News In Shorts

Recently, Grievance Redressal Assessment and Index (GRAI) 2023 has been released by DARPG.

About GRAI

• Conceptualized: by Department of Administrative Reforms and Public Grievances (DARPG) based on recommendation of Parliamentary Standing Committee of Ministry of Personnel, Public Grievances and Pensions.
  • Index is based on Four Dimensions (Efficiency, Feedback, Domain and Organizational Commitment) And 11 Indicators Assessing Grievance Redressal Mechanism Adopted By Central Ministries And Departments.
• Objective: Highlight strengths and areas of improvement regarding grievance redressal mechanisms of various organizations. 
• Ranking: Department of Agriculture and Farmers Welfare Topped The Ranking Followed By Department Of Posting Group A.

Recently, Union Home Minister launched Civil Registration System (CRS) mobile application. 

• Application, developed by the Registrar General and Census Commissioner of India, is expected to reduce the time required for these registrations seamlessly. 

About CRS

• It is a unified system for continuous, mandatory, and permanent documentation of vital events, including births, deaths, and stillbirths, along with their associated details.
• The Registration of Births and Deaths Act, 1969 mandates that all births and deaths must be officially registered
• It operates under the authority of the Registrar General and Census Commissioner of India
• It is included in the concurrent list under Schedule Seven.

Supreme Court ruled that prior sanction is mandatory to prosecute public servants in money laundering cases.

• Thus, establishing a key procedural safeguard under the stringent Prevention of Money Laundering Act (PMLA) and adding a layer of accountability to PMLA prosecutions.

Key highlights of the Directorate of Enforcement vs. Bibhu Prasad Acharya Case

• Supremacy of CrPC: The court asserted that the PMLA doesn't supersede the requirement for prior sanction under Section 197 of CrPC.
  • The provision corresponds to Section 218 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which has replaced the CrPC with effect from July 1, 2024
• Section 197 of CrPC: To protect the public servants from prosecutions & from being prosecuted for anything they do in the discharge of their duties.
• Exception: Protection is not unqualified & public servants can be prosecuted with a previous sanction from the appropriate government.

Provision towards protection of Civil Servants

• Articles 311 (1) and 311 (2): They provide Constitutional protection to Civil Servants.
• Public Servants (Inquiries) Act, 1850: Ensures inquiries are conducted fairly and transparently, upholding principles of natural justice within public administration.

Recently, President of India released report on ‘Prisons in India: Mapping Prison Manuals and Measures for Reformation and Decongestion’. 

• Report, prepared by Centre for Research & Planning, the research wing of Supreme Court of India, seeks to highlight the complexities of India's prison system, with a focus on the potential for technology-driven solutions.

Key insights from the report

• Stereotyping: Prison manuals often refer to essential sanitation and conservancy work as "menial" or "degrading," perpetuating a hierarchical view of labour.
• Bail Rejection: Rejection rate for bail applications is high (32.3% in Sessions Courts and 16.2% in Magisterial Courts).
• Slow Trial: Over 52% of cases where accused were in custody for more than a year were still pending at evidence stage in 2023.
• Others: Persistence of Manual Scavenging in prisons; Division of prison work based on caste system (held unconstitutional in Sukanya Shantha Case); Underutilization of open prisons etc.

Use of Technology for Prison Reforms

• E-prisons: Developed by National Informatics Centre to integrate all activities related to prison and prisoner management.
• Model Prison and Correctional Services Act, 2023: Introduced the use of electronic monitoring technology as a condition for granting prison leaves for prisoners.
• FASTER (Fast and Secured Transmission of Electronic Records) system of Supreme Court resolved delay in communication of bail orders from courts to prison.
• Interoperable Criminal Justice System (ICJS): It can create an automatic channel between courts, police and prisons and reduce unjustified delay in custody cases.

Recently, Justice Sanjiv Khanna took oath as 51st Chief Justice of India (CJI).

• The oath of office was administered by the President of India during a ceremony at the Rashtrapati Bhavan.

About appointment of CJI 

• The senior-most Supreme Court judge, considered fit for the role, is usually appointed as CJI on the recommendation of the outgoing CJI. 
  • This convention was breached in 1964, 1973, and 1977. 
• The Union Minister of Law, Justice and Company Affairs seeks this recommendation, which is then sent to the Prime Minister, who advises the President on the appointment. 
  • Under Article 124 (2), every Judge of the SC be appointed by the President and shall hold office until he/she attains the age of 65 year. 

Key Role of CJI 

• First amongst the equals: SC in the State of Rajasthan vs Prakash Chand (1997) ruled that the CJI is the head of the judiciary and holds a leadership position, they do not hold any superior judicial authority over the other SC judges. 
• Master of the Roster:  It is the exclusive power of the CJI to constitute Benches (including Constitution benches), to hear cases.
• Head of Collegium: CJI heads the Collegium for judicial appointments and transfers in the higher judiciary. 
• Appointment of officers and servants of SC: It shall be made by the CJI or such other Judge or officer of the Court as he may direct (Article 146).

The Inter-State Council has been reconstituted.

About ISC

• It is a forum through which Centre and the state co-ordinate and co-operate with each other.
• Genesis: Established under Article 263 of Constitution through a Presidential Order in 1990 on recommendation of Sarkaria Commission.
• Composition: It consists of:-
  • Chairman: Prime Minister 
  • Members:
    • CM of all States.
    • CM of Union Territories having a Legislative Assembly and Administrators of UTs not having a Legislative Assembly.
    • 6 Ministers of Cabinet rank in Union Council of Ministers to be nominated by Prime Minister.

Recently, Supreme Court (SC) overturned its decision which denied Aligarh Muslim University’s (AMU) status as a minority institution.

• The Supreme Court (by 4:3 majority), overruled its S. Azeez Basha vs. UoI (1967) judgment which held that AMU cannot claim minority status under Article 30 (1) as it was established by a statute. 
• SC in S. Azeez Basha vs. UOI had held that AMU was neither established nor administered by Muslim minority, and it is a central university established through AMU Act, 1920.
• Later on, Parliament through AMU (Amendment) Act, 1981 restored AMU’s minority status.
  • However, Allahabad High Court struck down the minority status of AMU in 2006 which has been subsequently challenged in SC in 2019. 
• SC has now referred ‘issue of AMU's minority status under Article 30’ to a regular bench based on principles established in this judgment.

Key Highlights of the Judgment 

• No need for minority control over administration to prove that it is a minority educational institution.
• Courts should trace Genesis and identify Brain behind the Institution to determine who established the institution
• Minority Status is not surrendered because an institution was created by a statute or upon incorporation of the University.
• Communities that weren't a minority before the Constitution are also entitled to Article 30 (1) protection for institutions established before independence.