SC calls for a panel to inquire Freebies Issue

The Supreme Court has said that Parliament may not be able to effectively debate the issue of doing away with “irrational freebies” offered to voters during elections, saying the “reality” is that not a single political party wants to take away freebies.

The freebies were paving the way for an “economic disaster” besides “distorting the informed decision of voters”, CJI said.

What did the CJI say?

Ans. Compose a non-partisan panel

The court suggested setting up a specialized body composed of persons who can “dispassionately” examine the problem.

The court directed the parties to make “suggestions for the composition of a body”.

It proposed that this body could examine ways to resolve the issue of freebies and file a report before the Centre or the Election Commission of India (ECI).

The court said once the parties come up with suggestions on the composition of such a body in a week, it would pass orders.

What is Freebie?

The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).

The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.

From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.

This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

Examples of freebies

Promise of Rs 15 lakh in our bank accounts

Free TV, Laptops

Free electricity

Loan waivers

Offering free public transport ride to all women in Delhi

Why are such policies popular among the public?

Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.

Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.

Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.

Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.

Increased consumerism: The poor today also spend on things that appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.

Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

Can Freebies be compared with Welfare Politics?

These freebies are not bad. It is a part of social welfare.

Using freebies to lure voters is not good.

Voter’s greediness may lead to a problem in choosing a good leader.

When we don’t have a good leader then democracy will be a mockery.

Impact of such policies

Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.

Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.

Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.

Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.

Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.

Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.

Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

What cannot be accounted to a freebie?

MGNREGA scheme (rural employment guarantee scheme)

Right to Education (RTE)

Food Security through fair price shops ( under National Food Security Act)

Prime Minister Kisan Samman Yojana (PM-KISAN)

A rational analysis of freebies

Winning election and good governance are two different things. The role of freebies to avail good governance is definitely questionable.

The social, political and economic consequences of freebies are very short-lived in nature.

There are many freebies and subsidies schemes available in many States but we still find starvation deaths, lack of electricity, poor education and health service.

Hence the sorrow of the masses of India cannot be solved by freebies or by incentives.

So are not freebies meant only to attract voters and swing voters by concentrating on a preferential group or community?

Way forward

It can be agreed that democracy requires popular support for its rule to continue. The sops and freebies to the poor buy it the requisite votes.

But the democratic process of election and election promises should be clear. It should not control voters thought.

What some people term as ‘populism’ actually constitutes what real economics should be.

If you deprive people of what they really need, you will have to throw allurements at them.

This can only be stopped if political masters try to follow what economist EA Schumacher had conveyed through his seminal work Small is beautiful – “Treat economics as if people matter.”

CJI’s recommendation on ‘Successor’ sought

Chief Justice of India N.V. Ramana has received a communication from the Union Law Minister seeking his recommendation on the appointment of the next top judge.

Chief Justice Ramana is retiring this month.

It is now left to CJI to give the Law Minister his recommendation on his successor.

How is CJI selected?

Justice U.U. Lalit is the senior-most judge in the Supreme Court now.

He is in line to be appointed the 49th CJI as per the seniority norm.

The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the CJI should be of the seniormost Judge of the SC considered fit to hold the office”.

The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.

What is the time frame?

The Minister has to seek the CJI’s recommendation at the “appropriate time”.

The Memorandum does NOT elaborate or specify a timeline.

Making final appointment

The Memorandum says:

Receipt of the recommendation of the CJI

The Union Minister of Law, Justice and Company Affairs will put up the recommendation to the PM

PM will advise the President in the matter of appointment

President of India appoints the CJI

Chief Justice of India: A brief background

The CJI is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian federal judiciary.

Appointment

The Constitution of India grants power to the President to nominate, and with the advice and consent of the Parliament, appoint a chief justice, who serves until they reach the age of 65 or until removed by impeachment.

Earlier, it was a convention to appoint seniormost judges.

However, this has been broken twice. In 1973, Justice A. N. Ray was appointed superseding 3 senior judges.

Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna.

Qualifications

The Indian Constitution says in Article 124 (3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:

He/She is a citizen of India and

has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or

has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or

is, in the opinion of the President, a distinguished jurist

Functions

As head of the Supreme Court, the CJI is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.

In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges.

On the administrative side, the CJI carries out the following functions:

maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court

Removal

Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court which is applicable to chief justices as well.

Once appointed, the chief justice remains in the office until the age of 65 years. He can be removed only through a process of removal by Parliament as follows:

He/She can be removed by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present.

The voting has been presented to the President in the same session for such removal on the ground of proven misbehavior or incapacity.

India to host UNSC meet on Counter-terrorism

In a first, India will host diplomats and officials from all 15 countries of the United Nations Security Council (UNSC), including China, Russia and the US, for a special meeting on terrorism, in Delhi and Mumbai in October.

Key determinants of the meet

The special meeting will specifically focus on three significant areas:

Internet and social media

Terrorism financing

Unmanned aerial systems

What is Counter-Terrorism Committee (CTC)?

The CTC is a subsidiary body of the United Nations Security Council (UNSC).

The 15-member CTC was established at the same time to monitor the implementation of the resolution.

In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373.

This among its provisions obliges all States

To criminalize assistance for terrorist activities,

Deny financial support and safe haven to terrorists and

Share information about groups planning terrorist attacks

Its executive body

Seeking to revitalize the Committee’s work, in 2004 the Security Council adopted Resolution 1535.

It created the Counter-Terrorism Committee Executive Directorate (CTED) to provide the CTC with expert advice on all areas covered by resolution 1373.

It was established also with the aim of facilitating technical assistance to countries, as well as promoting closer cooperation and coordination both within the UN.

Its working

While the CTC is not a direct capacity provider it does act as a broker between those states or groups that have the relevant capacities and those in the need of assistance.

While the ultimate aim of the Committee is to increase the ability of States to fight terrorism, it is not a sanctions body nor does it maintain a list of terrorist groups or individuals.

Significance of the event

India has been pushing for the UN members to adopt a Comprehensive Convention on International Terrorism (first proposed in 1996), which is likely to be raised during the meeting.

The event will showcase India’s role as a victim of terrorism as well as a country at the forefront of global counter-terrorism efforts.

CTC meeting in India could also pave the way for a possible visit to New York by PM Narendra Modi in December, when India will be the President of the UNSC for the entire month.

Way ahead: Hitting the nerve

While terror financing was now recognised by FATF, it was necessary to build templates and “codes of conduct” for newer threats.

Today terror financing now includes financing through cryptocurrency and the use of drones for terror attacks.