Indian Express Editorial Summary

Editorial Topic :  A Welcome Message by the Supreme Court

GS-2 Mains Exam : Polity

Revision Notes

 

Note: Today’s editorials are solely for informational updates; direct questions cannot be formulated

The recent Supreme Court decision on the bail granted to Prabir Purkayastha, editor of Newsclick. The case highlights the importance of fundamental legal principles and due process.

Key Principles Upheld:

• Bail not jail: The Supreme Court emphasized the presumption of innocence until proven guilty. This principle is often diluted in cases under special laws like UAPA (Unlawful Activities Prevention Act).
• Article 22(1): This article guarantees certain rights to arrested individuals, including being informed of the grounds for arrest and having access to legal counsel.

The Newsclick Case:

• Purkayastha was accused of serious offenses under UAPA.
• The state argued against bail due to the seriousness of the charges.
• The Supreme Court ruled in favor of Purkayastha, citing Article 22(1).
• He was not informed of the arrest grounds in writing, violating his fundamental right.

Significance of the Judgement:

• Upholds Fundamental Rights: The Court reaffirms that even in UAPA cases, basic rights cannot be ignored.
• Importance of Due Process: Legal procedures, like providing arrest grounds, are crucial and cannot be bypassed.
• Curbs on “Alternate Justice System”: The judgement cautions against a separate system for “heinous” crimes that neglects due process.

Rise in Cases Under Special Laws

• UAPA Cases: Increased by 23% in 2022 compared to previous years (NCRB data).
• PMLA Cases: Grew by 450% in the first 3 years of the current government’s second term compared to the same period in the first term (NCRB data).

Conclusion:

• The Supreme Court acts as a guardian of individual rights.
• This judgement reminds investigating agencies to follow proper procedures.

Additional Notes:

• The Court’s decision doesn’t comment on the merits of the case against Purkayastha or Newsclick.

 

Additional Information ( Arora IAS)

1.UAPA Explained: Unlawful Activities (Prevention) Act

The Unlawful Activities (Prevention) Act, or UAPA, is an Indian law designed to combat terrorism and other unlawful activities.

What it Does:

• Empowers the government to designate individuals and organizations as terrorists.
• Allows for preventive detention of individuals suspected of involvement in unlawful activities.
• Provides special procedures for investigating and prosecuting terrorist offenses.

Key Features:

• Broad Definition of Unlawful Activity: UAPA goes beyond just terrorism and encompasses acts intended to disrupt India’s territorial integrity, sovereignty, or security.
• Preventive Detention: The law allows authorities to detain individuals for up to 18 months without trial if they are suspected of involvement in unlawful activities. This provision has been criticized for violating due process rights.
• Designation of Terrorist Organizations: The government can declare an organization as terrorist if it believes it is involved in terrorism. This designation can have severe consequences for the organization and its members.
• Special Courts: UAPA cases are tried in special courts with faster procedures compared to regular courts.
• Seizure of Property: The law allows authorities to seize property suspected of being used for financing terrorism.

Criticisms:

• Potential for Abuse: The broad definition of unlawful activity and the provision for preventive detention raise concerns about potential misuse by the government.
• Violation of Due Process: Critics argue that preventive detention undermines the presumption of innocence.
• Impact on Freedom of Expression: The law has been used to target activists and journalists, raising concerns about its impact on freedom of expression.

2.Article 22(1) of the Indian Constitution 

Article 22(1) is a fundamental safeguard against arbitrary arrest and detention in India. It guarantees certain rights to individuals who are arrested, ensuring a fair and just legal process. Let’s break it down:

What it Protects:

• Right to be Informed: This guarantees that anyone who is arrested must be informed of the grounds for their arrest “as soon as may be.” This means they should be told the reason for their arrest promptly, without unnecessary delay.
• Right to Consult a Lawyer: The arrested person has the right to consult and be defended by a legal practitioner of their choice. This ensures they have access to legal advice and representation throughout the process.

Why it’s Important:

• Prevents Arbitrary Arrests: By requiring authorities to inform individuals of the arrest reasons, Article 22(1) discourages baseless arrests and detainment.
• Ensures Fair Trial: Access to a lawyer empowers the arrested to understand their rights, prepare a defense, and potentially challenge the arrest’s legality.

Landmark Cases:

• D.K. Basu vs. State of West Bengal (1997): This case established detailed guidelines for police officers during arrest and detention, including providing a written arrest memo with the grounds for arrest.
• Pankaj Bansal vs Union of India (2023): Here, the Supreme Court emphasized that furnishing a written copy of the arrest grounds is mandatory even under the Prevention of Money Laundering Act (PMLA), highlighting the importance of Article 22(1) across various laws.

Criticisms and Challenges:

• Delay in Informing: Sometimes, informing the arrested person about the grounds for arrest might be delayed due to ongoing investigations. This creates a tension between the right to information and the need for effective investigation.
• Access to Lawyer: While the right to legal counsel exists, ensuring access, especially for financially disadvantaged individuals, remains a challenge.

Conclusion:

Article 22(1) is a cornerstone of protection against arbitrary arrest and detention in India. It empowers individuals and promotes a fair legal system. However, ensuring its effective implementation and addressing access-related challenges remain ongoing tasks.

 

 

Indian Express Editorial Summary

Editorial Topic : The Age of Stupid

GS-4 Mains Exam : Ethics (Value)

Revision Notes

Main Idea: We live in an age where stupidity is more visible and influential.

Decline of Institutions:

• Traditionally, institutions (like universities) were trusted sources of knowledge.
• They attracted brilliant minds who collaborated and advanced knowledge.
• Now, leadership in these institutions lacks integrity and courage, leading to:
  • Lower quality intellectual output.
  • Difficulty adapting to rapid societal changes.
  • Loss of public trust.

Rise of Social Media Influencers:

• The decline of institutions creates a gap in intellectual leadership.
• Social media fills this gap, but with a focus on popularity, not deep knowledge.
• Influencers shape public opinion on shallow topics (consumption, lifestyle)
• This “gospel of stupid” emphasizes constant visibility over critical thinking.

Result: Public discourse is filled with superficiality, not serious engagement.

How Institutions Choose Leaders:

• Moral relativism and partisanship influence who gets picked.
• Leaders prioritize navigating internal politics over brilliance and moral courage.
• Nominations favor the status quo, not innovative thinkers.

Consequences of Poor Leadership:

• Illiberalism and suppression of dissent rise.
• Lowered intellectual standards lead to societal stagnation.

Opportunists Thrive in the Age of Stupidity:

• Infotainment, media fragmentation, and political polarization allow bad ideas to spread.
• Money and power interests support opportunists who promote nonsense.
• Loss of authority by traditional gatekeepers like universities allows nonsense to be mainstream.

Exploiting the Age of Stupidity:

• No real effort from powerful institutions to address the issue.
• Some use public disengagement for their own gain.
• Others exploit the wave of stupidity for personal benefit.

The Bottom Line: This isn’t just about a lack of intelligence, it’s a crisis of values.