14 March 2024 : Indian Express Editorial Analysis

Indian Express Editorial Analysis

14-March-2024

1. The suitable citizen

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation This topic is relevant for both Prelims and Mains as this analysis provides insights into the dynamics of policymaking, highlighting the nuances of citizenship laws and their impact on governance.

Context:

The enactment of the Citizenship Amendment Rules following the passage of the Citizenship Amendment Act (CAA) in 2019 underscores a political landscape characterized by cynicism and credulity among rulers and their supporters. This analysis delves into the progression of this issue, highlighting key aspects that shape the current state of affairs.

The Citizenship Amendment Act: A Selective Narrative:

• The government justified the CAA as addressing the plight of persecuted refugees from neighboring countries residing in India, seemingly offering them a pathway to citizenship. However, the act cynically downplayed crucial facts.
• Firstly, it wasn’t necessary for granting refugees citizenship, and secondly, its focus on religion-based persecution raises inconsistencies and excludes Muslims.
• By setting a cutoff date of 2014, it strategically signals exclusion of Muslims and introduces a religion-based differentiation in citizenship treatment.

Alignment with the NRC: Ideological Convergence:

• The alignment of the CAA with the National Register of Citizens (NRC) presents a larger, ominous project.
• The NRC-NCA pairing, as outlined by scholars, aims to create statelessness and detention centers for those deemed undesirable based on faith.
• This alignment, particularly in states like Assam, stokes anxieties and fuels protests against the CAA, highlighting concerns about disenfranchisement.

Enacted Rules:

• The newly enacted rules seemingly separate the CAA from the NRC, focusing on granting non-Muslim refugees a path to citizenship.
• This strategic move temporarily allays fears of discrimination while potentially shifting the burden of proof onto Muslims.
• By emphasizing positive aspects and limiting the scope of the rules, the government aims to neutralize protests and legal challenges.

Implications and Challenges:

• While the rules may symbolically reinforce the government’s pro-Hindu stance, they also introduce complexities in citizenship determination.
• The limited scope of the rules defuses immediate protests but leaves civil society vigilant about the broader project of citizenship transformation.
• Despite limitations, protests like Shaheen Bagh highlight the constitutional arguments against the CAA and NRC, albeit with challenges of garnering widespread support and countering state narratives.

Conclusion:

• The enactment of the Citizenship Amendment Rules reflects a calculated manoeuvre by the government to advance its agenda while navigating constitutional constraints and public dissent.
• While the rules may temporarily quell protests, civil society must remain vigilant against potential disenfranchisement and the gradual transformation of Indian citizenship.

Who are ‘Citizens’?

Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights. Constitutional Provisions for Citizenship: The Constitution deals with citizenship from article 5 to 11 under Part II. Indian citizenship can be acquired by birth, descent, registration, naturalisation or by incorporation of territory. Citizenship by Naturalisation: According to the Citizenship Act, of 1955, the Citizenship of India by naturalisation can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years). The CAA 2019 reduced this requirement of 11 years to five years.

Practice Question:  Critically analyze the enactment of the Citizenship Amendment Rules in light of its implications for Indian governance and constitutional principles. Discuss the interplay between the Citizenship Amendment Act and the National Register of Citizens, highlighting the socio-political ramifications. (250 words/15 m)

2. The Court’s trajectory

Topic: GS2 – Polity – Judiciary This topic is relevant for both Prelims and Mains as this analysis provides insights into the Supreme Court’s role as a check on government power, highlighting its significance in upholding democratic principles and constitutional values.

Context:

The recent judgment by the Supreme Court on the electoral bonds scheme marks a notable departure from a trend of decisions seemingly favoring the central government. This decision stands as a significant milestone in the court’s role as the custodian of constitutional values and liberties, prompting a critical analysis of its trajectory in safeguarding democratic principles.

Historical Admiration and Taint: Legacy of Judicial Independence:

• For decades, the Indian Supreme Court enjoyed global admiration for its resilience against executive power, particularly evident during the Emergency era.
• However, even the longest-serving Chief Justice, Justice Y V Chandrachud, expressed regret for not upholding constitutional principles during that period, reflecting a stain on the court’s otherwise illustrious history.

Erosion of Vigilance: Challenges to Judicial Independence:

• Despite early victories for judicial independence, such as quashing the 2014 constitutional amendment aimed at judicial appointments, the Supreme Court gradually veered towards accommodating executive overreach.
• Instances such as the validation of the Aadhaar Act as a money bill and reluctance to examine petitions challenging government actions signaled a weakening of the court’s vigilance against executive encroachment.

Internal Discord and Institutional Weaknesses: Challenges from Within:

• Internal dissent within the Supreme Court, exemplified by a public criticism against Justice Misra’s tenure, highlighted institutional weaknesses.
• Successive Chief Justices, including Justice Gogoi, faced scrutiny for perpetuating systemic issues, contributing to a broader erosion of the court’s independence.

A Series of Compromised Judgments: Judicial Evasion and Government Favor:

• The trend of what scholar Gautam Bhatia termed “judicial evasion” became apparent, with the court dismissing critical petitions and upholding contentious government actions.
• Decisions on issues such as the PM CARES Fund, demonetization, and the abolition of Article 370 drew criticism for their perceived alignment with government interests.

Electoral Bonds: A Turning Point?

• The recent decision on electoral bonds signifies a potential reversal of the court’s trajectory, signaling a renewed commitment to constitutional principles.
• However, its long-term impact remains uncertain, raising questions about the court’s ability to maintain its newfound independence in future cases.

Conclusion:

• The Supreme Court’s decision on electoral bonds serves as a beacon of hope for preserving judicial independence in India.
• However, amidst a backdrop of compromised judgments and institutional challenges, the court faces a daunting task in reaffirming its role as a guardian of democratic values against state transgression.
• Only time will tell whether the court can sustain its commitment to constitutional principles in the face of mounting pressures.

PYQ: Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment. (150 words/10m) (UPSC CSE (M) GS-2 2023)

Practice Question:  Critically analyze the recent Supreme Court decision regarding the electoral bonds scheme in the context of its implications for judicial independence and constitutional governance. Evaluate the trajectory of the Supreme Court’s role as a check on executive power, considering both historical precedents and contemporary challenges. (250 words/15 m)

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