Bilkis Bano Case: Remission and Constitution

Bilkis Bano Case

• Articles 72 and 161 of the Constitution grant the President and Governors the power to pardon, suspend, remit, or commute sentences.
• Since prisons is a state subject, state governments can remit sentences under Section 432 of the Code of Criminal Procedure (CrPC).
• Similar provisions exist under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• A person convicted for an offence punishable by death or imprisonment for life must serve at least 14 years, regardless of any commutation, before being released.
• In Laxman Naskar v. Union of India (2000), the Supreme Court laid down five grounds for remission consideration:
• Whether the offense was an individual act not affecting society.
• Likelihood of repeated crime.
• Whether the convict still is a threat.
• Whether the convict is currently benefiting society in prison.
• Socio-economic conditions of the convict's family.
• An SC order stated that the Gujarat government did not have the authority to consider remission applications of Bilkis Bano case convicts.

Parole vs. Furlough

• Prisons fall under the State List.
• Prisons governed by The Prisons Act of 1894.
• Parole:
• System of releasing a prisoner with sentence suspension.
• Conditional release, subject to behavior and periodic reporting with a reformative process.
• Not a right, granted for a specific reason like a death in the family.
• Superintendents can grant up to 7 days parole in emergencies.
• Granted by the state executive with consideration of humanitarian based reports from jail authorities/state government.
• Furlough:
• Given in long-term imprisonment cases with time treated as remission of the sentence.
• Viewed as a prisoner's right, irrespective of reason, to maintain family/social ties and counter the ill-effects of prolonged prison time.
• Typically only for long-term prisoners.
• Granted an unlimited amount, but furlough is restricted.
• In Prelims 2021, a question noted parole is not guaranteed but dependent sufficient case and discretionary.
• State governments have rules about prisoners getting released on parole.

The Chief Election Commissioner and Other Election Commissioners(Appointment, Conditions of Service and Term of Office) Act, 2023

• Replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• The CEC and ECs are appointed by the President based on recommendations from a Selection Committee.
• The Selection Committee includes the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition/leader of the largest opposition party in Lok Sabha.
• Selection Committee recommendations are valid with vacancies. 2.
• A Search Committee, headed by the Union Minister of Law and Justice will be in charge of proposing a panel of names to the Selection Committee.
• The salary and service conditions of the CEC and ECs is equivalent to a Supreme Court Judge.
• The Search Committee will suggest five names; the Selection Committee can consider any person not suggested by the Search Committee.
• The terms are 65 years of age or 6 years at ECI, whichever is earlier.

Political Parties & Income Tax

• Under Section 13A of the Income Tax Act, registered political parties are exempt from paying Income Tax.
• Registered political parties are required to yearly file their Income Tax returns.
• Registered Political parties enjoy a 100% tax exemption from all sources of income.
• Failing to submit a report under subsection (3) of section 29C of the Representation of the People Act, 1951 (43 of 1951) means no exemption is available for that given financial year.
• Like individual taxpayers, registered political parties must file their Income Tax Returns annually under Section 139 (4B).
• Returns are required to be audited and submitted by the 30th of September.

VVPAT Judgment

• VVPATs provide transparency of the election process.
• EVMs were first used with VVPAT in 2004.
• VVPATs were mandated in 2013 initially for the Noksen election.
• A VVPAT assembly constituency consists of a slip showing the serial number, name, and symbol of the candidate.
• The slip is visible for 7 seconds.
• In 2019, a ruling stated that 5 random VVPATs in every constituency should be counted.
• If there is a second or third discrepancy, 5% of VVPATs will be counted.
• Any symbol issues fall under the SLU, and any changes require a 45 day notice.

Form 17A and 17C

• Form 17A is the "Register of Voters" which contains the names and details of each voter.
• The form follows the same structure as outlined in the Election Conduct Rules, 1961.
• Form 17C is the "Account of Votes Recorded" which contains details about the amount of votes assigned to each party.
• It indicates if any voters are not allowed.
• Also indicates test votes recorded that need to be removed.
• Violated secrecy of paper can cause simple imprisonment ( of 6 months)

Electoral Trusts

• Electoral Trusts must be registered under the Companies Act.
• Designed to distribute contributions from companies and individuals to political parties.
• 'The Electoral Trusts Scheme, 2013' outlines eligibility and procedures; note that only companies are eligible to apply.
• May receive contributions from:
• Indian citizens and registered domestic companies/firms, resident HUFs.
• Association of persons (Indian residents).
• Shall not accept contributions from:
• Non-citizens, foreign entities, and other Electoral Trusts not approved under the Scheme.
• Contributors without PAN or who are NRIs without a passport number.
• For administrative expenses, Electoral Trusts can set aside up to 5% of total funds collected, with the remaining 95% to be distributed to eligible political parties.
• Six Electoral Trusts existed before the 2013 Scheme: General Electoral Trust, Electoral Trust, Harmony Electoral Trust, Corporate Electoral Trust, Bharti Electoral Trust, and Satya Electoral Trust.
• All Electoral Trust which existed before the 2013 Electoral Trust Scheme are not required to provide information, only to distribute.
• The details of donors to these six Electoral Trusts remain unknown.
• Single-contributor trusts provide transparency (e.g., Janhit Electoral Trust donating Vedanta's ₹2.5 crore to BJP in 2018-19).
• Multiple-contributor trusts obscure funding sources (e.g., Prudent Electoral Trust receiving from DLF, GMR, Bharti Airtel, and various other companies).

NHRC

• GANHRI represents national human rights institutions and reviews/accredits them under Paris Principles every five years.
• The National Human Rights Commission (NHRC) of India was established in 1993 under the Protection of Human Rights Act (PHRA), 1993.
• NHRC follows the Paris Principles, adopted in 1991 and endorsed by the UN General Assembly in 1993.
• The chairperson of the NHRC must have been a Chief Justice or a Judge of the Supreme Court.
• Act also provides for three members with knowledge of human rights, at least one a woman; changes now include chairpersons of Backward Classes, Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities.

The Foreign Contribution (Regulation) Act

• FCRA governs the acceptance and utilization of foreign contributions.
• It was introduced in 1976 and repealed in 2010 and 2019/20.
• Restrictions: Editors, publishers, cartoonists, judges, candidates contesting elections, and Public Servants cannot accept foreign contributions.
• After 2020: Administrative expenses must be 20%.
• Donations must only be sent to state bank accounts.
• The state can review and renew licenses.
• The government may conduct an inquiry to ensure that the person making the application is a citizen and not intending to spread religious hatred or convert.
• The state can review all registrations and suspend licenses that last a period of 180 days.

LG of NCT of Delhi vs. CM

• Delhi LG has authority over Law & Order, Land, and Police.
• The LG of NCT of Delhi enjoys discretion to summon and prorogue the Delhi Legislative Assembly.
• The LG of NCT of Delhi enjoys discretion to make recommendations to the National Capital Civil Service Authority
• The National Capital Civil Service Authority recommends to the Lieutenant Governor transfers, postings, vigilance, disciplinary proceedings, and prosecution sanctions for Group A officers of All India Services.
• Also includes officers serving the Delhi government, but excludes those connected to police, public order, and land, which are outside the Authority's purview.
• Consists of the Chief Minister, Principal Home Secretary, and Chief Secretary.
• Decisions are based on majority vote with a quorum of two members.

Citizenship Rules

• CAA, 2019 allows India entry based on country criteria A birth or educational certificate works as an "Identity Document of any kind", Land and tenancy records, or "Any other document" issued by these countries.
• Other acceptable documents include direct family lineage proofs. The certificates must meet country criterias to be considered.
• Requirements have been cut down from certificate of education to declaration of declaration from a speaker.

Model Prisons and Correctional Services Act, 2023

• Prisoners can be classified under civil, criminal, convicted, and undertrial categories.
• Sub-categories: drug addicts, first-time offenders, foreign prisoners, those with mental illness, and prisoners sentenced to death.
• Prisons have separate sections for male, female, and transgender individuals.
• Each district must establish an Undertrial Review Committee, headed by the District and Sessions Judge, to periodically review bail eligibility.
• Prisons and Correctional Institutions must ensure heightened watch/surveillance measures to prevent organized crime by using gathered intelligence for inmates.
• State governments will ensure integration of technology.

Cabinet Approval

• In November 2023, the Union Cabinet approved the continuation of the Centrally Sponsored Scheme for Fast Track Special Court (FTSCs) until March 2026.
• The project is expected to have 1,952 crore with the central share being Rs 1,207 crore and the state share being Rs 745 crore from Nirbhaya Fund.
• FTSCs, launched in October 2019 and extended until March 2023, provide dedicated court machinery for victims of sexual crimes.
• Aims to reduce case burden, decrease pending rape/POCSO Act offenses, and offer prompt access to victims via expedited trials.

Zero FIR

• A Zero FIR can be filed when a police station registers a complaint about something in an area that has been committed elsewhere.
• FIR is then transfered to relevant jurisdiction for further investigation.
• The measure was one of key recommendations of the Justice Verma Committee.