Roadmap for Answer Writing 1. Introduction Contextual Background: Briefly explain the concept of decentralization and its significance in the Indian governance framework. Key Amendments: Mention the 73rd and 74th Constitutional Amendments (1992) that established the Panchayati Raj system and urban local bodies. 2. Body A. ...
In order to shed its colonial baggage and bring reform in penal laws to accommodate modern challenges, India has recently introduced 3 new criminal laws with effect from 1 July, 2024. The new laws- Substantive- Bhartiya Nyaya Sanhita (BNS), replacing Indian Penal Code, 1860, Procedural- Bharatiya NaRead more
In order to shed its colonial baggage and bring reform in penal laws to accommodate modern challenges, India has recently introduced 3 new criminal laws with effect from 1 July, 2024.
The new laws-
- Substantive- Bhartiya Nyaya Sanhita (BNS), replacing Indian Penal Code, 1860,
- Procedural- Bharatiya Nagrik Suraksha Sanhita (BNSS), replacing Criminal Procedure Code, 1974
- Evidence- Bhartiya Sakshya Adhiniyam (BSA) replacing Indian Evidence Act, 1872.
Potential Benefits of the laws
- Reduced ambiguities- With regards to organized crime and terrorism, the emphasis on national security is given its due with well-defined crimes.
- Women safety- Criminalises crime against women previously left unchecked. Eg- section 69 penalises sexual intercourse by “deceitful means”.
- Checks misinformation- criminalises the spread of fake news thus improving measures of public order.
- Technological integration- to improve efficiency of process and transparency. Eg- e-FIRs, charge sheets in BNSS.
- Transparency- Measures like videography of search & seizure and stricter timelines improves accountability. Eg- Fast-track courts, summary trials.
Challenges
- Excess police powers- The criminal justice system can be questioned with potential abuse of power in the extension of police custody from 15 to 60 days.
- Uncertainty- Few undefined provision and vague phrases may lead to curbing of dissent. Eg “compromising sovereignty, unity & integrity of India”.
- Implementation issues- Higher burden of evidences procedure and videography on the police might compromise efficiency, burden resources.
With the changing nature of criminal activities and increasing cyber crimes, there is a need to overhaul the justice system to address new and emerging problems while plugging the existing loopholes to reflect contemporary India.
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Model Answer Introduction The decentralization of power in India, particularly through the 73rd and 74th Constitutional Amendments in 1992, has fundamentally transformed the governance landscape at the grassroots level. This significant legal framework established the Panchayati Raj system and urbanRead more
Model Answer
Introduction
The decentralization of power in India, particularly through the 73rd and 74th Constitutional Amendments in 1992, has fundamentally transformed the governance landscape at the grassroots level. This significant legal framework established the Panchayati Raj system and urban local bodies, empowering local governance.
Enhanced Participation
Decentralization has markedly increased public participation in governance. Local communities now engage actively in planning, implementing, and monitoring development programs. According to the Ministry of Panchayati Raj, this has led to greater alignment of policies with local needs, fostering a sense of ownership among citizens.
Empowerment of Marginalized Groups
One of the most significant outcomes of decentralization is the empowerment of marginalized groups, particularly women. The 1992 amendments mandated that at least one-third of Panchayat seats be reserved for women, promoting social equity. Studies by the National Institute of Rural Development show a notable increase in women’s representation in local governance as a result.
Responsive Governance and Accountability
Local governments have become more responsive to community needs, enhancing service delivery. Research from the Indian Institute of Management indicates that decentralized governance has improved accountability, as local elected officials are more directly answerable to their constituents.
Capacity Building
Decentralization has facilitated capacity building for local representatives, equipping them with essential skills to manage resources effectively. Initiatives in states like Kerala have demonstrated successful training programs that enhance the effectiveness of local governance.
Challenges
Despite these advancements, challenges persist. Many local bodies suffer from inadequate financial resources, limiting their autonomy. Additionally, a lack of training and instances of corruption undermine the potential benefits of decentralization.
Conclusion
In summary, while decentralization in India has led to enhanced participation, empowerment, and accountability at the grassroots level, addressing financial constraints and capacity issues is crucial for realizing its full potential. Continued efforts to strengthen local governance will pave the way for a more inclusive and responsive governance framework.
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