The Supreme Court held that not every resource owned by private players qualifies as “material resource of the community” under Article 39(b) of the Constitution for government use to serve the “common good”.

• A nine-judge Constitution Bench of the Supreme Court in the majority decision dismissed such a power of acquisition by the State.

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Background

• Reference to Constitution Bench Based On Petition: The reference to the Constitution Bench was based on petitions filed by parties including the Property Owners Association (POA) 
• The Petitioners filed that private properties cannot be taken over by the state under the garb of constitutional schemes of Articles 39 (b) and 31 C of the Constitution.
  • A total of 16 petitions, including the lead plea filed by POA in 1992, were considered.
  • The case was referred thrice to larger benches of five and seven judges.
  • On February 20, 2002, the matter was referred to a nine-judge Bench.

Key Issues Before the Supreme Court

• Existence of Article 31C: Whether Article 31C, the key constitutional provision that deals with the right to property, exists despite subsequent amendments and court rulings striking down the amendments.
  • The question before the SC in 2024 was whether the SC between 1978-1980 struck down Article 31C as a whole, or did it restore the post-Kesavananda Bharati position wherein Articles 39(b) and (c) remained protected. 
• Interpretation of Article 39(b): Whether the government can acquire and redistribute privately owned properties if they are deemed as “material resources of the community” as mentioned in Article 39(b) of the Constitution.

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Key Observations of the Supreme Court

• Shift from Socialist to Market Economy: Chief Justice Chandrachud, in the majority opinion, rejected Justice Iyer’s view as a “particular ideology.”
  • The court noted that India has moved on from socialism to liberalisation to market-based reforms.
  • The Indian economy has already transitioned from dominance of public investment to the co-existence of public and private investments.
• Rigid Economic Theory: The interpretation that every privately-owned property could be used by the state as material resource to “subserve the common good” postulated a “rigid economic theory which advocates greater state control of private resources”.
• Economic Democracy and the Constitutional Framework: The judgement reaffirmed the concept of economic democracy enshrined in the Indian Constitution. 
  • It acknowledged that the State has a role in regulating economic resources, but this role must be exercised with restraint and in a manner consistent with democratic principles. 
  • Imposing a singular ideology that prioritises state acquisition of private property would undermine the values and principles of our Constitutional framework.

• Contours of Article 39(b): Article 39(b) mandates policy that directs the ownership and control of the material resources of the community are so distributed to best subserve the common good
  • Expansive View cannot be taken: The Court acknowledged that “theoretically” privately-owned resources could be considered as material resources of the community, however an expansive view cannot be taken.
• Context-Based Approach to ‘Material Resources’: The court said the term ‘resource’ in Article 39(b) should be viewed context-wise.
  • Whether a resource could be acquired as a material resource of the community would depend on a series of “non-exhaustive factors” like:
    • The nature and characteristics of the resource.
    • Whether its acquisition is essential for the community’s welfare.
    • The degree of scarcity of the resource.
    • The consequences of the concentration of the resource in the hands of a few private individuals or entities.
  • The Court emphasised that not every privately-owned resource can automatically be deemed essential for public use or common good. 
    • For instance, personal assets like houses and vehicles could not be classified as resources for the community merely because they are privately owned.
• On Existence of Article 31C: The SC has said that the post-Kesavananda position on 31C is restored i.e  while the state can attempt to redistribute material resources for the common good (under Article 39(b)), 
  • It cannot infringe on the basic structure of the Constitution, including the right to private property (protected under Article 300A after the 44th Amendment). 
  • The state must respect the fundamental rights when acquiring private property, following due process.

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Reasons In Support of Redistribution Of Wealth By the State

• Fair and Equitable Distribution of Wealth: Aimed at serving the common interest of all sections of society. 
• Socialisation of Property: Instead of focusing on individual ownership and rights, the emphasis has been on the socialisation of property.

• • For ensuring that property and resources are distributed in a way that benefits the collective welfare, rather than being concentrated in the hands of a few. 
  • This approach seeks to promote social justice and economic equality.
• Poverty Alleviation: Lifts living standards and reduces poverty among marginalised groups.
• Preventing Social Unrest: Mitigates inequality-driven tensions and promotes social harmony. Constitutional Mandates: Aligns with constitutional obligations to promote the welfare of all citizens and achieve the ideal of a Welfare State.

Reasons Against Redistribution Of Wealth By The State

• Infringement on Property Rights: Redistributing wealth can be seen as a violation of the right to private property, undermining individual freedoms and ownership rights guaranteed by the Constitution.
• State Cannot Claim Ownership Through Adverse Possession: State cannot trespass on private property and claim ownership through the concept of ‘adverse possession.’ Doing so makes the state an encroacher.
  • The concept of adverse possession stems from the idea that land must not be left vacant but instead, be put to judicious use. 
  • Essentially, adverse possession refers to the hostile possession of property, which must be “continuous, uninterrupted, and peaceful.”
• Erosion of Free Market Principles: Wealth redistribution undermines laissez-faire economics  leading to less efficient resource allocation and a reduction in overall wealth creation.
  • State may not always be as effective in distributing wealth as the free market.
  • Businesses and individuals may have less incentive to invest or expand their activities.
• Disincentive to Hard Work and Innovation: May reduce individuals’ motivation to work hard or innovate, as they may feel their efforts are not adequately rewarded.
• Increased Dependency: Constant redistribution may foster dependency on government support, discouraging self-sufficiency and personal responsibility among citizens.
  • It could encourage individuals to take financial risks or make poor decisions, knowing that the state will intervene to alleviate the consequences.
• Potential to cause conflicts and Social Unrest: It can cause resentment among the wealthy, leading to social division and conflict between different economic classes.

Challenges Faced By The State In Redistribution Of Property By The State

• Weak Political Will: Political leadership may lack the determination to implement policies for the equitable distribution of resources, particularly in the face of powerful lobbying from vested interests.
• Ambiguity in Defining ‘Material Resources of the Community: The lack of clarity can hinder the consistent application of the redistribution policy across sectors, as different authorities may have different ideas about what constitutes resources to be redistributed for the common good.
• Constitutional Hurdles: Efforts to redistribute resources often face legal challenges under Article 14 (right to equality) and Article 19 (freedom of business and property). 
• Economic Constraints: In a developing economy like India, the fiscal capacity of the state to acquire and redistribute resources might be constrained.

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Way Forward

• Enhancing Judicial Clarity: The judiciary should provide clear and consistent interpretations of property rights under Article 300-A, particularly with respect to the limits of state intervention and private ownership.
• Promotion of Property Rights for Vulnerable Groups: Work towards better property rights for marginalised communities, such as women, tribals, and rural populations.
  • Example: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 aims to recognize land rights of forest-dwelling tribal communities, but slow implementation has left many without legal recognition of their ownership.
• Balancing Economic Growth and Property Rights: Ensure that laws and policies for economic development, such as land acquisition for infrastructure projects, respect property rights while balancing public welfare.

Conclusion

The Supreme Court’s landmark judgement is crucial in the discourse on property rights and state power in India. 

• By rejecting the expansive interpretation of state acquisition of private property, the Court has reaffirmed the importance of economic democracy and individual freedoms. 

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Health groups and treatment activists argue that patent monopolies in rare diseases are restricting access to affordable medication, especially for patients in low- and middle-income countries (LMICs). 

Stop Abuse of Patent Monopolies in Rare Diseases

• Roche’s Legal Action: Roche has filed for a permanent injunction to prevent Natco Pharma from producing a generic version of Risdiplam, a drug for Spinal Muscular Atrophy (SMA), citing patent infringement.
• Pricing Disparity: Roche charges approximately ₹6 lakh per bottle for Risdiplam, while production costs suggest it could be made available at an estimated ₹3,024 annually.
• Patent Duration: Roche’s patent for Risdiplam extends until 2035, which limits competitive pricing and access to more affordable generics.
• Roche’s Argument : Roche emphasises its dedication to healthcare innovation and improving patient lives, while maintaining that protecting its patents is essential to sustain future medical advancements.

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Health Group and Activist Concerns

• Public Interest at Risk: Health groups argue that Roche’s monopoly on Risdiplam limits affordable access, posing a risk to public interest and patient health.
• Impact on Local Healthcare Strategies: This monopoly may hinder the Indian Ministry of Health and Family Welfare’s efforts to utilise domestic production and pooled procurement strategies to bring down treatment costs.

Issues with Other Rare Disease

• Cystic Fibrosis (CF) Drug Access: Patent restrictions have blocked access to CFTR modulators (elexacaftor/tezacaftor/ivacaftor) for cystic fibrosis treatment in India. 
• Vertex Pharmaceuticals, the patent holder, hasn’t registered the drug with the Indian FDA, forcing patients to import it individually at an annual cost of ₹1 crore, making it unaffordable for most.
• Generic production of these modulators has begun in Argentina, but Indian patients cannot access it due to ongoing patent restrictions.

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Pros and cons of Patent Monopolies for Rare Diseases

Way Forward

• Price Controls: Implement stringent price controls on rare disease treatments to make them affordable for patients.
• Compulsory Licensing: Utilize compulsory licensing to allow generic manufacturers to produce affordable versions of patented drugs.
• Health Insurance Coverage: Ensure comprehensive health insurance coverage for rare diseases to alleviate financial burdens on patients.
• Financial Incentives: Provide financial incentives to generic manufacturers to encourage the development and production of affordable rare disease treatments.
• Regulatory Support: Streamline regulatory processes for generic drug approval to expedite access to affordable medications.
• Global Collaboration:
• International Partnerships: Foster international collaborations to share knowledge, resources, and clinical expertise in rare disease research and treatment.
• Global Access Initiatives: Support global initiatives aimed at expanding access to affordable rare disease treatments, particularly in low- and middle-income countries.

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Winter Session Date is  scheduled from November 25 to December 20, 2024, subject to parliamentary business.

Expected issues and events

• J&K Statehood: Discussion on J&K statehood following the new assembly’s formation and demand for deputy speaker post in Lok Sabha, vacant since the last term.
• Foreign Policy Topics: Likely debates on India’s stance regarding Israel-Palestine and Russia-Ukraine conflicts.
• Census and Caste Count: Expected questions on the upcoming census and potential inclusion of a caste count.
• One-Nation, One Election: Opposition may seek clarity on this proposal, recently approved by the Union Cabinet.
• Waqf (Amendment) Bill: The Joint Committee is expected to submit its report during this session.
• Constitution Day Celebration: A special event will be held on November 26 in the Central Hall of the Samvidhan Sadan to commemorate the 75th anniversary of the Constitution’s adoption.

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Sessions of Parliament in India

• The functioning of the Parliament of India is governed by a series of sessions in which Members of Parliament (MPs) meet to discuss, debate, and legislate on various issues affecting the country. 
• The constitutional provisions guiding these sessions are outlined primarily in Article 85 of the Indian Constitution. 

Also Read: Parliamentary Sessions

Summoning of Parliament

• Article 85 of the Constitution empowers the President to summon each House of Parliament.
  • This is done at the recommendation of the Cabinet Committee on Parliamentary Affairs. Once approved, MPs are officially summoned in the name of the President.
• Frequency: The Constitution mandates that there should not be a gap of more than six months between two sessions, ensuring that the Parliament meets at least twice a year.
• Convention: Although the Constitution does not provide a fixed schedule, Parliament typically meets for three sessions each year as per established conventions.

Three Parliamentary Sessions

• Budget Session (January–April/May): The first and longest session, it typically starts in the last week of January and ends by April or early May.
  • A recess is held in between to allow Parliamentary Committees to scrutinise budgetary proposals.
• Monsoon Session (July–August): This session lasts around three weeks and focuses on a range of legislative matters.
• Winter Session (November–December): This is the shortest session, generally held from November to December.

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• Special Session: A special session is an unscheduled session called outside the three regular annual sessions (Budget, Monsoon, and Winter) to address urgent matters or specific issues of national importance.
  • It is convened by the government with President’s approval and focuses on a predefined agenda, allowing for concentrated debate and swift legislative action.

Significance of session

• The sessions of Parliament ensure the regular functioning of India’s legislative process, guided by conventions and constitutional provisions to address the nation’s needs.
• Through structured meetings, the Parliament examines budgetary allocations, legislates on critical issues, and maintains checks and balances on the executive, fulfilling its constitutional mandate as the supreme legislative body in India.

Reasons for Low Productivity of Parliament 

• Frequent disruptions and protests by opposition parties.
• Lack of consensus on key issues despite the ruling party majority.
• Shorter sessions limiting time for debates and discussions.

Implications of low productivity 

• Delays in crucial legislation on taxation, infrastructure, and social welfare.
• Hinders accountability and oversight of the government.
• Diminishes public trust in democratic institutions.
• Wastes resources and negatively impacts the economy.

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Way Forward

• Foster a culture of respect and professionalism among parliamentarians.
• Promote constructive dialogue and debate on policy matters.
• Strengthen oversight through rigorous questioning and scrutiny.
• Ensure timely and transparent information access for parliamentarians.

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A three bench Chief Justice of India upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004 with exceptions regarding higher education provisions.

Key Highlights of the Judgement

• Validation with Limitations : The Act was upheld for primary and secondary madrasa education but declared unconstitutional for higher education provisions at Fazil (undergraduate) and Kamil (postgraduate) levels.
• Conflict with UGC Act: These levels intrude on Entry 66 of the Union List, which exclusively grants the Central Government control over higher education standards.
• UP Madarsa Act, 2004 : It was introduced to regulate madarsa education in UP, covering subjects like Islamic studies, Tibb, and Urdu.
  • It established the UP Board of Madarsa Education, which oversees curricula, exams, and degrees Kamil and Fazil.
• Allahabad High Court Ruling: It Quashed the UP Madarsa Act, citing violations of Articles 14, 15, and 21-A, and a lack of secular education.
  • The High court ordered the integration of madarsa students into regular UP schools.
• Response to Allahabad High Court’s Secularism Argument: The Court clarified that constitutional validity cannot be challenged solely on grounds of Basic Structure violations.
  • For a law to be invalidated, it must clearly violate constitutional provisions related to secularism.

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State’s Right to Regulate Education

• The State can regulate madrasa education to ensure competency standards for students, allowing them to participate in society effectively.
• The Act allows the Madrasa Board to set curricula, teacher qualifications, and infrastructure standards without interfering in daily administration.

Minority Rights under Article 30

• Article 30 provides minorities with the right to establish and manage educational institutions, but this right is not absolute.
• The State can impose regulations to ensure educational standards while balancing minority rights.

Interpretation of Education under Entry 25

• The term “education” in Entry 25 of the Concurrent List has a broad meaning, covering institutions that offer both secular and religious education.
• Recognised madrasas primarily aim to educate, and thus fall under Entry 25’s scope.

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Secular Standards as per different Constitutional Provisions

• Article 21A (right to education) aligns with minority rights to administer educational institutions.
• Secular Standards: The Madrasa Board can set secular education standards without affecting the institution’s minority status.
• Religious Instruction (Article 28(3)): Article 28(3) protects students in minority institutions from being forced into religious instruction or worship if the institution is state-recognised or publicly funded.

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The state Cabinet of Uttar Pradesh has cleared new rules (‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’) for the appointment of its Director General of Police (DGP). 

About the ‘Director General of Police, Uttar Pradesh Selection and Appointment Rules, 2024’

• The U.P government has proposed the fresh rules under the British era, The Police Act, 1861.
• Objective: As per the official statement, the rules were brought in to honour the Supreme Court’s landmark judgement in the Prakash Singh & Ors vs Union Of India case of 2006.The judgement calls for the state governments to enact a new Police Act which would safeguard the rights of citizens and establish the rule of law.
• Background: Uttar Pradesh does not have a regular DGP since 2022 as the State did not form a panel of senior Indian Police Service (IPS) officers eligible to be appointed State police chief.
  • The Supreme Court is to hear shortly about the contempt notices it has issued to at least eight States ie. Punjab, Uttar Pradesh, Andhra Pradesh, Rajasthan, West Bengal, Telangana, Jharkhand and Bihar for appointing ad hoc DGPs.
• Provisions: 
  • Selection and Appointment Committee: The committee for the selection and appointment of the DGP will be,
    • Chairman:It will be headed by a retired judge of the High Court
    • Other Members: The Chief Secretary of the state; a nominee of the UPSC; the chairperson or nominee of the Uttar Pradesh Public Service Commission;  the Additional Chief Secretary/Principal Secretary, Home Department; and  retired DGP.
  • Fixed Tenure: The new rules has fixed the minimum tenure of the DGP office at two years.
  • Eligibility: The eligible candidates must have six months of service remaining on the date of creation of the vacancy. 
    • Also officers who are currently serving in the Director General (DG) role at Level 16 of the pay matrix will be considered for selection
  • Removal: The state government can remove the DGP before the completion of two years in case any criminal case or case of corruption is filed against him, or if he otherwise fails to discharge his duties and responsibilities

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Appointment of State DGPs

• An Empanelment Committee headed by the UPSC Chairperson on behalf of the Union government gives a list of 3 officers to the respective State Government. The State Government has to choose one name from the list and appoint them as DGP.
  • Members: The committee also includes Union Home Secretary, the Chief Secretary and DGP of the State Government and one of the heads of the Central Armed Police Forces (CAPF) nominated by the MHA who is not from the same cadre as its members.
• The State government on their part has to form a panel of senior Indian Police Service (IPS) officers eligible to be appointed State police chief as prescribed by the Union Public Service Commission (UPSC) following a 2006 Supreme Court judgment.
• UPSC Guidelines for Appointment of State DGPs: The UPSC had first framed guidelines for the preparation of a panel for appointment to the post of State DGPs in 2009.
  • Selection: A DGP be selected by the State government from amongst the three senior-most officers of the department who have been empanelled for promotion to that rank by the UPSC.
  • Only police officers with at least six months of service left before retirement will be considered for appointment as the Director General of Police of a State
  • Officers on Central Deputation: The Committee will not assess Indian Police Service (IPS) officers on central deputation for a State DGP’s post if the Union Ministry of Home Affairs (MHA) informs the State government that “it will not be possible to relieve the officers.”
  • Experience: Eligible officers requires ten years of experience in areas such as law and order, crime branch, economic offences wing, or intelligence wing, and deputation to central bodies such as the Intelligence Bureau, Research and Analysis Wing, or Central Bureau of Investigation, among others. 
  • Shortlisting: Maximum 3 candidates only can be shortlisted but the list  may consist of less than three officers in “exceptional circumstances”.

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Asia-Pacific Climate Report shows that India is committed to reducing its dependence on fossil fuels and aims to achieve net-zero emissions by 2070.

About Net zero

• It is the balance between the amount of greenhouse gas produced and its removal from the atmosphere. 
• This balance can be established through emission reduction and removal. 
• Significance: 
  • It is important for reducing global warming.
  • Reduction of impact of climate change such as extreme weather events and  disruptions to ecosystems.
  • Supports long term environmental sustainability. 

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India’s Shift: From Fossil Fuel Subsidies to Clean Energy Investments

• Transition Goal: India’s focus has shifted from heavy fossil fuel reliance to fostering clean energy through subsidy reforms and renewable investments.
• Fossil Fuel Subsidy Reform
  • Key Strategy: India has adopted a “remove, target, and shift” approach, reducing fossil fuel subsidies to support clean energy development.
  • Impact: From 2014 to 2018, India reduced fossil fuel subsidies significantly, enabling funds to be redirected towards renewable energy projects like solar power and electric vehicles.

Key Findings of the Asia–Pacific Climate Report

• Effective Subsidy Reform: India’s “remove, target, and shift” approach has led to an 85% reduction in fossil fuel subsidies.
• Tax-Funded Renewable Energy: Taxes on coal production have played a crucial role in financing clean energy projects and infrastructure.
• Challenges with GST Integration: The redirection of coal Central Excise and Service Tax funds under GST highlights challenges in maintaining funding consistency for clean energy.
• Renewable Energy Growth: The report showcases India’s increased investments in solar energy, electric vehicles, and a resilient energy grid.

Key Recommendations for Climate Adaptation in Asia-Pacific

• Coordinated and Urgent Climate Adaptation
  • Implement immediate and unified adaptation efforts across multiple sectors to counter climate impacts in the Asia-Pacific region.
• Improved Climate Risk Assessment and Awareness
  • Enhance the processes for assessing and communicating climate risks to support informed decisions in both government and private sectors.
• Climate Adaptation in National Development Plans
  • Embed climate adaptation strategies within national development plans to promote resilient growth, prioritising key sectors like water resources, agriculture, and social protection.
• Expanded Climate Adaptation Financing
  • Increase climate adaptation funding by using blended finance models, which combine public and private resources, to close funding gaps and support sustainable resilience.
• Strengthened Institutional and Market Support
  • Build institutional capacity, reform markets, and encourage public-private partnerships to drive effective and lasting climate adaptation investments.

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About Asia-Pacific Climate Report

• The Asian Development Bank (ADB) created the Asia-Pacific Climate Report to examine climate change issues specific to the Asia-Pacific region.
• Objective: To provide clear insights and policy recommendations to help address and manage climate challenges.
• Main Focus Areas
  • Climate Vulnerability: Analyses the region’s susceptibility to climate impacts and identifies high-risk areas.
  • Impact and Cost Projections: Estimates the potential economic and social costs associated with climate change.
  • Priority Actions for Adaptation and Mitigation: Proposes urgent actions for reducing climate risks and building resilience in the region.

Key Initiatives for Clean Energy Transition

• Fossil Fuel Subsidy Reform
  • Strategic Phasing Out: India gradually reduced petrol and diesel subsidies from 2010 to 2014.
  • Tax Adjustments: Incremental tax hikes on fossil fuels from 2014–2017 helped create funding for renewable energy projects.
  • Significant Cuts: Between 2014 and 2018, fossil fuel subsidies were slashed, freeing up resources for clean energy investments.
• Role of Taxation in Supporting Clean Energy
• • Coal Central Excise and Service Tax (2010–2017): A tax on coal production and imports helped fund renewable energy initiatives.
  • Fund Allocation: About 30% of coal Central Excise and Service Tax collections supported clean energy projects through a dedicated fund.
  • GST Changes: After 2017, the Central Excise and Service Tax was absorbed into GST, which redirected these funds for state compensation rather than clean energy.
• Major Clean Energy Programs
  • National Green Hydrogen Mission: Focuses on promoting hydrogen as a clean energy source.
  • PM-KUSUM Scheme: Encourages renewable energy use in agriculture, benefitting farmers and reducing fossil fuel dependency.
  • PM Surya Ghar: Muft Bijli Yojana: Expands access to renewable energy and enhances rural energy availability.

Conclusion

• India’s Progress: India’s reforms are driving a shift toward sustainable energy, setting an example for other nations.
• Economic and Social Impact: Reductions in fossil fuel subsidies and new taxation measures have not only supported clean energy but also contributed to economic growth and job creation.
• Commitment to Climate Goals: India’s efforts reflect a long-term commitment to combating climate change while fostering an inclusive energy landscape.

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The Kerala High Court ruled that the offence of voyeurism under Section 354C of the Indian Penal Code (IPC) is not applicable when a woman is in a place where she cannot expect privacy from being seen or photographed.

Court Ruling on Charges of Voyeurism and Insulting Modesty

• This ruling was made in response to a petition from two accused who sought to quash charges related to taking a photograph of a woman in front of her house.
• Case Background
  • Incident Details: The incident occurred in 2022 when the accused allegedly photographed the complainant in front of her house and made gestures with sexual implications when confronted.
  • Initial Charges: The police registered a case under IPC Sections 354C (voyeurism) and 509 (act intended to insult the modesty of a woman).

Key Points from the High Court Ruling

• Voyeurism Not Applicable in Public Places: The court clarified that the offense of voyeurism, under Section 354C of the IPC, is only applicable when a woman is observed or photographed in a private act, where she would reasonably expect privacy.
• Public Place Exception: Since the incident occurred in front of the woman’s house, a public place, the voyeurism charge was quashed.
• Potential Sexual Harassment Charges: The court suggested that the accused’s actions might constitute sexual harassment under Section 354A(1)(i) and (iv) of the IPC, which includes acts intended to insult the modesty of a woman.
• Continuation of Other Charges: The court allowed the prosecution to proceed with charges under Section 509 IPC, which pertains to words, gestures, or acts intended to insult the modesty of a woman.

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Social Implications of the Kerala High Court’s Decision 

• Redefinition of Privacy Boundaries in Public Spaces
  • Shift in Privacy Expectations: This decision establishes a legal understanding that privacy in public spaces is limited, which may change public perceptions of when and where people can expect privacy.
  • Legal Clarity for Public Interactions: By clarifying the boundaries of voyeurism, the ruling provides guidance on what constitutes an invasion of privacy in public spaces, which could lead to more precise application of voyeurism laws.
• Impact on Women’s Safety and Comfort in Public Spaces
  • Increased Concerns for Personal Safety: Many women may feel less protected in public areas, fearing that unwanted photography could increase without legal consequences, potentially leading to discomfort in spaces like streets, beaches, and parks.
  • Debate on Gender-Specific Protections: The decision may spark discussions on whether additional protections are necessary to safeguard women from harassment and unsolicited attention in public spaces.
• Social Norms Around Public Photography and Respect
  • Influence on Public Behavior: With this legal precedent, individuals may feel more emboldened to take photos in public without seeking consent, which could lead to discomfort or feelings of disrespect among those who are photographed.

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The Supreme Court has issued directions to state and UT governments to standardise and improve the transparency of policies governing permanent remission for the convicts in the country.

About the Directives

• The Case: The Directives were passed by the bench while hearing a suo motu case of 2021 titled as “Policy Strategy for Grant of Bail”
  • Update: Additional issues like whether States must provide reasons for all remission rejections and consider eligibility independently of convict applications will be further deliberated on December 3. 

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• Directives:
• • Timely Communication of Decisions: States need to take comprehensive steps to ensure adequate information to the convicts who qualify for remission and for  their cases to be fairly considered.
  • Accessibility to Policy Information: The current remission policies, including any future modifications, must be made available in prisons across the country and uploaded in English on the relevant government websites.
  • Informed about the Appeal Rejection:The convicts should be informed of any rejection of applications for permanent remission within one week of passing the order.
    • The copies of these rejections needs to be forwarded by the state government to the district legal services authorities concerned ensuring  appropriate legal aid to the convicts.
  • Pending Appeals: The SC made it clear that pending conviction appeals alone did not justify delays and was critical of the practice of withholding remission consideration due to pending appeals
    • However it held that applications may be held pending if there were ongoing appeals filed by the state for sentence enhancement or acquittal
  • Individualised Consideration of Cases: The Bench was against applying “stereotype conditions” for remission grants and maintained that any conditions should be tailored based on the specific details of each case.

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About The Remission Policy

• Remission of a Sentence means to reduce the length of a sentence without changing its nature.
  • Example: A five-year sentence of rigorous imprisonment could be remitted to one year.  
• Principle: Prisons are meant for rehabilitative justice rather than carry out retributive punishment.
• Objective: Remission Pleas are taken into consideration when certain aspects of the case emerge which did not arise during proceedings in a court of law and the executive can show the convict mercy by way of remission, suspension or commutation as per law.
• Constitutional Provisions for Remission:
  • Article 72 (President) and Article 161 (Governor) of the Constitution provide sovereign powers to grant pardon, commutation, remission, respite or reprieve to a convict. The Executive head however can exercise these powers only on the advice of the council of ministers.
• Statutory Provision: 
  • Section 432 of the Criminal Procedure Code 1973: The Appropriate  State governments may remit the whole or part of the punishment to which a convict has been sentenced under Section 432 of the Criminal Procedure Code, 1973 (CrPC) 
  • In Life Imprisonment Cases: Remission can only be considered after a period of 14 years in jail has been completed as per Section 433A of the CrPC.
    • Sangeet versus State of Haryana (2012): SC held that even after a convict served their life imprisonment and completed 14 years in jail, it does not guarantee a right for premature release and that remission should be considered only on a case-by-case basis.

• • State Subject: Prisons is a State Subject, therefore prison rules of each State identify certain reformative and rehabilitative activities that the prisoners can undertake in order to earn remission in the form of days.
• Supreme Court Guidelines on Remission: In Laxman Naskar versus Union of India (2000), the SC had laid down five grounds on which remission is to be considered. 
  • To determine whether the offence is an individual act of crime that does not affect society. 
  • Chance of recurrence of crime
  • Whether the convict has lost their potentiality in committing crime
  • Whether there is any fruitful purpose of confining the convict any more
  • Socio-economic condition of the convict’s family

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International Solar Alliance (ISA)

Context: The Seventh session of the International Solar Alliance (ISA) Assembly elected its President and Co-president for a period of two years from 2024 to 2026.

Seventh session of the International Solar Alliance (ISA) Assembly

• India and France retain the Presidency and Co-Presidency of the ISA Assembly.

Overview of the International Solar Alliance (ISA)

• About: It is a treaty-based international organisation with 120 Member and Signatory countries. which lie either completely or partly between the Tropic of Cancer and the Tropic of Capricorn. 
  • Paraguay became the 100th country to join the International Solar Alliance (ISA).
• Mission: ISA’s mission is to unlock US$1 trillion of investments in solar by 2030 while reducing the cost of the technology and its financing. 
• Headquarters: ISA became the first international intergovernmental organisation to be headquartered in India.
• Governance Structure:
  • ISA Assembly: The Assembly is ISA’s yearly apex decision-making body, representing each Member Country. 
    • The Assembly is responsible for implementing ISA’s Framework Agreement.
  • Committees: ISA has five committees: 
    • The Standing Committee and four Regional Committees that have been established for each of the four ISA Regions i.e, 
    • Africa; Asia and the Pacific; Europe and Others; and Latin America and the Caribbean.
  • Secretariat:  The Secretariat ensures that appropriate steps are taken to follow up the Assembly decisions and to coordinate the actions of ISA Member Countries in implementing such decisions.
    • The ISA Secretariat is headed by the Director General and located in Delhi, India. 

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Key Initiatives of the International Solar Alliance (ISA)

• Solar Data Portal: provides real-time solar data, empowering stakeholders with transparent insights for informed decision-making in solar projects.
• Ease of Doing Solar: Provides analytics and advisory services to make nation’s legislative and policy frameworks more supportive of solar energy. 
• Global Solar Facility: aims to unlock commercial capital for solar projects in underserved regions, especially Africa. 
• SolarX Startup Challenge: has successfully identified and supported innovative, scalable solutions for the solar sector.
• STAR-Centre Initiative: Solar Technology Application Resource-Centre (STAR-C) are equipped with specialised training facilities, tools, and structured learning modules designed to cultivate a highly skilled solar workforce. 
  • To date, ISA has successfully established and operationalised STAR Centers in seven countries: Ethiopia, Somalia, Cuba, Côte d’Ivoire, Kiribati, Ghana, and Bangladesh.

Krishna Iyer Doctrine

Context: The recent Supreme Court judgement, which referred to the Krishna Iyer Doctrine, sparked a debate about the role of the judiciary in balancing individual rights and societal interests.

About Krishna Iyer Doctrine

• The Krishna Iyer Doctrine, named after the former Supreme Court Justice V.R. Krishna Iyer, is a judicial philosophy emphasizing human rights, social justice, and the role of the judiciary in addressing societal issues.
• It is characterised by a strong commitment to the protection of marginalised groups and the promotion of equality.

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Key Aspects of the Krishna Iyer Doctrine

• Human Rights and Social Justice: The doctrine prioritizes human rights and social justice, advocating for the protection of the rights of the marginalized and disadvantaged.
• Judicial Activism: It encourages judicial activism, where the judiciary plays an active role in shaping social and economic policies to address societal problems.
• Public Interest Litigation: The doctrine supports public interest litigation, allowing individuals and organizations to bring cases to court on behalf of the public interest.
• Bail as the Rule, Jail as the Exception: This principle emphasizes the importance of granting bail to accused persons, especially in non-serious cases.
• Focus on the Underprivileged: The doctrine calls for special attention to the needs of the underprivileged and marginalized sections of society.

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