MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. Unconventional wars are not just waged on the battlefield; they are also conflicts between steely minds. How should we combat terrorism that is motivated by ideology? Discuss in light of Indian left-wing radicalism.
GS III – Internal Security
Introduction:
Context:
- The ideology known as Left Wing Terrorism (LWE) holds that all of the state structures and social relationships that now exist in capitalist society are exploitative in nature and that a violent revolution is necessary to bring about a revolutionary transformation. The peasant class is primarily leading this movement, driven by “leftist” ideals found in the writings of Marx and Engels and reinforced by the writings and speeches of Lenin and Mao Tse-tung (Zedong).
- LWE in India: In 1967, a breach of the allowable cap on land holdings led to the emergence of LWE in the tribal regions of Siliguri, including Naxalbari, Khoribari, and Phansidewa districts. Later, in the 1970s, it began to expand throughout West Bengal, and subsequently, it reached portions of Maharashtra and Karnataka, Odisha, Chhattisgarh-MP, Bihar-Jharkhand, and Andhra Pradesh-Telangana. Guerrilla warfare, an uprising with widespread support from the local tribes, was the eventual result of this.
- Therefore, it is imperative to combat both the ideology and the insurgency.
- The following actions need to be made to combat terrorism motivated by ideologies:
Dealing with ideology:
- Promoting a sense of justice: In order to execute the rule of law, the justice system must be made effective in order to hear cases quickly and effectively.
- Better infrastructure for public health, education, and services is one way to improve governance and increase trust in the system.
- Employment and skill development: Central programmes like the Van Dhan Vikas Yojana, Village, and Digital Connect initiatives must be executed with judiciousness and not just remain on paper.
- Securing Traditional Rights: Under the 5th Schedule, the Forest Rights Act, and the Provision of Panchayat, Extension to Scheduled Areas Act (PESA), tribe members are guaranteed a number of individual and collective rights. They need to be applied successfully.
- Infrastructure development: PM Gramme Sadak Yojana’s effective implementation, among other things.
- Securing development’s fruits: A larger share of mining profits needs to be set aside for regional development.
- To combat corruption, audits must be carried out and accountability must be established in order to track the real implementation of plans on the ground and to enable timely localised responses.
Fighting the insurgency:
- Bolstering local forces: Past experience indicates that while the Central forces are larger and more trained, local police are more knowledgeable or have access to intelligence, which makes them more useful.
- Efficient exchange of intelligence: between central agencies and police operating across borders.
- Improved Training: Cyber-forensics, data collection, and counteroffensive operations training are essential.
- Improved Equipment: Automatic weapons, mine detectors, bulletproof vests, and cosy outfits.
- Improving connectivity: The government has started a number of projects, including the installation of mobile towers and a stronger emphasis on road building, among others. The forces’ ability to move and react depends on this.
- Enhanced Funding for Internal Security: Special Central Assistance (SCA) – to bridge vital gaps in emergent public services and infrastructure. For instance, in states hit by Naxalism, the centre can boost the funding for police.
- In conclusion, the involvement of government at all levels is critical for a successful response to left-wing extremism. Local governments are capable of managing governance and upholding law and order, while the federal government can play an advisory, monitoring, and supporting role. However, a larger amount of funding will be needed due to the state governments’ restricted capabilities.
Q2. The realisation that “tribunalizing” justice will be accessible, affordable, and allow for the application of subject-matter expertise is what is driving this trend. Examine the Indian legal system’s use of tribunals in light of this assertion.
GS II – Judiciary related issues
Introduction:
Context:
- A tribunal is a quasi-judicial body that was created in India to settle disputes that are brought before it by an Act of the State Legislature or the Parliament. Articles 323-A (Administrative tribunals) and 323-B (other tribunals), which were added by the 42nd Amendment Act of 1976 based on the Swaran Singh Committee’s proposal, govern their formation.
Authority of a Tribunal:
- Comparable to a civil court in that summonses are issued and witnesses are permitted to testify.
- Subject to appeal, its rulings are legally binding on the involved parties.
The Benefits of Tribunals:
- Quick and Easy Procedures: Not subject to the Code of Civil Procedure, 1908, or the Indian Evidence Act of 1872, but yet endowed with civil court authority and subject to natural justice principles.
- Flexible: They must adhere to the natural justice principles but are not required to follow any standard method as specified by the Indian Evidence Act and the Civil method Code.
- Less costly: The traditional legal system is costly because it takes time.
Tribunals’ Restrictions:
- Opposed to SEPARATION OF POWERS: The judicial branch is being intruded upon by the executive through tribunalization. Legal Rule Deviation in Administrative Adjudication
- Opposing THE PRINCIPLE OF JUSTICE: Internal tribunals could have a pro-parent organisation bias. Additionally, these rely on the Executive for appointments and funding
- It adheres to its own laws and processes rather than a uniform code of procedure.
- Inexperience with court procedures: Managed by technical heads and administrators.
- Limitations of Powers: They lack proper infrastructure and are not as independent of the Executive as courts are.
- Lack of experts: Tribunals are frequently presided over by retired judges who were selected by the government. Current judges may favour the government in court cases for positions that come open after retirement. The Supreme Court ruled in the Chandra Kumar case that the entire goal of lessening the burden of the judiciary is defeated by tribunal appeals to higher courts.
- In conclusion, tribunals play a critical role in the effective administration of justice in the nation. This means that tribunals’ organisational and operational reforms are required. It needs to have an Independent Appointment Committee and more authority.
