PT 360 Polity May 2024: UPSC Prelims 2025

Article 39(b) of The Constitution and Private Properties 

• The Supreme Court will determine if private properties can be considered as 'material resources of the community' under Article 39(b) of the constitution.
  
  • Article 39(b) in the Directive Principles of State Policy (DPSP) focuses on the distribution of material resources for the common good.

Legal scrutiny of Article 31C and Minerva Mills judgment

• Article 31C protects laws made under Articles 39(b) and (c) allowing the State to take over material resources, including private properties, for the common good.
  
  • Article 39(c) aims to prevent wealth concentration to the common detriment.
• The Minerva Mills case of 1980 invalidated provisions of the 42nd Amendment that restricted Judicial Review and prioritized DPSP over fundamental rights.

Article 329(b) and Limiting Judicial Intervention in Elections    

• The Election Commission of India recently used Article 329(b) of the Constitution to restrict judicial interference in the electoral process.
• Article 329(b) states that elections cannot be challenged except through an election petition filed in accordance with the law.
• The Indian Constitution, specifically Articles 324 to 329 in Part XV, addresses provisions related to elections.

Restrictions on Judicial Intervention in Elections

• The Supreme Court ruling in N. P. Ponnuswami vs Returning Officer, Namakkal Constituency & Ors. (1952) established that once the Election Commission officially notifies the election process, the court cannot interfere.
• The Representation of the People Act (1951), Section 80, also prohibits the challenge of election validity except through an election petition.

Process of Filing an Election Petition

• Election petitions are filed in the state's High Court, which has original jurisdiction over them.
• Appeals can be made to the Supreme Court of India.
• Any candidate or elector involved in the election can file an election petition.
• An elector is defined as a person entitled to vote in the relevant election.

Diplomatic Passport

Eligibility for Diplomatic Passport

• Designated members authorized by the Government of India are eligible
• Eligible persons include those with diplomatic status or government officials on official assignments

Validity Period: Diplomatic Passport is valid for 5 years or less

Issuance Criteria

• External Affairs Minister has discretion to issue Diplomatic Passport
• Criteria include nature of foreign mission or position held by the individual

Advantage:

Immunity Privileges for Diplomatic Passport Holders

• Immunity from arrest, detention, and certain legal proceedings in host country
• Entitled to certain privileges and immunities as per international law

Exemption from Visa Requirement

• MEA issues visa notes to Indian Government officials for official assignments or visits
• Visa Waiver Agreements with Germany and 33 other countries for diplomatic passport holders
• Allows Indian diplomatic passport holders to visit these countries without a visa for up to 90 days

Indian Passport Regulations:

• Passports and Visas are part of Union list in Constitution
• Governed by Passports Act of 1967
• Passport Requirements
  
  • All persons leaving India must have valid passport
  • Some exemptions may apply
  • Non-citizens may be issued passport in public interest
• Types of Passports in India
  
  • Ordinary (blue)
  • Diplomatic (white)
  • Official (maroon)

Form 17C Restrictions on Data Sharing

• The Election Commission informed the Supreme Court that Form 17C data cannot be shared with any entity other than polling officials.
• Form 17C Details:
  
  • Form 17C is linked to the Conduct of Election Rules, 1961.
  • The first part includes information on eligible voters, voters in the register, non-voters, and those not allowed to vote.
  • The second part includes candidate names and their total votes received.

Internet Shutdowns 

News Context

• India witnessed 116 internet shutdowns in 2023, the highest in the world for the sixth consecutive year.

Internet Shutdown

• Internet shutdown is the intentional disruption of internet communications for a specific population or location for any duration of time
• The number of internet shutdowns globally rose by 41% in 2023, with a total of 283 shutdowns compared to 201 in 2022.

Provision for Internet Shutdown

• The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, govern the suspension of telecom services, including internet shutdowns.
  
  • These rules allow for temporary shutdowns of telecom services in a region during a public emergency, for up to 15 days at a time.
  • The Indian Telegraph Act, 1885, gives the central government the power to regulate various types of telecom services, including internet services, and issue licenses for them.
• Only the Union/State home secretary can issue orders for temporary suspension of telecom services.
  
  • A three-member Review Committee, led by the Cabinet Secretary at the central level and the Chief Secretary at the state level, reviews telecom/internet shutdown orders by the central and state governments, respectively.

Supreme Court Judgement in Anuradha Bhasin vs. Union of India and Ors. 2020

• Freedom of speech and expression through the internet is a fundamental right under Article 19(1)(a)
• Restrictions on internet freedom must be in accordance with Article 19(2) of the Constitution

Directions on Internet Shutdown:

• Indefinite suspension of internet services is not allowed under the 2017 Rules
• Suspension of internet can only be temporary
• Any order suspending internet must be proportional and not extend beyond necessary duration
• Orders suspending internet are subject to judicial review.

Mass Media and Election 

News Context

• Recent events have prompted the Election Commission of India to address the misuse of social media by political parties during election campaigns
• The ECI has issued guidelines to ensure the ethical use of social media platforms during elections
• These guidelines aim to prevent misinformation, hate speech, and other unethical practices on social media during election periods.

Guidelines by the ECI

• Prohibition on false, misleading, or derogatory content
• Restrictions on using children in political campaigning on social media
• Ban on depicting violence or harm to animals
• Prohibition on impersonating others on social media

Responsibilities of Political Parties:

• Prompt removal of violating content and warning responsible members
• Reporting unlawful information and fake accounts to social media platforms
• Escalating unresolved issues to the Grievance Appellate Committee

About Mass Media:

• Mass Media encompasses various communication channels that deliver information and entertainment to a wide audience.
• It consists of print media, electronic media, and digital media.
• Often referred to as the Fourth Estate in a democratic society, alongside the Legislature, Executive, and Judiciary.
• Citizens' right to Freedom of Speech and Expression, as outlined in Article 19(1)(a) of the constitution, extends to the press.

Allocation of time for political parties on State Media

• National parties receive a minimum of 10 hours of telecasting time on Doordarshan's national channel and 15 hours on regional channels.
• National parties also get 10 hours of broadcasting time on the national hook-up of AIR and 15 hours on regional AIR stations.
• State parties, collectively, are allocated a minimum of 30 hours of telecasting time on the appropriate regional Doordarshan channel and AIR radio station.

Social Media's Impact on Elections:

• Social media is changing the way political messages are spread by reaching a larger audience quickly.
• It revolutionizes politics by allowing messages to be transmitted instantly to a global audience.

Regulation of Social Media:

• The Information Technology Act, 2000 governs electronic communication, including social media.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Regulations, 2021 aim to hold social media and other intermediaries accountable.

Other Backward Classes (OBCs) List 

News Context

• NCBC is reviewing the state list of Other Backward Classes (OBCs) using powers granted under the 102nd Constitutional Amendment Act.
• NCBC has found ineligible communities in the OBC lists of states like Karnataka and West Bengal.
• NCBC has denied West Bengal's request to include various castes/communities in the Central OBC list and has asked for a report justifying their backwardness.
• NCBC is planning to review OBC lists in Kerala, Odisha, Bihar, Maharashtra, and other states to ensure OBC reservation within the 50% limit.

About OBCs and SEBCs

• Socially and Educationally Backward Classes are commonly referred to as Other Backward Classes (OBCs).
• OBCs List: There are two OBC lists - one at the central level and another at the state level.
  
  • Central List: Specified by the President in consultation with the governor of the state, can only be modified by Parliament.
  • State List: Each state or UT can prepare and maintain its own list of SEBC entries, which may differ from the Central List.
• Reservations for OBCs: Articles 15 and 16 of the Constitution allow for reservation for OBCs in educational institutions and public employment.
  
  • In 1990, 27% reservation for OBCs was implemented in Central Educational Institutions and Government services.
  • Reservation for OBCs was upheld by the Supreme Court in 1992, with the exclusion of the "Creamy Layer" based on income and parental rank.

Commissions for the Upliftment of OBCs

• According to Article 340, the President may issue an order to appoint a commission to investigate the status of Socially and Economically Backward Classes (SEBCs) and recommend actions for the Union or any State to alleviate their challenges and enhance their circumstances.
• The President established the Kalelkar Commission in 1953 and the Mandal Commission in 1979 to assess the situation of Other Backward Classes (OBCs).
  
  • The recommendations made by the Kalelkar Commission were never put into action.
• In 2017, the President appointed the Justice Rohini Commission, led by Justice G. Rohini, to explore the sub-categorization of OBC caste groups to promote a more equitable distribution of reservation benefits among OBCs in India.
  
  • The Commission submitted its findings in 2023, but its recommendations have not yet been implemented.

About NCBC 

Constitutional Status of NCBC: 

• NCBC was granted Constitutional Status under Article 338B through the 102nd Constitutional Amendment Act, 2018.
• This mandates the Union and every State Government to consult the NCBC on major policy matters affecting the rights of OBCs.

Composition of NCBC:

• Includes a Chairperson, Vice-Chairperson, and three other members appointed by the President.
• The service conditions of the members are determined by the President.

Powers of NCBC: The Commission has all the powers of a civil court.

Duties of National Commission for Backward Classes (NCBC)

• Monitor and investigate the safeguards in place for backward classes
• Address specific complaints regarding the deprivation of rights of backward classes
• Provide advice on the socioeconomic development of Other Backward Classes (OBC) and evaluate their progress
• Perform any other functions related to the advancement of OBCs as specified by the President
• Present annual reports to the President on the implementation of safeguards and make recommendations for improvement

UGC Regulation 2018 and State Legislation Clash

• Conflict between UGC Regulation 2018 and state legislation regarding the appointment of vice-chancellors in state universities.
• UGC Regulation 2018 details:
  
  • Enacted under the University Grants Commission Act, 1956.
  • Applicable to various types of universities and colleges.
  • Selection process for Vice Chancellors outlined.
• Requirements for Vice-Chancellor appointment:
  
  • Must be a distinguished academician with specific experience criteria.
• Supreme Court ruling on UGC Regulations:
  
  • UGC Regulations considered part of UGC Act.
  • Central and state governments have legislative power over education.
  • Central legislation takes precedence in case of conflict with state legislation.
  • Violation of UGC Regulations in Vice-Chancellor appointments considered a breach of statutory provisions.

World Press Freedom Index (WPFI) 2024 

India's Ranking in the 2024 World Press Freedom Index

• India was ranked 159 out of 180 countries in the annual World Press Freedom Index 2024.
• The index is released by Reporters Without Borders (RSF), a Paris-based NGO dedicated to defending and promoting freedom of information.
• The report is published on World Press Freedom Day, which falls on May 3rd.
• The theme for the 2024 index is "A Press for the Planet: Journalism in the face of the Environmental Crisis."

Key Points of the World Press Freedom Index 2024

• The top three countries in the index are Norway, Denmark, and Sweden.
• The ranking is based on five indicators: Political, Economic, Legislative, Social, and Security.

Silence Period 

• The silence period is a period of time before voting in elections where political campaigning is banned.
• It starts 48 hours before the voting day and ends after polling ends.
• Prohibitions under the Representation of People Act 1951 during this period include:
  
  • Section 126 (1) prohibits displaying election matter on television or similar apparatus, or propagating election matters through entertainment.
  • Section 126A prohibits conducting Exit polls and displaying their results.
  • Section 126(1)(b) prohibits displaying the results of any Opinion Poll on electronic media.

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