TOPIC : GS 2 Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
What is the news?
- It is gratifying to note that the Supreme Court, while indicating its intention to reconsider the sedition provision in the IPC
- It has raised the question most relevant to the issue: “Why does Section 124A continue in the statute book even after 75 years of independence”
- The Chief Justice of India, N.V. Ramana, has also pointed to its rampant misuse by the police across the country
- It also reminded the Government that it was a legalprovision that the colonial regime had used to suppressthe freedom movement.
- The issues flagged by the CJImay set the tone for what would be a comprehensive reconsideration of a section that has been frequently
- The wrongfully used, especially in the last few years, to suppress dissent, criminalise strident political criticismand taint opponents with the tag of being ‘antinational’.
- Even though it is often argued that the misuse of alaw alone does not render it invalid, there is a specialcase to strike down Section 124A because of its inherentpotential for misuse.
- There is a pattern of behaviouramong all regimes that indicate a proclivity to invoke itwithout examining its applicability to the facts of anycase.
Recent cases show that sedition is used for threepolitical reasons:
- To suppress criticism and protestsagainst particular policies and projects of the government
- To criminalise dissenting opinion from rights defenders, lawyers, activists and journalists
- To settlepolitical scores, sometimes with communal hues
Constitutional Provision
It is not to be forgotten that the section was upheld in1962 by a Constitution Bench mainly by reading down import of the terms “bring into hatred or contempt”, or “to create disaffection towards the government established by law” and limit its scope to only those instances of speech or writing that show a pernicious tendency to create public disorder.
Implications of Provision
- Without this attenuated interpretation, the restriction imposed on free speech by Section 124A would have been declared unconstitutional.
- The Court is now seized of several cases that seek a reconsideration of the 1962 verdict, citing more recent judgments expanding the scope of fundamental rights and doctrines that have been subsequently evolved.
- In particular, the “chilling effect” that a law may have on free speech and the vague and ‘overbroad’ definition of sedition
- It renders both provocative and innocuous speeches or writings equally liable for prosecution, are points to be examined.
- In 2016, the Government itself admitted in Parliament that the definition of sedition is too wide and requires reconsideration.
Way Forward
- The Law Commission’s consultation paper in 2018 had said: “In a democracy, singing from the same songbook is not a benchmark of patriotismPeople should be at liberty to show their affection towards their country in their own way.”
- While issuing fresh guidelines and safeguards is one way of quelling the potential for its misuse, it will be more helpful if Section 124A is struck down altogether.
Mains Question
Supreme Court’s remarks on sedition casesbode well for its inevitable invalidation. Explain
PRELIMS PUNCHERS
- Godavari
It is India’s second longest river after the Ganga. Its source is in Triambakeshwar, Maharashtra. It flows east for 1,465 kilometres (910 mi), draining the states of Maharashtra (48.6%), Telangana (18.8%), Andhra Pradesh (4.5%), Chhattisgarh (10.9%) and Odisha (5.7%). The river ultimately empties into the Bay of Bengal through an extensive network of tributaries. It forms one of the largest river basins in the Indian subcontinent, with only the Ganga and Indus rivers having a larger drainage basin. In terms of length, catchment area and discharge, the Godavari is the largest in peninsular India, and had been dubbed as the Dakshina Ganga (Ganges of the South)
Pranhita is the largest tributary covering about 34% of its drainage basin. by virtue of its extensive tributaries Wardha, Wainganga, Penganga, the sub-basin drains all of Vidharba region as well as the southern slopes of the Satpura Ranges. Indravati is the 2nd largest tributary, known as the “lifeline” of the Kalahandi, Nabarangapur of Odisha &Bastar district of Chhattisgarh. Due to their enormous sub-basins both Indravati and Pranhita are considered rivers in their own right. Manjira is the longest tributary and holds the NizamSagar reservoir.Purna is a prime river in the water scarce Marathwada region of Maharashtra.
- Carbon Trade
Carbon trade is the buying and selling of credits that permit a company or other entity to emit a certain amount of carbon dioxide. The carbon credits and the carbon trade are authorized by governments with the goal of gradually reducing overall carbon emissions and mitigating its contribution to climate change.
The carbon trade originated with the Kyoto Protocol, a United Nations treaty that set the goal of reducing global carbon emissions and mitigating climate change starting in 2005. At the time, the measure devised was intended to reduce overall carbon dioxide emissions to roughly 5% below 1990 levels by 2012. The Kyoto Protocol achieved mixed results and an extension to its terms has not yet been ratified. A cap and trade system is a variation on carbon trade. In this case, the trade, while authorized and regulated by the government, is conducted between companies. Each company is given a maximum carbon pollution allowance. Unused allowances can be sold to other companies.
- Digital Sky platform
It is initiative by the Ministry of Civil Aviation (MoCA). Provide a secure and a scalable platform thatsupports drone technology frameworks. It enable flight permission digitally and manageunmanned aircraft operations and trafficefficiently. It was developed as a business-friendly single-windowonline system with minimal human interferenceand most permissions will be self-generated.
Drones without unique identificationnumber will not be allowed to operateunless exempted. The Drone operators – generate a uniqueidentification number by providingrequisite details on the digital skyplatform.Included many new safety features like Real-time tracking beacon and geo-fencing. Geo-fencing – use of technology like GPSor RFID to create a virtual geographicboundary. Enables the software to trigger aresponse – drone enters or leaves aparticular area
- The New Ministry of Cooperation
The Union Government on July 6, 2021, created a new Ministry of Cooperation with an aim to implement the vision of ‘Sahkar se Samriddhi’ or prosperity through cooperation.The new Ministry will offer a separate administrative, policy, and legal framework to strengthen the cooperative movement in the country. It will aid in streamlining all processes for ‘Ease of doing business’ for cooperatives and boost the development of Multi-State Cooperatives (MSCS).
The new Ministry of Cooperation is the government’s move to strengthen cooperative movement in the country. The Ministry will help manifest the vision of ‘Sahkar se Samriddhi’ or prosperity through cooperation.With the new Ministry, the Central Government shows its deep commitment to community-based developmental partnership. As per the government, a cooperative-based economic development model is crucial to India’s growth where each member is working with a sense of responsibility.
PRELIMS QUESTIONS
- Consider the following statement with regard to River Godavari
- It forms one of the largest river basins in the Indian subcontinent, with only the Ganga and Indus rivers having a larger drainage basin
- Penganga is the largest tributary covering about 34% of its drainage basin
Select the correct statement from the above
- A only
- B only
- Both the statement
- None of the above
Answer; B
- Consider the following statement with regard toCarbon Trade
- The carbon trade originated with the Kyoto Protocol
- A cap and trade system is a variation on carbon trade
Select the correct statement from the above
a.A only
b.B only
c.Both the statement
d.None of the above
Answer; C
Carbon trade is the buying and selling of credits that permit a company or other entity to emit a certain amount of carbon dioxide. The carbon credits and the carbon trade are authorized by governments with the goal of gradually reducing overall carbon emissions and mitigating its contribution to climate change.
The carbon trade originated with the Kyoto Protocol, a United Nations treaty that set the goal of reducing global carbon emissions and mitigating climate change starting in 2005. At the time, the measure devised was intended to reduce overall carbon dioxide emissions to roughly 5% below 1990 levels by 2012. The Kyoto Protocol achieved mixed results and an extension to its terms has not yet been ratified. A cap and trade system is a variation on carbon trade. In this case, the trade, while authorized and regulated by the government, is conducted between companies. Each company is given a maximum carbon pollution allowance. Unused allowances can be sold to other companies.