10 January 2024 : The Hindu Editorial Notes PDF

The Hindu Editorial

10-January-2024

1. Justice for Bilkis Bano, questions on remission.

Topic: GS2 – Polity – Judiciary – Functioning This topic is crucial for UPSC as it involves judicial decisions, legal principles, and social justice issues in criminal remission.

Context:

The article discusses the Supreme Court’s judgment on the remission granted to 11 convicts in the Bilkis Bano case. The apex court highlighted illegalities, lack of transparency in remission decisions, and raising questions about the relationship between remission and punishment.

Introduction:

• Article discusses the Supreme Court’s judgment on the remission granted to 11 gang-rape and murder convicts in the Bilkis Bano case.
• Describes it as an ‘injustice of exceptionalism’ and highlights the exceptional nature of the injustice.

Judgment and Illegalities:

• Supreme Court, in a decision by Justices B.V. Nagarathna and Ujjal Bhuyan, declared the remission orders as illegal.
• Notes one petitioner committed “fraud” by misleading an earlier Bench, and the Gujarat government colluded, “usurping” power from the Government of Maharashtra.

Cancellation of Remission:

• Earlier two-judge Bench decision holding Gujarat government as the appropriate authority for remission declared illegal (per incuriam).
• Remission orders for the 11 convicts stand cancelled, and they are directed to return to prison within two weeks.

Praise for Supreme Court:

• The Supreme Court is lauded for upholding the rule of law and equality before the law.
• Decision viewed as a soothing balm in Bilkis Bano’s fight for justice.
• Bilkis Bano’s resilience and the commitment of India’s leading women’s rights lawyers celebrated.

Issues with Remission:

• Raises concerns about remission and its relationship with punishment, citing lack of transparency and unchecked discretion.
• Discusses the individualized nature of remission applications and the subjective factors involved.

Unchecked Discretion and Arbitrary Power:

• Highlights the lack of transparency in the formation of committees deciding remission applications.
• Points out that unchecked discretion in remission cases can lead to arbitrary exercise of power.

Judicial Review and Concerns:

• Cites the Supreme Court’s position in Epuru Sudhakar vs State of Andhra Pradesh (2006) on limited grounds for judicial review of remission orders.
• Expresses concern about non-application of mind, especially evident in the Bilkis Bano case.

Policy Questions on Remission:

• Raises questions about whether certain offenders should be ineligible for remission based on crime categories.
• Advocates for focusing on developing appropriate conditions for remission rather than blanket denial based on crime categories.

Conclusion:

• The Author anticipates that the Court may be forced to grapple with normative questions related to remission policies in the future.

Powers of Remission, Respite, and Pardon in India

Remission: Power granted by the President or Governor to reduce a sentence already imposed by a court. Can apply to all types of sentences, including capital punishment. Can be exercised based on various factors like age, medical condition, exceptional conduct, or to rectify a miscarriage of justice. Respite: Temporary suspension of a sentence, usually for medical reasons or to allow the convict to attend to urgent personal matters. Granted by the President or Governor for a limited period. During respite, the sentence is not extinguished, and the convict remains under legal custody. Pardon: Power to completely forgive a convict and wipe out the consequences of the crime. Granted by the President or Governor after the sentence has been served. Removes the legal disabilities arising from the conviction. Can be exercised for various reasons, like extraordinary circumstances, exceptional merit, or to promote public interest. Important points to note: These powers are discretionary, and there is no legal obligation to grant remission, respite, or pardon. These powers are meant to ensure fairness and justice in the administration of criminal justice.

Practice Question: Examine the significance of judicial scrutiny in cases of remission, citing the Bilkis Bano case and its implications. (150 words/10 m)

2. Why international law matters.

Topic: GS2 – International Relations – Agreements involving India or affecting India’s interests. Crucial for UPSC as it involves international law, geopolitical conflicts, and the balance between accountability and compliance.

Context:

The article discusses the perceived challenges to international law amid Israel’s Gaza war and Russia’s invasion of Ukraine. It argues against declaring the death of international law, emphasizing its significance in holding power accountable and promoting compliance aspirations.

Introduction:

• Israel’s war in Gaza and Russia’s invasion of Ukraine prompt concerns about the death of international law.

Defending International Law:

• Despite failures, declaring the death of international law is a mistake.
• Structural deficiencies and imperial history acknowledged, but international law remains significant. 

Beyond Compliance:

• Critics focus on poor compliance but argue for a broader understanding of international law’s normative effects.
• Howse and Teitel’s viewpoint: Shift benchmarks from general compliance; international law’s normative interaction matters.

Transnational Legal Process:

• Harold Hongju Koh’s argument: States comply through a complex transnational legal process.
• Engagement triggers institutional interactions leading to the debate, interpretation, and internalization of global norms. 

Accountability in International Law:

• Monica Hakimi’s perspective: International law’s significance lies in its ability to hold those with public power accountable.
• Accountability not just about punishing non-compliance but involves questioning and making a case against illegitimate actions.

Case Example – South Africa and ICJ:

• South Africa’s move to the ICJ in December, alleging Israel’s violation of the Genocide Convention in Gaza.
• Demonstrates the accountability aspect of international law.

Universal Aspiration towards Compliance:

• Nanjala Nyabola’s view: Despite universal non-compliance, there is a universal aspiration towards compliance.
• International law should be molded to hold the powerful accountable and constrain expansionist tendencies. 

Conclusion:

• We should acknowledge imperfections in international law and its structures.
• Emphasising the need for more, not less, fair international law to restrain expansionist and illiberal actions.

Practice Question: Discuss the role of international law in holding states accountable during geopolitical conflicts, citing recent examples. (150 words/10 m)

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