5th November 2024
Article: 5th November, 2024
Topic: SC issues directions on remission of convicts
Relevance: GS Paper: 2 – Polity
Source: Business Standard
Context
- In order to standardize and increase the openness of the laws controlling the nation’s convicts’ permanent remission, the Supreme Court has issued directives.
Important Aspects on Ruiling
- Policy Information and Accessibility: States must make copies of their remission policies available in jails and posted on official websites so that all convicted individuals can view them.
– Inmates who qualify for remission must be made aware of these policies by jail officials. - Decisions Are Communicated Timely: Convicts must be informed within a week by States and Union Territories if their applications for remission are denied.
- New Policy Availability: Any changes to remission guidelines must be promptly communicated online and in jails.
Indian criminals are granted permanent remission
- It entails lowering or lessening the sentence’s length or permitting an early release from jail, either based on good conduct, special circumstances, or under certain legal provisions.
- The following legal justifications may be used to remit sentences:
– Article 72 (President’s Power): Any prisoner, including those guilty of capital crimes, may be pardoned, granted a reprieve, or have their punishment remitted by the President of India.
Following consultation with the Union Cabinet, it can be exercised.
– Article 161 (Power of the Governor): For people punished by state courts, the governor of a state has comparable authority.
The Head of State is bound by the recommendation of the relevant government.
– The Criminal Procedure Code’s (CrPC) Section 432 gives the federal or state governments the authority to revoke or suspend a convicted person’s sentence.
It permits a person who has been sentenced to prison to have their sentence reduced, which could be either temporary or permanent, depending on the circumstances.
Types of Remission
- Complete Remission: When the sentence is entirely lifted or revoked, the offender is released from prison right away.
- Partial Remission: This shortens but does not completely abolish the sentence.
- Special Remission: Remission is occasionally given as part of a special amnesty, usually on national holidays like Republic Day or Independence Day, or when the government chooses to provide relief to specific prisoner groups, such as women, the elderly, or those who are ill.
Laxman Naskar v. Union of India (2000)
- The SC established the following rules for evaluating premature release under it:
– whether the crime is committed by a single person and has no impact on society as a whole;
– whether there is a possibility that a crime will be committed again in the future; - if the convicted person is no longer capable of committing a crime;
- if keeping the prisoner in confinement further serves any useful purpose;
- The convict’s family’s socioeconomic status.
- Numerous seminal instances (such Union of India v. V. Sriharan (2016) and Maru Ram v. Union of India (1981)) emphasize important guidelines for sentence remission, including:
- the President and Governor’s discretionary authority to commutate or grant remission.
- how the judiciary and executive branches interact when examining remission decisions.
- the significance of court supervision, rehabilitation, and good behavior in the remission process, especially for death row inmates and lifers.
Conclusion
In India, the state and federal governments have the authority to grant permanent remission, which is intended to provide convicted individuals a second chance if they have shown good behavior, rehabilitation, or exceptional circumstances.
However, it is governed by stringent legal procedures, and the convict’s case and circumstances are carefully considered before such remission is granted.
Also Read Topics & Concepts:
Prelims Practice Questions
Q. Consider the following statements
1. The goal of penalty remission is to preserve a feeling of social justice.
2. Article 21 guarantees prisoners the fundamental right to remission.
3. Humanitarian remission is required by Article 72 of the Constitution.
Which of the above statements are correct?
- 1 and 3
- 2 only
- 1 and 2
- 1, 2, 3
Ans: a
Explanation
The goal of penalty remission is to preserve a feeling of social justice. Humanitarian remission is indeed required by Articles 72 and 161 of the Constitution.
In the 2007 case of Mahender Singh v. State of Haryana, the Supreme Court made it clear that remission should not be regarded as a prisoner’s basic right.
Mains Model Questions
Q. Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (UPSC PYQ 2014)
| Introduction: According to Article 72 of the Indian Constitution, the President of India is constitutionally empowered to pardon people and, in certain situations, to suspend, remit, or commute sentences. The Council of Ministers advises the exercise of this authority. Nevertheless, the President has no time restriction to approve or deny mercy pleas, which has resulted in cases where they have been pending for years. Particularly in situations involving death sentences, this delay has generated public discussion and condemnation. Body: For the following main reasons, some contend that the President ought to have a deadline for making decisions about mercy petitions: Right to fast Justice: According to Article 21 of the Indian Constitution, the right to fast justice is a component of the right to life and personal liberty, and it may be violated if mercy pleas are not decided promptly. Humanitarian Concerns: The “death row phenomenon” refers to the situation when a prisoner waits a long time for a decision on their destiny, which might worsen their mental anguish. Others, however, caution against imposing such a deadline due to- Complexity and Seriousness of Cases: Capital punishment cases are frequently complicated, and deciding whether to commute or pardon a death sentence is a severe decision with long-term effects.Political Repercussions: Mercy petition decisions may have a big political impact. Setting a deadline could hasten the decision-making process and result in less-than-considered choices. The case of death row inmate Devender Pal Singh Bhullar brought attention to the problem of the delay in granting mercy requests. It took more than eight years for the President to deny his request for mercy.In a groundbreaking ruling in 2014, the Supreme Court of India declared that a death sentence could be commuted if there was an excessive delay in deciding a mercy appeal. Conclusion: Allowing enough time for a thorough examination of every facet of the case is crucial, even as it is necessary to guarantee prompt justice and lessen the suffering of prisoners awaiting a verdict on their mercy petitions. Finding a balance between these conflicting demands is a difficult task that requires careful thought. Establishing standards or principles for determining mercy petitions in a fair amount of time without making it a strict obligation could be one possible course of action. |
Article: 5th November, 2024
Topic: How can Free and Fair elections in India be ensured?
Relevance: GS Paper: 2 – Polity
Source: Indian Express
Context
- There are significant concerns over possible bias and impartiality in the electoral process due to the issues surrounding the appointment and operations of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
Concerns about bias in Appointments
1. The Constitutional Structure
- The Indian Constitution’s Article 324(2) gives the President the authority to name the CEC and ECs in accordance with laws passed by Parliament.
- But as no such law has been passed, nominations are made only on the Executive’s recommendation.
2. Intervention by the Supreme Court and Later Law
- A committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India should advise on the selection of the CEC and ECs, according to a March 2023 Supreme Court ruling.
- Until Parliament could enact a formal law outlining the appointment procedure, this order aimed to strengthen the Election Commission’s independence.
- In December 2023, Parliament approved legislation that changed the appointment committee’s composition to include the Prime Minister, the Leader of the Opposition, and a Union Cabinet Minister—a move that went against the Supreme Court’s intent.
- This change went against the Court’s goal of preserving the independence of the Election Commission, which heightened worries about possible appointment bias.
Comprehensive Appointment System Proposal
An effective and open appointment process is required to strengthen the Election Commission’s independence and guarantee the holding of free and fair elections:
- Parliamentary Committee Oversight: Form a parliamentary committee with the responsibility of determining the requirements and vetting applicants for the roles of CEC and ECs
- Approval of Qualifications: To guarantee that only qualified people are given consideration for these important positions, candidates’ qualifications must be approved by a two-thirds majority in Parliament.
- Nominations and Public Hearings: To increase openness and public confidence in the appointment process, the committee would solicit nominations, create a shortlist of applicants, and conduct public hearings.
- Final Approval: Before being sent to the President for official appointment, the final choices would need to receive a two-thirds majority in Parliament.
- Regulations of Tenure: Give the CEC and ECs a six-year term, or until they turn 75, whichever comes first. It should be stipulated that no one older than 69 may be selected to guarantee a full term of service.
Conclusion
- The Election Commission must be appointed in a transparent, bipartisan manner to guarantee free and fair elections in India.
- This strategy will improve the nation’s democratic fabric by promoting independence, boosting public trust, and adhering to constitutional norms.
Also Read Topics & Concepts:
Prelims Practice Questions
Q. Consider the following statements
1. The Election Commission of India uses a majority vote for all of its decisions.
2. It investigates the disagreements surrounding the vice-presidential election.
3. A candidate cannot be disqualified by the Election Commission for breaking the Model Code of Conduct.
Which of the above statements are correct?
- 1 and 3
- 2 only
- 1 and 2
- 1, 2, 3
Ans: a
Explanation
Every Election Commissioner, including the Chief Election Commissioner, has the same authority, and a majority vote is required to make a decision. Therefore, the CEC could be overturned.
Only the Supreme Court has the last say in matters pertaining to electoral disputes involving the Vice President of India.
A candidate cannot be disqualified by the Election Commission for breaking the Model Code of Conduct.
Mains Model Questions
Q. Discuss about the Election Commission of India’s function and significance in guaranteeing free and fair elections in India.
| Introduction: In order to guarantee free and fair elections throughout the nation, the Indian Constitution directly established the Election Commission, a permanent and independent organization. Provisions pertaining to the Election Commission of India are found in Articles 324 to 329 of the Indian Constitution. Body: The function of the Indian Election Commission: Electoral administration: According to Article 324 of the Constitution, the electoral commission will have the authority to oversee, direct, and manage elections for the parliament, state legislatures, the president of India, and the vice president of India. Keeping the playing field level: – The ECI guarantees that every candidate and political party has a level playing field during elections.It accomplishes this by upholding the Model Code of Conduct, which establishes standards that candidates and political parties must adhere to throughout elections.Function in Relation to Political Parties: – To give political parties official legitimacy and election emblems. – To serve as a court to resolve conflicts pertaining to the recognition of political parties and the distribution of electoral symbols to them. Education of voters: – To raise voter awareness of their rights and obligations, the ECI runs voter education initiatives. – This involves teaching children how to vote and the significance of doing so. Tracking election-related expenses: – During elections, the ECI keeps an eye on candidates’ and political parties’ spending to make sure it stays within the legal bounds. Resolving electoral fraud: – Voter intimidation, fraudulent voting, and booth capturing are among the electoral malpractices that the ECI strictly prohibits. The significance of the Indian Election Commission Providing free and fair elections: The ECI’s main duty is to guarantee free and fair elections. This is essential to preserving the electoral process’ legitimacy and guaranteeing that the will of the people is carried out.Maintaining democracy: – The ECI is essential to maintaining India’s democracy. – It contributes to the preservation of the nation’s democratic ideals by guaranteeing free and fair elections. Keeping elections peaceful: – Election related calm is preserved by the ECI’s initiatives to prevent electoral fraud and guarantee fair competition. Conclusion: In order to guarantee free and fair elections in India, the Election Commission of India has been essential. Its initiatives to keep the playing field level, stop electoral fraud, and encourage voter education have contributed to the preservation of democracy and election-related calm. It is impossible to overestimate the ECI’s significance to Indian democracy, and its continued independence and objectivity are crucial. |
Article: 5th November, 2024
Topic: Asian Buddhist Summit 2024
Relevance: GS Paper: 1 – History
Source: PIB
Context
- The First Asian Buddhist Summit (ABS) was arranged by the Ministry of Culture in association with the International Buddhist Confederation (IBC).
About
- “The Role of Buddha Dhamma in Strengthening Asia” is the summit’s subject.
- Leaders of the Sangha, academics, professionals, and practitioners from different Buddhist traditions from Asia attended the summit.
- The following topics were discussed at the Asian Buddhist Summit:
– Buddhist Heritage, Art, and Architecture;
– Buddha Cārikā and Buddha Dhamma Dissemination;
– The function of sacred Buddhist artifacts and their social significance;
– Buddha Dhamma’s Importance for Scientific Study and Well-Being
– Buddhist philosophy and literature’s place in the twenty-first century. - The Summit is also an expression of India’s Act East Policy, which is based on the idea that Dhamma should serve as the compass for the collective, inclusive, and spiritual development of Asia.
Buddhism
- Based on the teachings of Siddhartha Gautama, also known as the Buddha, who lived in what is now Nepal and India between the fifth and fourth centuries BCE, Buddhism is a philosophical and spiritual philosophy.
- Understanding human suffering, its origins, and how to alleviate it is at the heart of Buddhism.
- Enlightenment, which is defined as freedom from pain and the cycle of birth, death, and rebirth (samsara), is attainable through Buddhism.
- In Buddhism, achieving Nirvana—a state of freedom from the cycle of birth, death, and rebirth—is the ultimate aim.
Buddhist Teachings’ Significance in the Modern World
- Meditation & Mindfulness: A key component of Buddhism, mindfulness meditation has gained popularity in recent years due to its positive effects on mental health.
- Emotional Resilience: Buddhism emphasizes the value of dukkha, or embracing pain as a natural part of life, which can help people become more resilient when faced with hardship.
- Buddhism provides a model for communication and reconciliation by promoting nonviolence (ahimsa) and the peaceful settlement of disputes.
- Forgiveness: Buddhist teachings place a strong emphasis on forgiveness, and they are especially applicable in civilizations that have recently experienced conflict or that are still recovering from past trauma.
- Transcending Materialism: Buddhism offers an alternative viewpoint on pleasure that is based on inner serenity, wisdom, and compassion in a world that is frequently obsessed with material gain.
Diplomacy Using Soft Power
- Soft Power: This idea has become a powerful instrument for nations to exert influence and mold public opinion without using force.
- Western nations, particularly the United States, frequently use the term “soft hegemony” to describe this.
- Targeting the younger generation in particular, it is utilized to quietly promote the beliefs and values of other cultures through popular trends.
- The phrase “soft power” was first used by Joseph Nye.
Buddhism as a Cultural Soft Power Diplomacy Tool for India
- To Improve Relations with South Asian Nations: Buddhist traditions are firmly ingrained in several Southeast Asian countries, including Thailand, Myanmar, Cambodia, Laos, Vietnam, and Sri Lanka.
- In order to fortify relations and thwart China’s expanding influence, India has been carefully utilizing its rich Buddhist tradition.
- Establishing Itself as a Peaceful Nation: By highlighting diversity and shared values, India hopes to strengthen its diplomatic and economic ties while also position itself as a beacon of peace and stability in the region.
- Origin of Buddhism: India’s historical foundations—Brahminy originated there—as well as the existence of important locations like Bodh Gaya support its efforts to promote Buddhist diplomacy.
- The Dalai Lama and India’s Global Impact: The Dalai Lama has been an ambassador of Buddhist doctrine while living in exile in India since 1959.
- The Rebirth of Nalanda University: Founded in the fifth century CE, the first Nalanda University was a prominent hub for Buddhist studies that drew professors and students from all over Asia.
- Indian Buddhist monuments and art, including the Great Stupa at Sarnath, the Sanchi Stupa, and the Ajanta and Ellora Caves, are UNESCO World Heritage sites that represent India’s rich cultural legacy.
- Foreign Policy: The Panchsheel Initiative and the Panchamrit Principles are two examples of the nation’s non-military strategy.
- Travel: Currently, seven of the eight most important Buddhist sites worldwide are located in India.
- A variety of cross-border tourist circuits are being promoted by the Ministry of Tourism.
- The Buddhist Circuit refers to the sacred sites where Lord Buddha was born, taught, preached, and achieved “enlightenment” and “nirvana.”
Conclusion
- Buddhism’s historical blending of Asian and Indian cultures offers a solid basis for promoting understanding and collaboration.
- India aims to promote international understanding, collaboration, and goodwill by utilizing historical, cultural, and religious linkages.
- Through programs like the encouragement of Buddhist travel and the resuscitation of Nalanda University, India endeavours to assert its leadership in the realm of academia while simultaneously strengthening its cultural and diplomatic foothold.
Also Read Topics & Concepts:
Prelims Practice Questions
Q. With reference to the religious history of India, consider the following statements: (UPSC PYQ 2020)
1. Sthaviravadins belong to Mahayana Buddhism.
2. Lokottaravadin sect was an offshoot of Mahasanghika sect of Buddhism.
3. The deification of Buddha by Mahasanghikas fostered Mahayana Buddhism.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Ans: b
Explanation
The concept of the Bodhisattva is central to Mahayana Buddhism, not Hinayana (also known as Theravada Buddhism). Theravada focuses on the individual’s path to enlightenment primarily through self-effort and regards the historical Buddha as the ultimate teacher. It does not emphasize the Bodhisattva ideal as Mahayana does.
Lokottaravadin sect was an offshoot of Mahasanghika sect of Buddhism.
The deification of Buddha by Mahasanghikas fostered Mahayana Buddhism.
Mains Model Questions
Q. What teachings of Buddha are most relevant today and why? Discuss. (UPSC PYQ 2020)
| Introduction: Buddhism’s primary objective is to eradicate misery and suffering. Buddha’s teachings will only become more pertinent as the world becomes more interconnected and plagued by conflicts. Body: The Relevance of the Conceptual Framework of Buddhist Thought The Four Noble Truths are the core of what Buddha taught. The way to enlightenment is laid out by these Four Noble Truths. The following are these four admirable truths: The truth of dukkha: Buddha believed that all sources of enjoyment were fleeting and that all happy feelings were accompanied by discontent.The truth about the origin of dukkha: Ignorance-conditioned yearning is the root cause of dukkha. – A misunderstanding of reality and oneself is implied by ignorance. – This is relevant when wealthy nations ignore climate change and its effects, which will eventually damage all of humanity.The reality of dukkha’s cessation: The goal of Buddhist spiritual practices is to stop dukkha. – Buddhism places a strong focus on meditation, which is a mental training exercise that promotes the development of more positive outlooks on life. – In the era of smartphones, meditation can help people cope with the rise in mental illnesses and promote both mental and moral self-improvement. The reality of the route that leads to dukkha cessation: Ending dukkha is the fourth noble path. We refer to it as the eightfold route. – Right comprehension, right speech, right action, right livelihood, right effort, right awareness, and right concentration are its components. – The goal of right speech is to refrain from lying and using dishonest language. This can be used to combat the rise in intolerance and hate speech in society. – A right living suggests using moral methods to accumulate riches. This is relevant given the rise in economic inequality and corruption. – Self-discipline, honesty, kindness, and compassion are the results of hard work and can combat persistent social degradation. Conclusion: As the Dalai Lama said, “The 20th century was a century of war and violence, and it was the work of humanity to ensure the 21st century goes on the way of peace and dialogue.” This statement has relevance to Buddhism. |
Article: 5th November, 2024
Topic: ISA releases World Solar Report
Relevance: GS Paper: 3 – Energy
Source: PIB
Context
- During the 7th International Solar Alliance Assembly, the third issue of the World Solar Report series was published.
About
- A key sector in the worldwide transition to sustainable energy is highlighted by each of the four recently released reports: the World Solar Market Report, the World Investment Report, the World Technology Report, and the Green Hydrogen Readiness Assessment for African Countries.
- This series, which debuted in 2022, offers a thorough summary of the major obstacles, investment patterns, and worldwide advancements in solar technology.
Important Points
- Report on the Global Solar Market
- Growth in Solar Capacity: The world’s solar capacity grew at an annual rate of 40% from 1.22 GW in 2000 to 1,418.97 GW in 2023.
- Employment Boom in the Solar Industry: 16.2 million employments are created by the sector, with solar accounting for 7.1 million of those positions.
- Report on Global Investment
– Exponential Growth in Energy Investments: At a steady rate of around 5% each year, global energy investments are expected to rise from $2.4 trillion in 2018 to $3.1 trillion in 2024.
– Leading global solar investment: With USD 223 billion invested in solar in 2023, APAC is leading the world in solar investments. - World Technology Report
– Resilient, economical energy solutions are promoted by record-breaking 24.9% efficiency in solar PV modules, an 88% decrease in silicon usage since 2004, and a 90% decrease in utility-scale solar PV costs. - Report on the Readiness Assessment of Green Hydrogen in African Nations
– Green hydrogen supports Africa’s shift to cleaner energy by providing a competitive substitute for coal, oil, and gas.
About the International Solar Alliance
- There are 120 member and signatory nations in this global organization.
- Founded: In 2015 by French President Francois Hollande and Prime Minister Narendra Modi.
- Headquarter: India is home to the first global intergovernmental organization.
- Our goal is to unlock $1 trillion in solar investments by 2030.
– lowering the financial and technological costs.
India’s Potential for Renewable Energy
- India now has 452.69 GW of total energy producing capacity.
- With 8,180 megawatts of nuclear power, non-fossil fuel-based power now makes up about half of the nation’s installed capacity for energy generation.
- By 2024, 201.45 GW of electricity will be generated by renewable energy, making up 46.3% of the nation’s installed capacity.
- 90.76 GW comes from solar power, 47.36 GW from wind power, 46.92 GW from hydroelectric power, 5.07 GW from small hydro power, and 11.32 GW from biopower, which includes biomass and biogas energy.
India’s Objectives
- In addition to meeting the short-term goals of reducing cumulative emissions by one billion tonnes by 2030, increasing renewables capacity to 500 GW by 2030, meeting 50% of energy requirements from renewables, and lowering the emissions intensity of India’s GDP by 45% from 2005 levels by 2030, the country aims to achieve Net Zero Emissions by 2070.
Also Read Topics & Concepts:
Prelims Practice Questions
Q. Consider the following statements regarding International Solar Alliance (ISA)
1. It is an economic partnership with the goal of expanding member countries’ trade.
2. It provides India with a chance to take the lead in combating climate change.
3. The United Nations does not include it.
Which of the above statements are correct?
- 1 only
- 2 and 3
- 1 and 2
- 1, 2, 3
Ans: b
Explanation
This partnership aims to lessen reliance on fossil fuels by using solar energy to produce power.
This endeavor was started by France and India. India is thus given the chance to take the lead in the battle against climate change.
It is a distinct entity that is a member of the United Nations. The ISA already has observer status with the UN.
Mains Model Questions
Q. Examine how well the Indian government has promoted solar energy as a way to satisfy the nation’s expanding energy needs through its policies and programs.
| Introduction: In order to fulfill the nation’s expanding energy needs, the Indian government has made great efforts to promote solar energy as a vital alternative. With solar energy playing a key role, this endeavor is a component of a larger goal to raise India’s renewable energy capacity to 500 GW by 2030. Important laws and programs have been put in place to support the expansion of the solar industry, deal with obstacles, and take advantage of the nation’s solar potential. Body: Important Projects and Regulations Production Linked Incentive Scheme (PLI): With large expenditures resulting in the development of jobs and an increase in domestic manufacturing capacity for high-efficiency solar PV modules. The goal of the Solar Park Scheme is to build expansive solar parks that will increase the capacity of solar energy generation and draw in investments. The PM-KUSUM Scheme aims to increase solar power capacity in the agricultural sector by substituting solar pumps for diesel ones and requiring the use of solar modules made in the country. The International Solar Alliance (ISA) was established to encourage the use of solar energy on a global scale, with the goal of producing a sizable amount of renewable energy by 2030 and assisting with solar technology investments. Through subsidies, the Rooftop Solar Program promotes solar installations in residential areas, increasing access to solar energy. Accomplishments and Objectives India’s dedication to become a solar powerhouse is demonstrated by the significant growth in solar installed capacity that has been the consequence of the coordinated efforts. By 2030, the nation hopes to have 500 GW of renewable energy capacity, drastically cut carbon emissions, and aiming for a substantial share of energy requirements to be met by renewable sources. Challenges and Way Forward Despite these efforts, India still has to deal with issues such low solar rates, financing mechanisms, space limitations for large-scale installations, the lack of domestic solar part manufacture, and solar waste management. Through financial incentives, programs to assist rooftop and street lighting installations powered by solar energy, and initiatives to improve the manufacturing ecosystem, the government has taken action to solve these issues. Conclusion: India is taking a multifaceted strategy to increasing its solar energy capacity, focusing on both the manufacturing and generating aspects of the industry. Even while there has been a lot of progress, India will need to keep working to remove obstacles if it hopes to reach its ambitious renewable energy targets. India is a major player in the solar energy industry thanks to its support for solar energy and its tremendous solar potential. |