Question 3 · 482 words written
Opening
Pressure groups refer to organisations that use pressure tactics to pull forward their sectional interests. Power lies in mobilizing opinion & lasting change
| Public Opinion | Lasting Change |
|---|---|
| 1) On Governance Reforms (Eg. MKSS for RTI) | > Use of RTI by public |
| 2) On need for Ease of Doing Business (Eg. FICCI, ASSOCHAM) | > Entrepreneurial Zeal |
| 3) On legislations (Eg. BKU on farm laws) | > Debates on farm conditions - 10,000/month Avg Income |
| 4) On Environmental Right (Eg. Narmada Bachao) | > Mainstreamed Protection & Climate Change |
| 5) On women interests (Eg. Majlis Manch on Talaq-e-Biddat) | > SC declared Triple Talaq invalid |
How they shape Public Policy?
Body
tection & Climate Change | | 5) On women interests (Eg. Majlis Manch on Talaq-e-Biddat) | > SC declared Triple Talaq invalid |
How they shape Public Policy?
- Encourage increased accountability in legal framework (Eg) Lokayukta after IAC - Anna Hazare
- Encourage protective legislation (Eg) Patidar Samaj concessions after Reservation stir
- Increased welfarism in government policies (Eg) ICAR for farm interests
However, they're criticised for being non-Representative and rallying narrow caste interest
"Bail not Jail" emphasizes on the importance of Judicial wisdom in sentencing people to jail terms.
Upholds Individual liberty
Article 21 includes Right to Individual liberty → cited in Kharak singh case
Jail should only be given when the accused is a threat to evidence or has a threat of fleeing while under trial → Prakash singh case
Inmates have right to legal representation to reinforce this right → Role of NALSA → 39A in 42nd Amendment
To widen the ambit of this principle, inmate letters were accepted in Hussainara Khatoon case → Principles of PIL - dilutes Locus Standi concept.
HOWEVER → Jails are overburdened ~150% capacity → 67% of inmates are undertrials → Over-representation of Dalits, STs and Muslims due to lack of representation
Way forward
- Sensitise lower courts
- Reduce SC pendency
- Fast Track Appellate courts for bails
- Increase Judge Strength (5000 Vacancies)
To reinforce the principle, SC must walk the talk.
Article 263 of the Constitution envisages an Inter State Council for cooperative federalism.
Role of Inter-State Council in Dispute Redressal
(1) Encourages dialogue between states on border issues (Eg) Karnataka-Maharashtra-Belgaum, Assam-Meghalaya
(2) Encourages discussions between union & states (Vertical Dialogue) → Cooperative & fiscal federalism (Eg) GST Roadblocks
(3) Can serve as a platform for country-wide issue redressal → (Eg) Water Issues → Inter State Water Linking can be discussed (Eg) Ken-Betwa
(4) Platform for voicing dissent for legislative encroachments → Eg farm laws
However, Challenges Remain
(1) No Regular meetings being held (2) Perceptions of Power differential between "opposition-ruled states" and Union (3) Multiple fora of discussions → No sanctity to ISC → Zonal Councils → NITI Team India → High Powered Meetings (4) Only recommendations can be given → Non enforceable
Close
As recommended by Sarkaria Commission, greater devolution and decentralisation is the key to unlocking federal tensions.