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1. Time and timing: On the CEC selection process
Context: The article discusses the ongoing controversy regarding the selection process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in India.
Key Points:
1. Background of the Issue:
- The appointment of the CEC and ECs has become contentious due to the government’s adherence to the December 2023 law.
- The Supreme Court had earlier (2022) ruled that appointments should be made by a panel consisting of the PM, LoP, and CJI.
- The new law replaces the CJI with a Union Minister, raising concerns of executive interference.
2. Legal and Constitutional Debate:
- The government argues that the 2022 Supreme Court ruling was an interim measure until Parliament passed a law.
- Petitioners claim that the law undermines the spirit of the 2022 verdict, which aimed to insulate the ECI from executive control.
- The Constitution requires a law to regulate such appointments, but the level of independence granted remains a key question.
3. Independence of the Election Commission:
- Critics fear that the 2:1 majority in the selection panel, favoring the executive, threatens the autonomy of the ECI.
- The credibility of the ECI has been perceived to be weakening over time, impacting the public’s confidence in elections.
4. Supreme Court’s Role and Delay:
- The Supreme Court has deferred hearing the case to February 19, 2025.
- The government has continued making appointments despite legal challenges, making them a fait accompli.
- The Court’s delayed intervention may allow the executive to consolidate control over key constitutional bodies.
5. Implications for Free and Fair Elections:
- The perception of electoral integrity is crucial for democracy.
- Any lack of independence in the ECI could lead to concerns about biased election processes.
- The Supreme Court’s decision will determine whether the current selection process aligns with constitutional principles of fairness and autonomy.
2. Undermining federalism: On central funding, States and education
Context: The article discusses the Union Government’s decision to withhold Tamil Nadu’s central share of Samagra Shiksha funds due to its rejection of the National Education Policy (NEP) 2020.
- The Union Government has withheld Tamil Nadu’s Samagra Shiksha funds (₹2,152 crore) due to the State’s rejection of NEP 2020.
- This move is seen as an attempt to coerce States into implementing the policy, undermining cooperative federalism.
- Education is in the Concurrent List, requiring flexibility and consultation between the Centre and States.
2. Samagra Shiksha Scheme:
- Launched in 2018-19, it merged Sarva Shiksha Abhiyan, Rashtriya Madhyamik Shiksha Abhiyan, and Teacher Education programmes.
- Aimed at equitable access to quality education for all schoolchildren.
- The fund freeze affects nearly 40 lakh students and 32,000 staff members in Tamil Nadu.
3. Tamil Nadu’s Opposition to NEP 2020:
- The State has consistently opposed the three-language policy, adhering to a two-language system (Tamil and English) since 1968.
- Tamil Nadu views the NEP’s language policy as an imposition and a violation of its linguistic autonomy.
4. Constitutional and Political Aspects:
- Union Education Minister Dharmendra Pradhan’s remarks implied that Tamil Nadu must comply with the “rule of law,” sparking criticism.
- Chief Minister M.K. Stalin questioned the constitutional basis for imposing the three-language policy.
- The episode raises concerns over whether States’ autonomy is being respected in implementing education policies.
5. Need for a Pragmatic Approach:
- The article suggests delinking Samagra Shiksha and PM SHRI funding from NEP compliance.
- Instead, funds should be tied to broader educational performance indicators.
- Tamil Nadu should finalize its State Education Policy to provide a structured alternative to the NEP.
6. Broader Implications for Cooperative Federalism:
- A rigid, one-size-fits-all approach in education policy can lead to friction between the Centre and States.
- Flexibility and dialogue are crucial for implementing policies in diverse regions with unique linguistic and educational priorities.
- Ensuring equitable education funding without political conditions is essential for maintaining cooperative federalism.
3. The danger of a digital censor board
Context:The article discusses the controversy surrounding the online show India’s Got Latent, particularly focusing on comments made by YouTuber Ranveer Allahbadia.
- YouTuber Ranveer Allahbadia’s remarks on the show led to condemnation by Chief Ministers, a Parliamentary Standing Committee, and the Supreme Court.
- The show, hosted by comedian Samay Raina, features dark humor and critiques performers’ “latent” talents.
- The controversy is seen as part of a larger push to regulate digital media.
2. Legal Aspects of Obscenity and Free Speech
- The Supreme Court in Apoorva Arora v. Govt. of NCT of Delhi (2024) ruled that foul language alone does not constitute criminal obscenity.
- Obscenity is defined by whether content arouses sexual or lustful thoughts, not just by its decency.
- Despite this precedent, legal intimidation often curtails constitutional principles of free speech.
3. Government’s Expanding Censorship Powers
- Section 69A of the IT Act, 2000, allows the government to block websites, though “decency and morality” are not among its grounds.
- The 2021 IT Rules have increased blocking orders, often lacking transparency and judicial oversight.
- The Ministry of Information and Broadcasting is pushing for a new Broadcasting Bill, grouping online creators with traditional broadcasters, leading to fears of increased digital censorship.
4. Historical Precedents of Digital Censorship
- Tandav (2021) faced criminal complaints for allegedly offending religious sentiments, leading to government intervention and censorship of scenes.
- OTT platforms have since chosen self-censorship to avoid legal troubles, giving the government indirect control over digital content.
- The same pattern may be seen with YouTubers and other digital creators today.
5. Political Economy and Digital Censorship
- The rise of techno-patrimonialism: The government’s use of digital tools to distribute benefits has also enabled greater control over digital expression.
- Political parties, after competing on welfare policies, now shift focus to regulating online discourse.
- The call for a “digital censor board” is framed as moral regulation but serves to consolidate state control over digital media.
6. Implications for Freedom of Speech and Federalism
- Increasing government intervention in digital content regulation could curb free speech and artistic expression.
- Lack of transparency in content takedown orders raises concerns about executive overreach.
- Federalism concerns arise as digital regulation moves under central control, impacting regional content creators.
Disclaimer:
This analysis is based on the editorial content published in The Hindu and is intended solely for informational and educational purposes. The views, opinions, and interpretations expressed herein are those of the author of original article. Readers are encouraged to refer to the original article for complete context and to exercise their own judgment while interpreting the analysis. The analysis does not constitute professional advice or endorsement of any political, economic, or social perspective.
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