20 July 2024 : Indian Express Editorial Analysis

 1. A process more punishing

(Source: Indian Express; Section: The Ideas Page; Page: 15)

Topic: GS2– Governance – Government Policies and Intervention

Context:

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has replaced the Code of Criminal Procedure, 1973 (CrPC), marking a significant shift in Indian criminal law. This transition brings forth concerns regarding procedural protections, particularly the protection against prolonged periods of police custody that the CrPC afforded to the accused. The CrPC has long been regarded as the “Accuseds’ Constitution” due to its role in safeguarding the rights of individuals during detention, interrogation, and ensuring access to legal representation. The BNSS, however, introduces changes that could potentially undermine these protections.

What is BNSS, BSA and BNS

Importance of the CrPC

• The CrPC is a cornerstone of criminal law in India, designed to protect the rights of the accused.
• It limits the detention period in police custody, mandates judicial oversight, and ensures access to legal counsel.
• Unlike colonial-era laws, the CrPC underwent reforms post-independence, reflecting India’s commitment to human rights and justice.
• For practitioners of criminal law, the CrPC has been indispensable, providing a robust framework that stands by the accused during their most vulnerable times.

Custody Types: Police vs. Judicial

• Custody of an accused is classified into two types: police custody and judicial custody.
• Police custody involves the police having direct control over the accused, often considered the harsher of the two due to the intense interrogation and lack of institutional protections.
• Judicial custody, on the other hand, places the accused in a jail governed by institutional rules, offering a comparatively structured environment with specific regulations on interactions and basic amenities.

Extension of Police Custody under BNSS

• A significant change introduced by the BNSS is the extension of police custody beyond the 15-day limit established by the CrPC.
• Section 167 of the CrPC authorized a maximum custody period of 60 or 90 days, depending on the offense’s severity, with a strict proviso limiting police custody to 15 days.
• This was intended to protect the accused from potential police excesses. However, Section 187 of the BNSS omits this 15-day limit, allowing Magistrates to authorize police custody for periods extending up to 60 or 90 days, based on the offense.

Comparison with UAPA and Constitutional Implications

• To understand the impact of this extension, a comparison with the Unlawful Activities (Prevention) Act, 1967 (UAPA) is instructive.
• The UAPA, a stringent anti-terror law, limits police custody to 30 days and requires the investigating officer to provide justifications for such custody. In contrast, the BNSS, a general criminal law, allows for a maximum police custody period three times longer than UAPA.
• This extension raises significant constitutional concerns, particularly regarding the rights to life, health, and fair trial under Article 21 of the Constitution.

Impact on Accused Rights and Judicial Oversight

• The BNSS’s extension of police custody undermines safeguards against police excesses, making accused individuals vulnerable to potential custodial violence and torture.
• The Supreme Court, in D.K. Basu v. State of West Bengal, emphasized that Article 21 includes the right to live with dignity and protects against torture and inhuman treatment by state functionaries.
• Prolonged police custody under BNSS is at odds with this protection, potentially infringing on the rights of undertrials and convicts, thereby challenging the very essence of humane and fair treatment enshrined in the Constitution.

Conclusion

• While the BNSS introduces several changes to the criminal justice system, its provisions on extending police custody pose serious concerns regarding the protection of accused individuals’ rights.
• The omission of the 15-day limit for police custody disrupts a critical safeguard, raising questions about the balance between law enforcement needs and the fundamental rights of the accused.

PYQ: Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (250 words/15m) (UPSC CSE (M) GS-3 2017

Practice Question:  Examine the implications of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) on the procedural protections previously provided under the Code of Criminal Procedure, 1973 (CrPC). Discuss how the changes introduced by BNSS, particularly the extension of police custody, impact the rights of the accused under Article 21 of the Indian Constitution. (250 words/15 m)

2. The budget’s dilemma

(Source: Indian Express; Section: The Editorial Page; Page: 14)

Topic: GS3 – Indian Economy – Government Budgeting

Context:

The upcoming Union budget is set to be presented against a markedly different political backdrop compared to the previous decade. The fractured election verdict and the ruling party’s assessment of its chances in the forthcoming state elections are likely to significantly influence the budget’s contours. The government faces the challenge of reclaiming control over the narrative amidst this changed landscape.

Balancing Political Pressures

• The Finance Minister faces the arduous task of balancing various demands and pressures.
• Historically, governments have responded to electoral uncertainty by introducing new welfare programs and increasing social sector spending.
• Recent examples from states like Maharashtra and Haryana include proposals for monthly cash transfers to women, free bus rides, and filling government vacancies.
• The ruling party at the Centre might adopt a similar strategy to appeal to electorates with significant influence.

Revenue and Economic Considerations

• The government’s fiscal position has been bolstered by a larger-than-expected surplus from the Reserve Bank of India (RBI).
• How this surplus is utilized—whether for ramping up welfare, capital spending, or reducing the fiscal deficit—will reveal the government’s stance on the political landscape and the economy.
• Despite an 8% growth rate, there are underlying issues such as inadequate distribution and a significant fiscal deficit of 5.6% of GDP last year, indicating that government spending is a crucial economic driver.

Employment and Labour Market Challenges

• The increase in employment, primarily through self-employment and informal sector jobs, does not reflect a healthy labor market.
• Stories of unemployed youth engaging in day trading and gaming highlight the lack of substantial employment opportunities. Additionally, high food inflation further burdens the population.
• The recent election results question the limits of welfarism and suggest that public provision of private goods may not be sufficient to influence voters in the long term.
• Structural issues like job creation and labor market duality remain pressing concerns.

Manufacturing and Trade Policy

• The government’s efforts to boost manufacturing, aiming to create productive jobs for low and semi-skilled workers, have relied on raising tariffs and providing subsidies through schemes like the Production Linked Incentive (PLI).
• While there has been some success in specific sectors, such as mobile phones, overall progress has been limited.
• The manufacturing sector’s GDP share has remained stagnant, and the contradictory approach of promoting self-reliance (Atmanirbhar Bharat) while integrating into global supply chains needs reassessment.
• The reluctance to join the Regional Comprehensive Economic Partnership (RCEP) contrasts with competitors and calls for a reevaluation of trade policies.

Corporate Investment and Economic Dynamics

• Corporate investments remain subdued despite various fiscal measures. The focus on national champions may be strategic but is unlikely to significantly boost investments or job creation.
• A broader base of companies is necessary to drive the capital expenditure cycle.
• While some argue that healthy bank and corporate balance sheets could lead to a new investment cycle, current caution and subdued “animal spirits” indicate otherwise.

Current Account and Domestic Savings

• India posted a current account surplus in the last financial quarter, which some view as a triumph. However, this surplus, indicating that savings exceeded investment, is not ideal for a capital-deficit country like India, where household savings are under pressure.
• Subdued investments and a weak labor market, trapping millions in low-productivity jobs, suggest that overall consumption demand will remain weak, with only certain segments thriving due to affluent spending.

Conclusion

• The upcoming budget faces the challenge of addressing a splintered domestic market and a changed political scenario.
• Will the budget merely tinker at the margins, or will it introduce bold policies to address these structural issues?
• The ruling dispensation’s response to this altered landscape could determine the budget’s approach, potentially setting a new direction for economic and social policies amidst political uncertainty.

PYQ: One of the intended objectives of Union Budget 2017-18 is to ‘transform, energize and clean India’. Analyse the measures proposed in the Budget 2017-18 to achieve the objective. (250 words/15m) (UPSC CSE (M) GS-3 2017)

Practice Question:  Discuss the potential impacts of the current political landscape on the formulation of the upcoming Union budget. How might the ruling party’s response to a fractured election verdict and its anticipation of state election outcomes influence the budget’s proposals? Consider the implications for welfare programs, fiscal policies, and economic strategies. (250 words)