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Daily ORN Notes

June CA Magazine
Polity
New Parliament House
  1. BKG : Central Vista Project, 1931 → Rashtrapati Bhavan, North & South Blocks, Parliament House, Record Office(National Archives)+ India Gate Monument + Civic Garden on Rajpath
  1. OLD BUILDING : By Edwin Lutyen & Herbert Baker, 6 Yrs 1921-27 // Housed Imperial Legislative Council // Circular Shape from - Chausath Yogini Temple in Morena, MP // 1956 2 Floors Added for Space // First Eleceted Parliament in 1952
  1. NEW BUILDING : LS Peacock (National Bird) // RS Lotus (National Flower) // Premise Banyan (National Tree) // Speaker Chair (Senegol Sceptre - Sym of Tranfer of Power) // Roof Ashokan Pillar // Carpet Hand Woven Bhadohi Carpet City // 6 Gates Land Water & Sky // Gate Ashoka Chakara + Satyameve Jayate Written // Wood Nagpur, Marble Gujarat, Stone Rajasthan, Bamboo Tripura // Spirit - Ek Bharat Shreshtha Bharat
  1. Need
    1. Narrow Seating - Need More Seats After 2026 Delimitation
  1. Benifits
    1. Stregthen Governance Infrastructure
Law on Sedition
22nd Law Commission // 279th Report // “Usage of Law of Sedition” → Retain Sedition
Section 124A, IPC, 1870 : Defines sedition as acts that incite hatred, contempt, or disaffection towards the government
Criticism Over Years
  1. Subjective Definition: Shreya Singhal Case (2015) vague, over-broad offenses unconstitutional
  1. Chilling Effect on Dissent: Fear of sedition charges leads to self-censorship
  1. Low Conviction Rate: Fluctuating between 3-33%, 95% pendency in 2020
  1. Misuse Allegations: Difficult bail, prolonged trials, harassment (Vinod Dua v Union of India)
  1. Existence of Other Laws: Preventive detention, restrictions under CrPC Section 144
  1. Repealed Elsewhere: UK (2009), Australia, Singapore - for free speech
Arguments for Retention
  1. Unity and Integrity of India: Combats anti-national, secessionist elements.
  1. Reasonable Restriction under Article 19: Art 19(1)(a)Not absolute, sedition reasonable restriction.
  1. Necessity Beyond Counter-Terror Laws: Fills gap not covered by UAPA, NSA.
  1. Independent Judgement, Not Colonial Legacy: Colonial origin not sole repeal reason.
  1. Jurisdictional Realities: Other countries have different contexts, histories, laws etc
  1. Misuse Not a Ground for Removal: Adequate procedural safeguards can control misuse, repeal may harm national security and integrity
Judiciary Interpretation of Section 124A (Sedition) Over Years
  1. Romesh Thapar v. State of Madras, 1950:
    1. Judgment: Criticism of government does not justify restriction on freedom of expression, unless it undermines state security or tends to overthrow the state.
  1. Kedar Nath Singh v. State of Bihar, 1962:
    1. Upheld Section 124A: Recognized state's need for protection for IS
      Limitation: Only speech likely to incite public disorder qualifies as sedition.
  1. Vinod Dua v. Union of India, 2021:
    1. Ruling: Can Criticise Government, provided it does not incite violence against the government established by law
  1. S.G. Vombatkere v. Union of India, 2023:
    1. Directive: Keep all pending trials, appeals, and proceedings under Section 124A in suspensio
      Opinion: Section 124A's rigors not suitable for current social milieu, intended for colonial era.
Law Commission Recommendations on Sedition Law
  1. Integration of Kedar Nath Judgment (1962):
    1. Current: Section 124A IPC vague.
      Proposal: Add "tendency to incite violence or cause public disorder" for clarity
  1. Sentencing Revision:
    1. Current: Up to 3 years or life imprisonment, wide sentencing discretion.
      Proposal: Enhance to up to 7 years or life imprisonment, reducing judge's discretion.
  1. Procedural Safeguard:
    1. Current: No specific procedural safeguard.
      Proposal: FIR registration only after preliminary inquiry by police officer (Inspector rank or above).
  1. Other Suggestions:
    1. Limited Application: Use Section 124A Judiciously
      Police Training and Awareness: Section 124A
GRAI (Grievance Redressal Assessment Index)
GRAI 2022 Overview
  1. Conceptualization: By Department of Administrative Reforms and Public Grievances (DARPG), Ministry of Personnel, Public Grievances & Pensions.
  1. Part of: 10-step CPGRAMS reforms by DARPG
  1. Index Framework: Based on 12 Indicators across 4 dimensions - Efficiency, Feedback, Domain, Organizational commitment
  1. Assessment: 89 Central Ministries and Departments ranked
  1. Improvement Noted: Reduction in average disposal time from 32 days (2021) to 27 days (2022).
Grievance Redressal Mechanism (GRM)
  1. Importance: As per 2nd ARC Report, vital for citizen-centric administration.
  1. Nodal Agencies:
      • DARPG, Ministry of Personnel, Public Grievances and Pensions.
      • Directorate of Public Grievances, Cabinet Secretariat
Issues with Current Public Grievance System
  1. Low Awareness of Citizen: Many unaware of existing redressal systems in government departments
  1. Judiciary Overburdening: Ineffective internal grievance systems leading to court petitions on minor issues
  • Non-Uniformity: Variations in grievance handling frameworks and capacities across ministries and organizations.
  • Lack of Statutory Backing: GRM not mandatory like RTI in many departments.
  • Resource Shortage: Public Grievance Cells face staff, resource scarcity, and inadequate empowerment.
  • Ineffective CPGRAMS Role: Cases where complainants directed to state governments without forwarding grievances.
  • Systemic Issues: Administration slackness, low morale, inertia, lack of incentives, authority, and accountability.
Measures to Strengthen GRM
  • Identify Grievance-Prone Areas: Audit and address corruption/grievance-susceptible sectors.
  • Raise Awareness: Publicize through national, regional, local, and electronic media.
  • Civil Servants' Attitudinal Change: Reward good work, punish negligence.
  • 2nd ARC Recommendations:
    • Public Grievance Officers: Similar to Public Information Officers under RTI Act.
    • Timely Disposal: Grievances resolved within 30 days.
    • Penalties for Delay: Financial penalties for exceeding time limits.
  • Parliamentary Committee Suggestions (2021):
    • CPGRAMS as Facilitator: Respect federalism while facilitating grievance redressal.
    • Regular Review: Ministries to monitor grievances in media regularly.