Highlights of New Education Policy | NEP 2020

The National Education Policy 2020 (NEP 2020) is the first New Education Policy to be introduced in India in 21^st century. The last having been implemented in 1986 (34 years ago). Thus, NEP 2020 replaces the National Education Policy on Education (1986) which was modified once in 1992. Before that, the first Education Policy was passed in 1968. The NEP 2020 was also present in the Bharatiya Janata Party’s Manifesto for 2014 LokSabha elections. Efforts for a New Education Policy have been underway since 2015 and in May 2016, the committee for Evolution of the New Education Policy submitted its report. Then, MHRD prepared ‘Some inputs for the Draft National Education Policy 2016’.Eventually, in June 2017, the committee for the Draft National Education Policy was constituted under the Chairmanship of Dr.Krishnaswamy Kasturirangan, former chief of Indian Space Research Organisation (ISRO), which submitted the Draft National Education policy in 2019 to Dr. Ramesh Pokhriyal on 31^st May 2019, after he took the charge of ministry. According to the Government, the NEP 2020 has been formulated after having considered nearly over 2 Lakh suggestions from 2.5 Lakh Gram Panchayats, 6,600 Blocks, 6000 ULBs and 676 Districts.

VISION

• National Education Policy 2020 envisions an India-centric education system that contributes directly to transforming our nation sustainably into an equitable and vibrant knowledge society by providing high-quality education to all.

PROVISIONS

• The Cabinet approved the renaming of the Ministry of Human Resource Development to the Ministry of Education (MoE).

FOR SCHOOL EDUCATION

Universalization of Education from Preschool to Secondary level with 100% Gross Enrolment Ratio (GER) in school education by 2030. To bring 2 Crore out of school children (Drop-Outs) back into the mainstream through an Open schooling system (NIOS and State Open Schools).

The current 10+2 system to be replaced by a new 5+3+3+4 Pedagogical and Curricular Structure corresponding to ages 3-8, 8-11, 11-14 and 14-18 years respectively. This structure, when broken up into corresponding grades, is:

• The ‘Foundational Stage’ covering three years of Anganwadi or Preschool + two years in Primary school in grades 1-2 covering ages 3 to 8 years(Multi level, play/activity-based learning).
• The ‘Preparatory Stage’ covering ages 8 to 11 years or grades 3-5(Play, discovery, activity-based and interactive classroom learning).
• The ‘Middle Stage’ covering ages 11 to 14 years or grades 6-8(Experiential learning in the sciences, Mathematics, Arts, Social Sciences and Humanities).
• The ‘Secondary Stage’ covering ages 14 to 18 years (Multidisciplinary study, greater critical thinking, flexibility and student choice of subjects) in two phases-

1. Grades 9-10 covering age 15 to 16
2. Grades 11-12 covering age 17 to 18

Schools can be organized into complexes or clusters which will be the basic unit of governance and ensure the availability of all resources including infrastructure, academic libraries and a strong professional teacher community.

This policy envisages a shift from summative assessment to regular and formative assessment, which is more competency-based, promotes learning and development and tests higher-order skills such as analysis, critical thinking and conceptual clarity. Board exams for Grades 10 and 12 will be continued and made easier to test core competencies rather than rote/memorized facts. As results, assessment reforms with 360 degree Holistic Progress Card, tracking Student Progress for achieving Learning Outcomes.

• Emphasis on Foundational Literacy and Numeracy, no rigid separation between academic streams, extracurricular, and vocational streams in schools.Vocational Education to start from Class 6 with Internships.
• The policy has emphasized Mother Tongue/Local language/Regional language as the medium of instruction at least till Grade 5, but preferably till Grade 8 and beyond. Sanskrit to be offered at all levels of school and higher education as an option for students, including in the three-language formula.

This policy aims to ensure that no child loses any opportunity to learn and excel because of the circumstances of birth and background. Specially focuses on Socially and Economically Disadvantaged Groups (SEDGs). So, they are setting up of Gender Inclusion Fund and also Special Education Zones. Every state/district will be encouraged to establish “Bal Bhavans” as a special daytime boarding school and school infrastructure can be used as “Samajik Chetna Kendras”.

FOR HIGHER EDUCATION

The goal of NEP 2020 is to increase the Gross Enrolment Ratio in higher education including vocational education from 26.3% (2018) to 50% by 2035. 3.5 Crore new seats will be added to Higher education institutions.

The policy predict multi-disciplinary, holistic Undergraduate education with flexible curricula, creative combinations of subjects, integration of vocational education and multiple entry and exit points with appropriate certification. For example, Certificate after 1 year, Advanced Diploma after 2 years, Bachelor’s Degree after 3 years and Bachelor’s with Research after 4 years. Post-graduation programme is to be of 1 or 2 years.

• M.Phil. courses will be discontinued and all the courses at Undergraduate, Postgraduate and Ph.D. level will now be interdisciplinary.
• An Academic Bank of Credit is to be established for digitally storing academic credits earned from different HEIs, so that these can be transferred and counted towards final degree earned.
• Multidisciplinary Education and Research Universities (MERUs), at par with IITs, IIMs, to be set up as models of best multidisciplinary education of global standards in the country.
• The National Research Foundation will be created as an apex body for fostering a strong research culture and building research capacity across higher education.

The National Education Commission of India (HECI) will be set up as a single umbrella body for the entire higher education, excluding medical and legal education. Public and private higher education institutions will be governed by the same set of norms for regulation, accreditation and academic standards. Also, HECI will be having four independent verticals namely,

• National Higher Education Regulatory Council (NHERC) for Regulation,
• General Education Council (GEC) for Standard setting,
• Higher Education Grants Council (HEGC) for Funding,
• National Accreditation Council (NAC) for

Affiliation of colleges is to be phased out in 15 years and a stage-wise mechanism to be established for granting graded autonomy to colleges.Over a period of time, every college is expected to develop into either an autonomous degree-granting college, or a constituent college of a university.

• A new and comprehensive National Curricular Framework for Teacher Education (NCFTE) 2021, will be formulated by the National Council for Teacher Education (NCTE) in consultation with NCERT. By 2030, the minimum degree qualification for teaching will be a 4 year integrated B.Ed. degree.
• An autonomous body, the National Educational Technology Forum (NETF) will be created to provide a platform for the free exchange of ideas on the use of technology to enhance learning, assessment, planning and administration.
• The fees of both private and public universities will be fixed. Meritorious students belonging to SC, ST, OBC and SEDGs will be given incentives.
• It also aims to increase state expenditure on Education from around 4% to 6% of GDP as soon as possible.

CONCLUSION

The NEP 2020 is the first education policy of the 21^st century which aims at making “India as a Global Knowledge Superpower” because it is stand on the pillars of “access, equity, affordability, accountability. This policy is a comprehensive framework for elementary education to higher education as well as vocational training in both rural and urban India. The policy aims to facilitate an inclusive, participatory and holistic approach, which takes into consideration field experiences, empirical research, stakeholder feedback, as well as lesson learned from best practices. It is a progressive shift towards a more scientific approach to education. The prescribed structure will help to cater the ability of the child-stages of cognitive development as well as physical and social awareness.It also aims to address the many growing developmental imperatives of our country and is aligned to the 2030 Agenda for Sustainable Development.

Moreover, The National Education Policy 2020 has been projected and applauded as the Government of India’s resolve to expand and vitalise equitable quality public education. The document emphasis interventions in early childhood education; foundational literacy and numeracy; rearrangement of curricular and pedagogical structure of school education; reorganisation of teacher education and a new institutional architecture for higher education. Shortly after the release of the policy, the government clarified that no one will be forced to study any particular language and that the medium of instruction will not be shifted from English to any regional language. The language policy in NEP is a broad guideline and advisory in nature; and it is up to states, institutions and schools to decide on the implementation. This is a free country and Education is a concurrent subject.

About Contempt of Court | UPSC – IAS

Contempt jurisdiction is exercised to uphold the dignity of the judicial system which includes within itself the dignity of courts and tribunals as well and to ensure the majesty of judicial institutions so that it may not be lowered.

• Contempt of court is a concept that seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.
• Contempt of court – Article 129 and Article 215 empowers the Supreme Court and the High Courts respectively, to punish people for their contempt.
• Article 129, states that “The Supreme Court shall be a court or record and shall have all the powers of such a court including the power to punish for contempt of itself”.
• It is one of the restrictions on freedom of speech and expression under Indian Constitution
• The punishment for contempt of court is simple imprisonment for a term up to six months and/or a fine of up to Rs. 2,000.

Types of Contempt of Court | UPSC – IAS

Contempt of court may be civil or criminal.

• Civil contempt is committed when someone willfully disobeys a court order, or willfully breaches an undertaking given to court.
• Criminal contempt consists of three forms:
  • Words, signs and actions that “scandalize” or “lower” the authority of any court.
  • Prejudices or interferes with any judicial proceeding.
  • Interferes with or obstructs the administration of justice.
• However, innocent publication and distribution of some matter, fair and accurate report of judicial proceedings, fair and reasonable criticism of judicial acts and comment on the administrative side of the judiciary do not amount to contempt of court.
• The Contempt of Courts Act, 1971 was amended in 2006 to introduce truth as a valid defence against a charge of contempt, if it was in public interest and was invoked in a bona fide manner.

Power of Supreme Court | UPSC – IAS

As a Court of Record, the Supreme Court has two powers:-

• The judgements, proceedings and acts of the Supreme Court are recorded for perpetual memory and testimony. These records are admitted to be of evidentiary value and cannot be questioned when produced before any court. They are recognised as legal precedents and legal references.
• It has power to punish for contempt of court, either with simple imprisonment for a term up to six months or with fine up to Rs 2,000/- or with both. In 1991, the Supreme Court has ruled that it has power to punish for contempt not only of itself but also of high courts, subordinate courts and tribunals functioning in the entire country.

NOTE:- The power of contempt is often invoked to ensure compliance with the orders given by the courts and in their execution, and for punishing those who are responsible for the lapses in the manner of compliance.

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.

Model Code of Conduct (MCC) | An Analysis | UPSC – IAS

The origins of the Model Code of Conduct (MCC) lie in the Assembly elections of Kerala in 1960, when the State administration prepared a ‘Code of Conduct’ for political actors. For the 2019 Indian general election the code came into force on 10 March 2019 when the Commission announced the dates and remains in force till the end of the electoral process.

• It is a set of guidelines laid down by the Election Commission to govern the conduct of political parties and candidates in the run-up to an election. This is in line with Article 324 of the Constitution, which gives the Election Commission the power to supervise elections to the Parliament and state legislatures.
• It comes into force the moment an election is announced and remains in force till the results are declared. This was laid down by the Supreme Court in the Union of India vs. Harbans Singh Jalal and Others Case.
• It is intended to provide a level playing field for all political parties, to keep the campaign fair and healthy, avoid clashes and conflicts between parties, and ensure peace and order. So, there are guidelines on general conduct, meetings, processions, polling booths, observers, election manifesto of political parties.
• Its main aim is to ensure that the ruling party, either at the Centre or in the states, does not misuse its official position to gain an unfair advantage in an election. There are guidelines on conduct of ministers and other authorities in announcing new schemes, using public exchequer for advertisements etc.

Legal Status of Model Code

• The MCC is not enforceable by law. However, certain provisions of the Model Code of Conduct (MCC)may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.
• The Election Commission has argued against making the Model Code of Conduct (MCC)legally binding; stating that elections must be completed within a relatively short time (close to 45 days), and judicial proceedings typically take longer.
• On the other hand, in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the Model Code of Conduct (MCC)legally binding and the Model Code of Conduct (MCC)be made a part of the Representation of the People Act, 1951.

Main Points of the Model Code of Conduct | UPSC – IAS

• The government may not lay any new ground for projects or public initiatives once the Model Code of Conduct comes into force.
• Government bodies are not to participate in any recruitment process during the electoral process.
• The contesting candidates and their campaigners must respect the home life of their rivals and should not disturb them by holding road shows or demonstrations in front of their houses. The code tells the candidates to keep it.
• The election campaign rallies and road shows must not hinder the road traffic.
• Candidates are asked to refrain from distributing liquor to voters. It is a widely known fact in India that during election campaigning, liquor may be distributed to the voters.
• The election code in force hinders the government or ruling party leaders from launching new welfare programs like construction of roads, provision of drinking water facilities etc. or any ribbon-cutting ceremonies.
• The code instructs that public spaces like meeting grounds, helipads, government guest houses and bungalows should be equally shared among the contesting candidates. These public spaces should not be monopolized by a few candidates.
• On polling day, all party candidates should cooperate with the poll-duty officials at the voting booths for an orderly voting process. Candidates should not display their election symbols near and around the poll booths on the polling day. No one should enter the booths without a valid pass from the Election Commission.
• There will be poll observers to whom any complaints can be reported or submitted.
• The ruling party should not use its seat of power for the campaign purposes.
• The ruling party ministers should not make any ad-hoc appointment of officials, which may influence the voters in favor of the party in power.
• Before using loudspeakers during their poll campaigning, candidates and political parties must obtain permission or license from the local authorities. The candidates should inform the local police for conducting election rallies to enable the police authorities to make required security arrangements.

Contemporary Challenges in implementing Model Code of Conduct | UPSC – IAS

Emergence of new forms of electoral malpractices-

• Manipulation through the media – The misuse of the media is difficult to trace to specific political parties and candidates.

Weakened capacity of the ECI to respond to violations of MCC-

• Weak or Delayed Response– to inappropriate statements by powerful political actors. Consequently, political actors are regaining the confidence to flout the MCC without facing the consequences.
• Digital Content– Most of the [election-related] information flow does not happen via the IT cells of political parties, but through third-party contracts. Even though, the ECI has evolved a self-regulatory social media code for major players, still many platforms such as Telegram and WeChat are becoming increasingly relevant for political mobilization.
• Debate over some issues– such as national security, disaster management. Some political parties alleged that the ruling party has misused such issues. But, the Election Commission has said that these issues do not fall under the ambit of MCC.

Implications of Poll Code Violations |UPSC – IAS

• Weakens the position of Election Commission– whereby the credibility and authority of the commission is undermined.
• Abuse the principle of free and fair elections– whereby incidents such as use of money power or muscle power, does not allow equal competition between all participants.
• Shifts the narrative from performance to identity– whereby political parties ignore the MCC guidelines against using caste and communal feelings to secure votes.
• Erosion of public trust in Indian democracy– as the promise of free and fair elections is seemingly defeated.

A Way Forward | UPSC – IAS

• Need to include people in the MCC- through mobile apps such as ‘cVIGIL’ to enable citizens to report on violation of election code of conduct. If people reject candidates and parties that violate MCC, it will create an inherent pressure on contestants to abide by MCC.
• Fast Track Court for Election Dispute- so that whenever, the ECI takes a punitive action, its final order is obtained as soon as possible.
• Strengthening Election Commission of India- by greater transparency in appointments and removal of the election commissioners, reducing dependency on Central Government for paramilitary forces among others.

What does Article 246 (Seventh Schedule) convey ?  | UPSC IAS | PCS

The Constitution provides a scheme for demarcation of powers through three ‘lists’ in the seventh schedule.

• The union list details the subjects on which Parliament may make laws e.g. defence, foreign  affairs, railways, banking, among others.
• The state list details those under the purview of state legislatures e.g. Public order,  police, public health and sanitation; hospitals and dispensaries, betting and gambling  etc.
• The concurrent list has subjects in which both Parliament and state  legislatures have jurisdiction e.g. Education including technical education, medical  education and universities, population control and family planning, criminal law, prevention  of cruelty to animals, protection of wildlife and animals, forests etc.
• The Constitution also provides federal supremacy to Parliament on concurrent list  items i.e. in case of a conflict; a central law will override a state law.

Devolution of power

• Time and again centre-state relations come under scanner due to rising demands from various corners of the country for more power devolution in favor of states.
• The Indian governance system though federal in nature has strong central tendencies which born out of a mix causes i.e. the inertia to stay within the guidelines set by the Government of India act of 1935, fear of cessation etc.

Centralization of power vis a vis Concurrent list | UPSC IAS | PCS

• Since 1950, the Seventh Schedule of the Constitution has seen a number of amendments. The Union List and Concurrent List have grown while subjects under the State List have gradually reduced.
• The 42nd Amendment Act was implemented in 1976, restructured the Seventh Schedule ensuring that State List subjects like education, forest, protection of wild animals and birds, administration of justice, and weights and measurements were transferred to the Concurrent List.
• The Tamil Nadu government constituted the PV Rajamannar Committee to look into Centre-State relations. It spurred other states to voice their opposition to this new power relation born due to 42nd amendment act and Centre’s encroachment on subjects that were historically under the state list. Parliament on concurrent list items i.e. in case of a conflict; a central law will override a state law.

Issues with Concurrent list | UPSC IAS | PCS

• Limited capacity of states: Some laws enacted by Parliament in the concurrent list might require state governments to allocate funds for their implementation. But due to federal supremacy while the states are mandated to comply with these laws they might not have enough financial resources to do so.
• Balance between flexibility and uniformity: Some laws leave little flexibility for states to sync the laws according to their needs for achieving uniformity. A higher degree of detail in law ensures uniformity across the country and provides the same level of protection and rights however, it reduces the flexibility for states to tailor the law for their different local conditions.
• Infringement in the domain of states: Some Bills may directly infringe upon the rights of states i.e. relates to central laws on subjects that are in the domain of state legislatures. E.g. anti-terrorist laws, Lokpal bill, issues with GST and Aadhar etc. where states’ power are taken away in a cloaked manner.
• This asymmetry highlights the need for a detailed public debate on federalism and treatment of items in the concurrent list.

What can be done ? | UPSC IAS | PCS

• Strengthening of Inter-State Council: Over the year committees starting from Rajamannar, Sarkaria and Punchi have recommended strengthening of Interstate Council where the concurrent list subjects can be debated and discussed, balancing Centre state powers. There is far less institutional space to settle inter-state frictions therefore a constitutional institution like ISC can be a way forward.
• Autonomy to states: Centre should form model laws with enough space for states to maneuver. Centre should give enough budgetary support to states so as to avoid budgetary burden. There should be least interference in the state subjects.

Sarkaria Commission Recommendation on Concurrent List | UPSC IAS | PCS

• The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent List.
• The Centre should consult the states before making a law on a subject of the Concurrent List.
• Ordinarily, the Union should occupy only that much field of a concurrent subject on which uniformity of policy and action is essential in the larger interest of the nation, leaving the rest and details for state action.

Frequently Asked Questions  | UPSC IAS | PCS

What is the concept behind concurrent list in India ?

• The aim of the concurrent list was to ensure uniformity across the country where  independently both centre and state can legislate. Thus, a model law with enough flexibility for  states was originally conceived in the constitution.
• Also, few concurrent list subjects required huge finances needing both centre and state to contribute.

How many lists are there in the Indian Constitution ?

• The State List or List-II is a list of 61 items (Initially there were 66 items in the list) in Seventh Schedule to the Constitution of India. The legislative section is divided into three lists: Union List, State List and Concurrent List.  Both union and state governments have powers to legislate on the subjects mentioned in the concurrent list.

Recently in News Because: 

• Claiming they had misled Parliament on the Rafale fighter jet deal issue, a breach of privilege motion was moved against Prime Minister and Defence Minister.
• A claim of ‘breach of privilege’ was raised against chairman of the Parliamentary Standing Committee on finance, for “lowering the dignity and ethics of the Finance Committee” by tweeting about the committee’s deliberations

Concept of privileges and types of privileges

The concept of privileges emerged from the British House of Commons when a nascent  British Parliament started to protect its sovereignty from excesses of the monarch.

The Constitution (under Art. 105 for Parliament, its members & committees /Art.  194 for State Legislature, its members & committees) confers certain  privileges on legislative institutions and their members to:

• Protect freedom of speech and expression in the House and insulates them against  litigation over matters that occur in these houses
• Protect against any libel through speeches, printing or publishing
• Ensure their functioning without undue influence, pressure or coercion
• Ensure sovereignty of Parliament
• Currently, there is no law that codifies all the privileges of the  legislators in India. Privileges are based on five sources: i) Constitutional provisions ii)  Various laws of parliament (iii) Rules of both the houses iv) Parliamentary  conventions v) Judicial interpretations
• Whenever any of these rights and immunities is
• Exclude strangers from proceedings. Hold a secret sitting of the legislature
• Freedom of press to publish true reports of Parliamentary proceedings. But, this  does not in case of secret sittings
• Only Parliament can make rules to regulate its own proceedings
• There is a bar on court from making inquiry into proceedings of the house (speeches,  votes etc.) Individual
• No arrest during session and 40 days before and 40 days after the session. Protection available  only in civil cases and not in criminal cases
• Not liable in court for any speech in parliament
• Exempted from jury service when the house is in session.

Committee on Privileges

• Standing committee constituted in each house of the Parliament/state legislature.
• Consists of 15 members in Lok Sabha (LS) and 10 members in Rajya Sabha (RS) to be nominated by the Speaker in LS and Chairman in RS.
• Its function is to investigate the cases of breach of privilege and recommend appropriate action
  to the Speaker/Chairperson. disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.  However, there are no objective guidelines on what constitutes breach of privilege and what  punishment it entails.

Following procedure is followed in privilege cases:

• A notice is moved in the form of a motion by any member of either house against those being  held guilty of breach of privilege.
• The Speaker/ Rajya Sabha chairperson is the first level of scrutiny of a privilege motion.  They can take a decision themselves or refer it to the privileges committee of  parliament. Privilege committee in Parliament as well as in state legislatures decides upon such  cases.
• An inquiry is conducted by the committee and based on findings a recommendation  is made to the legislature.
• A debate can be initiated on the report in the House and based on the discussion, the Speaker  can order the punishment as defined by the privileges committee.