14 August 2023

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. Describe the issues that India’s criminal justice system is facing. What steps may be taken to change the criminal justice system in India?

GS II – Constitution-related issues

• The government organisations tasked with upholding the law, preserving peace and harmony, and dealing with illegal activity are under the purview of the criminal justice system. Making sure that justice is done is the main goal of the criminal justice system. However, around 77% of all inmates in 2021 were awaiting trial. This is a blatant example of the turmoil and egregious injustice that India’s criminal justice system is currently experiencing.

Problems with India’s criminal justice system:

• Cases still pending: The Indian criminal justice system is now dealing with a significant backlog of cases. The law minister’s data indicates that there are close to five billion court cases still waiting. As a result, justice is delivered with great delay.
• Corruption: Corruption significantly reduces the effectiveness of the criminal justice system. Not just in the police force, but also in the legal and judicial communities, as well as in the forensic and other fraternities, corrupt behaviour is common.
• Inadequate Infrastructure: The system’s ability to operate effectively is hampered by a lack of resources, courtrooms, and personnel who have received inadequate training.
• Unfair treatment: The handling of underprivileged people, such as the poor and lower castes, presents another significant difficulty for India’s criminal justice system. They frequently receive unfair treatment and disproportionately come under the spotlight of the criminal justice system.
• Old and slightly out-of-date procedural laws govern how courts operate. The Evidence Act, for instance, was passed in 1872, while the Code of Civil Procedure is over a century old. The goal of these laws, which were created to support colonial control, was to punish rather than to provide justice.
• Lack of credibility: The country’s police and investigating organisations have very little public trust. Additionally, the political executives’ control and supervision of the police results in a lack of democratic operation of the police.
• Witness Protection: In India, there are several difficulties that witnesses must overcome, including police harassment and threats from the accused. Because the criminal justice system struggles to safeguard witnesses adequately, many are intimidated and reluctant to testify.

To overhaul India’s criminal justice system, the following steps can be taken:

Legal reforms:

• The current dearth of judges in India contributes to the high percentage of pending cases. This backlog might be cleared up and the administration of justice sped up by adding more judges.
• In the right situations, techniques like plea bargaining can be utilised to resolve straightforward disputes and avoid court backlogs. Plea bargaining is a pre-trial agreement in which the accused offers to plead guilty in exchange for the prosecution making specific concessions.

Policing changes:

• The 1977-established National Police Commission (NPC) recommended that rape or death in custody cases be the subject of a judicial investigation. Additionally, police must be trained to be more understanding of socially excluded groups.
• The Malimath Committee suggested that a separate police force be established to uphold law and order. Additionally, a national security commission and a state security commission ought to be created, one at the federal level and the other at the state level.
• In the Pratap Singh case, the Supreme Court recommended that police reforms, including the appointment of the DGP, be done through an open, merit-based procedure. Additionally, there ought to be a distinction between the roles of law enforcement and investigation.

Reforms in prisons:

• The Mulla Committee, also known as the All India Jail Reforms Committee, recommended hiring qualified and experienced personnel to oversee jail operations. Further recommendations included the need to concentrate on probation and rehabilitation policies, permit media access to jails, etc.
• Implementing the recently passed Model Prisons Act, 2023, which establishes provisions for convicts’ release, furloughs, and remission in order to promote good behaviour and offers recommendations on the use of technology in prison management. Additionally, it emphasises the reformation and rehabilitation of prisoners.
• Encourage the use of alternative dispute resolution (ADR) processes to settle conflicts outside of the traditional judicial system, such as mediation, negotiation, and arbitration. This could hasten the administration of justice.
• Repealing colonial-era laws will bring them into line with constitutional morality and societal objectives. Examples include the Indian Penal Code of 1860, the Criminal Procedure Code of 1898, and the Indian Evidence Act of 1872.
• In India, the criminal justice system is crucial to upholding peace and order, safeguarding human rights, and providing justice to the populace. Therefore, it is essential for maintaining the rule of law in the nation to address the current issues and close the gaps in the criminal justice system.

Q2. Examine how the Comptroller and Auditor General of India (CAG) protects the public purse and ensures that the government is held accountable.

GS III – Constitution related issues

As the protector of the public purse and in maintaining the accountability of the government, the Comptroller and Auditor General of India (CAG) plays the following roles:

• Conducts audit against provision of funds: During the audit, the completeness and accuracy of the accounts are inspected to ensure that a valid voucher or proof of payments is present. Ascertaining whether the funds listed in the accounts as having been disbursed were legitimately available for and relevant to the service or purpose for which they had been applied or charged is the goal of an audit against the provision of funds.
• Propriety audit to maintain fiscal vigilance: CAG can also do the propriety audit in addition to the legal and regulatory audit. As a result, he is able to assess the “wisdom, faithfulness, and economy” of government spending as well as offer commentary on its wastefulness and excess. Any expenditure that violates the Constitution or any law may be disallowed by the CAG.
• Financial irregularities, losses, frauds, wasteful spending, the accuracy of budgeting, management of expenditures, savings, etc. are all briefly covered in the CAG audit report. The purpose of the audit report is to stop any kind of financial loss. They draw attention to deals that haven’t yet shown themselves to be profitable.
• The regulations and procedures in place are made to ensure an effective check on the assessment, collection, and proper distribution of revenue, and he audits the Centre’s and each state’s receipts and outlays to confirm this.
• Watching out for corruption: Political scandals and corruption have caused the government’s coffers to suffer unfathomable losses. The coal fraud is a prime example, when CAG’s work was crucial in revealing the anomalies. Similar to this, the CAG report on corruption in the Mumbai civic authority indicated that work was delayed and that contracts were given to unqualified vendors.
• The CAG evaluates how well government agencies and institutions have performed their assigned duties and plays a part in maintaining efficiency. Additionally, it examines the operations of government enterprises in several industrial areas.
• The CAG’s role in promoting good governance and advancing national development is to carry out audits in order to spot any instances of financial mismanagement. In order to establish confidence between the government and the populace and to make sure that public monies are spent effectively, the CAG’s role in fostering openness and accountability in governance is crucial.

Conclusion:

• According to Dr. B.R. Ambedkar, the Comptroller Auditor General of India (CAG) is the most significant official under the Indian Constitution. The CAG continuously works to protect the hard-earned tax payers’ money in order to fulfil its evolving duty as the public’s friend and representative. He is thus one of the pillars of India’s democratic system of government.