March 2025 Top Current Affairs: Polity
Supreme Court Sets Aside High Court Order Due to Judicial Overreach
Case Overview
- Case: Man Singh Verma v. NCB
- Allahabad High Court Ruling: Directed the Narcotics Control Bureau (NCB) to compensate for alleged wrongful confinement.
- Supreme Court Verdict: Overturned the HC order, citing judicial overreach.
Key Legal Standpoints
- Judicial Overreach Concern: The Code of Criminal Procedure (CrPC) does not empower courts to grant compensation for illegal detention.
- Judicial Restraint Principle: Reinforces the separation of powers and prevents courts from exceeding their jurisdiction.
- Reference to Dr. Manmohan Singh: “The dividing line between judicial activism and judicial overreach is a thin one.”
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Supreme Court Calls for Strengthening Tribunals in India
What Are Tribunals?
- Quasi-judicial bodies adjudicating disputes on specific matters.
- Constitutional Basis:
- 42nd Amendment Act (1976) added Part XIV-A to the Constitution.
- Article 323A: Allows Parliament to set up Administrative Tribunals for public service disputes.
- Article 323B: Permits Parliament & State Legislatures to create tribunals for subjects like taxation and land reforms.
Challenges in Tribunal Functioning
- Judicial Independence Concerns:
- Executive dominance in appointments.
- Presence of technical members affects neutrality.
- Case Pendency:
- Central Government Industrial Tribunal: 7,312 pending cases (2021).
- Armed Forces Tribunal: 18,829 pending cases (2021).
- Infrastructure Deficiencies:
- Shortage of staff, vacant posts, poor service conditions.
- Jurisdictional Overlaps:
- Confusion between tribunal and court rulings.
Proposed Reforms
- Enhance Judicial Independence: Ensure judicial dominance in selection panels, minimize executive influence.
- Establish a National Tribunals Commission (NTC): An independent body to oversee all tribunals.
- Improve Staffing & Appointments: Fill vacancies promptly, hire tribunal staff on deputation from government services.
Strengthening tribunals is crucial for reducing judicial backlog and ensuring efficient dispute resolution.
Six Years of Pradhan Mantri Shram Yogi Maandhan Yojana (PM-SYM)
PM-SYM has completed six years, offering financial security to unorganized workers and strengthening India’s social security framework.
Importance of PM-SYM
- Unorganized Sector Contribution: ~50% of India’s GDP.
- Registered Workers: Over 30.51 crore on the e-Shram portal (2024).
About PM-SYM
- Launch: 2019, by Ministry of Labour & Employment.
- Objective: Voluntary, contributory pension scheme ensuring ₹3,000/month pension after 60 years.
- Pension Fund Manager: Life Insurance Corporation (LIC).
- Enrollment: Common Service Centres (CSCs) & Maandhan Portal.
- Contribution Mode: Auto-debit from savings/Jan-Dhan accounts.
Eligibility & Contribution
- Eligible Professions:
- Street Vendors (Rag Pickers, Rickshaw Pullers).
- Construction Workers, Daily Laborers.
- Agricultural Workers, Beedi Workers.
- Domestic Workers, Artisans, etc.
- Eligibility Criteria:
- Age: 18–40 years.
- Monthly income: ₹15,000 or less.
- Exclusions:
- EPF/ESIC/NPS beneficiaries.
- Income taxpayers.
- Those receiving other pension benefits.
- Contribution Structure:
- ₹55–₹200/month, government matches contribution.
Key Features
- Family Pension:
- If the subscriber dies post-retirement, spouse gets 50% of pension.
- If the subscriber dies before 60 years, spouse can continue the scheme or exit.
- Donate-a-Pension Module:
- Encourages employers to contribute for workers’ pension.
Current Implementation & Status (March 2025)
- Coverage: 36 States/UTs.
- Total Enrollments: ~46.12 lakh.
- Top 3 States: Haryana, Uttar Pradesh, Maharashtra.
PM-SYM continues to empower unorganized workers, promoting financial inclusion and retirement security.
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Supreme Court Judge Expresses Concern Over Misuse of PILs
A Supreme Court judge has raised concerns about the growing misuse of Public Interest Litigations (PILs), stating that frivolous petitions are diluting their role as a tool for social justice.
Understanding Public Interest Litigation (PIL)
Definition:
PILs allow individuals or organizations without locus standi (i.e., those not directly affected) to file cases in the interest of the general public.
Key Features:
- Also known as Social Interest Litigation; the concept originates from American jurisprudence.
- Not defined in any statute; developed through judicial activism.
- Constitutional Provisions:
- Supreme Court can admit PILs under Article 32.
- High Courts can admit PILs under Article 226.
Genesis of PIL in India:
- First Relaxation of Locus Standi: Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai (1976).
- First Reported PIL Case: Hussainara Khatoon vs. State of Bihar (1979).
- Pioneers: Justice P.N. Bhagwati (considered the father of PILs in India) and Justice V.R. Krishna Iyer.
PIL as a Tool for Social Justice
PILs have led to several landmark judgments, including:
- Triple Talaq case (declaring instant triple talaq unconstitutional).
- Opening Haji Ali Dargah to women.
- Legalization of consensual homosexual relations (Navtej Singh Johar case).
While PILs remain crucial for upholding fundamental rights, frivolous petitions can clog courts and distract from genuine issues. The judiciary is now looking at ways to prevent abuse while maintaining PILs’ effectiveness as an instrument of social justice.
Assam Amends Law on Statutory Autonomous Councils
Key Amendment
The Assam Assembly has passed a bill that allows the governor to take control of statutory autonomous councils if elections are delayed beyond their extended term.
- Affected councils include: Mising, Thengal Kachari, Deori, Sonowal Kachari, Rabha Hasong, and Tiwa.
- The amendment allows a one-year extension (two six-month terms) before governor intervention.
Governance of Tribal Areas in Assam
1. Statutory Autonomous Councils
- Established by State Legislatures through Acts.
- Also present in Manipur (six councils).
- Objective: Promote social, economic, educational, ethnic, and cultural development of tribal communities.
- Powers in Assam: Executive control over 34 subjects, including cottage industries, land, and education.
2. Constitutional Autonomous Councils
- Governed under 6th Schedule (Article 244) of the Indian Constitution.
- Present in Assam, Meghalaya, Mizoram, and Tripura.
- If an autonomous district has multiple tribes, the governor can create an autonomous region with a regional council.
Composition
- Up to 30 members (4 nominated by the governor, rest elected).
- Exception: Bodoland Territorial Council can have 46 members.
Powers
- Legislative, Executive, Judicial, and Financial autonomy.
Governor’s Authority
- Can create, modify, or merge autonomous districts.
Total ADCs in Northeast: 10 across 4 states.
Autonomous District Councils (ADCs) in Assam:
- Bodoland Territorial Council (BTC)
- Dima Hasao Autonomous District Council
- Karbi Anglong Autonomous District Council
Significance of the Amendment
- Ensures governance continuity in statutory councils during election delays.
- Strengthens state oversight while maintaining tribal autonomy.
- Could spark debate on the balance of power between state authority and tribal self-governance.
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Supreme Court Calls for Stricter Implementation of Women Empowerment Laws
The Supreme Court of India has emphasized the need for stricter enforcement of existing laws to enhance women empowerment. Through various landmark judgments, the judiciary has played a crucial role in upholding women’s rights and ensuring gender justice.
Judiciary’s Role in Women Empowerment
1. Preventing Sexual Harassment
- Vishaka v. State of Rajasthan (1998): Established Vishaka Guidelines to prevent sexual harassment at the workplace.
- Led to the enactment of the POSH Act, 2013.
2. Upholding Women’s Rights
- Shayara Bano v. Union of India (2017): Declared Triple Talaq unconstitutional, ensuring Muslim women’s right to dignity.
3. Ensuring Gender Equality
- Danamma @ Suman Surpur v. Amar (2018): Recognized equal inheritance rights for daughters in ancestral property under the Hindu Succession Act, 1956.
4. Reforming Criminal Laws
- Joseph Shine v. Union of India (2018): Struck down Section 497 IPC (Adultery law), which treated women as the husband’s property.
5. Wage Equality
- Randhir Singh v. Union of India (1982): Recognized “equal pay for equal work” as a constitutional mandate under Article 39(d).
Other Constitutional and Legislative Measures
1. Constitutional Provisions
- Article 14: Right to equality.
- Article 15(1): Prohibits discrimination on the basis of sex.
- Article 42: Ensures just and humane conditions of work and maternity relief.
2. Legislative Frameworks
- Protection of Women from Domestic Violence Act, 2005: Protects women from domestic abuse.
- The Sexual Harassment of Women at Workplace (POSH) Act, 2013: Ensures safe working environments for women.
Way Forward
- Stronger enforcement of existing laws through strict monitoring.
- Judicial activism to uphold women’s rights.
- Public awareness campaigns to educate women about legal protections.
- Increased representation of women in the judiciary for gender-sensitive rulings.
The Supreme Court’s stance reinforces the critical role of the judiciary in driving meaningful change for women’s empowerment in India.
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