Anti – Defection law | 10th Schedule | UPSC – IAS and PCS

You may have heard about the anti-defection law. Most of the members of the legislatures are elected on the ticket of some political party. What would happen if they decide to leave the party after getting elected? For many years after independence, this issue was unresolved.

• Finally, there was an agreement among the parties that a legislator who is elected on one party’s ticket must be restricted from ‘defecting’ to another party. An amendment to the Constitution was made (52nd amendment act) in 1985. This is known as anti-defection amendment. It has also been subsequently modified by the 91st amendment. The law applies to both Parliament and state assemblies.

What is defection? | UPSC – IAS

• If a member remains absent in the House when asked by the party leadership to remain present or votes against the instructions of the party or voluntarily leaves the membership of the party, it is deemed as defection. “A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.”

Why was the anti-defection law enacted ?

The anti-defection law in India was enacted to address the perceived problem of instability caused by democratically elected legislators in India’s federal system of government shifting allegiance from the parties they supported at the time of election, or disobeying their parties’ decisions at critical times such as during voting on an important resolution. Primary intentions of the law were:-

• To strengthen democracy by bringing stability politics, ensuring legislative programmes of the Government are not jeopardised by a defecting parliamentarian
• To curb political corruption, which was seen as a necessary first step to addressing other forms of corruption in the country.
• Such shifting of allegiance was considered to be a symptom of endemic political corruption, which in turn provided some legitimation for corruption prevalent in other aspects of life in the country.
• They often brought about political instability. This caused serious concerns to the right-thinking political leaders of the country and at last, the anti – defection law was enacted.
• To make members of parliaments more responsible and loyal to the parties with whom they were aligned at the time of their election

An example – Occurred in 1967 when the legislator Gaya Lal changed his allegiance three times in a single day, giving rise to the popular expression Aaya Ram Gaya Ram (“Ram has come, Ram has gone”). The anti-defection law sought to prevent such political defections which may be due to reward of office or other similar considerations.

Are there any flaws in anti defection law ? | UPSC – IAS

How far has the law succeeded in achieving its goal ? | UPSC – IAS

Anti-Defection Law has proven to be woefully ineffective in achieving its key objective. Experience of the past twenty – five years shows that the anti-defection amendment has not been able to curb defections, but it has given additional powers to the party leadership and the presiding officers of the legislatures over the members.

• But, law has been able to curb the evil of defection to a great extent. lately, an alarming trend of legislators defecting in groups to another party in search of greener pastures is visible.
• This only shows that the law needs a relook in order to plug the loopholes.
• Political instability caused by a frequent and unholy change of allegiance by the legislators of our country has been contained to a very great extent.

Inner line permit (ILP) and its Impact | UPSC – IAS

It is a travel document that allows an Indian citizen to visit or stay in a state that is protected under the ILP system. Foreigners need a Protected Area Permit (PAP) to visit tourist places which are different from Inner Line Permits needed by domestic tourists.

• The system is in force today in four North eastern states – Arunachal Pradesh, Nagaland and Manipur, Mizoram.
• No Indian citizen can visit any of these states unless he or she belongs to that state, nor can he or she overstay beyond the period specified in the Inner line permit (ILP).
• The concept stems from the Bengal Eastern Frontier Regulation Act, 1873, where the British framed regulations restricting the entry and regulating the stay of outsiders in designated areas.
• This was to protect the Crown’s own commercial interests by preventing “British subjects” (Indians) from trading within these regions.
• In 1950, the Indian government replaced “British subjects” with “Citizen of India”.
• This was to address local concerns about protecting the interests of the indigenous people from outsiders belonging to other Indian states.
• An ILP is issued by the state government concerned.
• It can be obtained after applying either online or physically. It states the dates of travel and also specifies the particular areas in the state which the Inner line permit (ILP) holder can travel to.

Status of ILP in different states | UPSC – IAS

Meghalaya- It has adopted a resolution for implementing the Inner Line Permit (ILP) regime in the state.

• In November 2019, the Meghalaya Cabinet approved amendments to the Meghalaya Residents Safety and Security Act (MRSSA), 2016, which will lead to laws that require non-resident visitors to register themselves.
• While Meghalaya has amended the law, it is not yet clear what exact rules, visitors to the state would be subjected too. Officially, it has not been said to be a replication of the Inner line permit (ILP) regime.

Assam- In Assam too, there have been demands by certain sections for the introduction of Inner line permit (ILP).

• Groups like the Asom Jatiyatabadi Yuba Chatra Parishad, a youth organisation, has been organising protest demonstrations seeking ILP throughout the state.
• Recently, the Assam finance minister has remarked that Assam will not have the Inner line permit (ILP).

Manipur– The ILP system came into effect in the state of Manipur from January 1, 2020 and is issuing four types of permits – temporary, regular, special, and labour permits.

• Last year, the Manipur People Bill, 2018 was passed unanimously by the state Assembly.
• The Bill puts several regulations on ‘outsiders’ or ‘non-Manipuri people’ in the state.
• The Bill had undergone series of negotiations regarding defining the “Manipuri” people, after which a consensus was reached regarding 1951 as cut-off year for the definition.

Impacts of Inner line permit (ILP) | UPSC – IAS

• Economic Impact– By imposing restrictions on the entry of ‘outsiders’ into these hill states, there are apprehensions that tourism gets affected and the local economy is not able to achieve its potential.
• Scope of error– in issuing these documents has been observed due to human intervention, which causes inconvenience to the visitors.
• Fears of marginalisation- such as in Meghalaya, where a sizable chunk of non-tribal population also resides. There is fear psychosis among the non-tribals that their interests will be overlooked, if the Inner line permit (ILP) is implemented.

Gram Nyayalaya and act of 2008 | UPSC – IAS

Gram Nyayalaya are established generally at headquarter of every Panchayat at intermediate level or a group of contiguous panchayat in a district where there is no panchayat at intermediate level. Gram Nyayalayas or village courts are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to justice system in the rural areas of India.

Structure: It is established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district.

• The State Government, in consultation with the High Court, notifies the boundaries of the area under the jurisdiction of a Gram Nyayalaya. It can also alter such limits at any time.
• It can hold mobile courts in villages falling under its jurisdiction and State Government shall extend all required facilities.

Appointments: The State Government shall appoint a presiding officer called Nyayadhikari for every Gram Nyayalaya in consultation with the High Court, who will be a person eligible to be appointed as a Judicial Magistrate of the First Class.

• The salary and other allowances along with the other terms and conditions of service shall be on the same lines as well.
• Representation shall be given to the members of the SC, ST, women and others.

Jurisdiction, powers and authority: Gram Nyayalaya shall exercise both civil and criminal jurisdiction. The judgment passed by a Gram Nyayalaya in civil cases shall be deemed to be a decree. Gram Nyayalaya can try:-

• Criminal cases,
• Civil suits,

Claims or disputes which are specified in the First and Second Schedules to the Act:-

• Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
• Theft, matters regarding stolen property, where the value of the property stolen does not exceed rupees twenty thousand
• Offences related to central acts such as payment of wages, minimum wages, Protection of civil rights, bonded labour, Protection of Women from Domestic Violence Act, etc.
• Offences under states acts which are notified by each state government.
• Civil and Property suits such as use of common pasture, water channels, farms, right to draw water from a well or tube well etc.
  • The first and second schedules of the Gram Nyayalaya Act can be amended by both the central and state governments.

A Gram Nyayalaya is not bound by the rules of evidence provided in the Indian Evidence Act, 1872 but is guided by the principles of natural justice and is subject to any rule made by the High Court.

• An appeal against a judgement of a criminal case shall be taken to the Court of Session, while a civil case appeal shall be taken to District court. Appeals have to be heard and disposed of within six months.
• The primary focus of the Gram Nyayalaya is to bring about conciliation between the parties. If any stage that there is a reasonable possibility of a settlement between the parties, the proceedings of Gram Nyayalaya shall be adjourned and the matter shall be referred to conciliator/s.
  Ineffectiveness of Gram Nyayalaya

Concurrent jurisdiction with regular courts: Majority of states have set up regular courts at the taluk level instead of setting up Gram Nyayalayas, perhaps with a view to avoid the complexities involved in implementation of a new legislation, fresh appointment of Nyayadhikaris, and negligible funding from the central government.

• Shortage of human resources: The progress is affected by non-availability of judicial officers to function as Gram Nyayadhikaries, Non-availability of notaries, stamp vendors etc.
• Funds: The slow pace of utilisation of funds under the Scheme is mainly due to the lack of proposals from the States for setting up of Gram Nyayalayas.
• While some States were facing problem like inadequate amount of Central funds allocation and the acquisition of land for the establishment of Gram Nyayalayas.
• Reduction of Pendency: One of the objectives of the Act was to reduce pendency and burden on lower courts in the district but it is revealed that even this has not been fulfilled. The number of cases disposed by Gram Nyayalayas is negligible and they do not make any substantial difference in the overall pendency in the subordinate courts.
• Functioning: Gram Nyayalayas have been established on part-time basis (weekly once or twice) and are not in addition to the existing courts. However, it has been observed that in most villages, courts are held only once or twice a month while in others, the frequency is even worse, mostly due to the lack of coordination between High Courts and state governments.
• They have been grappling with systemic defects, lack of practice of recording case data and status, lack of political will etc.
• Lack of awareness: Many of the stakeholders including the litigants, lawyers, police officers and others are not even aware about the existence of Gram Nyayalayas in the district court premises and no conferences or seminars have been organized for creating awareness about this institution.
• Further, there is ambiguity and confusion regarding the specific jurisdiction of Gram Nyayalayas, due to the existence of alternative forums such as labour courts, family courts, etc.

A Way Forward | UPSC – IAS

• Establishment of permanent Gram Nyayalayas: They may be established in every Panchayats at intermediate level or group of contiguous Panchayats at intermediate level depending upon the number of disputes which normally arise from that area. While determining the location of the Gram Nyayalayas the location of courts having parallel jurisdiction may also be considered.
• Infrastructure and Security: Separate building for the functioning of the Gram Nyayalaya as well as for the accommodation of the Gram Nyayadhikaris and other staff need to be constructed. Provision also has to be made for providing adequate security.
• Enhancing of the Central assistance in order to motivate the States should also take place.
• As far the issue of acquiring land is concerned, the State Governments may be encouraged to undertake vertical constructions instead of horizontal to weed out the problem of shortage of land.

Creation of a regular cadre of Gram Nyayadhikari: Officers recruited to this service ought to have a degree in social work apart from a law degree.

• However, some of the Gram Nyayadhikaris opined that creation of such a separate cadre might not be advisable due to the absence of chances of promotion.
• Instead, this could be made a compulsory service for a certain period for a newly recruited judicial officer to the regular cadre of first class judicial magistrates or civil judges.

Training of Gram Nyayadhikari: This is imperative keeping in mind the objectives of Gram Nyayalayas. Apart from the legal and procedural requirements of Gram Nyayalayas, training may also include the local language of the community amongst whom they are posted.

Creation of awareness among various stakeholders: Suitable steps may be taken for creating awareness among various stakeholders including the revenue and police officers.

Gram Nyayalayas Act, 2008 | UPSC – IAS

Gram Nyayalayas Act, 2008 is an Act of Parliament of India enacted for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India.

Features of Gram Nyayalayas Act, 2008 | UPSC – IAS

• Gram Nyayalaya are established generally at headquarter of every Panchayat at intermediate level or a group of contiguous panchayat in a district where there is no panchayat at intermediate level.
• The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a Judicial Magistrate of First Class. Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court.
• A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court. The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
• The Gram Nyayalayas have both civil and criminal jurisdiction over the offences and nature of suits specified in the First, Second and Third schedule of the Act.  The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts. 
• The fees charged in civil suits shall not exceed Rs.100 irrespective of the value of property in dispute.
• Both the Central and the State Government can add or remove items in the Schedule. While the Central Government can amend the list in Schedule I and II, by notifying them and thereafter laying it in the Parliament, the State Government can amend the items in Part III of Schedule I or II, in the areas of law which the state is competent to enact law after due consultation with the respective High Court and notifying it. Such notification has to be laid in the State Legislature.
• Offences are to be tried in a summary manner in accordance with Chapter XXI of Code of Criminal Procedure.
• The Act allows plea bargaining in accordance with Chapter XXIA of Code of Criminal Procedure.
• Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice.
• Civil suits are proceeded on a day-to-day basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit.
• In execution of a decree, the Court can allow special procedures following rules of natural justice.
• Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.
• Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.
• Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction and in civil matters to the District Court within a period of one month from the date of judgment.

Prison Reforms in India | UPSC – IAS

In modern times the idea of making living spaces safe and clean has spread from the civilian population to include prisons, on ethical grounds which honor that unsafe and unsanitary prisons violate constitutional (law) prohibitions against cruel and unusual punishment.

Prison reform is the attempt to:- 

• Improve conditions inside prisons,
• Improve the effectiveness of a penal system, or
• Implement alternatives to incarceration.
• It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.

Prisons‘ is a State subject under Seventh Schedule to the Constitution. However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.

• In response to this, SC had constituted a 3-member committee in 2018, to look into entire gamut of prison reforms across the country and suggest measures to deal with them.

Why is the need for Prison Reforms ? | UPSC – IAS

The Supreme Court, in its landmark decision in Ramamurthy v. State of Karnataka(1996) had identified various problems which need immediate attention for implementing prison reforms.

• Rampant Overcrowding: “Prison Statistics India”, brought out by National Crime Records Bureau stated that in 2015, there were nearly 4.2 lakh inmates in 1,401 facilities against the sanctioned strength of 3.83 lakh, with an average occupancy rate of 114% in most.
• Due to overcrowding the segregation of serious criminals and minor offenders has turned out to be difficult, which can, in turn, cause bad influence over minor offenders. Overcrowding results in –
  • restlessness,
  • tension,
  • inefficiency and
  • general breakdown in the normal administration.
• Delay in Trials: In 2016, 67% of the people in Indian jails were undertrials which is extremely high by international standards like it is 11% in UK, 20% in US and 29% in France.
• Torture and ill-treatment: The prisoners including the undertrials are forced to do severe labour without any remuneration and treated with utmost torture. There has been a continuous rise in the custodial deaths due to torture and ill-treatment. Women prisoners are more vulnerable to abuse.
• Severe staff crunch: 33% of the aggregate prerequisite of jail authorities still lie vacant, whereas, the ratio between the prison staff and the prison population in India is approximately 1:7.
• Inadequate prison infrastructure: Most Indian prisons were built in the colonial era and are in constant need of repair and part of them are uninhabitable for long periods.
• This results into violation of dignity and basic living conditions which go against UN’s Standard Minimum Rules for the Treatment of Prisoners, which suggest of “minimum floor space, lighting, heating and ventilation provision in the prisons.”
• Neglect of Health, Hygiene, food: The prisoners in India suffer from severe unhygienic conditions, lack of proper medical facilities and consistent risk of torment and misuse. The kitchens are congested and unhygienic and the diet has remained unchanged for years now.
• Issue of women prisoners: Of the more than 433,000 inmates across the country, nearly 18,500 were women. Though not exclusively looking after female prisoners, there are just 9.6 % women across all levels of the prison administration in comparison to the 33 per cent suggested in policy documents.
• Lack of Communication facilities: The prisoners are left to live in isolation without any contact with the outside world, their family members and relatives. They remain uninformed about the lives and wellbeing of their family.

Reform measures suggested by Various Committees, Law Commissions and the Judiciary

• All India Prison Service: The All India Committee on Jail Reforms (1980– 1983), under Justice A N Mulla recommended to develop an All India Prison Service as a professional career service with appropriate job requirements, sound training and proper promotional avenues.
• Adherence of Model Prison Manual 2016 by all the States and UTs.
• Uniformity of standards: Central Government along with NGO’s and prison administration should take adequate steps for effective centralization of prisons and a uniform
  jail manual should be drafted throughout the country.

Training & correctional activities for prisoners | UPSC – IAS

• Training to staff in using the latest technology, correctional measures and physical fitness
• Involvement of NGOs and other non-profit organizations for educating the prisoners with improved library facilities.
• Vocational training courses in cloth making, electrification, plumbing, carpentry, etc for the inmates.
• Facilities for recreational activities such as games and competitions for inmates and staff.
• Seminars by jail authorities to enlighten the prisoners on their legal rights, health and sanitation problems, HIV/AIDS and issues of mental health, juveniles, minorities and steps to reduce the violence in prisons.

Infrastructure | UPSC – IAS

• Technological up-gradations such as biometric identification facilities, prisoner information system, provision of CCTVs, video conferencing facilities, etc. are needed.
• Up-gradation of hospital infrastructure such as beds, equipment, testing facilities, vehicle during medical emergency, etc. are needed.
• Staff: All vacant staff positions need to be reassessed. Recruitment of additional staff including medical, guarding, correctional staff, clerical, etc.
• Strengthening the open prison system, which has come as a very modern and effective alternative to the system of closed imprisonment.
• Strengthening PLVs: In 2009, National Legal Services Authority (NALSA) brought out a scheme called the Para-Legal Volunteers Scheme which aimed at imparting legal training to volunteers to act as intermediaries between the common people and the Legal Services Institutions to remove impediments in access to justice ensure legal aid reaching all sections of people.

Conclusion | UPSC – IAS

• Indeed, prisons in India make for a massive social organisation. Part and parcel of the larger criminal justice system, they make an invaluable contribution to upholding up the rule of law and, thereby, to the maintenance of law and order, peace and tranquillity in society.

Nationwide National Register of Citizens (NRC) UPSC – IAS

• The National Register of Citizens is a list of all the legal citizens of the country, with necessary documents.
• Earlier, following the Supreme Court’s order, the Government conducted the NRC updating exercise in Assam and as a result over 19 lakh applicants failed to make it to the NRC list.

Rationale behind the nationwide NRC | UPSC – IAS

• Ascertaining the identity of citizens: NRC will provide a much-needed perspective on the extent of illegal migration. The fear that illegal immigrants will change the demography of the country and influence the politics of different states will also be done away with.
• Demand from some stakeholders- such as the NGOs like the Assam Public Works (APW), which had petitioned the Supreme Court for upgrading the previous NRC.
• Statutory obligation of the state- as the Section 14A in the Citizenship Act of 1955 provides in sub-section (1) that “The Central Government may compulsorily register every citizen of India and issue national identity card to him”.
  • The procedure to prepare and maintain National Register of Indian Citizens (NRIC) is specified in the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
• Move towards solving the immigration issue- as it is expected to deter future migrants from entering the country.
  • It can also aid the agencies in effective border management, especially with Nepal and Bangladesh.

Issues with nationwide NRC | UPSC – IAS

• Existence of deportation provisions- as immigrants are subject to laws like the Foreigners Act, 1946 and Passport (Entry into India) Act, 1920 and tribunals are already empowered to detect, detain and deport them.
• Legal infirmities- The last time the Central government tried to make an identity enrolment mandatory was the Aadhaar project and this was struck down as excessive (except in limited and justifiable cases). The NRIC scheme, as proposed, would thus be directly in violation of the K.S. Puttaswamy judgment on right to privacy.
• Not learning from Assam’s experience- considering the complications that have cropped up in the previous NRC such as-
  • No clarity over previous results- on what the end results mean for the 19 lakh plus people who find them outside the NRC, potentially stateless and at risk of “deportation” to Bangladesh, which refuses to acknowledge the same.
  • Wastage of public resources- as many critics are questioning the expenditure of the taxpayers’ money which were spent on the previous NRC.
  • Lack of capacity- Assam’s first detention centre is being constructed, but it will only house 3,000 people against the need for 19 lakh people excluded from the final NRC. Further, media reports have been stating that these detention camps are infamous for their inhumane living conditions.
  • Protests- Many sections of Assam, like Bodoland students, have been protesting against the repetition of NRC in Assam.
• Concerns of minorities: There are fears that such an exercise could end up targeting minorities in the country.
  • The Citizenship (Amendment) Act, 2019 which makes Hindu illegal migrants and those from certain other minority communities in Afghanistan, Bangladesh and Pakistan eligible for Indian citizenship further creates apprehensions about alienation of minorities in the process.
• Implementation anomalies- as the NRC will take a gigantic toll on people’s time, money and productivity, especially of the poor and illiterate sections.
  • Under the Foreigners Act of 1946, the burden of proving whether an individual is a citizen or not, lies upon the individual applicant and not on the state. Also, the details of how such an exercise will be carried out are not yet known.
  • Further, there is poor documentary culture in India and here around 125 crore Indians will have to produce documentary proof of their ancestors up to a certain date to create a legacy tree.
• No specific policy in ascertaining the fate of people: The government has not prepared a post NRC implementation plan, as the possibility of deportation of illegal migrants to Bangladesh is bleak as the people excluded from the list should be proven citizens of Bangladesh, and that will require cooperation from that country.
• Allegations of human rights violations- as at a US Congress hearing on human rights in South Asia, not just Kashmir issue was raised but Assam’s NRC also came up.
  • Issue of Statelessness: There are apprehensions that India will end up creating the newest cohort of stateless people, on the lines of Rohingyas who fled Myanmar for Bangladesh.

A Way Forward | UPSC – IAS

• Set a common Cut-off date to maximum two generations – which will ease up the process for citizens to show documentary proofs.
  • The problem in Assam was the cut-off year of 1971, which made it near impossible for many to get documents that went so far back in the past.
  • The NRC should attempt to prevent further arrivals of illegal migrants. Past arrivals cannot easily be wished away without causing needless human misery and also disrupting micro-economies in the states where the illegals reside and work.
• Synchronize NRC with Census 2021- as much as possible, as the Census 2021 will kick off from September 2020, there is enough time to tell people to get their documents ready and hand them over for verification to census workers, who can then remit them to the designated tribunals or benches that look into the validity of the documents.
• Bring a fair process- There were allegations that some sections had submitted false documents during Assam’s NRC exercise. A nationwide NRC is expected to learn from this.
• Tackle issue of illegal migration comprehensively- by focussing on comprehensive border management, assistance from international organisations such as United Nations High Commissioner for Refugees (UNHCR) among others.
  • Government of India can work with other governments to get authenticated copies of their own voter and citizenship records. This can be done under a large SAARC convention too.
• Maximize use of technology- such as utilization of digital lockers. Citizens should be told get all their documents authenticated in digital lockers, so all they would need to do is provide access to this documentation when the NRC happens.
  • By appropriately using artificial intelligence and data analytics, governments can match residents suspected of being immigrants fairly easily using multiple databases.