Supreme Court

Reservation in Promotion is not a fundamental Right | UPSC – IAS

Reservation in Promotion is not a fundamental Right | UPSC - IAS

Reservation in Promotion is not a fundamental Right | UPSC - IAS

Reservation in Promotion is not a fundamental Right | UPSC – IAS

The apex court observed the state government has the absolute discretion to decide whether or not to provide for reservation in jobs or reservation in promotions. The Supreme Court ruled that-  There is no fundamental right to reservations in appointments and promotions under articles 16(4) and 16(4A) of the Constitution.

  • The case pertains to a decision by the Uttarakhand government in 2012. Back then, the government had decided to fill up posts in public services without providing reservation to members of the Scheduled Caste (SC) and Scheduled Tribe (ST) communities.

 Supreme Court held that | UPSC – IAS

  • Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant.
  • Article 16(4) empowers state to make any provision for reservation of appointments in favour of any backward class which in opinion of the State, is not adequately represented in the services under State.
  • Article 16(4A), empowers state to make provisions for reservation in matters of promotion to SC/ST employees.

It is settled law that the state cannot be directed to give reservations for appointment in public posts. The order further adds that the state is not bound to make a reservation for SCs and STs in matters of promotions.

  • The court said that no mandamus can be issued by the court directing state governments to provide reservations.
  • However, if the state wishes to exercise its discretion and make such provision, it has to collect quantifiable data showing ‘inadequacy of representation of that class in public services.
  • If the decision of the state government to provide reservations in promotion is challenged then the state concerned will have to place before the court the quantifiable data that reservations became necessary on account of inadequacy of representation of SCs and STs without affecting general efficiency of administration as mandated by Article 335.

Analysis of the judgement | UPSC – IAS

  • The fact that reservation cannot be claimed as a fundamental right is a settled position under the law and has been pointed out by several judgments in the past.
  • In 1967, a five-judge bench in C.A. Rajendran v. Union of India held that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion.
  • The position went on to be reiterated in several other decisions, including the nine-judge bench ruling in Indra Sawhney v. Union of India (1992) and the five-judge bench decision in M Nagaraj v. Union of India (2006).
  • Although this position of law is a settled one, it is nonetheless at odds with certain other principles at the heart of the constitutional vision of equality.
    • In NM Thomas judgement (1976), the Supreme Court held that the Constitution was committed to an idea of substantive equality, i.e. it had to take the actual circumstances of people into account when determining what constituted “equal treatment”.
    • The principled reason for this position was that groups of people who face structural and institutional barriers towards being able to compete on “equal terms” with others in society — for reasons that are historical, but whose effects are enduring – must be treated in a way that mitigates those existing conditions of inequality.
    • Reservations – under this understanding – were a means to bring about genuine and true equality, and not a set of privileges or gifts.
  • To interpret the obligations of the state purely from the textual foundations of Article 16 is not an appropriate approach. Fundamental rights are not isolated provisions and ought to be looked into as an interconnected whole.
  • As there are less avenues for the direct appointment in higher posts, reservations play a major role for the representation of backward classes in higher posts.
    • According to a Parliament reply last year, only one of the 89 secretaries posted at the Centre belonged to the SC, while three belong to the ST. The court order may go against the substantive equality in higher posts.
  • The Supreme Court is not wrong in saying that a writ of mandamus cannot be granted by any court in order to enforce an enabling provision. The writ of mandamus is issued only to compel an authority to discharge a binding duty.

Conclusion | UPSC – IAS

  • It is a settled principle of law that a discretionary power cannot be exercised in a fickle manner. Simply because the exercise of a power is optional for the government does not mean that it can be exercised in a whimsical manner.
  • Article 14 of the Indian Constitution has been interpreted to prohibit all kinds of arbitrary decisions by the government. Thus, the courts are entitled to examine if a discretionary power has been exercised in a judicious manner.

SARFAESI Act 2002 | UPSC – IAS

SARFAESI Act 2002 | UPSC - IAS

SARFAESI Act 2002 | UPSC - IAS

SARFAESI Act 2002 | UPSC – IAS

The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (also known as the SARFAESI Act) is an Indian law. It allows banks and other financial institution to auction residential or commercial properties(of Defaulter) to recover loans

Details About SARFAESI Act

  • The law does not apply to unsecured loans, loans below ₹100,000 or where remaining debt is below 20% of the original principal.
  • It was framed to address the problem of NPA’s (Non-Performing Assets) or bad assets.
  • It allows secured creditors to take possession over a collateral, against which a loan had been provided, upon a default in repayment.
  • It lets the banks as well as other financial institutions to auction commercial or residential properties for the purpose of loan recovery.
  • It gives detailed provisions for the formation and activities of Asset Securitization Companies (SCs) and Reconstruction Companies (RCs).
  • RBI is the regulator for these institutions.
  • It provides the legal framework for securitization activities in India.
  • The Government is not involved in commercial decisions or recovery proceedings of banks or financial institutions.
  • The SARFAESI Act does not differentiate between debtors/borrowers on any basis, including the financial status or debt value.
  • Any aggrieved debtor/borrower has recourse to filing appeal in the Debts Recovery Tribunal (DRT) against action under the SARFAESI Act.
  • The Act was amended in 2016, to empower the ARCs and to enhance the effectiveness of asset reconstruction under the new bankruptcy law.
  • It also gave more regulatory powers to the RBI on the working of ARCs.

The Act provides three methods for recovery of NPAs,

  1. Securitization – It refers to the process of converting loans and other financial assets into marketable securities worth selling to the investors.
  2. Asset Reconstruction – It refers to conversion of non-performing assets into performing assets.
  3. Enforcement of Security without the intervention of the Court.

Foreigners Tribunals act | UPSC – IAS

Foreigners Tribunals act | UPSC - IAS

Foreigners Tribunals act | UPSC - IAS

Foreigners Tribunals and NRC| UPSC – IAS

The Foreigners (Tribunals) Order, 1964 was issued by the Central Government under Section 3 of The Foreigners Act, 1946. It is applicable to the whole country. Major amendments in the Foreigners (Tribunals) Order, 1964 were undertaken in 2013. The last amendment was issued in May, 2019. All these orders are applicable to the whole country and are not specific to any state. Therefore, there is nothing new in this regard in the latest amendment of May 2019.

  • The May 2019 amendment only lays down the modalities for the Tribunals to decide on appeals made by persons not satisfied with the outcome of claims and objections filed against the NRC.
  • Foreigners Tribunals (FTs) are quasi-judicial bodies meant to determine whether a person is or is not a foreigner under Foreigner’s Act, 1946.
  • Foreigners Tribunals were first setup in 1964 and are unique to Assam. In rest of the country, a foreigner apprehended by the police for staying illegally is prosecuted in a local court and later deported/put in detention centres.
  • Each Foreigners Tribunals (FTs) is headed by a member who can be a retired judicial officer, bureaucrat or lawyer with minimum seven years of legal practice.
  • Earlier, powers to constitute tribunals were vested only with Centre. Recently amended Foreigners (Tribunal) Order, 2019 has empowered district magistrates in all States & Union Territories to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.

Foreigners Tribunal and Supreme Court 2019 | UPSC – IAS

Supreme Court held that a Foreigners’ Tribunal’s order declaring a person as an illegal foreigner would be
binding and would prevail over the government decision to exclude or include the name from the National
Register of Citizens (NRC) in Assam.

  • When the draft NRC was published in 2018, around 40.7 lakh people were excluded from the NRC. However, those excluded were allowed to file claims and objections with NRC Seva Kendras. The claims and- objections process will also take into account errors during the update and any new document submitted (like birth certificates, land records etc.)
  • Once the final NRC is published, those excluded can approach Foreigners’ Tribunal, followed by further appeals from Guwahati High Court and Supreme Court.
  • The State Government proposed to set up 1000 Foreigners Tribunals (FTs) to review the appeals of those declared as illegal immigrants.
  • The decision of FTs cannot be abrogated through executive action. According to SC, the principle of ‘resjudicata’ (a judicially decided issue cannot be re-agitated) would apply on the decision of FTs and a person who has been declared an illegal immigrant cannot seek re-decision in normal circumstances.
  • Those, whose appeals are rejected, will be sent to detention centres or deported

Fast Track Courts (FTCs) in India and its Problems | UPSC – IAS

Foreigners Tribunals act | UPSC - IAS

Fast Track Courts (FTCs) in India UPSC - IAS

Fast Track Courts (FTCs) in India its Problems | UPSC – IAS

Fast track courts (FTCs) are special courts for speedy trials not only in India but in Foreign Countries as well. Fast track courts deal with speedy disposal or solution of cases to make the judiciary more effective and to avail justice as fast as possible

  • They were established in the year 2000, to expeditiously dispose of long pending cases in the Sessions Courts and long pending cases of under trial prisoners in a time bound manner.
  • The 11th Finance Commission recommended the creation of 1734 FTCs in the country. They were to be established by the state governments in consultation with the respective High Courts.
  • Fast track courts (FTCs) have also been set up on the orders of various High Courts to accelerate disposal of cases on matters ranging from sexual offences, anti-corruption, riots, and cheque bouncing.
  • The judges for these were appointed on an ad hoc basis, selected by the High Courts of the respective states.
  • There is no central funding to Fast track courts (FTCs) after 2011. However, the state governments could establish FTCs from their own funds.
  • The 14th Finance Commission endorsed the proposal for setting up 1800 FTCs at a cost of Rs.4144.00 crore. It also urged the State Governments to utilize the enhanced devolution of central taxes from 32% to 42% to fund this effort. As on December 2018, 699 Fast track courts (FTCs) are functional across the country
  • Some notable fast track cases- Best Bakery Case, Jessica Lal Murder Case, 26/11 Mumbai case
  • However, questions have been raised over the slow and inefficient working of FTCs. Since inception, close to around 39 lakh cases were transferred to the Fast track courts (FTCs) out of which, 6.5 lakh cases are still pending with Fast track courts (FTCs) .

Issues plaguing the functioning of the Fast Track Courts | UPSC – IAS

  • Insufficient number of fast track courts for the number of cases that are required to be disposed. For example: In Delhi, fast-track courts have only one or two judges. Fast track courts (FTCs) at the level of additional district or session judge is being run on ad hoc or temporary basis though the Supreme Court in 2012 had directed that either they be discontinued or made permanent.
  • Heavy workload- Over the years, the number of cases allotted to them have increased, which has led to the burdening of these courts which in turn slow down the decision process, and compromised quality of judgements.
  • Lack of infrastructure- These courts were not set up with different facilities, but were often housed in an existing court, limiting their effectiveness. Some Fast track courts (FTCs) do not have the equipment needed to conduct video and audio recordings of victims.
  • They do not follow any special, speedier procedure for disposal of cases which leads to usual delay like the regular courts.
  • Financial bottlenecks– In its judgment in the Brij Mohan Lal case, the Supreme Court held that the continuation of FTCs is within the domain of the States with their own funds. This has left Fast track courts (FTCs) on the mercy of State as some states have continued support for FTCs while others did not.

A Way ahead | UPSC – IAS

  • Rationalisation of judicial structures– Fast-track courts and special courts are administered under different judicial bodies, with little coordination or uniformity among them. Therefore, a lead agency to be established by Central and State Governments to review the functioning of courts in a systematic and streamlined manner.
  • Capacity building and improving infrastructure as originally envisaged, therefore hiring of additional judges and new infrastructure, including courtrooms, technological facilities and libraries is the need of the hour. Also, as suggested by the Supreme Court, the ad-hoc judges and support staffs should be granted permanent appointments.
  • Sensitising State Governments- As per the Conference of Chief Ministers and Chief Justices, the State Governments, in consultation with the Chief Justices of the respective High Courts should take necessary steps to establish suitable number of Fast track courts (FTCs) and provide adequate funds for the purpose of creating and continuing them.
  • A holistic approach of fast tracking the investigation to complement the Fast track courts (FTCs) and providing a special procedure different from the procedure followed in the regular courts is required.

Judicial Pendency of cases in Indian Courts | UPSC – IAS

Judicial Pendency of cases in Indian Courts UPSC - IAS

Judicial Pendency of cases in Indian Courts UPSC - IAS

Judicial Pendency of cases in Indian Courts | UPSC – IAS

Pendency of cases across courts in India has increased in the last decade.  In this article, we present data related to pendency of cases and vacancy of judges in the Supreme Court, High Courts, and subordinate courts.

  • In the Supreme Court, more than 30% of pending cases are more than five years old while in the Allahabad High Court, 15% of the appeals have been pending since 1980s.
  • A Law Commission report in 2009 had quoted that it would require 464 years to clear the arrears with the present strength of judges.

As per the National Judicial Data Grid (NJDG), in 2018,

  • 2.93 crore cases are pending in the subordinate courts,
  • 49 lakhs in High Courts and
  • 57,987 cases in Supreme Court.

Five states which account for the highest pendency are:-

  • Uttar Pradesh (61.58 lakh),
  • Maharashtra (33.22 lakh),
  • West Bengal (17.59 lakh),
  • Bihar (16.58 lakh) and
  • Gujarat (16.45 lakh).

Reasons for pendency of cases in Indian courts | UPSC – IAS

  • Shortage of judges – around 5,580 or 25% of posts are lying empty in the subordinate courts. It leads to poor Judges to Population Ratio, as India has only 20 judges per million population. Earlier, Law Commission had recommended 50 judges per million.
  • Frequent adjournments- The laid down procedure of allowing a maximum of three adjournments per case is not followed in over 50 per cent of the matters being heard by courts, leading to rising pendency of cases.
  • Low budgetary allocation leading to poor infrastructure- India spends only about 0.09% of its GDP to maintain the judicial infrastructure. Infrastructure status of lower courts of the country is miserably grim due to which they fail to deliver quality judgements. A 2016 report published by the Supreme Court showed that existing infrastructure could accommodate only 15,540 judicial officers against the all-India sanctioned strength of 20,558.
  • Burden of government cases- Statistics provided by LIMBS shows that the Centre and the States were responsible for over 46% of the pending cases in Indian courts.
  • Special leave petition cases in the Supreme Court, currently comprises to 40% of the court’s pendency. Which eventually leads to reduced time for the cases related to constitutional issues.
  • Judges Vacation- Supreme Court’s works on average for 188 days a year, while apex court rules specify minimum of 225 days of work.
  • Lack of court management systems- Courts have created dedicated posts for court managers to help improve court operations, optimise case movement and judicial time. However only few courts have filled up such posts so far.
  • Inefficient investigation- Police are quite often handicapped in undertaking effective investigation for want of modern and scientific tools to collect evidences.
  • Increasing Literacy- With people becoming more aware of their rights and the obligations of the State towards them, they approach the courts more frequently in case of any violation.

Impacts of Judicial Pendency | UPSC – IAS

  • Denial of ‘timely justice’ amounts to denial of ‘justice’ itself– Timely disposal of cases is essential to maintain rule of law and provide access to justice. Speedy trial is a part of right to life and liberty guaranteed under Article 21 of the Constitution.
  • Erodes social infrastructure- a weak judiciary has a negative effect on social development, which leads to: lower per capita income; higher poverty rates; poorer public infrastructure; and, higher crime rates.
  • Overcrowding of the prisons, already infrastructure deficient, in some cases beyond 150% of the capacity, results in “violation of human rights”.
  • Affects the economy of the country as it was estimated that judicial delays cost India around 1.5% of its Gross Domestic Product annually.

As per the Economic Survey 2017-18 pendency hampers dispute resolution, contract enforcement, discourage investments, stall projects, hamper tax collection and escalate legal costs which leads to Increasing cost of doing business.

Ways to lower the Pendency of cases in the Indian courts| UPSC – IAS

  • Improving infrastructure for quality justice- The Parliamentary Standing Committee which presented its report on Infrastructure Development and Strengthening of Subordinate Courts, suggested:
    • States should provide suitable land for construction of court buildings etc. It should undertake vertical construction in light of shortage of land.
    • Timeline set out for computerisation of all the courts, as a necessary step towards setting up of e- courts.
  • Addressing the Issue of Vacancies- Ensure the appointments of the judges be done in an efficient way by arriving at an optimal judge strength to handle the cases pending in the system. The 120th Law Commission of India report for the first time, suggested a judge strength fixation formula.
    • Supreme Court and High Courts should appoint efficient and experienced judges as Ad-hoc judges in accordance with the Constitution.
    • All India Judicial Service, which would benefit the subordinate judiciary by increasing quality of judges and help reduce the pendency.
  • Having a definite time frame to dispose the cases by setting annual targets and action plans for the subordinate judiciary and the High Courts. The judicial officers could be issued a strict code of conduct, to ensure that the duties are adequately performed by the officials.
  • Strict regulation of adjournments and imposition of exemplary costs for seeking it on flimsy grounds especially at the trial stage and not permitting dilution of time frames specified in Civil Procedure Code.
  • Better Court Management System & Reliable Data Collection: For this categorization of cases on the basis of urgency and priority along with bunching of cases should be done.
  • Use of Information technology (IT) solutions- The use of technology for tracking and monitoring cases and in providing relevant information to make justice litigant friendly. A greater impetus should be given to
    • Process reengineering- Involves redesigning of core business processes to achieve dramatic improvements in productivity and quality by incorporating the use of technology in court rules. It will include:
  • Electronic filing of cases: e-Courts are a welcome step in this direction, as they give case status and case history of all the pending cases across High courts and Subordinate courts bringing ease of access to information.
  • Revamping of National Judicial Data Grid by introducing a new type of search known as elastic search, which is closer to the artificial intelligence.
  • Alternate dispute resolution (ADR)- As stated in the Conference on National Initiative to Reduce Pendency and Delay in Judicial System- Legal Services Authorities should undertake pre-litigation mediation so that the inflow of cases into courts can be regulated.
    • The Lok Adalat should be organized regularly for settling civil and family matters.
    • Gram Nyayalayas, as an effective way to manage small claim disputes from rural areas which will help in decreasing the workload of the judicial institution.
    • Village Legal Care & Support Centre can also be established by the High Courts to work at grass root level to make the State litigation friendly.

Conclusion | UPSC – IAS

The fundamental requirement of a good judicial administration is accessibility, affordability and speedy justice, which will not be realized until and unless the justice delivery system is made within the reach of the individual in a time bound manner and within a reasonable cost. Therefore, continuous formative assessment is the key to strengthen and reinforce the justice delivery system in India.

Reservation in promotion in India (SC and ST ) | UPSC – IAS

Reservation in promotion in India (SC and ST ) UPSC - IAS

Reservation in promotion in India (SC and ST ) UPSC - IAS

Reservation in promotion in India (SC and ST) | UPSC – IAS

Reservation was introduced in the Constitution of India, through Article 16(4), to give protection to deprived sections of society, who have been facing discrimination since ages. Reservation in promotion rests on the principle of consequential seniority. The debate over whether it should be limited to initial appointments or extended to promotions has been a bone of contention.

  • Consequential Seniority means elevation to a senior position consequential to circumstances, and not through normal rules.
  • For Example:- suppose there are 100 sanctioned posts in a department, out of which 30 are occupied by unreserved candidates, 15 are occupied by reserved candidates and 55 remain ‘vacant’. The reservation is 30%, which implies that 30 posts must be manned by reserved category employees. So, if a reserved category employee is junior to a general category employee, but there is vacancy for reserved category at a senior position, so reserved category employee will be considered senior and promoted above the general category employee.
  • In 2002, Karnataka had brought a similar law, but was struck down by the Supreme Court in 2006 in M. Nagaraj vs. Union of India Case. The Supreme Court validated the state’s decision to extend reservation in promotion for SCs and STs, but gave direction that the state should provide proof on the following three parameters to it-
    • Empirical Data on Backwardness- of the class benefitting from the reservation.
    • Empirical Data on Inadequate Representation- in the position/service for which reservation in promotion is to be granted.
    • Impact on efficiency- how reservations in promotions would impact administrative efficiency.
  • Many stakeholders and petitioners were not satisfied with these criteria and various review petitions were filed on this judgment. It was again taken up in Jarnail Singh Case which upheld the 2nd and 3rd criteria of Nagaraj Case. But observed that there is no longer need to collect quantifiable data on the backwardness of SCs and STs. Although it stated that the exclusion of creamy layer while applying the principle of reservation is justified, even in the case of SCs and STs.
  • Last year, the Supreme Court had permitted the Central government for reservation in promotion to SC/ST employees working in the public sector in “accordance with law”.
  • The Karnataka government set up the Ratna Prabha Committee to submit a report on the three criteria and based on its report had come up with the revised bill. This time, the court has upheld it constitutionally

Arguments in favour of reservation in promotions | UPSC – IAS

  • For equality of opportunity- Along with the Constitution the Supreme Court has also, time and again, upheld any affirmative action seeks to provide a level playing field to the oppressed classes with the overall objective to achieve equality of opportunity.
  • Skewed SC/ST representation at senior levels- The representation of SCs/STs, though, has gone up at various levels, representation in senior levels is highly skewed against SCs/STs due to prejudices. Over the years Institutions has failed to promote equality and internal democracy within them. There were only 4 SC/ST officers at the secretary rank in the government in 2017.
  • Case of Efficiency and Merit-
  • Overall efficiency in government is sometimes hard to quantify, and the reporting of output by officers is not free from social bias. For example In Maharashtra, a public servant was denied promotion because his ‘character and integrity were not good’.
  • The administrative efficiency is an outcome of the actions taken by officials after they have been appointed or promoted and is not tied to the selection method itself.
  • A “meritorious” candidate is not merely one who is “talented” or “successful” but also one whose appointment fulfills the constitutional goals of uplifting the members of the SCs and STs and ensuring a diverse and representative administration. A system that promotes substantive equality promotes merit.
  • Further, under the Karnataka Civil Services General Recruitment Rules 1977, the candidate on promotion has to serve a statutory period of officiation before being confirmed; this ensures that the efficiency of administration is, in any event, not adversely affected, the bench concluded.

Arguments against the reservation in promotions | UPSC – IAS

  • Not a fundamental right- Provisions under articles 16(4), 16 (4A) and 16 (4B) of the Constitution are only enabling provisions, and not a fundamental right. Neither was it ever envisaged by the constitutional makers, as can be made out from the debates and statements during the drafting of constitution.
  • Gaining employment and position does not ensure the end of social discrimination and, hence, should not be used as a single yardstick for calculating backwardness.
  • The reservation in promotion may affect the efficiency of administration.

A Way Forward | UPSC – IAS

  • Caste is not a matter of identity or right, when it comes to administrative policy. At difference levels, studies and empirical data should to be collected to decide the level of promotions needed.
  • The Constitution envisages not just a formal equality of opportunity but also the achievement of substantive equality. Currently, there is ambiguity in promotion process. Thus, there is a need for a new, comprehensive law to be enacted.

Tribunals and Quasi-Judicial Bodies in India ? | UPSC – IAS

Tribunals and Quasi-Judicial Bodies in India UPSC - IAS

Tribunals and Quasi-Judicial Bodies in India UPSC - IAS

Tribunals and Quasi-Judicial Bodies in India UPSC – IAS

A quasi-judicial body is an organization or individual on which powers resembling a court of law have been conferred. Such a body can adjudicate and decide upon a situation and impose penalty upon the guilty or regulate the conduct of an individual or entity.

A quasi-judicial body has also been defined as “an organ of government, other than a court or legislature, which affects the rights of private parties through adjudication or rulemaking”

Thus, a quasi-judicial body is one, which exercises a discretion that is essentially judicial in character, but is not a tribunal within the judicial branch of the government and is not a court exercising judicial power in the constitutional sense.

Emergence of Quasi-Judicial Bodies in India

  • As the welfare state has grown up in size and functions, more and more litigations are pending in the judiciary, making it over-burdened. It requires having an alternative justice system.
  • Ordinary judiciary has become dilatory and costly.
  • With scientific and economic development, laws have become more complex, demanding more technical knowledge about specific sectors.
  • The conventional judiciary is suffering from procedural rigidity, which delays the justice.
  • Further, a bulk of decisions, which affect a private individual come not from courts, but from administrative agencies exercising adjudicatory powers.

Tribunals and its main characteristics | UPSC – IAS

There are a large number of laws, which charge the Executive with adjudicatory functions, and the authorities so charged are, in the strict scene, administrative tribunals. Administrative tribunals are agencies created by specific enactments. Administrative adjudication is a term synonymously used with administrative decision-making. The decision-making or adjudicatory function is exercised in a variety of ways. However, the most popular mode of adjudication is through tribunals.

The main characteristics of Administrative Tribunals are as follows:-

  • Administrative Tribunal is a creation of a statute.
  • An Administrative Tribunal is vested in the judicial power of the State and thereby performs quasi-judicial functions as distinguished from pure administrative functions. · Administrative Tribunal is bound to act judicially and follow the principles of natural justice. · It is required to act openly, fairly and impartially.
  • An administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court. Criticisms of Tribunals are as follows:
  • The tribunal consists of members and heads that may not possess any background of law.
  • Tribunals do not rely on uniform precedence and hence may lead to arbitrary and inconsistent decisions.

Categories of Tribunals in India | UPSC – IAS

There are four categories of tribunals in India:

  • Administrative bodies exercising quasi-judicial functions, whether as part and parcel of the Department or otherwise.
  • Administrative adjudicatory bodies, which are outside the control of the Department involved in the dispute and hence decide disputes like a judge free from judicial bias Example: The Income Tax Appellate Tribunal is under the Ministry of Law and not under Ministry of Finance.
  • Tribunals under Article 136 in which the authority exercises inherent judicial powers of the State. Because the functions of the body are considered important over the control, composition and procedure, even Departmental bodies can be classified as Tribunals.
  • Tribunals constituted under Article 323A and 323B having constitutional origin and enjoying the powers and status of a High Court.

Some Examples of quasi-judicial bodies in India:-

  • National Human Rights Commission
  • State Human Rights Commission
  • Central Information Commission
  • State Information Commission
  • National Consumer Disputes Redressal Commission
  • State Consumer Disputes Redressal Commission
  • District Consumer Disputes Redressal Forum
  • Competition Commission of India
  • Appellate Tribunal for Electricity
  • State Electricity Regulatory Commission
  • Railway Claims Tribunal
  • Income Tax Appellate Tribunal
  • Intellectual Property Appellate Tribunal
  • Central Excise and Service Tax Appellate Tribunal
  • Banking Ombudsman
  • Insurance Ombudsman
  • Income tax Ombudsman
  • Electricity Ombudsman
  • State Sales tax Appellate Tribunal

Reservation in India Advantages and Disadvantages | UPSC – IAS

Reservation in India Advantages and Disadvantages | UPSC IAS PCS

Reservation in India Advantages and Disadvantages | UPSC IAS PCS

Reservation in India Advantages and Disadvantages

The system of reservation in India consists of a series of measures, such as reserving access to seats in the various legislatures, to government jobs, and to enrollment in higher educational institutions. The reservation nourishes the historically disadvantaged castes and tribes, listed as Scheduled Castes and Scheduled tribes (SCs and STs) by the Government of India, also those designated as Other Backwards Classes (OBCs) and also the economically backward general. The reservation is undertaken to address the historic oppression, inequality, and discrimination faced by those communities and to give these communities a place. It is intended to realise the promise of equality enshrined in the Constitution.

 Achievements of Reservation Policy (Advantages ) | UPSC IAS | PCS

  • Reservations are a political necessity in India, for giving due representation to all  sections.
  • Although Reservation schemes do undermine the quality of education but still  Affirmative Action has helped many if not everyone from under-privileged and/or  under-represented communities to grow and occupy top positions in the world’s leading  industries.
  • Reservation schemes are needed to provide social justice to the most marginalized and  underprivileged which is their human right.
  • Meritocracy is meaningless without equality. First all people must be brought to  the same level, whether it elevates a section or decelerates another, regardless of merit.
  • Reservations have only slowed down the process of “Forward becoming richer and backward  becoming poorer”.

Negative fallouts of Reservation Policy (Disadvantages) | UPSC IAS | PCS

  • Reservation is similar to internal partition because in addition to being a form of ethnic  discrimination, it also builds walls against inter-caste and inter-faith marriages.
  • Reservations are the biggest enemy of meritocracy. By offering reservation through  relaxed entry criteria, we are fuelling inflation of moderate credentials as opposed to the  promotion of merit based education system, which is the foundation of many progressive countries. Meritocracy should not be polluted by injecting relaxation of entry barriers,  rather should be encouraged by offering financial aids to the underprivileged although  deserving candidates only. Today the IITs and IIMs hold a high esteem in the global scenario due to  their conservation of merit.
  • Caste Based Reservation only perpetuates the notion of caste in society, rather than  weakening it as a factor of social consideration, as envisaged by the constitution.  Reservation is a tool to meet narrow political ends, by invoking class loyalties and  primordial identities.
  • Affirmative Action can be provided at a more comprehensive level taking into account various  factors of exclusion such as caste, economic conditions, gender, kind of schooling received etc. A  comprehensive scheme of Affirmative Action would be more beneficial than reservations in  addressing concerns of social justice.
  • The benefits of reservation policy have largely been appropriated by the dominant  class within the backward castes, thereby the most marginalised within the  backward castes have remained marginalised. It has been observed that mostly the beneficiaries of reservation have been the children of the highest paid professionals and high rank  public officials.
  • Poor people from “forward castes” do not have any social or economic advantage over rich people from backward caste. In such a case, discriminating against the “forward caste” goes counter to the logic of reservation. It would create another “backward class” some years down the line. This ‘perceived’ injustice breads frustration and apathy in the society. The recent protests demanding quotas by some of the forward castes, in Gujarat and Rajasthan, is the testimony to this fact. For example, in Tamil Nadu, forward castes were able to secure only 3% of total seats (and 9% in Open Competition) in professional institutions at Undergraduate level as against their population percentage of 13%. This is a clear case of reverse discrimination.

Conclusion and Analysis Reservation policy in India  | UPSC IAS | PCS

  • The issue of reservation has remained a cause of disagreement between the reserved and the non- reserved sections of the society. While the unreserved segments, keep on opposing the provision, the neediest sections from within the reserved segments are hardly aware about how to get benefited from the provision or even whether there are such provisions.
  • On the contrary, the creamy layer among the same segment is enjoying special privileges in the name of reservation and political factions are supporting them for vote banks.
  • Reservation is no doubt good, as far as it is a method of appropriate positive discrimination for the benefit of the downtrodden and economically backward Sections of the society but when it tends to harm the society and ensures privileges for some at the cost of others for narrow political ends, as it is in the present form, it should be done away with, as soon possible.
  • It is time we address the challenge of reservations honestly, openly, fairly and innovatively. We cannot bury our heads in the sand forever like an ostrich.

Brief Summary | UPSC – IAS

The Reservation Policy in India has both positive and negative implications. While it provides representation for underprivileged communities, it has led to a political division and hindered social progress. The policy’s benefits have often been exploited by the affluent within backward castes, leaving the most marginalized still marginalized. This has sparked protests and debates, questioning the policy’s fairness. Despite its noble intent, the system’s implementation lacks transparency and effectiveness, serving as a tool for political gains. It’s essential to reevaluate the Reservation Policy, ensuring it remains a genuine mechanism for uplifting the disadvantaged, rather than perpetuating division and injustice.

Multiple Choice Questions | UPSC – IAS

1. What is the primary purpose of the Reservation Policy in India?
a) To create divisions among different sections
b) To promote inter-caste and inter-faith marriages
c) To provide equal representation to all sections
d) To hinder the growth of underprivileged communities

Explanation: The primary purpose of the Reservation Policy is to provide equal representation to all sections of society.

2. How does the Reservation Policy impact meritocracy?
a) It encourages merit-based education
b) It supports the principles of meritocracy
c) It hinders the growth of moderate credentials
d) It promotes the selection of deserving candidates only

Explanation: The Reservation Policy has been criticized for hindering the growth of moderate credentials, which can affect the principle of meritocracy.

3. According to the information provided, what is one of the negative consequences of Caste Based Reservation?
a) Weakening of caste-based considerations
b) Promotion of equality among different castes
c) Reinforcement of caste divisions in society
d) Elimination of social injustices

Explanation: Caste Based Reservation perpetuates the notion of caste in society, reinforcing its divisions rather than weakening them.

4. How has the Reservation Policy impacted marginalized communities within the backward castes?
a) It has uplifted the most marginalized individuals
b) It has failed to benefit the most marginalized within the backward castes
c) It has eradicated caste-based discrimination completely
d) It has improved the economic conditions of all backward castes equally

Explanation: The most marginalized within the backward castes have often not received the full benefits of the Reservation Policy, as it has been appropriated by the dominant class within these castes.

5. What social issue has arisen due to the Reservation Policy, according to the information provided?
a) Increased cooperation among different sections
b) Enhanced social justice for all communities
c) Frustration and apathy among the forward castes
d) Elimination of backward classes from society

Explanation: The Reservation Policy has led to frustration and apathy among some forward castes, leading to protests demanding quotas, as described in the information.

Reservation in India and its constitutional Provisions | UPSC IAS | PCS

Reservation in India and its constitutional Provisions UPSC IAS PCS Gk today the hindu

Reservation in India and its constitutional Provisions UPSC IAS PCS Gk today the hindu

Reservation in India and its constitutional Provisions | UPSC IAS | PCS

Reservation in Indian | Introduction

Reservation in Indian law is a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious/ linguistic minority educational institutions, for the socially and educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in these services and institutions.

  • The reservation policy is also extended for the Scheduled Castes and Scheduled Tribes for representation in the Parliament of India.

Reservation in India & its Constitutional Provisions | UPSC IAS | PCS

The exact necessities for the reservation in services in favour of the members of the SC/STs have been made in the Constitution of India. They are as follows:

  • Article 15(4) and 16(4) of the Constitution enabled both the state and Central Governments to reserve seats in public services for the members of the SC and ST, thereby, enshrining impartiality of opportunity in matters of civic service.
  • Article 16(4 A): it makes provisions for reservation in the matter of promotion to any class or classes of posts in the services under the State in favour of SCs and STs (Constitutional 77th Amendment, – Act, 1995).
  • Article 16 (4 B): It enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year (Constitutional 81st Amendment, – Act, 2000).
  • Article 330 and 332: It provides for specific representation through reservation of seats for the SCs and the STs in the Parliament (Article 330) and in the State Legislative Assemblies (Article 332), as well as, in Government and public sector jobs, in both the federal and state Governments (Articles 16(4), 330(4) and 335).

Rationale Behind giving reservation  | UPSC IAS | PCS

  • The underlying theory for the provision of reservation by the state is the under-representation of the identifiable groups as a legacy of the Indian caste system. After India gained independence, the Constitution of India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled Tribes (ST).
  • The framers of the Constitution believed that, due to the caste system, SCs and the STs were historically
    oppressed and denied respect and equal opportunity in Indian society and were thus under-represented in nation-building activities.

Present Status of reservation policy in India and facts about reservation system in india

After introducing the provision for reservation once, it got related to vote bank politics and the following governments and the Indian Parliament routinely extended this period, without any free and fair revisions. Later, reservations were introduced for other sections as well.

  • The Supreme Court ruling that reservations cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put a cap on reservations. The central government of India reserves 27% of higher education for Other Backward Castes, and individual states may legislate further reservations.
  • Reservation in most states is at 50%, but certain Indian states like Rajasthan have proposed a 68% reservation that includes a 14% reservation for forward castes in services and education.
  • However, there are states laws that exceed this 50% limit and these are under litigation in the Supreme Court.For example, the caste-based reservation fraction stands at 69% and is applicable to about 87% of the population in the state of Tamil Nadu.

Conclusion and Suggestion and A way Forward  | UPSC IAS | PCS

  • De-reservation Policy: While caste may continue to be the mainstay of reservation policies, the benefits should flow to the vast majority of underprivileged children from deprived castes; not to a few privileged children with a caste tag. Families of public officials of a certain rank certain high income professionals and others above a certain income should be de-reserved. In other words, once they have received a significant advantage of reservations, they should be able to ensure opportunities for their children and vacate the space for the truly disadvantaged children in their own caste groups.
  • Affirmative steps: We have to address the anger and aspirations of poor families among unreserved communities. With the Supreme Court ruling of 50 per cent ceiling on reservation quotas, no further reservation is possible. But intelligent, creative, fair and practical ways of giving the poorer children among OBCs a helping hand are possible and necessary. For instance, parental education and the school the child attended, are two sure indicators of poverty and the backwardness of a family. If parents have not had education beyond school, and if the child goes to a government school or a low-end, ramshackle private school, it is a sure sign of a lack of adequate opportunity.
  • Make education mandatory and free for all till age of 17
  • Instead of introducing reservations for these backward classes what is required is to bring about revolutionary changes in our education system at the grass-root level. When proper education is not provided to children belonging to such categories during the primary stage itself then on what basis are the reservations provided at a subsequent stage.
  • Reservations on the basis of caste and not on the basis of other conditions are unacceptable. Fair and just reservations to uplift the people with poor conditions of life, those who don’t have meals to eat, clothes to wear and no home to live in. They shall be made on the basis of factors such as gender as women are more disadvantaged than men since primitive times, domicile, family education, family employment, family property, family income and if any disabilities and traumas. The process of reservation should be such that it filters the truly economically deprived individuals and bring them all to justice

Dissolution of state assembly by Governor – Article | UPSC – IAS

Constitutional provisions of - Dissolution of state assembly article

Constitutional provisions of - Dissolution of state assembly article

Dissolution of state assembly by Governor – Article | UPSC – IAS

Constitutional provisions of – Dissolution of state assembly article

  • Article 172 says that every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years.
  • Article 174 (2) (b) of the Indian Constitution merely states that the Governor may, from time to time, dissolve the Legislative Assembly.
  • Article 356 (“President’s rule”): In case of failure of constitutional machinery in State the President, on receipt of report from the Governor of the State or otherwise,
    • May assume to himself the functions of the Government of the State
    • Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament
  •  With Respect to J&K Constitution: The powers under Section 92 (failure of constitutional machinery) and Section 52 (provides for dissolution of assembly) were invoked for this move.

Issues related to Dissolution Powers | UPSC – IAS

  • Lack of Objective Criteria for untimely dissolution: While Article 174 gives powers to the governor to dissolve the assembly, but the Constitution is silent on as to when and under what circumstances can the House can be dissolved.
  • Political reasons being cited for Dissolution: Potential for political instability in the future being cited as a reason in J&K to prevent emerging alliances is undemocratic in nature.
  • Moreover, describing an alliance as opportunistic is fine as far as it is political opinion but it cannot be the basis for constitutional action.

Missing Political Neutrality in Governor’s Office | UPSC – IAS

  • The post has been reduced to becoming a retirement package for politicians for being politically faithful to the government of the day. Consequently, the office has been used by various governments at the centre as a political tool to destabilise elected state governments.
  • For e.g. Bihar State Assembly was dissolved by the governor in 2005 on apprehensions of “horse trading. Later the Supreme Court called the decision to be illegal and mala fide.

Suggestions on Dissolution of state assembly | UPSC – IAS

Sarkaria Commission

    • The state assembly should not be dissolved unless the proclamation is approved by the parliament.
    • Sparing use of article 356 of the constitution should be made.
    • All possibilities of formation of an alternative government must be explored before imposing president’s rule in the state.

M M Punchhi Commission

    • The governor should follow “constitutional conventions” in a case of a hung Assembly.
    • It suggested a provision of ‘Localized Emergency’ by which the centre government can tackle issue at town/district level without dissolving the state legislative assembly

Supreme Court Judgements related to dissolution | UPSC – IAS

Bommai case of 1994

    • The court accorded primacy to a floor test as a check of majority.
    • The court also said that the power under Article 356 is extraordinary and must be used wisely and not for political gain.

Rameshwar Prasad case (2006)

    • Bihar Governor’s recommendation for dissolving the Assembly the previous year was held to be illegal and mala fide
    • A Governor cannot shut out post-poll alliances altogether as one of the ways in which a popular government may be formed.
    • The court had also said unsubstantiated claims of horse-trading or corruption in efforts at government formation cannot be cited as reasons to dissolve the Assembly

Question: – The governor of the state can dissolve the legislature true or false or the governor can dissolve the legislative council of a state

Answer:- Yes, Governor can dissolve the Legislative Assembly if a motion of no confidence in the Premier and the other Ministers of State is passed.

None of the above (NOTA) Vote & its Significance? | UPSC

None of the above (NOTA) Vote & its Significance? | UPSC

None of the above (NOTA) Vote & its Significance? | UPSC

None of the above (NOTA) Vote & its Significance? | UPSC – IAS

It was introduced in India following the 2013 Supreme Court directive. It is an option the voting machine, designed to allow voters to disapprove all the candidates while delivering their vote. However,

  • NOTA in India does not provide for a ‘right to reject’. The candidate with the maximum votes wins the election irrespective of the number of NOTA votes polled.
  • The NOTA votes have not been accounted while calculating votes polled by candidates for making them eligible (1/6th of valid votes) for getting back their security deposits.
  • An Association of Democratic Reforms analysis says that since 2013 till March 2018, NOTA has secured a total of 1.33 crores votes from all assemblies and Lok Sabha polls combined.
  • Election Commission currently has no plenary power to call a fresh election even if NOTA secures highest votes.
  • To give greater sanctity to NOTA and even order a fresh election, Rule 64 of Conduct of Election Rules will have to be amended and can be done by the law ministry. It will not require Parliament sanction

Significance of re-elections in India

  • Freedom of expression: NOTA emanates from our fundamental right of ‘Right to liberty’ and ‘Freedom of Expression’ as it gives a way for the voter to register her consent or discontent for candidates chosen by the political parties.
  • Advantage for democracy: Participation of people is one of the crucial pillars of democracy thus in exercising the NOTA the voter is participating in the electoral process while not abstaining from voting altogether.
  • Improvement of democracy: There is an opaqueness in the selection process of the candidates chosen for representing a political party, with nepotism, favoritism and money power being the driving force. It gives voters an opportunity to express their dissent and may also force parties to field better candidates known for their integrity.

Challenges of conducting fresh election in India

  • Increase of Financial Pressure: Fresh elections lead to massive expenditures by Government as it has to conduct re-election which put extra pressure on the public exchequer.
  • Disruption of democracy: It leads to frequent elections which results in disruption of normal public life and impact the functioning of essential services.
  • Administrative pressure: Election Commission of India has to take help of a significant number of polling officials as well as armed forces to ensure smooth, peaceful and impartial polls.
  • Governance: Conducting fresh election impacts development programs and governance due to imposition of Model Code of Conduct by the Election Commission.