Demystifying Kesavananda Bharati case, webpage delves deep into history

Chief Justice of India (CJI) D.Y. Chandrachud on Monday announced that the Supreme Court has created a special webpage for the Kesavananda Bharati case in which a 13-judge Bench, the largest constituted in the court’s history, through a wafer-thin majority of 7:6, held that Parliament cannot amend the “Basic Structure” of the Constitution

The CJI had recently compared the “Basic Structure” of the Constitution to the “North Star”, an unfailing guide which shows the way when the path appears convoluted.

The webpage dedicated to the 1973 case has been created in the face of recent criticism from high constitutional authorities that the Basic Structure doctrine diluted parliamentary sovereignty.

• Kesavananda Bharati Case (1973):
  • In this case, the Supreme Court overruled its judgment in the Golak Nath case. It upheld the validity of the 24th Amendment Act stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
  • At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.
  • It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.
  • This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.
• In Kesavananda Bharati case, a relief was sought against the Kerala government vis-à-vis two state land reform laws, which imposed restrictions on the management of religious property.
  • The case was challenged under Article 26, concerning the right to manage religiously owned property without government interference.
  • Question underlying the case: Was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?
• The Constitutional Bench in Kesavananda Bharati case ruled by a 7-6 verdict that Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.

Basic Structure

• The court did not define the term ‘basic structure’, and only listed a few principles — federalism, secularism, democracy — as being its part.
• The ‘basic structure’ doctrine has since been interpreted to include
  • Supremacy of the constitution
  • Rule of law
  • Sovereignty, liberty and republic nature of Indian polity.
  • Judicial review
  • Harmony and Balance between fundamental rights and directive principles.
  • Separation of power.
  • Federal character.
  • Parliamentary system.
  • Rule of equality.
  • Unity and integrity of the nation.
  • Free and fair elections. o Powers of SC under Article 32,136,142,147
  • Power of HC under Article 226 and 227.
  • Limited power of parliament to amend the constitution.
  • Welfare state.
  • Freedom and dignity of an individual.
• An example of application of basic structure is the SR Bommai case (1994).
  • In this case the Supreme Court upheld the dismissal of BJP governments by the President following the demolition of the Babri Masjid, invoking a threat to secularism by these governments.
• Arguments related to Basic structure
  • Critics of the doctrine have called it undemocratic, since unelected judges can strike down a constitutional amendment. At the same time, its proponents have hailed the concept as a safety valve against majoritarianism and authoritarianism.
• Origin: The basic structure theory was first introduced by Justice Mudholkar in the Sajjan Singh case (1965) by referring to a 1963 decision of the Supreme Court of Pakistan.
  • Chief Justice Cornelius of Pakistan had held that the President of Pakistan could not alter the “fundamental features” of their Constitution.

Criticisms of Basic Structure:

• The common criticism is that the doctrine has no basis in the Constitution’s language. The doctrine does not have a textual basis. There is no provision stipulating that this Constitution has a basic structure and that this structure is beyond the competence of amending power
• Its detractors also believe the doctrine accords the judiciary a power to impose its philosophy over a democratically formed government
• There is no definite elucidation on what exactly constitutes basic structure, thereby, making the doctrine ambiguous
• In recent times, the doctrine has been invoked in cases that has been regarded as examples of judicial overreach. Ex: NJAC bill was declared null and void by the SC by relying on this doctrine

South African cheetah translocated to KNP dies

• One of the cheetahs translocated to Madhya Pradesh’s Kuno National Park (KNP) from South Africa died.
• Notably, this is the second such incident at KNP in almost a month. Earlier, Namibian cheetah Sasha died due to a kidney ailment on March 27.

Why?

• Translocated cheetahs have been known to die in India due to various reasons, including lack of genetic diversity, inadequate adaptation to the new environment
• When cheetahs are translocated from one region to another, they may face challenges adapting to the new environment.
• Additionally, if the translocated cheetahs do not have enough genetic diversity, they may be more susceptible to diseases or other health problems.
• There are many factors to consider, such as the health and genetic diversity of the animals, the availability of suitable habitat and prey, and the potential for conflict with humans and other animals.

Cheetah

• The cheetah (Acinonyx jubatus) is a large cat native to Africa and central Iran.
• Habitat: The cheetah occurs in a variety of habitats such as savannahs in the Serengeti, arid mountain ranges in the Sahara and hilly desert terrain in Iran.
• Protection status: It is listed as Vulnerable on the IUCN Red List.
• Re-introduction: Cheetah was declared extinct from India in 1952 and is considered the only large mammal that has gone extinct since the country''s independence. India is the only country in Asia to have all the major big cats in the wild(lions, tigers and leopards included).

The Congress leader took part in Basava Jayanti celebrations in Karnataka

Basavana

• Basaveshwara was born in Bagevadi (of undivided Bijapur district in Karnataka) in 1131 AD.
  • A 12century poet and philosopher, who is celebrated and held in high regard, especially by the Lingayat community, as he was the founder of Lingayatism.
    • The term Lingayat denotes a person who wears a personal linga, an iconic form of God Shiva, on the body which is received during the initiation ceremony.
  • In Kalyana, the Kalachurya king Bijjala (1157-1167, AD) appointed Basaveshwara as a karanika (Accountant) in the initial stage, in his court and later as the Prime minister.
• Main Teachings: His spiritual discipline was based on the principles of Arivu (true knowledge), Achara (right conduct), and Anubhava (divine experience) and it brought a social, religious and economic revolution in the 12th century.
  • This path advocates a holistic approach to Lingangayoga (union with the divine).
  • This comprehensive discipline encompasses bhakti (devotion), jnana (knowledge), and kriya (action) in a well-balanced manner.
• Social Reforms: Basaveshwara is known to have brought about several social reforms.
  • He believed in a society free of the caste system, with equal opportunity for all and preached about manual hard work.
  • He also founded the Anubhava Mantapa, loosely translated as the forum of experiences, an academy which included Lingayat mystics, saints, and philosophers.
• Other Socio-Economic Principles: Basaveshwara gave two more very important socio-economic principles.
  • Kayaka (Divine work):
    • According to this, every individual in society should take up the job of his choice and perform it with all sincerity.
  • Dasoha (Equal distribution):
    • There must be an equal income for equal work.
    • The worker (Kayakajeevi) may lead his day-to-day life by his hard-earned income. But he should not preserve the money or property for tomorrow. He must utilize the surplus money for society and the poor.

Anubhava Mantapa

• Basaveshwara established the Anubhava Mantapa, which was a common forum for all to discuss the prevailing problems of socio, economic and political strata including religious and spiritual principles along with personal problems.
• Thus, it was the first and foremost Parliament of India, where Sharanas (citizens of welfare society) sat together and discussed the socialistic principles of a Democratic set up.
• All those discussions of Sharanas were written in the form of Vachanas.
  • Vachanas were an innovative literary form written in simple Kannada language.
  • His practical approach and act of establishment of ‘Kalyana Rajya’ (Welfare state) brought a new status and position for all the citizens of the society, irrespective of class, caste, creed and sex.
• Recently, the Chief Minister of Karnataka has laid the foundation stone for the ‘New Anubhava Mantapa’ in Basavakalyan.

Centre will clamp down on Ponzi apps, says FM

Stating that the Centre will clamp down on Ponzi apps to protect investors’ hard-earned money, Union Finance Minister said that discussions were on with the Information Technology Ministry and the Reserve Bank of India on the issue.

Ponzi

• It is a fraudulent investing scam promising high rates of return with little risk to investors.
• The term "Ponzi Scheme" was coined in 1919 after the name of an Italian con-man named Charles Ponzi.
  • He arrived in the US in 1882 and made money through fraudulent schemes.
• It works like a pyramid scheme and generates returns for older investors by acquiring new investors, who are promised a large profit at little to no risk.
• It relies on a constant flow of new investments to continue to provide returns to older investors and when the flow of fresh investments runs out, the scheme falls apart.
• These are generally multi-level marketing schemes, however, Multi-level marketing itself is not illegal in India because there is a product being sold. But direct marketing companies cannot promote pyramid or money circulation schemes.

Safeguards in India:

• Ponzi schemes are banned under the Prize Chit and Money Circulation (Banning) Act, 1978.
  • It is a Central Act but the respective State governments are the enforcement agency of this law
• These are also dealt with by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002.
• The Banning of unregulated Deposit Schemes Act 2019 has been enacted to prevent fraudulent schemes.
  • It provides for severe punishment ranging from 1 year to 10 years and fines ranging from 2 lakh to 50 crore rupees to act as a deterrent.
  • It has adequate provisions for disgorgement or repayment of deposits in cases where deposits have been raised illegally.
  • It mentions that the first claim on the recovered money will be that of depositors.

Murals in the making: ethnic themes ‘sweep’ across walls of 2,500 polling booths

• For art teachers in Karnataka government schools, a new high-visibility canvas has emerged : the walls of classrooms-turned-polling booths. Thousands of voters in the upcoming election will queue past the impromptu art galleries, as part of an initiative to showcase local traditions and culture during the polls.
• The Systematic Voters’ Education and Electoral Participation (SVEEP) Committee has taken up measures to establish close to 2,500 theme-based polling stations across the State. Around 40 “ethnic polling stations” will be established in six districts, that will highlight the life of tribal communities in their regions.
• SVEEP:
  • Started in 2009, as the flagship program of the ECI for voter education.
  • Primary goal is to build an inclusive & participative democracy by encouraging all eligible citizens to vote and make an informed decision & ethical choice.

How can a juvenile be tried as an adult in Court?

• The National Commission for Protection of Children (NCPCR) has recently issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB). This preliminary assessment is to ascertain whether a juvenile can be tried as an adult.
• Replacing the Juvenile Justice Act, 2000, the 2015 Act, for the first time, provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.

How does a child get tried as adult

• The Act has categorised the offences committed by children into three categories — petty offences, serious offences, and heinous offences.
• Section 15 of the JJ Act provides that in case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment regarding his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence.
• Section 18 (3) of the Act further suggests that, if the Board, after preliminary assessment under section 15 passes an order that there is a need for trial of the said child as an adult, then the Board may order the transfer of the case to the Children’s Court having jurisdiction to try such offences. Thus, the sole objective of having such a preliminary assessment is to determine whether a child within the age group of 16-18 years should be tried as an adult in case of heinous offences.
• The child should also be provided with a legal aid counsel through the District Legal Services Authority who shall be present during the preliminary assessment.
• During the preliminary assessment, the Board and experts shall also analyse and take into consideration the Social Investigation Report (SIR), to be prepared by the Probation officer or Child Welfare Officer or any social worker, or a Social Background Report (SBR) to be prepared after interaction with the child or child’s family.

World Malaria Day

World Malaria Day is observed on 25th April every year to spread awareness of the global effort to control and ultimately eradicate malaria.

• World Malaria Day was first held in 2008. It was developed from Africa Malaria Day, which was an event that had been observed since 2001 by African governments.

Malaria

• Malaria is a life-threatening mosquito borne blood disease caused by plasmodium parasites. It is predominantly found in the tropical and subtropical areas of Africa, South America as well as Asia.
• The parasites spread through the bites of infected female Anopheles mosquitoes.
  • After entering the human body, parasites initially multiply within the liver cells and then attack the Red Blood Cells (RBCs) resulting in their rupture.
• There are 5 parasite species that cause malaria in humans, and 2 of these species – Plasmodium falciparum and Plasmodium vivax – pose the greatest threat.
• Symptoms of malaria include fever and flu-like illness, including shaking chills, headache, muscle aches, and tiredness.
• It is preventable as well as curable.
• Malaria Vaccine:
  • Known by its lab initials as RTS, S but branded as Mosquirix, the vaccine has passed lengthy scientific trials that found it to be safe and reducing the risk of malaria by nearly 40%, the best recorded.
  • It was developed by GlaxoSmithKline (GSK) company and approved by the European Medicines Agency in 2015.
  • The RTS, S vaccine trains the immune system to attack the malaria parasite (Plasmodium (P.) falciparum, the deadliest species of the malaria parasite).
• India's Scenario:
  • Malaria Burden: The World Malaria Report (WMR) 2020 released by World Health Organization (WHO), which gives the estimated cases for malaria across the world, indicates that India has made considerable progress in reducing its malaria burden.
    • India is the only high endemic country which has reported a decline of 17.6% in 2019 as compared to 2018.

Initiatives

• The WHO has also identified 25 countries with the potential to eradicate malaria by 2025 under its ‘E-2025 Initiative’.
• In India, malaria elimination efforts were initiated in 2015 and were intensified after the launch of the National Framework for Malaria Elimination (NFME) in 2016 by the Ministry of Health and Family Welfare.
  • NFME is in line with WHO’s Global Technical Strategy for Malaria, 2016-2030, which guides the WHO Global Malaria Programme (GMP), responsible for coordinating WHO's global efforts to control and eliminate malaria.
• The National Strategic Plan for Malaria Elimination (2017-22) was launched in July 2017 which laid down strategies for the following five years.
  • It gives year-wise elimination targets in various parts of the country depending upon the endemicity of malaria.
• Implementation of the High Burden to High Impact (HBHI) initiative was started in four states (West Bengal, Jharkhand, Chhattisgarh and Madhya Pradesh) in July 2019.
• Distribution of Long Lasting Insecticidal Nets (LLINs) to high burden areas has led to a reduction in endemicity in these otherwise very high endemic states.
• The Indian Council of Medical Research (ICMR) has established Malaria Elimination Research Alliance-India (MERA-India) which is a conglomeration of partners working on malaria control.