18 May 2023 : The Hindu Editorial

The Hindu Editorial Analysis

18-May-2023

Daily Current Affairs For UPSC ,The Hindu Editorial SummaryNotes

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1. Two judgments and the principle of accountability.

Topic: GS2 – Indian constitution

Context:

Last week, the Supreme Court of India’s two Constitution Benches issued significant judgments.

1. In the first case, it was ruled that the Chief Minister-led Delhi government, rather than the centrally appointed Lieutenant Governor, would have authority over the civil services working for the Delhi government.

2. The second case pertained to establishing the current government in Maharashtra after a division within the Shiv Sena party.

Two unanimous judgments were delivered by the Chief Justice of India in two Constitution Bench cases last week.

Principles applied in Delhi Judgement:

• The first case involved the control of civil services working for the Delhi government, ruling that the Chief Minister-led government, not the centrally appointed Lieutenant Governor, would have authority.
• The Delhi judgment emphasized the triple chain of accountability in parliamentary democracy:

  1. Civil service officers are accountable to Ministers,

  2. Ministers to the legislature, and

  3. the legislature to the electorate.

Principles applied in Maharashtra Judgement:

• The second case dealt with the formation of the current government in Maharashtra following a split in the Shiv Sena party.

• The Maharashtra judgment contradicts the core principle applied in the Delhi case, as it upholds the power of the party leadership over the legislature.

• The Maharashtra judgment, based on the Tenth Schedule (anti-defection law), strengthens the political party’s control over legislators, undermining accountability to the electorate.

• The judges were bound by the clear language of the Tenth Schedule in the Maharashtra judgment, leading to contradictory conclusions.

• The problem lies in the anti-defection law, which undermines the democratic principle of legislators’ accountability to their voters.

• The anti-defection law assumes that any vote against the party’s direction is a betrayal of the electoral mandate, disregarding other essential factors for voters.

• The need for a relook at the anti-defection law and its impact on parliamentary democracy is essential to restore accountability to the people.

• A larger Bench should re-examine whether the anti-defection law violates the basic structure of the Constitution, as it breaks the chain of accountability.

2. Predictable counter: On India’s reaction to U.S. reportage on religious persecution.

Topic: GS1- Indian society, GS2 – International relations

Context:

• • • The Indian government’s response to the U.S. report on religious persecution aligned with expectations.

    • India has consistently reacted strongly to such reportage, dismissing it as biased and based on misinformation.

    • The government emphasized the value of the U.S.-India partnership but reaffirmed its commitment to addressing legitimate concerns.

Issue:

• • • The Indian government’s response to the U.S. State Department’s report on religious freedoms in India was predictable.

    • The report highlighted concerns over targeting religious minorities and hate speech by leaders, including members of the ruling BJP.

    • The Indian Ministry of External Affairs (MEA) rejected the report, calling it based on misinformation and biased understanding.

    • This is not the first time India has reacted strongly to such reports, which have been critical of the country’s record on religious freedom.

    • The MEA emphasized the value of the U.S.-India partnership and mentioned having frank exchanges.

    • The government’s response this time is less harsh than its previous reactions, possibly to avoid complications ahead of Prime Minister Modi’s meetings with U.S. President Biden and his upcoming visit to the U.S.

    • The U.S. State Department report did not place India on the list of “Countries of Particular Concern,” unlike recommendations from the U.S. Commission on International Religious Freedom (USCIRF).

    • Despite the government’s rejection, India may consider engaging with the allegations and publishing its report on religious freedom to counter them.

    • The government should address legitimate concerns and work to repudiate unfounded challenges to India’s reputation.

Issues with religious freedom index according to Indian Government:

• • • Flawed understanding and misinformation in the religious freedom index.

    • Allegations of bias and a lack of comprehensive understanding of religious dynamics in India.

    • Concerns over the inclusion of hate speech by leaders without proper context.

    • Failure to accurately capture India’s religious diversity and the acceptance of it by the population.

    • Insufficient recognition of the government’s commitment to communal harmony and addressing religious intolerance.

    • India’s efforts to protect and promote religious rights are not adequately reflected in the index.

    • Call for engagement and a nuanced approach to understanding India’s context for a fair assessment of religious freedom.

3. Timely caution: On the Supreme Court’s exhortation to the Enforcement Directorate.

Topic: GS2 – Non-statutory bodies

Context:

• • • Complaints have been raised about the ED harassing employees of the Excise Department in Chhattisgarh during an investigation into an alleged liquor scandal.

Issue:

• • • The Supreme Court has cautioned the Enforcement Directorate (ED) against creating an atmosphere of fear while investigating allegations against political opponents.

    • The court’s observation serves as a reminder to the ED not to transgress the limits of a lawful investigation and avoid creating a perception that it would go to any lengths to implicate someone.

    • The ED has faced criticism for summoning and arresting leaders and ministers from states ruled by parties other than the BJP, leading to accusations of the agency running amok and engaging in political witch-hunts.

    • The politicization of investigations and concerns about the personnel leading the agency have been major complaints from the opposition, with fears that the money-laundering law is being used selectively for targeting political adversaries.

    • While a stringent law on money laundering is necessary, caution is needed to avoid excessive zeal and expansive probes without clear evidence of specific payoffs or a money trail.

    • The appointment and tenure of the current Director of Enforcement have been a subject of controversy, with extensions and changes in the law governing such extensions.

About Enforcement Directorate (ED):

• • • The Enforcement Directorate (ED) is an agency of the Government of India responsible for enforcing economic laws and combating financial crimes in the country.

    • It operates under the jurisdiction of the Department of Revenue, Ministry of Finance.

    • The primary mandate of the ED is to enforce two key laws: The Prevention of Money Laundering Act (PMLA) and the Foreign Exchange Management Act (FEMA).

    • The agency focuses on investigating cases related to money laundering, foreign exchange violations, economic fraud, and other financial offences.

    • The ED has the authority to conduct searches, seizures, attach assets, and initiate legal proceedings against individuals and entities involved in financial wrongdoing.

    • The agency often collaborates with other domestic and international law enforcement agencies to gather evidence and exchange information during investigations.

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