Daily Current Affairs – 22nd April 2021
Topics/Highlights
- Article 311(2)(C) of the Constitution
- SC paves way for ad-hoc judges in HCs.
- World Press Freedom index
Focus
1. Article 311(2)(C) of the Constitution
In News
Many of the government employees were found to have expressed their political opinion regarding the Kashmir conflict in public space.
Official data says that many of the government officials were involved in anti-India demonstrations, and also expressing anti-national sentiments on social media.
Under provision (c) to Article 311 (2):
- Where the President is satisfied that the retention of a public servant can hamper the security of the state, his/her services can be terminated without the normal course procedure prescribed under Article 311 (2).
- The satisfaction referred to in the proviso is the subjective satisfaction of the President about the expediency of not giving an opportunity to the employee concerned in the interest of the security of the State.
- The clause doesn’t require the reasons for satisfaction be recorded in writing.
- This means that the President’s power is unfettered in this case and cannot be made justifiable.
Is compulsory retirement/suspension a form of punishment?
- Bansh Singh vs State of Punjab – Suspension from services is neither dismissal nor removal, nor a reduction in the rank.
- Thus, if a public servant is held suspended, he cannot claim the constitutional guarantee under Article 311.
- Shyam Lal Vs State of U.P Supreme Court – Compulsory retirement is different from dismissal. Further, removal doesn’t involve any penal consequences. Again, when the government servant is compulsorily retired, s(he) doesn’t lose any part of the benefit s(he) is entitled to because of his part in the service.
- Article 311(1): A civil servant cannot be dismissed/removed by a subordinate authority by which he was appointed.
- Article 311(2): A civil servant cannot be dismissed/removed/reduced in ranks until he has been given an opportunity to show cause against all charges proposed to be taken against him.
Source – The Hindu
2. SC paves way for ad-hoc judges in HCs
In News
The Supreme Court activated Article 224A to push the appointment of retired High Court judges on an ad-hoc basis for a period of 2-3 years. This was done to clear the backlogs to pave the way for appointment of retired High Court judges as ad-hoc ones for a period of two to three years to clear the backlog and came out with guidelines to regulate appointments.
Reasons for high number of pendency in High Courts:
- Government is the biggest litigant
- Only about 0.09% of the GDP of the budget is allocated to the judiciary.
- Practice of Seeking Adjournments.
- Delay in Judicial Appointment.
- Average number of working days is less (80-90 days/year)
Source – The Hindu
3. World Press Freedom index:
In News
- The World Press Freedom Index 2021 has been released by Reporters Without Borders.
Highlights
- Norway topped the index for the fifth time in a row.
- 132 countries are labelled as “very bad” or “problematic”.
- India remained at the 142nd position among 180 countries.
- India was ranked in the “bad” category.
- India was ranked along with Brazil, Mexico and Russia in the “bad” category.
- In 2016, India’s rank was 133, which has steadily climbed down to 142 in 2020.
Prelims Perspective
About World Press Freedom Index:
- Published annually by Reporters Without Borders since 2002
- It is compiled by means of a questionnaire in 20 languages that is completed by experts all over the world.
- This qualitative analysis is combined with quantitative data on abuses and acts of violence against journalists during the period evaluated.
Source – The Hindu
