May Current Polity: Lokpal Selection, Modi FIR, Kerala Dam row mrunal.org 1. Prologue Current Affairs May Week1, 2014 2. P1: RPA Section 126-A and 130: Modi’s Selfi 3. P2: Prasar Bharati Autonomy 4. P3: CBI needs no Prior sanction 5. P4: Lokpal selection rules 6. P5: Chief Justice of India: Fixed tenure or not? 7. P6: Judicial appointment commission 1. Polity (You’re here) 2. History, Culture (done click me) 3. Economy (done click me) 4. Diplomacy (done click me) Before reading this article further, consider following questions: GS Mains paper 2 | 200 words | 7 minutes for each question 1. List the salient features of Section 126 and 130 of the Representation of People’s act 1951. 2. Write a note on the structure of Prasar Bharati and suggest measures to strengthen its autonomy. 3. “Supreme court order voiding the Section 6A of the Delhi Special Police Establishment Act is a landmark event in the fight against higher level corruption.” Comment. 4. What is the present mechanism for search and selection of Lokpal? Why did Supreme Court find deficiencies in it? 5. “The state has no right to impose mother tongue in primary schools.” Elaborate. (Interview) 1. Should CJI have fixed tenure of 2 years- CJI Lodha says no, Ex-CJI Sathasivam says yes. What’s your stand? 2. What is the controversy surrounding Mullaperiyar dam? What was Kerala dam law? Why has Supreme Court struck it down? P1: RPA Section 126-A and 130: Modi’s Selfi Topic important because 1. after voting in Ahmedabad, Narendra Modi gave a press conference while brandishing his election symbol. He was booked under RPA 2. GS Mains paper II syllabus: Salient features of the Representation of People’s Act (RPA)
Transcript
May Current Polity: Lokpal Selection, Modi FIR, Kerala Dam row mrunal.org
1. Prologue Current Affairs May Week1, 20142. P1: RPA Section 126-A and 130: Modi’s Selfi3. P2: Prasar Bharati Autonomy4. P3: CBI needs no Prior sanction5. P4: Lokpal selection rules6. P5: Chief Justice of India: Fixed tenure or not?7. P6: Judicial appointment commission
Before reading this article further, consider following questions:
GS Mains paper 2 | 200 words | 7 minutes for each question
1. List the salient features of Section 126 and 130 of the Representation of People’s act 1951.2. Write a note on the structure of Prasar Bharati and suggest measures to strengthen its autonomy.3. “Supreme court order voiding the Section 6A of the Delhi Special Police Establishment Act is alandmark event in the fight against higher level corruption.” Comment.4. What is the present mechanism for search and selection of Lokpal? Why did Supreme Court finddeficiencies in it?5. “The state has no right to impose mother tongue in primary schools.” Elaborate.
(Interview)
1. Should CJI have fixed tenure of 2 years- CJI Lodha says no, Ex-CJI Sathasivam says yes. What’syour stand?
2. What is the controversy surrounding Mullaperiyar dam? What was Kerala dam law? Why hasSupreme Court struck it down?
P1: RPA Section 126-A and 130: Modi’s Selfi
Topic important because
1. after voting in Ahmedabad, Narendra Modi gave a press conference while brandishing his electionsymbol. He was booked under RPA2. GS Mains paper II syllabus: Salient features of the Representation of People’s Act (RPA)
Cognizable offence- police can arrest without courtpermission
2 years or fine or both only fine upto Rs.250
Modi was booked under this sectionCongress demanded that Modi be booked underthis section as well and immediately arrested.
After this incident, Ahmedabad Crime branch investigated and sent a report to EC.IndiaTV(!) said crime branch gave clean chit to Modi because press conference happened 100m
outside the polling area hence no violation done. Police yet to file any chargesheet.
P2: Prasar Bharati Autonomy
Topic important because:
1. From Modi’s interview, DD channel edited out some portions related to Priyanka Vadra, allegedlyon the order of Manish Tewari (Ex-Congress minister for information and broadcasting.)2. GS Mains paper 2 syllabus: Statutory bodies.
Present setup:
Prasar Bharati statutory autonomous bodyIt is the public service broadcaster of IndiaIt has two arms: DD and AIR.
Prasar Bharati Board includes
1 chairman6 part time members (eminent persons selected by Union government)DG of AIRDG of Doordarshan (IAS Officer. Service controlled by Personnel minstry)DG of All India Radio (Indian information and broadcasting service. Service controlled by personnel
ministry)Representative from I&B ministry.
What Reforms needed in Prasar Bharti?
Sam Pitroda Committee (Jan 2014) recommended following:
1. Full autonomy to Prasar Bharati for administration and finance.2. Include Professionals in the Prasar Bharati Board.3. Prasar Bharati be allowed to recruit its own officers (instead of importing IAS & other bureaucratson deputation4. Setup “Prasar Bahrati connect”
1. it’ll be a Prasar bharati arm2. independent of Doordarshan and All India Radio3. will manage social media initiatives
5. Prasar Bharti owns large patches of land across India- for short wave radio transmitters. Thattechnology is old. Sell such land6. Setup a parliamentary committee to monitor Prasar Bharati (means, all parties can have a say intoPrasar Bharati affairs.)7. change funding pattern as following:
Government 20%Private investment. Especially for developing back infrastructure40%Commercialize some activities 40%Total funding 100%
P3: CBI needs no Prior sanction
Syllabus topics
(GSM2): transparency and accountability(GSM4): challenges of corruption.
Present system
CBI derives powers under Delhi Special Police Establishment Act 1946But as per Section 6A of this act, CBI cannot conduct preliminary inquiry against Joint Secretary or
higher rank officers without central government’s approval.But government doesn’t give approval on time, officers get away scot free.
Two petitions filed against this Section 6A:
1. By Subramanian Swamy (2G fame)
2. By an NGO: Centre for PIL
Supreme Court ruled that Section 6A ___.
Hampers the action against high-level corruption (by senior civil servant).6A can be used to shield corrupt officers.6A violates Article 14 of equality before law. Public servant’s high position doesn’t give him
immunity from equal treatmentTherefore 6A is unconstitutional, we declare it null and void.Besides, under Prevention of Corruption Act (PCA), the investigating agency has to take sanction
from concerned authority before starting prosecution. So, no need to carve out additional and specialprotection to senior civil servants
Impact of SC Judgement?
In coalgate, UPA government had rejected rejected preliminary inquiry against former coalsecretary. Now CBI can begin investigation against him.
There are many similar cases pending because central govt. had not granted sanction. But now,CBI is empowered to act against such senior IAS officials without any delay- be it 2G scam, coal,common wealth games and Adarsh scam.
Conclusion:
SC judgment will reduce govt. interference in CBI investigation.But it cannot bear the real fruits until the CBI is granted autonomy in its appointments, finance and
functioning.
P4: Lokpal selection rules
Syllabus topics
(GS2): Statutory, regulatory and various quasi-judicial bodies(GS2): transparency and accountability(GS4): challenges of corruption
Timeline / Sequence of events
December 2013
Lokpal and Lokayukta act passed. Lokpal will consist of
one chairmanFour judicial membersFour non-judicial members
2014, January 1 President gave assent to this bill.2014, May week1NGO-petition against Lokpal selection rules (Rule 10) in SC.
Problem with Existing Provisions (Rule 10)
Lokpal selection rule
Lokpal “recruitment” involves two CommitteesSearch Committee selection Committee
They’ll shortlist the eligible candidates for selection as Lokpalchairman and members.
Will decide the final names.
Search Committee will have 1 chairman + 7 members fromfollowing professional categories (total 8 people)
total five people
1. administrators2. representatives of the law enforcement agencies3. bankers4. judicial officers5. legal professionals6. eminent persons in public life
1. Prime minister2. Speaker, Lok Sabha3. Leader of Opposition, Lok Sabha4. Chief Justice of India CJI OR a judgenominated by him5. One Eminent Jurist.
at least 50% members of search Committee will be SC, ST,OBC, minorities and women. no such reservation
As per the rules, search Committee can to shortlistcandidates only from the list given by Centralgovernment!
so there is no freedom in searching!only those who’re in the ‘good books’ of ruling party,
they’ll get shortlisted.When Lokpal is selected among such candidates, he
is less likely to be impartial and strict while dealingagainst political corruption.
Thus, entire process is illegal, arbitrary and againstArticle 14 of the constitution
Selection Committee has two options
1. We can Select toppers(!) among theshortlisted candidates by searchCommittee.2. we can even select people notshortlisted by the search Committee.
Justice KT Thomas: quits the Search Committee
post because selection Committee can pick evenoutsiders also. then what’s the point of shortlisting?
Govt. chose a practicing lawyer (PPRao) as an eminent jurist.
Now, four sitting judges of supremecourt are in race for to be chosen as
Legal expert Fali Nariman: declined to join as
member of search Committee for all these stupid rules
Lokpal.So, there would be conflict of interest
when a practicing lawyer has to selecta sitting judge of Supreme Court.
No transparency. At least names of eligiblecandidates should be put on website one week beforefinal selection.
Government even reduced “Work-experience” criteriafor shortlisting candidates.
Outcome of NGO petition?
Supreme court observed (UPA) government replied
Selection process is made in such way that it’llundermine the independence and autonomy ofthe Lokpal.
we’ll re-examine the section rulesin the meantime, We’ll not appoint any lokpal
chairman or member (this will be done after newgovernment is elected i.e. Modi).
June 15, 2014: Modi government began reforming search/selection rules of UPA government. Department
of Personnel and Training (DoPT) working on this.
P5: Chief Justice of India: Fixed tenure or not?
At present, CJI is selected on the seniority principle.
Different opinions on fixed tenures40th CJI-P. Sathasivam 41st CJI R.M.Lodha
recommended 2years fixed term for CJI and Chief justicesof high courts.
no need for fixed tenure to CJI.
A short tenure does not provide space to CJI toimplement any reforms or decisions
no CJI appointed before age of 55. and they retiredat age of 65 they don’t have much time left.
Average tenure of Supreme Courtjudges is less than four years
if one judge is given two years fixedterm then other judges may not get anychance to become CJI.
In last 20 years we saw 16 CJIout of them only 4 had tenure more than 2 yearssome less than one year.(Sathasivam himself only
9 months’ tenure!)one CJI had even less than a month’s tenure!!
If law is enacted to make tenure of CJI fixed, it’llundermine independence of judiciary
Since CJI is frequently changed, he cannot implement fullJudicial institutions run on discipline.
scale judicial reforms, which require his personalsupervision for longer period.
if good people with impeccablecharacter are appointed judges theneverything will work out smoothly.
if the kith and kin of the judges practice in thesame court, then bar council should take actionagainst them.
P6: Judicial appointment commission
At present, the judges in SC/HC are selected via a collegium method. But this method is opaque,and lacks accountability. Therefore, Parliamentary Standing Committee on Law and Justicerecommended creating JAC.
In December 2013, UPA cabinet cleared two bills related to this.
Reforming the Judges selection system
120th Constitutional Amendment bill 2013Judicial appointments commission Bill
2013
New Article 124A: JAC composition will be createdby an ordinary act.
New Article 124B: JAC functions listed here.Modified Article 124(2) President shall appoint
judges on recommendation of Judicial appointmentcommission (JAC)
will amend 217: Appointment of HC judges
will amend 222: transfer of HC judges
will amend 231: common court for two or more
states and provision related to judges-transfer in suchcase. (e.g Seemandhra and Telangana)
This ordinary bill/Act will define the compositionof JAC
Chief Justice of India as chairmanTwo Supreme court judgesLaw ministerLaw Secretary (as convenor)Two eminent persons (PM+Opposition
leader+CJI will select them)
Terms and functions will be defined in Constitutionitself.
so they cannot be amended later on without 2/3rdmajority in parliament.
Rajya Sabha has passed this bill. But with dissolution of15th Lok Sabha, bill lapsed. (Ref. PRSINDIA link)
Introduced in Rajya Sabha but referred tostanding Committee on law. Current status:PENDING. (Ref. PRSINDIA Link)
Overall, JAC will have two functions:
1. Will replace the collegium system of appointing SC/HC judges2. Recommend transfer of judges from one high court to another.
three eminent persons in the commission only two eminentpersons
At least one out of them should be an SC/ST/OBC/woman/minority, preferably byrotation.
NO
~800 judges in the highcourt. So, it’ll be better to have state level JAC for theirappointment.
NO
if judge dies/ steps down then JAC should be informed within a month so newrecruitment can be done
yes
JAC should be informed 6 months in advance about the upcoming retirements andvacancies in SC/HC
yes
14th Report of the Law Commission (Motilal Staved )
This JAC formation JAC will not bring any change if its basic criterion for selection will be same asearlier – principle of seniority.
CJI selection should be different from the method of selection of other judges of SC and HCIn past, CJIs could not serve their best capacity, because of limited tenure they retired too soon.Due to seniority principle, many deserving judges retire before they can become CJIJAC should fix this issue by selecting most competent person in administrative, judicial and
leadership skills; social and constitutional philosophy, instead of just focusing on seniority.
P7: [SC order] Mother tongue education in Karnataka
Newspapers have made a simple matter too complex. Moral of the story is just two points:
1. Karnataka government wants every kid be educated in “Non-English” medium for class1 to 4.2. Private school-walla wants “English Medium” from class1 itself. Supreme Court says they’ve rightto do so.
Now let’s get into technical details:
1994: Karnataka government orders following
From class 1 to 4: student should be taught Kannada OR Mother tongue (Tulu, Kodagu, Konkanietc) only.
after class 5, student can shift to English medium or any other medium
Private schools (English medium) did not like this order. NOT ONE BIT.
Matter goes to Karnataka High court
School owners Karnataka government’s defense
Class 1 to 4 students (and their parents)have right to choose medium of instruction inclass1 to 4.
They should be allowed to pick Englishmedium also.
Hence Karnataka government’s order isconstitutionally ultra vires.
Article 350A: State needs to provide facility formother tongue education @primary school.
In a previous case, SC upheld that Stategovernment has right to prescribe medium ofinstruction in schools.
Taarikh pe Taarikh…fast forward to 2008 Karnataka high court ruled that
19/1/GRight to carry any occupation. (English medium) school owners have right to carry
occupation (i.e. running English medium school.)State cannot force them to teach them only in mother tongue (tulu etc.) or Kannada.
21ARight to free and compulsory education.But that also implies freedom to choose (English) medium, even in primary school.
26/A
Religious freedom=> right to establish and maintain institutions for religious and charitablepurposes.
Charitable- indirectly includes educational institutions also. (whether minority or majority,both have this right) so they’re free to pick their medium.
29/1Religious and linguistic minorities have right to setup their own educational institution. they’re alsofree to pick their medium.
29/2 no citizen can be denied admission to an educational institution only on the grounds of language
Given these Constitutional provisions. Karnataka HC ordered that
for government schools, government funded privateschools
Government recognized private (self-financed) schools
state can order them to teach Kannada as one ofthe languages
Government cannot force them to teach in mothertongue or Kannada.
This time, Karnataka State government did not like it. NOT ONE BIT. So they went to Supreme Court.Again Taarikh pe Taarikh. Finally May 6, 2014 The Supreme Court ordered following: (and Hence the topicin news for May week1)
Q1. What does Mother tongue mean? Who’ll decide a child’s mother tongue?
SC order:
Mother tongue doesn’t mean the language which the child is comfortable with.Parent/guardian of the child will decide his mother tongue.
Q2. Does a student or a parent has a right to choose a medium of instruction at primary school?
SC order
Yes, under Article 19/1/a: Freedom of speech and expression. Under this, a child (and hisparent/guardian on his behalf) can chose the medium even at primary school. State cannot imposeany language on them.
Under 19/1/g: right to carry occupation. So (English medium) school owners also have right to runtheir business (of running English medium school). State government cannot force them to teach inmother tongue (tulu etc) or Kannada at primary level.
And Article 21 or 21A is irrelevant here.
Q3. IF state government forces the schools to teach in a specific language, does it affectfundamental rights Article 14, 19, 29 or 30?
SC order:
yes it affects fundamental rights under those articlesAnd therefore, an aggrieved citizen can approach court to seek relief.
Q4. What is the meaning of “Government recognized school”? Only sarkaari schools or private(Self-financed) schools also counted in it?
SC order: all schools counted in it:
1. government schools2. government aided private schools3. Self-financed private schools (if government has granted recognition) to them
Q6. Can government compel linguistic minorities to choose only their mother tongue ingovernment recognized primary schools?
SC order: No. (Union or state) Government doesn’t have such powers.
In other words, Karnataka government cannot “order” any school to teach only in mother tongue orKannada. The said school has freedom to teach in any medium (Even English medium.)
P8: [SC order] Kerala Dam law for Mullaperiyar is void
Gist of the matter is just three points
1. Tamilnadu operates the dam in Kerala. wants to increase water level in it.2. Kerala worries that dam will get destroyed anytime soon due to old age or earthquake. Henceenacted a law to decrease water level in it.3. Supreme court says Kerala law is wrong, Tamilnadu is right.
About the Mullaperiyar dam:
1886The British (Madras presidency) built Mullaperiyar dam with a lease agreement with Kingdom
of Travancore for 999 years.
1970Governments of Kerala and Tamilnadu ratified this agreement.
Type: a masonry gravity dam.River: confluence of Periyar river and Mullayar riverplace: Thekkady, Kerala. The dam site is in Kerala but is leased to TNProvides irrigation to South Tamil Nadu (~2 lakh acres)Periyar river originates from Ananamalai Hills and Joins sea near ErnakulamTN has right to utilise and maintain the dam.
Why controversy:
Map Mullaperiyar dam
Graph Mullaperiyar dam height
In mid-70s, Kerala became worriedabout leakage from the dam and wantedTamilnadu to repair it.
Kerala govt. communicated with union.Union government directed Tamilnadu
state government toRepair this dam.Keep water level in the dam at 145 feet.Now, Union believed there is no longer
any danger to the structure.2006: SC allowed Tamilandu to raise
water height to 152 feet after strengtheningthe dam. (Total height of the dam is 176feet).
But Kerala passed a law the Kerala Irrigation and Water Conservation (Amendment) Act, 2006, toprevent the neighboring State (TN) from raising the water level beyond 136 feet.
Tamilnadu challenged Kerala’s dam height law in Supreme court.
Idduki is thelargest sourceofhydroelectricityin Kerala
The brokenMullaperiyardam can alsodamagePeriyarNational parkand Periyartiger reserve.
Without raisingwater level inthis dam, wecannot sustainour agricultureand drinkingwater
requirement.
this 119 year olddam poses dangerto life and propertynearly 4 million
We’ve doneadequate workto strengthenthe dam
people downstream structure.There was a minorearthquake neardam site. Infact, wewant to reduce waterlevel further to 120feet.
Tremors werevery minor. Nodanger to dam.
2010: Keralademanded thatentire dam bedismantled and weconstruct a new,stronger dam.(Kerala was ready topay entire expense)
Disagreed. Forit’ll take lot timeto setup newdam, whatabout the farm-irrigation in themeantime?
2010: Justice Anand Committee says dam is safe. Mullaperiyar dam poses no danger to idduki dam.
May 2014: Supreme Court order
Kerala dam Law of 2006 is unconstitutional and void.Because Mullaperiyar is a dispute between two states. In such disputes, one state legislature
cannot unilaterally enact law in its own favor.Besides, in 2006 we had allowed Tamilandu to raise water height. By enacting g this law, Kerala is
interfering with our judicial function.Permitted Tamilnadu to increase water level upto 142 feet. (present ~136ft)
June 2014:
Union government decided to setup a Committee to supervise this water rising.Kerala planning to file a review petition in SC.Kerala assembly requested President of India to refer the matter to the Supreme Court under
Article 143
Mock questions for CSAT
Q1. Under representation of people’s act
1. Canvassing near the polling booth is a non-cognizable offense.2. No person can publicize election matter through TV, radio etc. 72 hours before the conclusion ofpolls.3. Both A and B4. Neither A nor B
Q2. Find incorrect statements about Prasar Bharati
1. It is a statutory body under ministry of Ministry of Communications.2. It overseas the working of doordarshan but not All India radio (AIR)3. Both A and B
4. Neither A nor B
Q3. Correct statements about Lokpal
1. It’s 9 person’s body. Four of which, have to be judicial members and among them one must be aneminent jurist.2. Eminent jurist in the Lokpal selection panel is nominated by CJI.3. Law Secretary acts as the convenor cum member Secretary of the Lokpal search Committee.
Answer choices
1. only 1 and 22. only 2 and 33. only 1 and 34. none of them
Q4. Consider following Constitutional amendments
1. 118th: Changes under Article 16 about reservation.2. 119th: transfer of territories between India and Bangladesh3. 120th: judicial appointment commission
Which of them are correctly matched?
1. only 1 and 22. only 2 and 33. only 1 and 34. none of them
Q5. Suppose JAC was created then
1. President would appoint CJI and other judges in supreme court, as per JAC recommendations2. Governor would appoint judges of high court as per JAC recommendations.3. Both A and B4. Neither A nor B
Q6. Suppose, PM wants to reduce salaries of the judges of SC, what should he do?
1. get President to declare financial emergency2. get article 125 amended3. Either A or B4. It is not possible because their salaries are charged upon the consolidated fund of India henceoutside parliament’s scope.
Q7. Suppose, PM wants that President should appoint judges of SC/HC only from the namesshortlisted by PMO, THEN, which articles will he need to modify?
1. 124 and 1252. 217 and 2183. 124 and 217
4. It is not possible because of the collegium system.
Q8 (Again) Suppose, government orders English medium school owners to teach only invernacular mother tongues such as Hindi, Tamil etc. then which articles can the school ownersuse to get relief from HC or SC?
1. Article 21 and 21A2. 19/1/a and 19/1/g3. Article 21A and 19/1/g4. They can’t do anything because government is constitutionally empowered to do so under Article350A.
Q9. Consider following statements about Mullaperiyar dam
1. it’s built on the Mullaperiyar river which originates from Annamallai hills2. At present, Tamilnadu owns and operates the dam3. Maharaja of Travancore had built this dam by taking a lease from Madras presidency.
The incorrect statements are
1. only 1 and 22. only 2 and 33. only 1 and 34. none of them
Q10. Which of the following is a plausible way to resolve Mullaperiyar dam controversy
1. If Tamilnadu pays electricity tax dues to Kerala state government, for using the hydroelectricity ofMullaperiyar dam2. If Tamilnadu pays compensation to displaced Keralites living in the upstream, before increasingthe height of this dam3. If Tamilnadu agrees to divert part of the water from this dam to Kerala farmers in Idduki and otherdownstream regions.4. None of them
Mains and interview
GS Mains paper 2 | 200 words | 7 minutes for each question
1. List the salient features of Section 126 and 130 of the Representation of People’s act 1951.2. Write a note on the structure of Prasar bharati and suggest measures to strengthen its autonomy.3. “Supreme court order voiding the Section 6A of the Delhi Special Police Establishment Act is alandmark event in the fight against higher level corruption.” Comment.4. What is the present mechanism for selection of Lokpal? Why did Supreme Court find deficienciesin it?5. (GS2) “The state has no right to impose mother tongue in primary schools.” Elaborate.
(Interview)
1. Should CJI have fixed tenure of 2 years- CJI Lodha says no, Ex-CJI Sathasivam says yes. What’s
your stand?2. What is the controversy surrounding Mullaperiyar dam? What is SC’s latest judgment on it? What isthe permanent solution to this issue?
Correct answers
1. D neither is right2. C both are wrong3. D none of them right.4. B. 119 = India Bangla; 120 = JAC.5. Answer is A. B is wrong, judges of high court appointed by President and not governor.6. answer C. it is possible to reduce salary of judges via A or B7. C. 124=SC judges appointment, 217 =HC. Read the JAC topic again.8. B. from the SC judgment we saw that it’ll be 19/1/a and 19/1/g9. C. 1 and 3 wrong10. D. none of them. The dam controversy involves different angle altogether.
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