16 August 2023

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. Describe the problems the criminal justice system in India is having. What actions could be implemented to alter India’s criminal justice system?

GS II – Constitution related issues

• The criminal justice system has jurisdiction over the government agencies responsible with maintaining the law, ensuring peace and harmony, and combating illicit conduct. The primary objective of the criminal justice system is to ensure that justice is served. But in 2021, almost 77% of all prisoners were awaiting trial. This is a flagrant illustration of the unrest and terrible injustice India’s criminal justice system is presently dealing with.
• Cases that are still pending: There is now a substantial backlog of cases in the Indian criminal justice system. According to figures from the law minister, there are still pending court cases in the neighbourhood of five billion. Justice is therefore delivered very slowly as a result.
• Corruption: Corruption greatly lowers the criminal justice system’s efficacy. Corrupt behaviour is widespread, not just in the police force but also in the legal and judicial communities, as well as in the forensic and other fraternities.
• A shortage of resources, courtrooms, and people with insufficient training make it difficult for the system to function properly.
• Unfair treatment: Another key challenge for India’s criminal justice system is how it handles those who are disadvantaged, such as the poor and lower castes. They regularly experience unfair treatment, and the criminal justice system disproportionately focuses on them.
• Procedure laws that are a little out of date and dated influence how courts work. For instance, the Code of Civil Procedure dates back more than a century, but the Evidence Act was only introduced in 1872. These laws, which were established to buttress colonial power, had the intention of punishing people rather than delivering justice.
• Lack of credibility: The public has extremely little faith in the nation’s police and investigation agencies. The control and oversight of the police by political officials also prevents the police from operating democratically.
• Witness Protection: In India, witnesses face a number of challenges, such as police harassment and threats from the accused. Many witnesses are intimidated and hesitant to testify because the criminal justice system struggles to protect them sufficiently.

The following actions can be performed to reform the criminal justice system in India:

Legal changes:

• The high rate of outstanding cases is a result of India’s present judicial shortage. By adding more judges, this backlog might be cleared up and the legal process sped up.
• Plea bargaining, for example, can be used in the correct circumstances to settle simple disagreements and prevent court backlogs. In a pre-trial agreement known as a plea bargain, the defendant offers to admit guilt in exchange for the prosecution accepting certain concessions.

Police reforms:

• A judicial investigation should be conducted in cases involving rape or death in detention, according to the National Police Commission (NPC), which was created in 1977. Police must also receive training to help them understand socially excluded groups better.
• A distinct police force should be developed, according to the Malimath Committee, to protect peace and order. The establishment of a national security commission and a state security commission, one at the federal level and the other at the state level, is also necessary.
• The Supreme Court suggested that police reforms, including the selection of the DGP, be made through an accessible, merit-based process in the Pratap Singh case. Separating the responsibilities of law enforcement and investigation is also necessary.

Corrections reforms:

• The Mulla Committee, also known as the All India Jail Reforms Committee, advised appointing knowledgeable and experienced staff to supervise jail operations. Additional suggestions included the need to focus on probation and rehabilitation regulations, allow access to prisoners for the media, etc.
• Implementing the recently approved Model Prisons Act, 2023, which makes suggestions for the use of technology in jail management and sets procedures for the release, furloughs, and remission of prisoners in order to encourage good behaviour. It also focuses the rehabilitation and reformation of convicts.
• Encourage the use of ADR procedures, such as mediation, negotiation, and arbitration, to resolve disputes outside the traditional legal system. The execution of justice might be accelerated as a result.
• Laws from the colonial past should be repealed to bring them into compliance with society goals and constitutional morality. The Indian Evidence Act of 1872, the Criminal Procedure Code of 1898, and the Indian Penal Code of 1860 are a few examples.
• The criminal justice system in India is essential to maintaining law and order, protecting human rights, and delivering justice to the public. Therefore, it is crucial to address the current problems and plug the loopholes in the criminal justice system if the country is to sustain the rule of law.

Q2. Describe how the government is held responsible and how the Comptroller and Auditor General of India (CAG) protects the public purse.

GS II – Constitution-related issues

• Article 148 of the Indian Constitution created the independent position of Comptroller and Auditor General of India (CAG). He is in charge of the Indian Audit and Accounts Department. As the custodian of the public purse, he is responsible for managing the whole financial system of the country on both the federal and state levels. He has a duty to uphold the Indian Constitution and the financial administration regulations of the Parliament.
• The Comptroller and Auditor General of India (CAG) serves as the guardian of the public purse and upholds governmental accountability in the following ways:
• Executive accountability: The CAG audit reports make sure that the Parliament is held accountable for the executive (i.e., the council of ministers) in the field of financial management. As an agent of that entity, the CAG conducts expenditure audits on behalf of the parliament. Therefore, he only has to answer to the Parliament.
• Conducts an audit to verify that funds have been provided: During the audit, the accuracy and completeness of the accounts are checked to make sure that a valid voucher or other proof of payments is available. An audit against the provision of funds aims to determine if the monies recorded in the accounts as having been distributed were legitimately available for and pertinent to the service or purpose for which they had been applied or charged.
• Propriety audit to keep financial vigilance: In addition to performing the legal and regulatory audits, CAG may also perform the propriety audit. Because of this, he is qualified to evaluate the “wisdom, faithfulness, and economy” of government expenditure and to make observations on its excess and waste. The CAG may refuse to approve any expenditure that is against the Constitution or any other legislation.
• The CAG audit report briefly discusses financial irregularities, losses, frauds, wasteful spending, the accuracy of planning, management of expenditures, savings, etc. The audit report’s goal is to prevent all forms of financial loss. They call attention to transactions that haven’t yet demonstrated their profitability.
• He audits the Centre’s and each state’s receipts and outlays to confirm that the policies and procedures in place are designed to assure an efficient check on the assessment, collection, and proper distribution of revenue.
• Be on the lookout for corruption: Political scandals and corruption have resulted in unfathomable losses for the government’s finances. A good example is the coal fraud, where CAG’s investigation was essential in identifying the irregularities. The CAG report on corruption in the Mumbai civic authority made similar claims, indicating that work was delayed and contracts were awarded to unqualified vendors.
• The CAG contributes to maintaining efficiency by assessing how successfully institutions and government agencies have carried out their mandated tasks. It also looks at how government enterprises operate in various industrial sectors.
• Conducting audits to identify any instances of financial impropriety is the CAG’s responsibility in advancing good governance and national development. The CAG’s role in encouraging openness and accountability in governance is vital for building trust between the government and the citizenry and ensuring that public funds are used efficiently.
• The Comptroller and Auditor General of India (CAG) is the most important representative under the Indian Constitution, according to Dr. B.R. Ambedkar. In order to satisfy its expanding responsibility as the friend and advocate of the public, the CAG consistently endeavours to defend the hard-earned tax payers’ money. As a result, he is a foundational member of India’s democratic system of government.