23 August 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
23-August-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1. A strong case to restore Section 8(4) of the RP Act.
Topic: GS2 – Indian polity.
Context:
- Rahul Gandhi was disqualified from the Lok Sabha after being convicted and sentenced to two years imprisonment in a defamation case.
- The disqualification was instant because of the Supreme Court judgment in Lily Thomas vs Union of India (2013).
- This judgment invalidated Section 8(4) of the Representation of People Act 1951, which had allowed a three-month period within which to appeal.
Legal basis of the disqualification:
- There is no sound legal basis for the instant disqualification of Rahul Gandhi.
- Section 8(3) of the Representation of People Act simply says that a person who is convicted of an offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of Conviction.
- This does not mean that the disqualification takes place the moment the court pronounces a person guilty.
- The authority that can declare a sitting legislator disqualified is the President of India.
Disqualification and sentence quantum:
- A question of legal importance is whether the stay of only sentence can lift the disqualification or whether stay of conviction is necessary.
- Some High Courts have held that disqualification remains intact on staying the sentence.
- The Madras High Court has held that the moment the sentence is suspended, conviction should be deemed to have been suspended.
- However, the Supreme Court has not yet expressed an opinion on this question.
Impact of the Lily Thomas judgment:
- The Lily Thomas judgment can play havoc with the careers of sitting legislators in the country.
- Instant disqualification on conviction and sentence will upset their entire legislative career without giving them breathing space.
- The Constitution permits differentiation between sitting legislators and candidates, so perhaps a suitable amendment can be made in Article 102 to enable Parliament to restore the invalidated Section 8(4).
No qualitative change:
- The Lily Thomas judgment has not resulted in any perceptible qualitative change in the criminal proclivity of politicians.
- Politicians belonging to the powerful ruling dispensation may be able to get a conviction stayed within a few hours, thus saving themselves from instant disqualification.
- Others will have to wait for months or even years to get a stay on conviction.
Conclusion:
- The instant disqualification of Rahul Gandhi is a matter of serious concern.
- The Supreme Court should revisit its judgment in Lily Thomas and restore Section 8(4) of the Representation of People Act.
- This will protect the careers of India’s legislators from abrupt convulsions caused by court orders.
Model question: What are the ramifications of the Supreme Court’s Lily Thomas vs Union of India (2013) judgment on the disqualification of sitting legislators? Evaluate the arguments for and against instant disqualification upon conviction and sentence.
2. RBI’s platform for loan approvals will help small borrowers
Topic: GS3 – Indian economic.
Public Tech Platform for Frictionless Credit:
- The Reserve Bank of India (RBI) plans to establish a ‘Public Tech Platform for Frictionless Credit’.
- The platform will serve as a one-stop digital clearing house for credit-related information.
- This will help accelerate the loan approval and disbursal process significantly.
- The platform will be developed by the Reserve Bank Innovation Hub.
- It will feature open architecture, open Application Programming Interfaces (APIs) and standards.
- This will facilitate the seamless flow of required digital information from varied entities to lenders.
- The platform will be introduced in a pilot project that will focus on products such as Kisan Credit Card loans, loans to dairy farmers, credit-sans-collateral to MSMEs, and personal and home loans.
- Lenders would be able to access data on the borrowers and credit-related services from agencies such as Aadhaar e-KYC, land records and milk pouring data.
Need for the platform:
- The need for such a centralised public platform is great, especially for small and marginal farmers.
- More than seven decades since Independence, institutional rural credit is still not inclusive.
- A large majority of rural borrowers end up availing loans from informal sources at usurious rates of interest.
- The digital platform can help redress this challenge by making small-ticket loans available in a timely and cost-effective manner.
Benefits of the platform:
- The platform will help accelerate the loan approval and disbursal process.
- It will make credit more accessible to small and marginal borrowers.
- It will help reduce the cost of credit for borrowers.
- It will help improve the credit risk management practices of lenders.
- It will help promote financial inclusion.
For Enquiry
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