions to prohibit unauthorized recording (cam-cording) and unauthorized exhibition of films.
    • Penalties for Piracy: The penalty for piracy is severe: imprisonment for a term between three months and three years, and a fine which could be up to 5% of the film’s audited production cost, or both.

OTT REGULATION IN INDIA

Over-The-Top (OTT) platforms deliver film and television content via the internet, bypassing traditional cable or broadcast providers.

  • Regulatory Framework: OTT content is primarily regulated under the Information Technology Act, 2000, and the rules framed thereunder, specifically the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • Co-Regulatory Model: India has adopted a “light-touch” co-regulatory model, which combines self-regulation by the industry with an oversight mechanism by the government. It has a three-tier grievance redressal structure:
    • Level I: Self-regulation by the publisher. The OTT platform itself will appoint a Grievance Redressal Officer.
    • Level II: Self-regulation by the self-regulating bodies of the publishers. These industry bodies, headed by a retired judge or eminent person, will address grievances not resolved at Level I.
    • Level III: Oversight mechanism by the Central Government. An Inter-Departmental Committee (IDC) is constituted by the Ministry of Information and Broadcasting (I&B) to hear appeals arising from Level II or handle complaints directly.
  • Content Classification: OTT platforms are required to self-classify their content into five age-based categories: U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult). They must also implement parental locks for content classified as U/A 13+ or higher.

DIGITAL PERSONAL DATA PROTECTION ACT, 2023

This Act is India’s first comprehensive legislation on data protection, aiming to regulate the processing of digital personal data.

  • Background: The Act is the culmination of a long process that began with the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), which declared the Right to Privacy as a fundamental right under Article 21. Following this, the Justice B.N. Srikrishna Committee was formed, which submitted a draft bill in 2018.
  • Key Provisions:
    • Applicability: Applies to the processing of digital personal data within India, and also outside India if it is in connection with offering goods or services to individuals in India.
    • Consent: The cornerstone of the Act is consent. Personal data can be processed only for a lawful purpose after obtaining the free, specific, informed, and unambiguous consent of the Data Principal (the individual to whom the data relates). Consent can be withdrawn at any time.
    • ‘Legitimate Uses’ (Deemed Consent): Consent is not required for certain ‘legitimate uses’, such as for the performance of any function under law by the State, compliance with a court order, medical emergencies, and employment-related purposes. This has been a point of debate regarding state surveillance.
    • Data Protection Board of India (DPBI): An adjudicatory body to be established by the Central Government to determine non-compliance, impose penalties, and direct data fiduciaries. Appeals against the DPBI’s decisions will lie with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
    • Obligations of Data Fiduciaries: Entities that determine the purpose and means of data processing have obligations to ensure data accuracy, implement security safeguards, inform the DPBI and affected individuals of data breaches, and erase data once its purpose is served.
    • Significant Data Fiduciaries (SDFs): The central government can notify certain fiduciaries as SDFs based on the volume and sensitivity of data processed. SDFs have additional obligations, including appointing a Data Protection Officer (DPO) and conducting Data Protection Impact Assessments (DPIA).
    • Penalties: The Act prescribes significant financial penalties for non-compliance, with the highest being ₹250 crore for failure to take reasonable security safeguards to prevent a data breach.

CRIMINAL LAW REFORM ACTS, 2023

In 2023, Parliament passed three acts to replace India’s colonial-era criminal laws, aiming to decolonize the justice system and update it for contemporary realities.

  • Bharatiya Nyaya Sanhita (BNS), 2023: Replaces the Indian Penal Code, 1860.
    • Sedition: The offence of sedition (Section 124A of IPC) has been removed. However, a new provision penalizes acts endangering the sovereignty, unity, and integrity of India, which critics argue is sedition in a new form.
    • New Offences: It defines offences like organized crime and terrorist acts. It also includes mob lynching as a specific offence punishable with death or life imprisonment.
    • Community Service: Introduces community service as a form of punishment for certain petty offences for the first time.
  • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Replaces the Code of Criminal Procedure, 1973.
    • Use of Technology: Promotes the use of technology in investigations and trials, including video-conferencing for proceedings.
    • Forensic Investigation: Makes forensic investigation mandatory for all crimes punishable with seven years of imprisonment or more.
    • Timelines: Prescribes specific timelines for various procedures like filing of chargesheets and pronouncement of judgments to speed up the justice delivery process.
    • Undertrials: Contains provisions for the mandatory release on bail of undertrials who have served a significant portion of their potential sentence.
  • Bharatiya Sakshya Adhiniyam (BSA), 2023: Replaces the Indian Evidence Act, 1872.
    • Electronic Evidence: Grants electronic or digital records the same legal effect, validity, and enforceability as paper records. It explicitly allows oral evidence to be given electronically, which can facilitate remote testimony.
    • Admissibility: Clarifies the admissibility of electronic evidence and establishes a more robust legal framework for its use in court.

REGISTRATION OF BIRTH AND DEATH (AMENDMENT) ACT, 2023

This Act amends the Registration of Births and Deaths Act, 1969, to create a centralized database and digitize the registration process.

  • National and State Databases: It empowers the Registrar General of India to maintain a national database of registered births and deaths. Chief Registrars in states will also maintain similar databases at the state level.
  • Data Sharing: The national database can be made available to other authorities responsible for preparing or maintaining databases like the population register, electoral rolls, Aadhaar, ration card, passport, and driving license databases. This aims to improve efficiency and update records automatically.
  • Digital Registration: It facilitates digital registration and electronic delivery of birth and death certificates, which can be used as a single document for various purposes like school admissions, voter registration, and marriage registration.

PRESS AND REGISTRATION OF PERIODICALS ACT, 2023

This Act repeals the colonial-era Press and Registration of Books Act, 1867, simplifying the registration process for periodicals.

  • Simplified Online Process: It replaces the cumbersome declaration filing process with a simple online application for a registration certificate to the Press Registrar General (PRG).
  • Scope: The Act’s purview is limited to ‘periodicals’. It explicitly excludes books and scientific or academic journals.
  • Decriminalization: It decriminalizes many provisions of the 1867 Act, replacing imprisonment terms with financial penalties.
  • Restriction on Publishers: It bars individuals convicted of a terrorist act or unlawful activity, or for acting against the security of the State, from publishing a periodical. This provision has been debated from a freedom of speech perspective.

TELECOMMUNICATIONS ACT, 2023

This act overhauls India’s telecom regulatory framework, replacing the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

  • Spectrum Assignment: While auction remains the preferred mode for spectrum allocation, the Act allows for administrative allocation for specified purposes like national security, disaster management, and satellite services (like Starlink, OneWeb).
  • OTT Regulation: After much debate, OTT communication services (like WhatsApp, Telegram) have been kept outside the ambit of this Act for now, meaning they are not licensed as telecom services.
  • Digital Bharat Nidhi: The Universal Service Obligation Fund (USOF) is renamed Digital Bharat Nidhi. Its scope is expanded to also fund research and development in the telecom sector, in addition to promoting rural connectivity.
  • User Protection: The Act includes measures to tackle spam and fraud, such as requiring prior consent for receiving specified messages.
  • Interception Powers: It retains the government’s powers of interception and surveillance of telecommunication networks on grounds of national security and public order, similar to the 1885 Act.

Prelims Pointers

Mediation Act, 2023

  • The Act provides a standalone law for mediation.
  • Establishes the Mediation Council of India (MCI).
  • MCI Composition: 1 Chairperson, 2 full-time members, 1 part-time member, and 3 ex-officio members.
  • Timeline for mediation: 120 days, extendable by 60 days.
  • A party can withdraw from mediation after two sessions.
  • Community mediation involves a panel of 3 mediators.
  • A Mediated Settlement Agreement (MSA) is enforceable as a court decree.
  • An MSA can be challenged within 90 days on grounds of fraud, corruption, etc.

Lok Adalat

  • Established under the Legal Services Authorities Act, 1987.
  • It is an Alternative Dispute Redressal (ADR) mechanism.
  • Handles pending court cases and pre-litigation disputes.
  • Has the powers of a Civil Court under the Code of Civil Procedure, 1908.
  • Its award is final and binding.
  • No appeal lies against the award of the Lok Adalat.

CEC and ECs Act, 2023

  • Replaces the 1991 Act on the service conditions of ECs.
  • Selection Committee for CEC/ECs: PM (Chair), Leader of Opposition (Lok Sabha), and a Union Cabinet Minister nominated by the PM.
  • Search Committee is headed by the Union Minister for Law and Justice.
  • Eligibility: Persons holding or having held a post equivalent to Secretary to the GoI.
  • Term of office: 6 years or up to 65 years of age, whichever is earlier.
  • Salary and allowances are the same as a Supreme Court Judge.
  • Not eligible for re-appointment.

Simultaneous Elections & National Party

  • Simultaneous elections were the norm in India until 1967.
  • Committees that recommended it: Election Commission (1983), Dinesh Goswami Committee (1990), Law Commission (1999).
  • Criteria for National Party status are defined in the Election Symbols (Reservation and Allotment) Order, 1968.
  • 3 conditions for national party status: (1) 6% votes in 4+ states + 4 LS seats; OR (2) 2% of total LS seats from 3+ states; OR (3) State party in 4+ states.
  • Star campaigners for a national party can be up to 40; for others, it is 20. Travel expenses of star campaigners are not added to the candidate’s election expenditure.

Multi-State Cooperative Societies Act

  • Cooperative societies are a State Subject (Entry 32, State List).
  • Multi-State Cooperatives are regulated by the central government.
  • The 97th Constitutional Amendment Act, 2011, added Part IX-B to the Constitution.
  • The 2023 amendment establishes a Co-operative Election Authority and a Co-operative Ombudsman.
  • It also creates a Co-operative Rehabilitation, Reconstruction and Development Fund.

Cinematograph (Amendment) Act, 2023

  • Amends the Cinematograph Act, 1952.
  • Introduces age-based certification: ‘UA 7+’, ‘UA 13+’, ‘UA 16+‘.
  • CBFC certificates are now perpetually valid.
  • The Act omits the central government’s revisional powers over certified films, following the SC judgment in K.M. Shankarappa case (2000).
  • Penalties for film piracy: Up to 3 years in prison and a fine up to 5% of the production cost.

OTT Regulation

  • Regulated by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, under the IT Act, 2000.
  • Features a three-tier grievance redressal mechanism.
  • Content is self-classified into five age-based categories: U, U/A 7+, U/A 13+, U/A 16+, A.

Digital Personal Data Protection Act, 2023

  • Follows the Supreme Court’s Puttaswamy (2017) judgment recognizing Right to Privacy as a fundamental right.
  • Establishes the Data Protection Board of India (DPBI).
  • Appeals against DPBI orders lie with the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
  • Data processing requires consent, except for specified ‘legitimate uses’.
  • Penalties for breaches can go up to ₹250 crore.

Criminal Law Reform Acts, 2023

  1. Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code (IPC).
  2. Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (CrPC).
  3. Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act.
  • BNS removes sedition (Sec 124A IPC) and adds a new provision on acts endangering sovereignty.
  • BNS introduces community service as a punishment.
  • BNSS makes forensic investigation mandatory for crimes with 7+ years imprisonment.
  • BSA gives electronic records the same legal status as paper records.

Other Acts

  • Registration of Birth and Death (Amendment) Act, 2023: Creates a national database of births and deaths.
  • Press and Registration of Periodicals Act, 2023: Repeals the 1867 Act, simplifies registration online, and decriminalizes offences.
  • Telecommunications Act, 2023: Replaces the 1885 Telegraph Act. Allows administrative allocation of spectrum for satellite services. Renames USOF to Digital Bharat Nidhi. Keeps OTT services out of its purview.

Mains Insights

Mediation Act, 2023 & ADR

  1. Significance:
    • Reduces Judicial Burden: By promoting out-of-court settlements, it directly addresses the issue of judicial pendency, a major challenge for the Indian justice system.
    • Ease of Doing Business: Provides a faster, cheaper, and more efficient mechanism for resolving commercial disputes, improving India’s ranking and attracting investment.
    • Preserves Relationships: Unlike adversarial litigation, mediation is collaborative and helps preserve personal and commercial relationships.
    • Access to Justice: Makes justice more accessible and affordable for the common citizen.
  2. Challenges in Implementation:
    • Cultural Shift: Requires a shift in mindset from adversarial litigation to collaborative settlement among lawyers and litigants.
    • Capacity Building: Need for a large pool of professionally trained and certified mediators across the country.
    • Infrastructure: Requires adequate physical and digital infrastructure for mediation centres.
  3. Debate on Pre-litigation Mediation: While the Act encourages pre-litigation mediation, making it mandatory for certain disputes could be seen as a barrier to accessing courts. The balance between mandatory processes and voluntary participation is a key policy debate.

CEC and ECs Act, 2023

  1. Independence of ECI - A Historiographical Debate:
    • The Constituent Assembly debates show that figures like Dr. B.R. Ambedkar envisioned an Election Commission insulated from executive pressure.
    • The Supreme Court in Anoop Baranwal (2023) case emphasized that the independence of the ECI is crucial for maintaining the purity of the electoral process and is part of the basic structure of the Constitution.
  2. Cause-Effect Analysis:
    • Cause: The new Act changes the composition of the selection committee by replacing the CJI with a Cabinet Minister.
    • Effect: This creates a 2:1 majority for the executive, raising concerns about its ability to appoint pliable commissioners, which could potentially compromise the neutrality and independence of the ECI.
  3. Comparing Appointment Mechanisms:
    • India’s New Model: Executive-dominated selection committee.
    • SC’s Interim Model: Balanced committee with judicial presence (PM, LoP, CJI).
    • International Models: In South Africa, the President appoints commissioners based on recommendations from a judicial commission and a parliamentary committee. In the UK, a committee of parliamentary speakers oversees the process. India’s new law appears to be a regression from the democratic ideal of institutional independence.

Simultaneous Elections

  1. Arguments in Favour (Governance Perspective):
    • Reduces huge expenditure on frequent elections.
    • Minimizes policy paralysis due to the prolonged imposition of the Model Code of Conduct (MCC).
    • Allows governments to focus on long-term governance rather than being in constant election mode.
    • Reduces the deployment burden on security forces.
  2. Arguments Against (Federalism & Democracy Perspective):
    • Constitutional Hurdles: Requires amendments to multiple articles, including those related to the terms of the Lok Sabha (Art. 83) and State Assemblies (Art. 172).
    • Undermining Federalism: May lead to national issues overshadowing local issues in state elections, weakening the federal character of Indian polity.
    • Forced Dissolutions: Requires artificial curtailment or extension of the terms of several State Assemblies, which goes against the democratic mandate of the people.
    • Logistical Challenges: Requires a massive increase in the number of EVMs, VVPATs, and polling personnel.

Digital Personal Data Protection Act, 2023

  1. Balancing Act: The Act attempts to balance three competing interests:
    • Individual’s Right to Privacy: Upholds this through consent-based data processing.
    • State’s Security and Governance Needs: Provides wide exemptions for government agencies (‘legitimate uses’).
    • Innovation & Digital Economy: Aims to provide a clear regulatory framework for businesses without being overly restrictive.
  2. Debate on State Exemptions: The most significant criticism is against Section 7(b), which allows the government to exempt its agencies from the Act’s provisions on grounds like national security, public order, etc. Critics argue this could lead to a “surveillance state” without adequate checks and balances, diluting the very essence of the Puttaswamy judgment.
  3. Comparison with GDPR:
    • Scope: GDPR is more extensive and provides more stringent rights (e.g., right to be forgotten).
    • Exemptions: GDPR has narrower exemptions for the government.
    • Penalties: GDPR’s penalties are higher (up to 4% of global annual turnover).
    • The Indian Act is seen as more business-friendly but potentially less protective of individual rights compared to the EU’s GDPR.

Criminal Law Reforms

  1. Rationale & Significance: The reforms aim to decolonize Indian law, simplify procedures, incorporate technology, and introduce modern definitions of crime. This is a crucial step in reforming the criminal justice system to make it more citizen-centric and efficient.
  2. Key Debates:
    • Sedition Law: While Section 124A of the IPC is gone, the new provision in BNS is argued to be equally, if not more, stringent and vague, potentially stifling dissent.
    • Police Custody: Provisions in BNSS allowing for police custody to be sought in parts throughout the investigation period have raised concerns about potential misuse and violation of the rights of the accused.
    • Implementation Challenge: The success of these reforms hinges on massive capacity building, including training for police, prosecutors, and the judiciary, and a significant upgrade in forensic infrastructure across the country.

Previous Year Questions

Prelims

  1. With reference to the Legal Services Authorities Act, which of the following statements is/are correct? (UPSC CSE 2020)

    1. Lok Adalats have the jurisdiction to settle the matters at the pre-litigative stage and not those matters pending before any court.
    2. Lok Adalats can deal with matters which are civil and not criminal in nature.
    3. Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
    4. There is no court fee and if the court fee is already paid the amount will be refunded if the dispute is settled at the Lok Adalat.
    • Answer: 4. (Statements 1, 2, and 3 are incorrect. Lok Adalats can handle pending cases, compoundable criminal cases, and include social workers/other persons as members.)

  2. With reference to the Delimitation Commission, consider the following statements: (UPSC CSE 2022)

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct?
    • Answer: Both 1 and 2. (This question relates to electoral processes and bodies, similar in theme to the ECI Act.)

  3. In India, which one of the following compiles information on industrial disputes, closures, retrenchments and lay-offs in factories employing workers? (UPSC CSE 2022) (a) Central Statistics Office (b) Department for Promotion of Industry and Internal Trade (c) Labour Bureau (d) National Technical Manpower Information System

    • Answer: (c) Labour Bureau. (Though not directly from the summary, it relates to areas where ADR like mediation and conciliation are used, e.g., Labour Disputes).

  4. Consider the following statements: (UPSC CSE 2021)

    1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State (Independent Charge), Minister of State and Deputy Minister.
    2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha. Which of the statements given above is/are correct?
    • Answer: 2 only. (Statement 1 is incorrect as the Constitution does not classify ranks of ministers. This question is relevant to the composition of the executive, which is part of the ECI selection committee).

  5. Right to Privacy is protected as an intrinsic part of the Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately implies the above statement? (UPSC CSE 2018) (a) Article 14 and the provisions under the 42nd Amendment to the Constitution (b) Article 17 and the Directive Principles of State Policy in Part IV (c) Article 21 and the freedoms guaranteed in Part III (d) Article 24 and the provisions under the 44th Amendment to the Constitution

    • Answer: (c) Article 21 and the freedoms guaranteed in Part III. (This is directly related to the background of the Digital Personal Data Protection Act, 2023).

Mains

  1. What are the reasons for the introduction of the ‘One Nation, One Election’ proposal in India? Discuss the advantages and disadvantages of holding simultaneous elections. (UPSC Question pattern, illustrative)

    • Answer Structure:
      • Introduction: Briefly explain the concept of ‘One Nation, One Election’ and its historical context in India (pre-1967). Mention the recent formation of the High-Level Committee.
      • Reasons for Introduction: Discuss the core drivers like high cost of frequent elections, policy paralysis due to MCC, administrative burden, and focus on governance.
      • Advantages: Elaborate on the reasons mentioned above – cost savings, improved governance, better implementation of policies, reduced burden on security forces.
      • Disadvantages/Challenges: Discuss constitutional challenges (amending articles, curtailing assembly terms), federal issues (local issues getting overshadowed), logistical hurdles (EVMs, personnel), and the potential impact on voter behaviour and accountability.
      • Conclusion: Conclude by stating that while the idea is appealing from a governance and efficiency standpoint, its implementation requires broad political consensus and careful consideration of its implications for India’s federal and democratic structure.

  2. The Digital Personal Data Protection Act, 2023, is a landmark step towards recognizing the privacy rights of citizens. Critically analyze its provisions, especially in the context of the exemptions granted to the state. (UPSC Question pattern, illustrative)

    • Answer Structure:
      • Introduction: Mention the significance of the Act as India’s first data protection law, stemming from the SC’s Puttaswamy judgment.
      • Positive Provisions: Discuss key features that empower citizens, such as the requirement of consent, rights of data principals (correction, erasure), obligations on data fiduciaries, and the establishment of the Data Protection Board.
      • Critical Analysis of Exemptions: Focus on the broad exemptions granted to government agencies under ‘legitimate uses’ for national security, public order, etc. Argue how this could potentially undermine the right to privacy and lead to unchecked state surveillance, contrary to the principles of necessity and proportionality laid down by the SC.
      • Other Concerns: Briefly touch upon the composition and independence of the DPBI and the dilution of certain provisions from earlier drafts.
      • Conclusion: Conclude that while the Act is a necessary and positive development for the digital economy, its effectiveness in truly protecting citizens’ privacy will depend on how the provisions, particularly state exemptions, are interpreted and implemented with adequate safeguards.

  3. The recent overhaul of India’s criminal laws is aimed at decolonizing the justice system. Examine the key changes introduced and discuss the challenges in their effective implementation. (UPSC Question pattern, illustrative)

    • Answer Structure:
      • Introduction: State the replacement of the IPC, CrPC, and Evidence Act with the BNS, BNSS, and BSA, respectively, and the stated objective of decolonization and modernization.
      • Key Changes: Discuss significant changes thematically:
        • New Offences & Definitions: Organized crime, mob lynching, terrorist acts.
        • Procedural Reforms: Mandatory forensics, timelines for trial, use of technology (e-evidence, video conferencing).
        • Changes in Punishment: Introduction of community service.
        • Controversial Changes: The new provision replacing sedition, changes in police custody rules.
      • Implementation Challenges:
        • Infrastructure: Lack of forensic labs and trained personnel.
        • Capacity Building: Need for massive re-training of police, judiciary, and lawyers.
        • Legal & Procedural Clarity: Potential for litigation and confusion during the transition phase.
        • Resource Allocation: Significant financial investment required for the above.
      • Conclusion: Conclude that the new laws represent a significant legislative reform, but their success in transforming the justice system will be contingent on addressing the formidable implementation challenges through a concerted and well-funded national effort.

  4. “The independence of the Election Commission of India is paramount for a vibrant democracy.” In light of the new Chief Election Commissioner and other Election Commissioners Act, 2023, critically evaluate the new appointment mechanism. (UPSC Question pattern, illustrative)

    • Answer Structure:
      • Introduction: Emphasize the role of the ECI as a bulwark of Indian democracy as per Article 324 and its role in ensuring free and fair elections.
      • Evolution of Appointment Process: Trace the process from executive discretion to the SC’s intervention in the Anoop Baranwal case, which mandated a committee including the CJI.
      • Critical Evaluation of the 2023 Act:
        • Analyze the composition of the new Selection Committee (PM, LoP, Cabinet Minister).
        • Argue how the replacement of the CJI with a Cabinet Minister tilts the balance in favour of the executive.
        • Discuss the potential implications: erosion of public trust, perception of bias, and a threat to the ECI’s institutional independence.
      • Way Forward: Suggest alternatives based on recommendations from bodies like the Law Commission and the Dinesh Goswami Committee (e.g., a more broad-based collegium including the CJI, Speaker, etc.).
      • Conclusion: Conclude that while a parliamentary law on appointments was needed, the current Act raises serious concerns about executive overreach and may weaken a vital constitutional body, underscoring the need for a mechanism that truly insulates the ECI from political influence.

  5. Alternative Dispute Resolution (ADR) mechanisms are critical for reducing the pendency of cases in Indian courts. Analyze the role of Lok Adalats and the new Mediation Act, 2023 in strengthening the ADR framework in India. (UPSC Question pattern, illustrative)

    • Answer Structure:
      • Introduction: Briefly explain the concept of ADR and the problem of judicial pendency in India, citing relevant data if possible.
      • Role of Lok Adalats: Discuss their success under the Legal Services Authorities Act, 1987. Highlight their strengths (speedy justice, no cost, finality of award) and limitations (can only handle compoundable/civil cases, relies on compromise).
      • Analysis of Mediation Act, 2023:
        • Explain how the Act institutionalizes and professionalizes mediation.
        • Highlight its key strengths: legal sanctity of mediated settlements, structured timelines, creation of the Mediation Council of India, and promotion of community mediation.
        • Discuss how it fills a legislative vacuum and provides a robust framework for resolving disputes efficiently.
      • Synergy and Challenges: Explain how Lok Adalats and formal Mediation can complement each other. Discuss common challenges like lack of awareness and the need for trained professionals.
      • Conclusion: Conclude that the established mechanism of Lok Adalats, now strengthened by the comprehensive framework of the Mediation Act, 2023, has the potential to significantly transform India’s justice delivery system by making it more accessible, efficient, and less adversarial.

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