Yojana Summary: November, 2024 – Our Constitution And Legal Reforms

 

1. 75 Years of the Indian Constitution: A Journey Towards Absolute Glory

Introduction

• The Indian Constitution, adopted on November 26, 1949, and enacted on January 26, 1950, stands as a testament to the vision of its founding fathers and the aspirations of its diverse citizenry.

• The document has been hailed as the cornerstone of Indian democracy, embodying the principles of justice, liberty, equality, and fraternity.
• It has successfully guided India through the complexities of governance, social change, and economic growth.  

Key Features and Evolution

• The Constitution’s success is rooted in its adaptability and resilience.
• It has been amended over a hundred times to address contemporary issues and reflect India’s evolving aspirations.
• The judiciary has played a crucial role in interpreting and expanding the scope of the Constitution, safeguarding the rights of marginalized communities and reinforcing gender equality.  

Landmark Cases and Amendments

• Several landmark cases have shaped the Indian Constitution’s journey.
• The ‘Basic Structure’ doctrine, established in the Kesavananda Bharati v. State of Kerala case (1973), ensures that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
• The Maneka Gandhi v. Union of India (1978) case expanded the interpretation of Article 21 (Right to Life and Liberty), encompassing the right to live with dignity.
• The Vishaka v. State of Rajasthan (1997) case provided guidelines to prevent sexual harassment at the workplace, recognizing it as a violation of fundamental rights.
• The Shayara Bano v. Union of India (2017) case declared the practice of instant triple talaq unconstitutional, upholding the rights of Muslim women.
• The Navtej Singh Johar v. Union of India (2018) case decriminalized consensual homosexual acts, upholding the right to equality and non-discrimination.
• The Justice K.S. Puttaswamy v. Union of India (2017) case recognized the right to privacy as a fundamental right.  

The Significance of the Constitution

• The Constitution of India is not just a legal document; it is a living testament to the values of democracy, justice, and equality.
• It has provided a framework for dialogue and reform, encouraging a participatory approach to governance.
• As India navigates the challenges of the 21st century, including economic disparities, communal tensions, and the need for technological regulation, the Constitution continues to provide guidance and a framework for addressing these issues effectively.  

The Emergency: A Reminder of the Importance of Vigilance

• The Emergency imposed in the 1970s serves as a stark reminder of the importance of vigilance in safeguarding democratic values and institutions.
• The Constitution’s ability to withstand such challenges and emerge stronger underscores its resilience and adaptability.  

The Constitution as a Tool for Social Change

• The Constitution is not only a guardian of individual rights but also a tool for social change.
• It recognizes and celebrates India’s diversity, providing for cultural and linguistic rights.
• It has been instrumental in driving social progress, empowering marginalized communities, and promoting gender equality.  

The Constitution in the Digital Age

• As India enters the digital age, the Constitution faces new challenges in regulating technology and protecting digital rights.
• The recognition of the right to privacy as a fundamental right is a crucial step in ensuring individual freedoms in the digital realm.  

Looking Ahead

• As India celebrates the 75th anniversary of its Constitution, it is essential to reaffirm the commitment to the principles enshrined in this document.
• Education and awareness about constitutional rights are crucial for empowering individuals and communities to participate meaningfully in democratic processes.
• The journey towards ‘absolute glory’ is a collective endeavor that requires dedication, resilience, and unwavering faith in the promise of a just and equitable society. 

2. Evolution of the Indian Constitution: Constitutional Amendments

A Living Document

• The Indian Constitution is a living document, having undergone numerous amendments to reflect the changing socio-economic aspirations of its people.
• These amendments have touched upon various aspects, including fundamental rights, directive principles of state policy, fundamental duties, emergency provisions, and state reorganization.  

Amendment Procedures

• The Constitution can be amended through an ordinary law passed by Parliament with a simple majority.
• It can also be amended by following a special procedure that requires a two-thirds majority in both Houses of Parliament.
• For amendments involving federal provisions, the bill must be passed by Parliament with a two-thirds majority.
• Additionally, such amendments require ratification by at least half of the states to come into effect.

Landmark Amendments

• Several amendments have significantly shaped the Indian Constitution. The First Amendment Act of 1951 placed ‘reasonable restrictions’ on laws made on various grounds and abolished the zamindari system.
• The Seventh Amendment Act of 1956 implemented the reorganization of states on a linguistic basis.
• The Forty-Second Amendment Act of 1976, also known as the mini Constitution of India, made wide-ranging changes, including amending the Preamble and Directive Principles, and curtailing civil freedoms and the powers of the judiciary.
• The Forty-Fourth Amendment Act of 1978 restored the balance by addressing the changes made during the emergency and further emphasized the fundamental rights.
• The Fifty-Second Amendment Act of 1985 added the Tenth Schedule to the Constitution, dealing with the disqualification of members of a legislature for defection.
• The Sixty-First Amendment Act of 1988 lowered the voting age from 21 years to 18 years.
• The Seventy-Third and Seventy-Fourth Amendment Acts of 1992 constitutionalized the Panchayati Raj Institutions at both village and urban levels.
• The Ninety-Ninth Amendment Act of 2014 sought to replace the collegium system of appointment of judges with the National Judicial Appointment Commission (NJAC).
• The One Hundred First Amendment Act of 2016 introduced the Goods and Services Tax (GST) regime.
• The One Hundred Sixth Amendment Act of 2023 paved the way for 33% reservation for women in Lok Sabha and state assemblies.  

The Importance of Constitutional Amendments

• Constitutional amendments are essential for ensuring that the Constitution remains relevant and responsive to the evolving needs and aspirations of society.
• They provide a mechanism for adapting the Constitution to contemporary challenges and incorporating new ideas and values.  

Balancing Flexibility and Stability

• The Indian Constitution strikes a balance between flexibility and stability.
• While it allows for amendments, it also safeguards the core principles and values that form the foundation of Indian democracy.
• The ‘Basic Structure’ doctrine ensures that while the Constitution can be amended, its fundamental framework remains inviolable.

The Role of the Judiciary

• The judiciary plays a crucial role in interpreting constitutional amendments and ensuring they comply with the Constitution’s basic structure.
• This judicial oversight helps maintain the integrity of the Constitution and prevents any arbitrary or excessive use of the amendment power.  

The Impact of Amendments on Governance

• Constitutional amendments have significantly impacted various aspects of governance in India.
• They have strengthened the federal structure, expanded the scope of fundamental rights, and introduced new directive principles to guide state policy.  

Amendments and Social Change

• Several amendments have been instrumental in promoting social change and equality in India.
• The abolition of the zamindari system, the reorganization of states on a linguistic basis, and the reservation for women in legislatures are examples of how amendments have been used to address social issues and promote inclusivity.  

Challenges and the Way Forward

• While constitutional amendments are essential for adapting the Constitution to contemporary challenges, it is crucial to ensure that they are not used to undermine the core principles of democracy and justice.
• The amendment process should be used judiciously and transparently, with due consideration for the long-term implications of any changes.

3. Role of the Indian Constitution in Promoting Social Justice

Transformative Constitutionalism

• The Indian Constitution is not just a document of governance but also an instrument of social revolution.
• It is characterized by ‘transformative constitutionalism,’ which necessitates state intervention in society to achieve social justice.
• This approach contrasts with the Gandhian concept of social justice, which emphasizes individual moral transformation as the starting point for societal change.  

Key Provisions Promoting Social Justice

• Several provisions in the Constitution actively promote social justice. The phrase ‘We the People’ in the Preamble creates a new identity that equalizes opportunities and status for all citizens.
• Universal Adult Franchise, established on the principle of ‘one person, one vote, one value,’ revolutionized political participation in a hierarchical society.
• Article 17 abolishes untouchability, aiming to break from the past of discrimination.
• The Right to Equality, enshrined in Article 14, promotes substantive equality by recognizing the need for special protective laws for marginalized groups.
• The Directive Principles of State Policy provide a framework for the state to actively work towards social and economic justice.  

The Constitution as a Tool for Social Transformation

• The Constitution is more than just a set of rules and regulations; it is a tool for social transformation.
• It seeks to create a just and equitable society by empowering marginalized communities, protecting individual rights, and promoting social welfare.  

The Role of the State

• The Constitution envisions an active role for the state in promoting social justice.
• It mandates the state to take affirmative action to uplift marginalized sections of society, ensure equal opportunities for all, and create conditions for the well-being of its citizens.  

The Importance of Fundamental Rights

• Fundamental Rights are not just limitations on state power but also tools for social change.
• They guarantee individual liberties, protect against discrimination, and empower citizens to challenge injustice.  

The Directive Principles: Guiding State Policy

• The Directive Principles of State Policy provide a roadmap for the state to achieve social and economic justice.
• They guide the state in formulating policies that promote the welfare of its citizens and create a just and equitable society.  

The Constitution and Civil Society

• The Constitution recognizes the importance of civil society in promoting social justice.
• It provides space for civil society organizations to advocate for the rights of marginalized communities, hold the state accountable, and contribute to social progress.

Challenges and the Way Forward

• Despite significant progress, India continues to face challenges in achieving social justice.
• The persistence of social inequalities, discrimination, and poverty requires continued efforts to ensure that the Constitution’s transformative potential is fully realized.

4. The Future of AI in India: Navigating Profiling Concerns and Criminal Investigations

AI and Profiling: The Role of the DPDP Act

• Artificial Intelligence (AI) is rapidly transforming various aspects of life, from business operations to criminal investigations.
• The Digital Personal Data Protection Act (DPDP Act) of 2023 addresses concerns related to AI profiling by recognizing behavioral data as personal data and protecting users’ rights.
• This Act forces AI systems to comply with user requests for data correction or erasure, introducing challenges for businesses that rely heavily on data aggregation.  

AI in Criminal Investigations: The Impact of BNS

• The Bharatiya Nyaya Sanhita (BNS) of 2023 acknowledges the role of AI in analyzing digital data to aid criminal investigations.
• AI can be used in predictive policing, forecasting potential criminal activity based on data analysis.
• However, this raises concerns about privacy violations and the potential for bias in algorithms.
• The BNS grants law enforcement agencies broad powers to seize digital devices and access personal data, highlighting the need for proper oversight and judicial review.  

The Transformative Potential of AI

• AI has the potential to revolutionize various sectors, from healthcare and education to transportation and governance.
• Its ability to analyze vast amounts of data and make accurate predictions can lead to more efficient and effective solutions to complex problems.  

Balancing Innovation and Privacy

• The challenge lies in balancing the transformative potential of AI with the need to protect individual privacy and ensure fairness.
• The DPDP Act provides a framework for safeguarding personal data, but businesses and policymakers need to work together to create an AI ecosystem that fosters innovation while respecting user rights.  

The Role of Law Enforcement

• Law enforcement agencies need to adapt to the changing landscape of crime by incorporating AI tools and techniques into their investigations.
• However, it is crucial to ensure that these technologies are used ethically and responsibly, with proper oversight and accountability.  

Global Perspectives

• India can learn from global experiences in regulating AI, such as the European Union’s General Data Protection Regulation (GDPR) and the UK’s National Crime Agency’s AI-based initiatives.
• These examples provide valuable insights into creating an AI ecosystem that balances innovation with privacy and fairness.

5. Criminal Justice System Reforms: Evaluating the Impact of BNS

Shift from ‘Dand’ to ‘Nyaya’

• The Bharatiya Nyaya Sanhita (BNS) marks a significant shift from the colonial-era Indian Penal Code (IPC) by emphasizing ‘Nyaya’ (justice) rather than just ‘Dand’ (punishment).
• This is reflected in the BNS’s prioritization of the protection of women and children and its focus on offenses related to national security.  
• The BNS is not merely a renaming of the IPC; it represents a paradigm shift in India’s criminal justice philosophy.
• The emphasis on ‘Nyaya’ aligns with the Bharatiya concept of justice, which prioritizes protecting the nation and the vulnerable from anti-national and criminal forces.  

Key Additions in the BNS

• The BNS introduces several crucial additions to address contemporary challenges.
• It includes new offenses against women and children, such as marrying by suppressing identity (Section 69) and hiring or employing a child to commit an offense (Section 95).
• It also incorporates offenses against the human body, such as mob lynching (Section 103(2)), organized crime (Section 111), petty organized crime (Section 112(1)), and voluntarily causing grievous hurt (Section 117).  
• These additions reflect the BNS’s commitment to protecting the vulnerable and addressing the evolving nature of crime.
• The inclusion of offenses like mob lynching and organized crime demonstrates the BNS’s responsiveness to contemporary challenges.  

Addressing National Security and Other Challenges

• The BNS also includes new offenses against the nation, such as terrorist acts (Section 113), acts endangering the sovereignty, unity, and integrity of India (Section 152), and the dissemination of misleading information (Section 197(1)(d)).
• It also addresses offenses against property, such as snatching (Section 304(1)).
• Additionally, the BNS introduces new definitions, including a clear definition of a child (Section 2(3)) and an inclusive definition of gender (Section 2(10)).
• It also introduces community service as a form of punishment, particularly for first-time offenders of petty offenses.
• The BNS’s focus on national security aligns with the Bharatiya Constitution’s emphasis on sovereignty.
• The inclusion of offenses related to terrorism and endangering the nation’s integrity reflects the BNS’s commitment to safeguarding India’s security.  

Relevance and Impact of the BNS

• The BNS is highly relevant in addressing the contemporary challenges faced by India.
• It tackles offenses and issues currently prevalent in society, providing a legal framework for dealing with them effectively.
• The BNS is poised to significantly impact the justice delivery system by providing clearer legal provisions, stricter penalties, and a broader definition of offenses.

6. Impact of the Bharatiya Nyaya Sanhita on Labour Dispute Resolution

Shift from Conciliatory to Penal Approach

• The BNS’s approach to labor disputes marks a departure from the traditional focus on amicable settlement under the Industrial Disputes Act of 1947 and the Industrial Relations Code of 2020.
• The BNS introduces strict penal measures for labor conflicts, potentially criminalizing certain forms of worker protests.  
• This shift in approach reflects a change in the government’s perspective on labor disputes.
• While the earlier statutes emphasized conciliation and mediation, the BNS prioritizes maintaining public order and preventing disruptions to business operations.  

Key Provisions Impacting Labour Disputes

• Section 194 of the BNS prescribes punishment for committing instances of violent behavior in public places, which could include worker protests or strikes.
• This provision offers protection to employers against unlawful disruptions in business operations but could also have a chilling effect on legitimate worker protests.  
• The BNS’s approach to strikes and protests represents a significant departure from the earlier statutes, which provided immunity to trade union members from legal proceedings in certain cases.  

Challenges and Implications of the BNS

• The BNS’s stricter approach to labor disputes raises concerns about its impact on worker rights and the potential for adversarial relations between labor and management.
• The criminalization of labor offenses could also further burden the already strained judicial system.  

The Role of the Judiciary

• The judiciary will play a crucial role in interpreting and applying the BNS’s provisions in labor disputes.
• The courts will need to balance the need to maintain public order with the protection of worker rights.  

The BNS and the Informal Sector

• While the BNS primarily focuses on the formal sector, recent court rulings suggest that its provisions could also extend to platform-based workers in the informal sector
• This could have significant implications for labor relations in the gig economy.

7. My Tryst with Emergency: The Darkest Phase of Indian Democracy

The Emergency: A National Crisis

• The declaration of the Emergency on June 25, 1975, marked one of the darkest periods in India’s post-independence history.
• It led to the suspension of fundamental rights, the arrest of prominent political leaders, and the suppression of civil liberties.  
• The Emergency was a national crisis that tested the resilience of India’s democratic institutions.
• It highlighted the importance of vigilance in safeguarding democratic values and the rule of law.  

Personal Experiences During the Emergency

• The author, Bandaru Dattatraya, shares his personal experiences during the Emergency, including his arrest under the Maintenance of Internal Security Act (MISA) and his imprisonment in Chanchalguda Central Prison.
• He recounts the challenges he faced, the support he received from his family, and his unwavering commitment to democratic values.  
• His personal account provides a glimpse into the hardships and uncertainties faced by those who opposed the Emergency.
• It also highlights the courage and resilience of ordinary citizens who stood up for their democratic rights.  

Lessons from the Emergency

• The Emergency serves as a stark reminder of the fragility of democracy and the importance of upholding constitutional values.
• It underscores the need for vigilance in protecting civil liberties and ensuring the accountability of those in power.

8. Redefining Law in a Cyber Age: India’s Legislative Shift Against Modern Crime

The Rise of Cybercrime

• The digital age has brought with it new challenges in the form of cybercrime, which transcends physical borders and exploits vulnerabilities in digital infrastructure.  
• Cybercrime poses a unique threat to individuals, businesses, and nations. Its borderless nature and the anonymity it offers to perpetrators make it difficult to investigate and prosecute.  

India’s Response: New Criminal Laws

• The Indian government has introduced three new criminal laws to address the complexities of modern crime: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagrik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA).
• These laws aim to tackle challenges related to jurisdiction, evidence collection, and prosecution in the digital realm.  
• The introduction of these laws marks a significant step in modernizing India’s criminal justice system.
• It demonstrates the government’s commitment to adapting the legal framework to the challenges of the digital age.  

Key Features of the BNS and BNSS

• The BNS acknowledges the need for a nuanced approach to cybercrime, recognizing that criminals can operate from anywhere in the world.
• It streamlines investigative processes and allows law enforcement to pursue criminals across multiple jurisdictions within India.
• The BNSS focuses on improving the security of Indian citizens in the digital age by empowering law enforcement agencies to respond more effectively to digital threats.  
• The BNS and BNSS provide law enforcement agencies with the tools and authority necessary to investigate and prosecute cybercrime effectively. They also aim to protect citizens from the growing threat of digital crime.  

Adapting to the Digital Landscape

• The BNS and BNSS represent India’s proactive approach to adapting its legal framework to the evolving digital landscape.
• They address the unique challenges posed by cybercrime and provide a foundation for a more secure and just digital environment.