REGISTRATION OF BIRTHS AND DEATHS (AMENDMENT BILL) 2023
1. Context
Rajya Sabha on Monday passed a Bill that allows the use of a birth certificate as a single document for admission to an educational institution, issuance of a driving licence, preparation of voter list, Aadhaar number, registration of marriage or appointment to a government job.
2. The Registration of Births and Deaths (Amendment Bill) 2023
- The 1969 Act governs the registration and regulation of births and deaths in India.
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Births and deaths registration is under the Concurrent List, enabling both Parliament and state legislatures to enact laws on the matter.
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As of 2019, national birth registration stood at 93%, and death registration at 92%.
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The Law Commission (2018) suggested incorporating marriage registration within the 1969 Act.
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The Registration of Births and Deaths (Amendment) Bill, 2023 was introduced in Lok Sabha on July 26, 2023.
3. Key Features of the Registration of Births and Deaths (Amendment) Bill, 2023
- Database Enhancement: The Bill proposes establishing a national database for registered births and deaths, maintained by the Registrar-General, India. Chief Registrars and Registrars at the state and local levels will share data with this database.
- Electronic Certificates: Instead of extracts, the Bill allows individuals to obtain birth or death certificates electronically or through other means by searching the Registrar's records.
- Aadhaar Details: The Bill mandates that certain persons reporting births and deaths provide the Aadhaar number of parents and informants. This applies to births in hospitals, jails, hotels/lodges, adoptions, surrogacy, and single/unwed parents.
- Database Sharing: The national and state databases may be shared with other authorized databases like population registers, electoral rolls, and ration cards, subject to central or state government approval.
- Use of Birth Certificates: Birth and death certificates will serve as proof for individuals born after the enactment. They'll be used for purposes like education admissions, voter lists, government appointments, and others specified by the central government.
- Appeal Process: The Bill introduces an appeal process for those dissatisfied with Registrar or District Registrar decisions. Appeals must be made within 30 days, and decisions will be rendered within 90 days by the District Registrar or Chief Registrar.
4. Issues to Consider Regarding the Registration of Births and Deaths (Amendment) Bill, 2023
Constitutional Violation Concern:
- The Bill's provisions could potentially clash with constitutional rights.
Use of Birth Certificate:
- The Bill mandates the use of birth certificates for various purposes, applicable to individuals born after the Bill's enactment.
- School Admission: Requiring birth certificates for school admissions may infringe upon the fundamental right to education (Article 21A). The Right to Education Act, of 2009, allows admission based on birth certificates or other prescribed documents, with no denial based on age-proof absence.
- Right to Vote: Article 326 guarantees voting rights for citizens aged 18 and above. Non-possession of birth certificates isn't among the mentioned disqualifications, which include non-residence, unsound mind, or criminal activity.
Potential Violations:
- The provision's rigidity may unintentionally hinder citizens' exercise of their constitutional rights, like accessing education and voting.
- Denying admission to children without birth certificates could impede their entire educational journey, contrasting the Right to Education Act's intent.
- Requiring birth certificates for voting, which isn't a listed disqualification, could limit individuals' access to this fundamental right.
Exemption Consideration:
- The Bill lacks exemptions akin to the Right to Education Act, raising concerns about potentially lifelong consequences for individuals whose births aren't registered.
Balancing Regulation and Rights:
- While the Bill aims to enhance registration and database management, striking a balance between these goals and safeguarding fundamental rights is imperative.
5. Concerns over Linking Aadhaar with Birth Records
Right to Privacy:
- The Bill links the Aadhaar details of parents and informants (e.g., doctors, jailors) to birth certificates.
- Right to Privacy Recognition: Supreme Court (2017) acknowledged the right to privacy as fundamental, with certain reasonable restrictions.
- Right to Privacy Violation: Connecting the Aadhaar of medical officers to all newborns or SHOs to abandoned children might disproportionately breach their privacy rights.
Aadhaar Judgement Violation:
- Aadhaar Act 2016 as Money Bill: The Aadhaar judgement (Puttaswamy 2018) treated Aadhaar Act as a money bill, limiting its use to government benefits and services.
- Violation Implications: Linking Aadhaar to birth certificates could potentially breach the judgement's principles, similarly to striking down Aadhaar for bank accounts and mobile phone connections.
- Marriage Registration Case: In a 2016 case involving marriage registration under Delhi's Executive Order, the Central Information Commission stated that Aadhaar wasn't mandatory based on a 2015 Supreme Court interim order on Aadhaar.
Implications:
- Privacy Balancing: Balancing the utility of linking Aadhaar with birth records against potential privacy violations is a challenge.
- Aadhaar Judgement Consistency: Ensuring that Aadhaar linking aligns with the principles and limitations set forth by the Aadhaar judgement is essential for upholding citizens' rights.
6. Birth Certificate as Sole Proof of Age: Implications and Discrimination Concerns
- Conclusive Age Proof: The Bill designates birth certificates as exclusive and conclusive evidence for determining age and birthplace in various situations.
- Consequences of Absence: Lack of a birth certificate might render individuals ineligible for voting, school admission, marriage, and government jobs without alternatives.
- Lack of Alternatives: The Bill doesn't offer alternative methods to establish age if birth certificates are missing.
- Centralization of Authority: Giving birth certificate issuers sole authority to influence individuals' life decisions can lead to potential corruption risks and misuse of power.
7. Discrimination against Vulnerable Children
- Delayed Registration Conditions: The Bill permits delayed birth registration under specific conditions, requiring permission from District Registrar, fees, and documentation.
- Inadequate Consideration: This approach could disadvantage children in need of care and protection, who might lack birth certificates due to unique circumstances (e.g., running away, natural disasters).
- Violating Juvenile Justice Act: Provisions of the Bill might violate the Juvenile Justice Act (2015), which emphasizes social reintegration and rehabilitation for vulnerable children.
- Court's Position: The Supreme Court (2021) highlighted evidence alternatives for age determination, including school or matriculation certificates and medical age tests under the Juvenile Justice Act, 2015.
- Bill's Shortcoming: The Bill does not present any alternative proof of age if a birth certificate is unavailable.
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For Prelims: Registration of Births and Deaths (Amendment) Bill, 2023, Law Commission, Supreme Court, High Court, Juvenile Justice Act, Aadhar Act, 2016, Article 326, Right to Vote.
For Mains: 1. Discuss the implications of the Registration of Births and Deaths (Amendment) Bill, 2023's provision that established birth certificates as the exclusive and conclusive proof of age and birthplace for various purposes. (250 words).
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Previous year Questions1. Consider the following statements: (UPSC 2020)
1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
Which of the statements given above is/are correct?
A. 1 and 4 only
B. 2 and 4 only
C. 3 only
D. 1, 2 and 3 only
Answer: B
2. Consider the following statements: (UPSC 2018)
1. Aadhaar card can be used as proof of citizenship or domicile.
2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
3. The identity platform 'Aadhar' provides open "Application Programming Interfaces (APIs)" What does it imply? (UPSC 2018)
1. It can be integrated into any electronic device.
2. Online authentication using iris is possible.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
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Source: PSR Legislative Research
SELECT COMMITTEE
1. Context
Recently, A Controversy has erupted in the Rajya Sabha over the appointment of members to a Select Committee to examine the Delhi Services Bill.
Five MPs have complained that their names were included in the proposed committee without their consent.
2. About Select Committee
- India’s Parliament has several types of committees which discharge different functions. 12 Standing Committees are permanent, with their members nominated from time to time by the Chairman.
- Then there are ad hoc or temporary committees, which are set up for a specific purpose, such as examining a particular Bill, and are dissolved once that purpose has been served.
- A Select Committee belongs to this category. However, while it is temporary, the procedure it is to follow is laid down in the Rules of Procedure.
- Under Rule 125 of the Rajya Sabha Rules and Procedures, any member may move an amendment that a Bill be referred to a Select Committee.
| According to the Rajya Sabha rules, “The Select/Joint Committees on Bills are constituted by the House(s) on a specific motion moved by the Minister-in-charge of the Bill or any member and adopted by the House to consider and report on Bills as referred to them from time to time.” A Joint Committee has members from both Lok Sabha and Rajya Sabha. |
- The motion to refer a Bill to a Select Committee can either be moved by the member in charge of the Bill, or by any other MP, as happened in the case of the Delhi Services Bill.
3. Selection procedure of members for the Select Committee
| According to the Rajya Sabha rules, “On a motion moved in and adopted by the House, Bills are from time to time referred to Select Committees, the members on which are specifically named in the motion… The members of the Select Committee on a Bill are appointed by the House when the motion that the Bill be referred to a Select Committee is made… No member is appointed to a Select Committee if he is not willing to serve on the Committee. The mover has to ascertain whether the member proposed by him is willing to serve on the Committee.” |
- Thus, while the rules do say that a proposed member’s consent has to be taken before he can serve on a Select Committee, they do not specifically mention collecting signatures of those whose names have been proposed.
- The actual number of members of the Select Committee is not fixed; it varies from Committee to Committee.
- If it is a Joint Committee, the proportion of members from the Rajya Sabha and the Lok Sabha is 1:2.
- The Chairman of the Committee is appointed by the Chairman of the Rajya Sabha from among the members of the Committee.
- The member or Minister in charge of the Bill is generally included as a member of the Committee.
4. The function and the purpose of the Select Committee
- The quorum for each sitting needs to be one-third of the total number of members of the committee.
- In case of equality of votes on any matter, the chairman (or any other person presiding) will have a second or casting vote.
- A select committee may appoint a sub-committee to examine any special points connected with the Bill. The report will be signed on behalf of the committee by the chairman.
- Any member can record dissent. The report, along with notes of dissent, will be presented to the Rajya Sabha, printed and circulated among all members.
- The Committee’s job is to go through the text of the Bill, clause by clause, to see that the Bill reflects the intention behind the measure and that the object proposed to be achieved is adequately brought out.
- The Committee may, for this purpose, invite memoranda from or take oral evidence of experts or interested persons and organisations.
- The Committee may also ask the Government officials to explain the policy behind the various provisions of the Bill and to supply it with such information and background material as may be required by it.
- After hearing the evidence, the Committee considers the various provisions of the Bill and formulates its conclusions and may amend the clauses, etc. of the Bill to bring about the intention.
- The Committee may also visit organisations and institutions, etc. for on-the-spot study of a matter connected with the Bill.
5. Impact of the Select Committee Report
- The report of the committee is recommendatory. The government can choose to accept or reject its recommendations.
- A Select Committee can also include its version of the Bill. If they do so, the minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.
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For Prelims: Select Committee, Parliament, Prelivage Committee, Delhi Services Bill, Ad hoc committees, temporary committees,
For Mains:
1. What is Select Committee? Discuss its role and significance in the legislative process, highlighting its temporary nature and the procedure for its establishment. (250 Words)
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Previous Year Questions
1. Consider the following statements: The Parliamentary Committee on Public Accounts (UPSC 2013)
1. consists of not more than 25 members of the Lok Sabha.
2. scrutinizes appropriation and finance accounts of the Government.
3. examines the report of the Comptroller and Auditor General of India.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 3 only D. 1, 2 and 3
Answer: B
2. Which one of the following statements about 'Privilege Committee' is not correct? (MPSC 2020)
1. Rule No. 222 of the Lok Sabha and 187 of the Rajya Sabha governs privilege. '
2. In the Lok Sabha, the Speaker nominates a Committee of Privileges consisting of 15 members.
3. In the Rajya Sabha, the Deputy Chairperson heads the Committee of Privileges, that consists of 15 members.
4. None of the above
Answer: 3
3. Which of the following statements with regard to the privileges of the Members of the Parliament are correct? (CDS GK 2020)
1. Privileges would not be fettered by the Article 19(1)(a) of the Constitution of India.
2. Privileges must be read subject to the Articles 20-22 and Article 32 of the Constitution of India.
3. Immunity is available in relation to both civil and criminal prosecution.
4. Immunity is available in relation to freedom of speech even in his /her private or personal capacity.
Select the correct answer using the code given below.
A. 1, 2 and 4 B. 1 and 2 only C. 2 and 3 D. 1 and 4 only
Answer: B
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Source: The Indian Express
NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) BILL, 2023
1. Context
The contentious Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which replaces the ordinance on control of services in the Capital and gives sweeping powers to the Lt Governor and bureaucrats, got Parliament's seal of approval when it cleared Rajya Sabah, four days after its passage in Lok Sabha.
2. About the 69th Constitutional Amendment Act of 1991
- The 69th Constitutional Amendment Act of 1991 is an amendment to the Constitution of India that gave the Union Territory of Delhi a special status.
- The amendment renamed the Union Territory of Delhi as the National Capital Territory of Delhi (NCT) and created a 70-member legislative assembly and a 7-member council of ministers for the NCT.
- However, the amendment also stipulated that the Lieutenant Governor of Delhi, who is appointed by the President of India, would have control over certain matters, such as public order, police and land.
2.1. Provisions of the Amendment
- The NCT has the power to make laws on any of the subjects in the State List or the Concurrent List (Except public order, police and land).
- The laws made by the NCT Assembly must be reserved for the consideration of the President of India.
- The President of India may give directions to the NCT Assembly on matters of public interest.
3. Articles 239 AA and 239 AA of the Constitution
3.1. Article 239AA
This article provides that the NCT shall have a legislative assembly consisting of not more than 70 members and a council of ministers headed by a chief minister.
The Lieutenant Governor of Delhi shall be the head of the NCT and he shall have control over certain matters, such as public order, police and land.
The legislative assembly of the NCT shall have the power to make laws on any of the subjects in the State List or the Concurrent List (except public order, police and land).
However, any law made by the legislative assembly of the NCT must be reserved for the consideration of the President of India.
The President of India may give directions to the legislative assembly of the NCT on matters of public interest.
3.2. Article 239AB
This article provides that the President of India may, by order, suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as may be specified in such law.
The President may make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the NCT by the Provisions of Article 239 and Article 239AA.
4. Comparison between the National Capital Territory of Delhi (NCTD) and other Union Territories
The National Capital Territory of Delhi (NCTD) and other Union Territories (UTs) in India have different administrative and governance structures based on their historical, geographical and political contexts.
| NCTD | Other UTs | |
| Legislative Assembly and Executive Power |
under Article 239AA of the Constitution, has a Legislative Assembly and a Council of Ministers responsible for a wide range of subjects, including education, health, transport, and other areas.
However, certain subjects like police, public order, and land are under the control of the Lieutenant Governor (LG).
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Most other UTs do not have a Legislative Assembly or an elected government.
They are directly administered by the President of India through an administrator appointed by the Central Government.
The administrator exercises executive authority on behalf of the President.
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| Special Provisions and Governance |
Delhi has a unique status with partial statehood, allowing it to have its own Legislative Assembly and government.
The LG has discretionary powers over certain matters and can refer disputes to the President.
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Most UTs have a more centralized governance structure.
The Central Government has significant control over these UTs, and decisions are often made by the Central authorities.
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| Representation in Parliament |
Delhi has representation in both houses of Parliament – Lok Sabha (House of the People) and Rajya Sabha (Council of States).
It elects its members to the Lok Sabha and has a share of seats in the Rajya Sabha.
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Most UTs do not have representation in the Rajya Sabha.
They have limited representation in the Lok Sabha, where some UTs are allocated a single seat.
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| Police and Law Enforcement | The Delhi Police is responsible for law enforcement in the NCTD, and the LG exercises control over it. | In other UTs, law and order are generally handled by central police organizations like the Indian Police Service (IPS) and other central law enforcement agencies. |
| Administrative Control | While Delhi has its own government and legislative powers, certain key areas remain under the control of the Central Government due to its status as the national capital. | The Central Government has direct administrative control over most UTs. |
| Local Governance | Delhi is divided into administrative units called "districts" and has local governance bodies such as Municipal Corporations. | Similar local governance bodies exist in some UTs, while others are administered directly by the Central Government. |
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For Prelims: National Capital Territory of Delhi (Amendment) Bill, 2023, Article 239AA, Article 239AB, 69th Constitutional Amendment Act
For Mains:
1. The Government of the National Capital Territory of Delhi (Amendment) Bill, 2023 has raised significant debates about the distribution of powers and authority within Delhi's administrative framework. Comment (250 Words)
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Previous Year Questions
1. The Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which was passed in March 2021 amended the Government of National Capital Territory of Delhi Act, ______. (SSC CGL 2022)
A. 1998 B. 1991 C. 1996 D. 1994
Answer: B
2. Article 239AA of Indian Constitution confers special status on which of the following territories? (MP Vyapam AAO 2018)
A. NCT of Delhi B. Daman and Diu C. Puducherry D. Jammu and Kashmir
Answer: A
3. Which amendment of the Indian Constitution gave Delhi an assembly? (DSSSB TGT 2021)
A. 76 B. 69 C. 61 D. 73
Answer: B
4. Which among the following amendments to the Constitution of India, designated Delhi as National Capital Territory (NCT)? (IB ACIO Grade II 2015)
A. 63rd Amendment Act
B. 69th Amendment Act
C. 74th Amendment Act
D. 76th Amendment Act
Answer: B
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Source: indianexpress
MISSION INDRADANUSH
1. Context
As per HMIS 2022-23, 6 States/UTs have achieved 100% full immunization Coverage (FIC) whereas 17 States have achieved FIC of more than 90%
2. Mission Indradanush
Mission Indradhanush is a national immunization program launched by the Government of India in December 2014. The goal of Mission Indradhanush is to achieve full immunization coverage of children up to 2 years of age and pregnant women in India.
Mission Indradhanush (MI) is a special catch-up campaign under the Universal Immunization Program (UIP), conducted in the areas of low immunization coverage to vaccinate all the children and pregnant women left out or dropped out from Routine Immunization
3. Vaccination for the Dieseases
The name "Mission Indradhanush" symbolizes the seven colors of the rainbow, representing the seven diseases targeted by the program:
- Diphtheria
- Whooping cough (Pertussis)
- Tetanus
- Polio
- Tuberculosis (TB)
- Measles
- Hepatitis B
4.Intensified Mission Indradanush
4.1.Intensified Mission Indradanush 5.0
- Intensified Mission Indradhanush (IMI) 5.0, the vaccine catch-up campaign, which focusses on reaching zero-dose children aged between 0 and 5 years and pregnant women who might have missed any vaccine doses in the national immunisation schedule
- All children in the 0-23 months age group, who might have missed Measles-Rubella vaccine, DPT booster or OPV booster doses and those in the 2-5 years age group who may be fully or partially unimmunised, will be administered the vaccine
- All health workers, including doctors, have been given district and State-level training and the cooperation of other departments have been ensured.
- The details of those who are administered the vaccine will be reported at the district and State-level
4.2.Intensified Mission Indradanush 4.0
- Intensified Mission Indradhanush 4.0 (IMI 4.0) is a national immunization campaign launched by the Government of India in February 2022.
- The goal of IMI 4.0 is to reach children up to two years of age and pregnant women who are not fully immunized in 416 districts across 33 states/union territories in India.
- IMI 4.0 is a follow-up to the earlier phases of Mission Indradhanush, which have been successful in increasing immunization coverage in India.
- However, there are still some gaps in immunization coverage, especially in rural and tribal areas. IMI 4.0 aims to fill these gaps and achieve full immunization coverage in India.
4.3.Intensified Mission Indradanush 3.0
- Intensified Mission Indradhanush 3.0 (IMI 3.0) is a national immunization campaign launched by the Government of India in February 2021.
- The goal of IMI 3.0 is to reach children up to two years of age and pregnant women who are not fully immunized in 250 districts across 29 states/union territories in India.
- IMI 3.0 is a follow-up to the earlier phases of Mission Indradhanush, which have been successful in increasing immunization coverage in India.
- However, there are still some gaps in immunization coverage, especially in rural and tribal areas. IMI 3.0 aims to fill these gaps and achieve full immunization coverage in India
4.4.Intensified Mission Indradanush 2.0
- Intensified Mission Indradhanush 2.0 (IMI 2.0) was a national immunization campaign launched by the Government of India in December 2019.
- The goal of IMI 2.0 was to reach children up to two years of age and pregnant women who were not fully immunized in 272 districts across 27 states.
- IMI 2.0 was a follow-up to the earlier phases of Mission Indradhanush, which have been successful in increasing immunization coverage in India.
- However, there were still some gaps in immunization coverage, especially in rural and tribal areas. IMI 2.0 aimed to fill these gaps and achieve full immunization coverage in India
5.Universal Immunisation Program
The Immunization Programme in India was introduced in 1978 as ‘Expanded Programme of Immunization (EPI) by the Ministry of Health and Family Welfare
The Universal Immunisation Programme (UIP) is a national immunization program launched by the Government of India in 1985.
It is one of the largest public health programs in India and aims to provide all children up to 1 year of age with free and compulsory immunization against 12 vaccine-preventable diseases.
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For Prelims: Mission Indradanush, Universal Immunisation Program For Mains:1.Explain the objectives and significance of Mission Indradhanush in the context of India's public health. How has the mission contributed to improving immunization coverage and reducing vaccine-preventable diseases? 2.Critically analyze the achievements and challenges of Mission Indradhanush in reaching the last mile and underserved populations. What strategies can be adopted to further enhance the program's effectiveness and impact? |
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Previous Year Questions 1. 'Mission Indradanush' launched by the Government of India pertains to (UPSC CSE 2016) A.Immunisation of children and pregnant women B.Construction of smart cities across the country C. India's own search for the Earth-like planets in outer space D. New Education Policy Answer-A |
Source: pib, The Hindu
LANGUAGES USED IN COURT
1. Context
Earlier this week, the Supreme Court observed that although there are at least 22 official languages in the country, Hindi is “the national language”.
2. Transfer Petition for Motor Accident Case Jurisdiction
Background:
- A transfer petition was presented before the top court concerning a motor accident case that took place in Siliguri, West Bengal.
- The petition sought to move the case from the MACT (Motor Accident Claims Tribunal) in Uttar Pradesh (UP) to the one in Darjeeling, West Bengal.
- Filed under Section 166 of the Motor Vehicles Act, 1988, which deals with compensation applications in accident cases resulting in injuries or death.
Section 166 (2) Provision:
- Section 166 (2) of the 1988 Act permits claimants to approach the MACT within their local jurisdiction or where they reside or conduct business.
- The claimants had opted for the MACT in Farrukhabad, UP, which was legally permissible.
Court's Decision:
- The top court rejected the transfer plea in its order dated July 31.
- Language barrier contention was raised, claiming that witnesses from Siliguri might struggle due to language differences.
- The court dismissed this argument, stating that India's diversity includes various languages, but Hindi is the national language.
- The court emphasized that witnesses should communicate their version in Hindi before the MACT in Fatehgarh, UP.
- Accepting the petitioner's contention could disadvantage claimants who might not be able to convey their version effectively in Bengali.
3. Is Hindi India's national language?
- India boasts over 100 languages and 270 mother tongues spoken across the country.
- Notably, the Constitution doesn't designate any single language as India's "national language".
- Article 343, Clause 1 states that Hindi in Devanagari script is the official language of the Union.
- Additionally, it specifies the international form of Indian numerals for official purposes.
- Article 351 outlines a directive to the Union for promoting Hindi's spread and development.
- Hindi should become a medium of expression for India's composite culture.
- This directive must be carried out while preserving the unique features, forms, styles, and expressions used in Hindustani and other languages listed in the Eighth Schedule of the Constitution.
4. Eighth Schedule of the Indian Constitution
- The Eighth Schedule of the Indian Constitution is a crucial component that recognizes and lists various languages that hold significance in the country's diverse linguistic landscape.
- It encompasses languages from different regions and communities, reflecting India's cultural richness and pluralism. The inclusion of languages in the Eighth Schedule signifies their recognition and protection at the national level.
- The Eighth Schedule originally contained 14 languages at the time of the Constitution's adoption in 1950. Over the years, the list has expanded to accommodate more languages.
- Languages listed in the Eighth Schedule are safeguarded by the Constitution, ensuring their promotion and development. They enjoy a level of official recognition in various aspects of governance, administration, and communication.
- The inclusion of a language in the Eighth Schedule underscores the government's commitment to its preservation and growth. States have the authority to adopt policies aimed at encouraging the education and use of these languages.
- The Eighth Schedule has been amended several times to include additional languages based on demands arising from linguistic communities and regions. These amendments reflect the evolving linguistic landscape of India.
- The languages in the Eighth Schedule span multiple language families and origins. They represent different states and union territories, contributing to the mosaic of languages spoken across the nation.
- While Hindi is the official language of the Union as per Article 343, the Eighth Schedule languages also hold official language status in various states and union territories, depending on the linguistic demographics.
5. Status of English in India: Official Language and Constitutional Provisions
- Official Language Status: English is one of the two official languages of the central government in India, the other being Hindi.
- Article 343(2) Provision: Article 343(2) of the Indian Constitution outlines that English will continue to be used for all official purposes of the Union for a period of fifteen years from the commencement of the Constitution (January 26, 1950).
- Continuation Beyond 15 Years: However, on January 26, 1965, Section 3 of the Official Languages Act, 1963 was enacted. This section allowed for the continued use of the English language for official purposes of the Union and within the Parliament, even after the initial 15-year period specified in Article 343(2).
- Parliament's Authority: According to Article 343(3), Parliament has the authority to enact laws to decide the use of either the English language or the Devanagari form of numerals for specific purposes beyond the initial 15-year period.
- Language Options: Article 343(3) empowers Parliament to legislate regarding the use of English or Devanagari numerals for specific purposes as mentioned in the law.
6. Language Usage in Courts: Article 348 of the Indian Constitution
- Article 348 (1) Provision: Until Parliament decides otherwise, all proceedings in the Supreme Court, High Court, and official documents like Bills, Acts, Ordinances, rules, and orders at both Union and State levels shall be in English.
- Article 348(2) Exception: Article 348 (2) allows the use of Hindi or any other language employed for state official purposes in proceedings of High Courts situated in that state. This is authorized by the Governor and requires prior consent from the President.
- Language for Judgement: While proceedings can be conducted in different languages as per Article 348 (2), any judgment, decree, or order issued by the High Court must be in English.
- Hindi use Example: In 2022, the Law Minister mentioned that the Rajasthan High Court permitted the use of Hindi in its proceedings based on Article 348 (2).
- Official Languages Act, Section 7: This section addresses the optional use of Hindi or the state's official language in Judgements of High Courts. Upon Governor's authorization with the President's consent, both Hindi and the state's language can accompany the English language in Judgements.
- Translation Requirement: If Hindi or the state's language is used, an English translation, authorized by the High Court, is mandatory as per section 7 of the Official Languages Act.
7. Way Forward
- The Cabinet Committee decided that the Chief Justice of India's (CJI) consent is necessary for any proposal involving languages other than English in High Courts.
- Following this, Hindi use was approved in Uttar Pradesh (1969), Madhya Pradesh ( 1971), and Bihar (1972) High courts after consulting the CJI, as stated by Kiren Rijiju on April 7, 2022.
- Various states including Gujrat, Chhattisgarh, West Bengal, Karnataka, and Tamil Nadu, approached the Central government and CJI to allow their regional languages in High Courts. However, all such proposals were declined by the Supreme Court's full court after discussions.
- In May 2022, Prime Minister Narendra Modi emphasized promoting local languages in courts due to the challenge a significant portion of the population faces in comprehending judicial procedures and court rulings.
- (Then) CJI N V Ramana acknowledged the need but suggested gradual implementation over time rather than an abrupt change.
- Kiren Rijiju advocated the incorporation of regional languages in court activities and educational initiatives.
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For Prelims: MACT (Motor Accident Claims Tribunal), Motor Vehicles Act, 1988, Article 343, Article 351, Article 343(2), Article 343(3), Article 348 (2), Eighth schedule of the Indian Constitution, Chief Justice of India's (CJI).
For Mains: 1. Discuss the evolving discourse on the use of regional languages in Indian High Courts. Examine the historical developments, government initiatives, and judicial considerations surrounding the issue. (250 words).
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Source: The Indian Express
NATIONAL NURSING AND MIDWIFERY COMMISSION (NNMC) BILL, 2023
1. Context
In a landmark move aimed at bringing transformative changes to the nursing education and practice landscape, the Parliament has passed the National Nursing and Midwifery Commission (NNMC) Bill, 2023. The Act will replace the existing Indian Nursing Council with a modern regulatory structure, marking a significant legislative reform in the sector.
2.National Nursing and Midwifery Commission (NNMC)
The National Nursing and Midwifery Commission (NNMC) Bill, 2023 is a landmark legislation that aims to reform the nursing and midwifery education and profession in India. The Bill was passed by the Parliament of India on August 8, 2023, and it will come into force on a date to be notified by the government.
The NNMC Bill replaces the Indian Nursing Council Act, 1947, which was the existing law governing nursing education and practice in India
The new Bill introduces several key reforms, including:
- The establishment of a National Nursing and Midwifery Commission (NNMC) to regulate and maintain standards of nursing education and services.
- The creation of three autonomous boards under the NNMC to oversee undergraduate and postgraduate education, assessment and rating, and professional conduct and ethics.
- The introduction of a common entrance test for admission to undergraduate nursing courses.
- The establishment of a national register of nurses and midwives.
- The power of the NNMC to de-recognize institutions and professionals that do not meet the required standards.
The NNMC Bill is a significant step towards improving the quality of nursing education and practice in India.
It is expected to lead to a more skilled and competent nursing workforce, which will be essential to meet the growing healthcare needs of the country.
3. Key features of the bill
Here are some of the key features of the NNMC Bill, 2023:
- Establishment of the National Nursing and Midwifery Commission (NNMC): The NNMC will be a statutory body that will be responsible for regulating and maintaining standards of nursing education and services in India. It will consist of 29 members, including a chairperson, 16 ex-officio members, and 12 members appointed by the central government.
- Creation of autonomous boards: The NNMC will have three autonomous boards:
- The Nursing and Midwifery Undergraduate and Postgraduate Education Board will be responsible for regulating education and examination at undergraduate and postgraduate levels.
- The Nursing and Midwifery Assessment and Rating Board will be responsible for providing the framework for assessing and rating nursing and midwifery institutions.
- The Nursing and Midwifery Ethics and Registration Board will be responsible for regulating professional conduct and promoting ethics in the profession.
- Common entrance test for admission to undergraduate nursing courses: The NNMC will conduct a common entrance test for admission to all undergraduate nursing courses in India. This will help to ensure that only the most qualified candidates are admitted to nursing programs.
- Establishment of a national register of nurses and midwives: The NNMC will maintain a national register of nurses and midwives. This register will list all qualified nurses and midwives in India, and it will be used to verify the credentials of nurses and midwives.
- Power of the NNMC to de-recognize institutions and professionals: The NNMC will have the power to de-recognize institutions and professionals that do not meet the required standards. This will help to ensure that only high-quality nursing education and care are provided in India.
4. Way forward
The NNMC Bill, 2023 is a comprehensive and ambitious piece of legislation that will have a major impact on the nursing and midwifery profession in India. It is expected to lead to a more skilled and competent nursing workforce, which will be essential to meet the growing healthcare needs of the country
Source:pib
