Issues Out of Jurisdiction of National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) of India plays a crucial role in the protection and promotion of human rights. However, there are specific issues and areas that fall outside its jurisdiction. Understanding these limitations is essential for both the effective functioning of the NHRC and the proper redressal of human rights grievances. Below are two significant issues that are out of the NHRC’s jurisdiction:

1. Judicial Matters and Subjudice Cases

The NHRC does not have jurisdiction over issues that are currently under adjudication in courts of law. This means that if a matter is subjudice, or actively being considered by a court, the NHRC cannot intervene or issue directives related to that case.

• Recent Example: In the Gujarat Riots Case (2002), many victims sought the intervention of the NHRC. However, since the matter was under the jurisdiction of the courts, including the Supreme Court, the NHRC refrained from intervening directly in the judicial process. The Commission’s role was limited to recommending measures to the government rather than interfering in the ongoing legal proceedings.

2. Issues Related to Policy Implementation

The NHRC’s mandate does not extend to overseeing or implementing government policies and schemes. While the NHRC can recommend improvements and suggest measures to address human rights violations, it does not have the authority to enforce or implement these recommendations directly.

• Recent Example: During the COVID-19 pandemic, there were numerous complaints regarding the adequacy of healthcare facilities and the government’s handling of the crisis. While the NHRC could issue recommendations and highlight human rights concerns, it did not have the jurisdiction to directly enforce policy changes or manage the implementation of healthcare measures. The responsibility for policy enforcement and management lay with the relevant government departments and agencies.

Conclusion

Understanding the jurisdictional limits of the NHRC is crucial for effective redressal of human rights issues. The NHRC is not empowered to intervene in matters already being judicially adjudicated or to enforce policies directly. Its role is to monitor, recommend, and suggest measures to safeguard human rights, while the implementation and judicial matters fall outside its purview.

The Seven Pillars of NITI Aayog

NITI Aayog, the National Institution for Transforming India, was established to foster cooperative federalism and promote economic development through innovative policies and strategies. Its framework is built around seven key pillars that guide its functioning and objectives. Here is a detailed description of these seven pillars, including recent examples to illustrate their relevance:

1. Evolving a Shared Vision for National Development

NITI Aayog works towards creating a common vision for the country’s development through collaborative approaches. This involves setting long-term and short-term goals that align with national priorities.

• Recent Example: The National Strategy for Artificial Intelligence (AI) released in 2018 is an example of evolving a shared vision. It aims to leverage AI for inclusive growth and addressing societal challenges.

2. Fostering Cooperative Federalism

NITI Aayog promotes cooperative federalism by encouraging collaboration between the central and state governments. It facilitates the exchange of ideas and resources to address regional disparities and implement policies effectively.

• Recent Example: The Aspirational Districts Programme, launched in 2018, is a testament to this pillar. It targets districts lagging in development and encourages states to work together in improving governance and infrastructure.

3. Designing and Implementing Strategic Policies

This pillar focuses on formulating and executing strategic policies that address critical issues and drive sustainable development. NITI Aayog plays a crucial role in policy innovation and implementation.

• Recent Example: The National Electric Mobility Mission Plan (NEMMP) 2020 aims to promote electric vehicles and reduce reliance on fossil fuels, reflecting NITI Aayog’s role in designing strategic policies for sustainable development.

4. Promoting Innovation and Entrepreneurship

Encouraging innovation and entrepreneurship is central to NITI Aayog’s agenda. It supports initiatives that foster a culture of innovation and provide an enabling environment for startups.

• Recent Example: The Atal Innovation Mission (AIM), launched by NITI Aayog, promotes innovation and entrepreneurship among youth through initiatives like Atal Tinkering Labs and Atal Incubation Centers.

5. Encouraging Sustainable Development

NITI Aayog emphasizes sustainable development by integrating environmental, social, and economic dimensions into policy planning and implementation.

• Recent Example: The National Clean Air Programme (NCAP) aims to improve air quality across cities in India and reflects NITI Aayog’s commitment to sustainable development and environmental health.

6. Strengthening Institutions and Governance

Strengthening institutions and improving governance mechanisms are key objectives of NITI Aayog. It seeks to enhance the efficiency and effectiveness of public institutions.

• Recent Example: The Framework for National Data Governance, introduced by NITI Aayog, aims to improve data management and enhance transparency and accountability in governance.

7. Facilitating Capacity Building and Human Resource Development

NITI Aayog focuses on capacity building and developing human resources to ensure effective implementation of policies and programs.

• Recent Example: The Government’s Skill Development Schemes, like the Pradhan Mantri Kaushal Vikas Yojana (PMKVY), are aligned with NITI Aayog’s efforts to enhance skill sets and employability among the youth.

Conclusion

The seven pillars of NITI Aayog—evolving a shared vision, fostering cooperative federalism, designing and implementing strategic policies, promoting innovation and entrepreneurship, encouraging sustainable development, strengthening institutions and governance, and facilitating capacity building—are fundamental to its role in shaping India’s development trajectory. Through these pillars, NITI Aayog aims to drive inclusive growth, enhance governance, and build a resilient and dynamic economy.

Understanding the Ambit of Civil Society

Civil society refers to the realm of voluntary associations, organizations, and institutions that operate independently from the government and the market. It plays a crucial role in advocating for rights, providing services, and shaping public discourse. Here is a detailed examination of what is included in the ambit of civil society, supported by recent examples:

1. Non-Governmental Organizations (NGOs)

NGOs are a cornerstone of civil society. They work on a wide range of issues including human rights, environmental protection, and social justice. For example, organizations like Oxfam and Amnesty International actively campaign against poverty and human rights abuses, respectively. These NGOs mobilize resources, raise awareness, and influence policy at both national and international levels.

2. Community-Based Organizations (CBOs)

CBOs operate at the grassroots level and focus on local issues. They are often involved in activities such as community development, health care, and education. A recent example is the Pratham organization in India, which works towards improving the quality of education and literacy rates in underserved communities.

3. Advocacy and Activist Groups

These groups seek to influence public opinion and government policies on specific issues. They often engage in lobbying, public demonstrations, and awareness campaigns. For instance, the Fridays for Future movement, spearheaded by climate activist Greta Thunberg, has brought global attention to climate change and urged governments to take stronger actions against environmental degradation.

4. Professional Associations and Trade Unions

Professional associations and trade unions represent the interests of specific professions or worker groups. They play a role in advocating for fair labor practices, professional standards, and workers’ rights. A recent example is the Indian National Trade Union Congress (INTUC), which has been actively involved in advocating for workers’ rights and fair wages amidst various labor reforms in India.

5. Religious and Faith-Based Organizations

These organizations provide social services, humanitarian aid, and community support based on their religious or spiritual beliefs. For example, the Sikh humanitarian organization Khalsa Aid has been involved in disaster relief efforts and refugee support in crisis-affected regions like Syria and Ukraine.

6. Social and Cultural Clubs

These clubs engage in activities that promote cultural exchange, social bonding, and community engagement. They can be involved in arts, sports, and various community-building activities. A notable example is the Rotary Club, which conducts numerous service projects globally, focusing on issues such as polio eradication and clean water access.

7. Think Tanks and Research Institutions

Think tanks and research institutions contribute to civil society by generating policy recommendations, conducting research, and providing expert opinions on a range of issues. An example is the Centre for Policy Research (CPR) in India, which conducts research on public policy and contributes to policy formulation and debate.

8. Media and Independent Journalism

The media, including independent journalism, plays a critical role in civil society by informing the public, holding power to account, and facilitating public discourse. Recent examples include investigative journalism outlets like The Wire in India, which have reported on issues such as corruption and government accountability.

Conclusion

The ambit of civil society is broad and encompasses various forms of organization and activity aimed at improving societal conditions, advocating for rights, and enhancing public discourse. From NGOs and community organizations to media and think tanks, each component plays a vital role in shaping a vibrant, participatory society.

In the context of the UPSC Mains examination, understanding the evolution of India’s party system is crucial. Since independence, India has witnessed several types of party systems, each marked by distinct political dynamics. Here’s a detailed examination with recent examples:

1. One-Party Dominance System

Description: In the early decades post-independence, India experienced a one-party dominance system, predominantly led by the Indian National Congress (INC). During this period, the INC had a commanding presence across most states, establishing a near-hegemony in Indian politics.

Recent Example:

• 1950s-1960s: The Indian National Congress, under leaders like Jawaharlal Nehru and later Lal Bahadur Shastri, dominated Indian politics with significant electoral victories. The party’s dominance was so pronounced that it often faced minimal opposition, and state governments were predominantly Congress-led.

2. Multi-Party System with Dominance of Regional Parties

Description: From the 1970s onwards, India transitioned into a multi-party system. This period saw the rise of regional parties gaining significant influence, thereby reducing the dominance of the national parties. The political landscape became more diverse, with regional parties playing pivotal roles in various states.

Recent Example:

• 1980s-1990s: The emergence of parties like the Janata Dal, the Dravida Munnetra Kazhagam (DMK), and the Bharatiya Janata Party (BJP) signaled the beginning of a multi-party system. The rise of regional leaders like M. Karunanidhi and N.T. Rama Rao highlighted the growing influence of regional parties.

3. Coalition Politics and Fragmentation

Description: From the early 1990s to the present, India has witnessed a significant shift towards coalition politics. This period is characterized by the fragmentation of the political landscape into various regional and national parties that often need to come together to form coalition governments.

Recent Example:

• 1990s-Present: The 1990s saw the formation of coalition governments at the Centre, starting with the V.P. Singh government (1989-1990) and continuing with successive coalitions such as the United Front government (1996-1998) and the National Democratic Alliance (NDA) and United Progressive Alliance (UPA) governments. The 2014 and 2019 general elections saw the BJP forming a majority government, but coalition politics remains significant at the state level.

4. Emergence of a Bipartisan System

Description: In recent years, there has been a trend towards a more bipolar system at the national level, where two major parties, primarily the BJP and the Congress, dominate the political arena, though coalition politics still plays a crucial role.

Recent Example:

• 2014 and 2019 General Elections: The BJP under Narendra Modi achieved significant victories, indicating a trend towards a more bipolar system where the BJP and Congress are the primary contenders, though regional parties still hold substantial influence in various states.

In summary, India’s party system has evolved from a one-party dominance model to a complex multi-party system characterized by coalition politics and regional party influence. Each phase reflects changing political dynamics and the growing diversity of India’s political landscape.

Importance of Judicial Review

Introduction

Judicial Review is a fundamental principle of the constitutional framework in democracies. It empowers the judiciary to review and, if necessary, invalidate actions of the legislative and executive branches that are inconsistent with the Constitution. This mechanism ensures the supremacy of the Constitution and protects individual rights and freedoms.

1. Ensures Constitutional Supremacy

• Importance: Judicial Review is crucial in maintaining the supremacy of the Constitution. It ensures that all laws and executive actions conform to the Constitution, thereby safeguarding the fundamental principles and values enshrined in the constitutional document.
• Recent Example: In 2020, the Supreme Court of India struck down the unconstitutional amendments to the Constitutional Amendment Bill which aimed to dilute the provisions protecting Scheduled Castes and Scheduled Tribes. This upheld the Constitution’s guarantee of protection for these marginalized communities.

2. Protects Fundamental Rights

• Importance: Judicial Review plays a vital role in protecting individual rights and liberties by providing a mechanism to challenge any action or law that infringes upon fundamental rights. The judiciary acts as a guardian of individual freedoms, ensuring that legislative and executive actions do not violate constitutional rights.
• Recent Example: In 2018, the Supreme Court of India decriminalized Section 377 of the Indian Penal Code, which criminalized consensual same-sex relations. This landmark judgment underscored the judiciary’s role in protecting fundamental rights and promoting equality.

3. Maintains Balance of Power

• Importance: Judicial Review maintains the balance of power among the various branches of government. It prevents the abuse of power by ensuring that the legislative and executive branches do not exceed their authority or act in a manner that is unconstitutional.
• Recent Example: In 2019, the Supreme Court’s intervention in the Article 370 abrogation case, which challenged the legality of the revocation of Jammu and Kashmir’s special status, highlighted its role in checking the executive and legislative branches, thereby maintaining constitutional balance.

Conclusion

Judicial Review is essential for upholding constitutional supremacy, protecting fundamental rights, and maintaining the balance of power among government branches. Recent examples from India illustrate the judiciary’s role in ensuring that laws and executive actions adhere to constitutional principles and protect individual liberties.