Criminalization of Politics

• 44% of current Members of Parliament (MPs) are facing criminal charges, with 5% being billionaires as per the Association of Democratic Reforms (ADR) report.
• The ADR report also reveals that 50% of MPs facing criminal charges are from states like Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, Telangana, and Himachal Pradesh.
• Among MPs with criminal charges, 29% are involved in serious criminal cases such as murder, attempt to murder, and crimes against women.

About Criminalization of Politics

• Refers to the infiltration of criminals, lawbreakers, and corrupt individuals into the political system, who then use their influence for personal gain at the expense of the country and its citizens.
• Reasons for criminalization include the growing nexus between political parties and criminals, lack of laws governing election procedures, and the use of money power to buy votes for illegitimate purposes.
• Impact of criminalization includes undermining free and fair elections, affecting good governance and the integrity of public servants, and promoting corrupt activities like bribery and embezzlement that harm the social fabric of society.

Supreme Court judgements to prevent criminalization of politics

• Lily Thomas Vs UOI (2013): Members of Parliament and State Legislatures convicted of a crime with a minimum sentence of 2 years imprisonment would lose their membership in the house.
• Public Interest Foundation v UOl (2018): A person cannot be disqualified from membership in a legislative body solely based on the framing of criminal charges against them.

Election Commission Introduces Home Voting

• Election Commission of India to introduce home voting in 2024 election
• Aim to ensure no voter is left behind
• Home Voting Facility:
  
  • Allows voting from home with full polling staff and security personnel
  • Secrecy of voting maintained
  • Beneficiaries: Persons with disabilities (PwDs) meeting 40% benchmark disability, senior citizens above 85 years
• Other Inclusive Voting Steps:
  
  • Abolishing Form-M for Kashmiri migrants in Jammu and Udhampur
  • SVEEP to engage PwDs and educate friends, families, polling officials
  • Proposed Multi-Constituency Remote Electronic Voting Machine (RVM) for migrant voters
  • Postal ballot for special voters, service voters, voters on election duty, and electors in preventive detention
  • Proxy voting for service voters to delegate voting rights to a representative

Service voters include:

• Service voters are individuals who are eligible to vote despite being away from their usual place of residence due to their service commitments.
• This category includes members of the armed forces, police forces serving outside their state, government employees posted outside India, and members of forces governed by the Army Act, 1950.
• Service voters are provided with special provisions to ensure they can exercise their right to vote, such as postal ballots and electronic voting options.

EVM-VVPAT

News Context

• The Supreme Court dismissed requests for full cross-verification of EVMs data with VVPAT records in the case of Association for Democratic Reforms vs Election Commission of India And Another (2024).
• In 2023, ADR filed a petition in the Supreme Court regarding the manipulation of EVMs and made three requests to the court.
  
  • Return to paper ballot system
  • Provide printed slip from VVPAT machine to voters for verification and counting
  • 100% counting of VVPAT slips in addition to electronic counting

Key highlights of the Judgment:

• Verification of VVPAT: Court recognized voters' fundamental right to ensure accurate recording and counting of their votes but clarified that it does not mean the right to count all VVPAT slips.
• Return to paper ballot: Court refused to return to paper ballot citing checks and protocols to ensure legitimacy and integrity of EVMs and election process.

Directions to enhance public confidence in EVM-VVPAT:

• Strengthening of Symbol Loading Unit (SLU) protocol: Sealing and securing SLU containers signed by candidates or representatives for 45 days post result declaration.
• Verification of burnt memory: Verification of burnt memory semi-controller of 5% of EVMs per assembly segment of a parliamentary constituency upon request within 7 days post result announcement.

Evolution of EVM-VVPAT

• 1982: EVMs introduced in Kerala bye-election
• 1989: Amendment to allow EVM use in elections
• 2004: EVMs used in General Elections
• 2013: Supreme Court mandates VVPAT use
• 2019: Supreme Court ruling on VVPAT verification

About EVM-VVPAT

• EVM is a portable microcontroller-based device used in elections to modernize the voting process.
  
  • Manufactured and supplied by Bharat Electronics Limited and Electronic Corporation of India Limited.
• Consists of three units: Ballot unit, Control unit, and VVPAT.
• Ballot Unit: Functions like a keyboard with 16 buttons/keys.
• Control Unit: Also known as the master unit, remains with the polling/presiding officer.
• VVPAT (Voter Verifiable Paper Audit Trail):
  
  • Allows voters to verify that their votes are cast as intended.
  • Prints a slip with the serial number, name, and symbol of the candidate when a vote is cast.
  • The slip is visible through a transparent window for 7 seconds before dropping into a sealed box.
  • Introduced for transparency in the voting system and to restore voter confidence in the accuracy of EVMs.

Related Facts

• Goa was the first state to use VVPATs with all EVMs in 2017.
• VVPATs were fully deployed in the 2019 Lok Sabha General Elections.

Disclosure of Assets by Election Candidates

• Supreme Court ruling on privacy rights of election candidates
  
  • Candidates have the right to privacy on matters that are not relevant to their candidacy or public life
• Statutory Provisions on Declarations by Election Candidates
  
  • Section 33 of the Representation of People's Act (RPA), 1951: Deals with nominations for election candidates and providing valid information
  • Section 36 of RPA, 1951: Allows for scrutiny of nominations and gives returning officers the power to reject nominations with substantial defects

Fiscal Federalism

News Context

• Some states have taken legal action against the Centre for disputes over financial resources sharing.
• Tamil Nadu, Kerala, and Karnataka governments have filed cases against the Centre for various issues related to financial resources.

Fiscal Federalism in India

• Fiscal federalism involves the sharing of funding and administrative responsibilities among federal, state, and local governments within India's federal system.

Principles:

• Fiscal Equivalency: Each public service should have a separate jurisdiction that includes the individuals who consume it.
• Decentralization theorem: Public services should be provided by the jurisdiction that can internalize the benefits and costs of such provision in the minimum geographic area.
• Principle of Subsidiarity: Functions should be performed at the lowest level of government in a hierarchical manner.

Constitutional Provisions on India's Fiscal Federalism Arrangement

• Seventh Schedule: Defines tax bases between Union and States.
  
  • Union List and State List (Article 246).
• Distribution of Revenue:
  
  • Taxes wholly assigned to states by the Centre (Article 269).
  • GST distribution between Centre and States (Article 269-A).
  • Taxes distributed between Union and States (Article 270).
• Grants-in-Aid: Provided by Centre to states (Article 275).
• Borrowings:
  
  • Union government can borrow within or outside the country (Article 292).
  • State government can borrow within India (Article 293).
  • States indebted to Union need consent for further borrowing.
• Finance Commission (FC): Constituted by President every five years (Article 280) to adjudicate resource sharing between Union and States.

National Human Rights Commission (NHRC)

News Context

• The NHRCI's accreditation by GANHRI has been deferred for the second year in a row.
• NHRCI first received 'A' status accreditation in 1999 and had its accreditation deferred in 2016 before receiving an 'A' rating in 2017.
• The current deferral of NHRCI's accreditation is due to a lack of diversity in staff and leadership, as well as insufficient action to protect marginalised groups.

Background on NHRIs Accreditation:

• GANHRI ensures compliance of NHRIs with Paris Principles.
• Aims to ensure independence, pluralism, and accountability of NHRIs.
• NHRIs reviewed by SCA for initial accreditation and re-accreditation every five years.

Accreditation Levels:

• 'A status': Fully compliant NHRIs with independent participation rights at UN Human Rights Council and General Assembly bodies
• 'B status': Partially compliant NHRIs participating in GANHRI meetings but unable to vote or hold governance positions

Key points about the Paris Principles

• Established by the UN General Assembly in 1993.
• Sets minimum standards for National Human Rights Institutions (NHRIs) to be considered credible.
• Includes requirements for mandate and competence, autonomy from government, independence guaranteed by a statute or constitution, pluralism, adequate resources, and powers of investigation.

Global Alliance of National Human Rights Institutions (GANHRI)

• Established in 1993 as ICC, now known as GANHRI.
• 120 members (as of December 2023).
• Sub-Committee on Accreditation (SCA) reviews and accredits NHRIs in compliance with Paris Principles.
  
  • SCA includes one 'A' status institution from each GANHRI regional grouping
  • OHCHR is a permanent observer on SCA and serves as the secretariat to GANHRI and its SCA.

About the National Human Rights Commission (NHRC) 

• Headquarters: Located in New Delhi.
• Establishment: Established under the Protection of Human Rights Act (PHRA) in 1993, amended in 2006 and 2019.
  
  • PHRA defines Human Rights as rights related to life, liberty, equality, and dignity of individuals.
  • Appointment Process: Chairperson and Members appointed by the President of India based on recommendations from a committee headed by the Prime Minister.
  • Committee includes Speaker of Lok Sabha, Minister of Home Affairs, Leader of Opposition in Lok Sabha and Rajya Sabha, Deputy Chairman of Rajya Sabha.
• Tenure: Chairperson and members serve for three years or until the age of seventy, eligible for reappointment.
• Removal Process: Can be removed by the President for proved misbehavior or incapacity after consultation with the Supreme Court.
• Powers of NHRC: 
  
  • Powers of a civil court under the Code of Civil Procedure, 1908.
  • Can summon witnesses, examine them under oath, request documents, receive evidence on affidavits, requisition public records, issue commissions for witness examination or document review.

Composition of National Human Rights Commission of India (NHRCI)

• Chairperson: Retired Chief Justice of India or a Judge of the Supreme Court.
• 5 full-time Members:
  
  • Retired or serving Judge of the Supreme Court.
  • Retired or serving the Chief Justice of a High Court.
  • 3 other members with knowledge and practical experience in human rights, including at least one woman.
• 7 deemed Members: Chairpersons of various national commissions for minorities, backward classes, persons with disabilities, scheduled caste, scheduled tribes, protection of child rights, and women.

Functions of NHRC

• Inquire into human rights violations on its own or based on a victim's petition.
• Intervene in court proceedings involving human rights violations with court approval.
• Conduct visits to jails and institutions under state government control to assess living conditions of inmates.
• Review laws and procedures for the protection of human rights.
• Review factors, including acts of terrorism, that hinder human rights protection.

Role of Civil Servants in Governance

News Context

• Prime Minister highlighted the importance of civil servants on Civil Services Day

About Civil Services

• Civil servants are permanent officials in the executive branch of government.
• The concept of a merit-based modern Civil Service in India was introduced in 1854 following Lord Macaulay’s Report.

Types of Civil Services:

• All India Services: recruited and trained by the Central Government, but work in different States.
• Central Services: for purely Central subjects.
• State Services: for administration of subjects under State jurisdiction.

Constitutional provisions related to Civil Services

• Article 310: States that individuals in the civil service of the Union hold office at the pleasure of the President, while those in the civil service of the States hold office at the pleasure of the Governor.
• Article 311: Outlines the provisions for dismissal, removal, or reduction in rank of civil service members.
• Article 312: Allows for the establishment of All India Services.

Initiatives to Enhance Civil Servants' Functioning

• Mission Karmayogi: Aims to transform capacity building at individual, institutional, and process levels in the Government of India.
  
  • iGOT - Karmayogi platform: Online platform for civil service officials' capacity-building journey.
• National Standards for Civil Service Training Institutions (NSCSTI): Developed to elevate quality and capacity of training delivery at Central Training Institutes.
• Aarambh: Common foundation course for civil servants training launched in 2019.
• National Training Policy: Aimed at developing professional, impartial, and efficient civil servants.
• Prime Minister's Awards for Excellence in Public Administration.

Rights of Persons with Disabilities (RPwD) Act, 2016

News Context

• In the Seema Girija Lal & Anr Vs Union of India & Ors case, the Supreme Court expressed disappointment at the inadequate implementation of the RPwD Act, 2016.
• Many states, including Andhra Pradesh, Chattisgarh, UP, Punjab, Tripura, and UT of Chandigarh, were found to be lagging in the implementation of various provisions of the Act.
• This includes the appointment of State Commissioners, creation of State Funds for PwDs, formation of assessment boards for disability certificates, and establishment of Special Courts.
• The Supreme Court directed all states to implement various provisions of the Act by June 30.
• The Ministry of Social Justice and Empowerment was also directed to update the court with a status of compliance.

About PWDs:

• PwDs often experience stigma, discrimination, and neglect due to prejudice and cultural reasons, despite constitutional guarantees of equality.
• Their abilities are frequently underestimated, leading to a cycle of underachievement and hindering their personal growth.

Statistics on Persons with Disabilities (PWDs)

• According to Census 2011, 2.21% of the total population in India consists of PwDs.
• 69% of PwDs reside in rural areas.
• 56% of PwDs are male.
• 21% of all PwDs are elderly individuals aged 60 years and above.

Rights of Persons with Disabilities (RPwD) Act, 2016

Background:

• The Act aims to ensure equal opportunities and dignity for all Persons with Disabilities (PwDs).
• It is based on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) of 2007.

Key Provisions of the Act:

• Definition of Persons with Disabilities (PwD): PwD refers to individuals with long term physical, mental, intellectual, or sensory impairments that hinder their full participation in society.
• Disabilities recognized: Recognizes 21 types of disabilities including acid attack victims, intellectual disability, mental illness, etc.
• Rights of Persons with Disabilities:
  
  • Governments are responsible for ensuring equality, dignity, and respect for PwDs.
  • Protection from abuse, cruelty, violence, and exploitation.
  • Other rights include the right to home and family, reproductive rights, accessibility in voting, and the right to own or inherit property.
• Persons with Benchmark Disabilities: Refers to individuals with at least 40% of a specified disability as certified by the relevant authority.
• Guardianship:
  
  • Limited guardianship may be appointed for PwDs who cannot make legally binding decisions.
  • District Court or designated authority may grant total support if needed.
  • Limited guardianship is based on mutual understanding and trust between the guardian and the PwD.
• Social Security: Mandates the government to formulate programs to safeguard the rights of PwDs for an adequate standard of living.

Special Provisions for Persons with Benchmark Disabilities

• Education: Free education for individuals aged 6 to 18 years, with a minimum of 5% reservation in Government and Government aided higher educational institutions.
• Employment: At least 4% reservation in government jobs, with the possibility of age relaxation. Government may exempt certain establishments from this provision.
• Incentives to Private Sector: Government may provide incentives to private sector employers to ensure that at least 5% of their workforce consists of Persons with Disabilities (PwDs).
• High Support: Provision for high support for individuals with benchmark disabilities who require it.

Other Provisions in the Act for Effective Implementation

• Financial Support: Creation of National and State Funds to provide financial support to PwDs.
• Chief Commissioner and Commissioners: Appointment at Central and State levels to safeguard the rights of PwDs.
• Advisory Boards: Establishment of Central and State Advisory Boards on Disability as policy-making bodies.
• Regulatory Bodies: Strengthening of regulatory bodies for monitoring and grievance redressal.
• Special Courts: Notification of Special Courts and Special Public Prosecutors by State Governments to try offenses under the Act.
• Penalties: Provision of fines for breaching any of the provisions of the Act.

Initiatives for Persons with Disabilities in India

Draft National Policy for Persons with Disabilities: Proposed to align with UNCRPD, RPwD Act 2016, and National Education Policy 2020

National Legislations:

• Ministry of Social Justice: Rehabilitation Council of India Act, National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, RPwD Act 2016
• Ministry of Health and Family Welfare: Mental Healthcare Act 2017

Scheme for Implementing of Persons with Disabilities Act, 1995 (SIPDA):

• Accessible India Campaign (Sugamya Bharat Abhiyan)
• Skill Development Programme for PwDs
• Establishing early diagnostic and intervention centres at District Headquarters

International Initiatives:

• Adoption of Incheon Strategy for Persons with Disabilities in Asia and Pacific
• Declaration on the Full Participation and Equality of People with Disabilities in the Asia-Pacific Region
• Biwako Millennium Framework for an inclusive society

Major Schemes for Persons with Disabilities (PwDs)

1. Social Empowerment:

• Accessible India Campaign (AIC): Aims to make public places accessible for PwDs.
• Unique Disability Identification (UDID) Project: Provides a unique ID to PwDs for better access to government schemes and benefits.

2. Physical Empowerment: Assistance to disabled persons for purchase/fitting of aids/assistive devices (ADIP): Helps PwDs in acquiring necessary devices for better mobility and independence.

3. Economic Empowerment:

• National Action Plan for Skill Training of Persons with Disabilities: Focuses on providing skill training to PwDs for better employment opportunities.
• Concessional loan to entrepreneurs: Supports PwDs in starting their own businesses.

4. Educational Empowerment:

• Scholarships for students with Disabilities: Provides financial assistance to PwDs pursuing education.
• Deendayal Disabled Rehabilitation Scheme (DDRS): Aims to provide rehabilitation services to PwDs.

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

News Context

• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014 recently completed 10 years of enactment.

About street vendors

• Current status: There are around 10 million street vendors in India, with cities like Delhi and Mumbai having the largest share. Most of them are migrants.
• Contribution to economy: Street vending accounts for 14% of the total urban informal employment in the country.
• Opportunities for the poor: Street vending provides a self-employment opportunity with low capital requirements.
• Challenges faced by street vendors:
  
  • Financial insecurity due to low income and irregular employment.
  • Poor working conditions such as long hours and lack of access to basic facilities.
  • Women face additional challenges such as lack of sanitation facilities and security issues.

Constitutional Provisions related to Street Vendors

• Article 19(1)(g): Guarantees the right to practice any profession, occupation, trade, or business.
• Articles 39 (a): Ensures citizens, both men and women, have the right to an adequate means of livelihood.
• Article 39 (b): Calls for the distribution of material resources to serve the common good.

Evolution of rights of street vendor in India

• 1985: SC advocated for enforcing hawker licenses and establishing hawking and no-hawking areas.
• 1989: SC affirmed street traders' right to carry on business under Article 19(1)(g).
• 1995: India signed Bellagio International Declaration of Street Vendors to establish national policies.
• 1998: NASVI was established to protect the livelihood rights of Street Vendors.
• 2004: National Policy on Urban Street Vendors formulated and revised in 2009.
• 2012: Street Vendors Bill introduced for social security of street vendors.
• 2014: Street Vendors Act came into force to protect livelihood and regulate street vending.

About Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

Background:

• Street vending is often criminalized by city officials, police officers, and residents.
• Despite recognition of street vending in India's National Policy on Urban Street Vendors, challenges in including street vendors in urban planning persist.
• Organizations like NASVI and the Supreme Court have called for structured regulation and legislation for street vendors.

Key provisions:

• Definition of Street Vendor (SV): A person engaged in selling goods or services to the public on streets, lanes, footpaths, etc.
• Definition of vending zones: Designated areas for street vendors to operate, including footpaths and sidewalks.
  
  • Vending zones can only accommodate up to 2.5% of the population of a ward/zone/city.
• Street vending plans (SVPs): Local authorities must create SVPs that identify vending zones, plan for street vendors, and ensure efficient distribution of goods and services.
• Duties outlined in the Act:
  
  • Street vendors must follow local laws, pay vending fees, and comply with hygiene and safety standards.
  • Government must provide support such as credit, insurance, and social security schemes for street vendors.

Rights of Street Vendors under the Act

• Right to Conduct Business: Street vendors have the right to carry out vending activities as specified in their Certificate of Vending (CoV).
• Prevention from Harassment: Street vendors holding a valid CoV and complying with its conditions cannot be harassed or prevented from vending by anyone.
• Relocation or Eviction: Street vendors cannot be relocated or evicted from their designated areas without a 30-day prior notice, giving them time to make necessary arrangements.
• Reclaiming of Goods: Confiscated goods of a street vendor must be released by the local authority either on the same day for perishable goods or within two working days for non-perishable goods after the vendor claims them, ensuring their rights are protected.

Key Bodies established under the Act

Town Vending Committees (TVCs):

• Composition: 
  
  • Chairperson: Municipal Commissioner or CEO.
  • Other Members: Representatives from local authority, planning authority, local police, etc. At least 40% of members must be SVs, with a third being women.
• Functions:
  
  • Surveys: TVCs must survey all street vendors (SVs) every five years to identify them.
  • Issuance of CoV: Every SV over 14 identified in the survey will receive a Certificate of Vending (CoV). Priority given to marginalized groups.
  • Cancellation of CoV: Can cancel or suspend a CoV for non-compliance.
• Appeal: Appeals against TVCs decisions lie with the local authority.

Grievance Redressal Committees (GRC):

• Appointment: Government may constitute one or more GRCs.
• Functions: Addressing grievances or disputes of SVs.
• Composition: Chairperson must be a civil judge or judicial magistrate, with two other professionals for dispute resolution.
• Appeal: Appeal against GRC decisions can be made to the local authority.

Other Initiatives to Protect Street Vendors in India

• PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) Scheme: Offers collateral-free working capital loans to street vendors.
• Support to Urban Street Vendors (SUSV): Part of Deendayal Antyodaya Yojana- National Urban Livelihoods Mission (DAY-NULM), providing skilling, micro-enterprise development, and credit enablement.
• Pradhan Mantri Kaushal Vikas Yojana (PMKVY) 3.0: Includes skilling of Street Food Vendors under Recognition of Prior Learning (RPL) component for those applying for e-cart license.

Supreme Court Ask Government to Act on Advertisements Misleading

• Supreme Court Urges Government Action on Misleading Advertisements
• SC calls on Government to address misleading advertisements by FMCG firms
• Union Ministries asked to report on actions taken to combat deceptive advertising practices
• Definition of Misleading Advertisements
  
  • Any claim that gives consumers incorrect understanding of a product or service
  • Criteria under Consumer Protection Act 2019 for identifying misleading ads
• Impact of Misleading Advertisements
  
  • Violation of consumers' right to information and choice
  • Potential for financial loss and mental distress
  • Health and safety risks, especially with medical product ads
• Initiatives to Combat Misleading Advertisements
  
  • Guidelines issued by CCPA in 2022
  • Drugs and Magic Remedies Act of 1954
  • Consumer Protection Act of 2019
  • Food Safety and Standards Act of 2006

Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954

• Case before Supreme Court on misleading claims in Ayurveda-related company ads
• Prohibition of misleading claims under Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954
  
  • Section 4 prohibits false impressions about drug character
  • Section 5 prohibits advertisement of Magic Remedies for treatment
  • Magic remedies defined as charms with miraculous powers for diagnosis, cure, mitigation, etc.

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