The Hindu Newspaper Analysis

Editorial Topic : Is Immunity for the President and Governors Absolute?

 GS-2 Mains Exam : Polity

Revision Notes

Question : Examine the scope of immunity granted to the President and Governors under Article 361 of the Indian Constitution. What are the primary protections offered, and how has the Supreme Court interpreted these provisions?

The Case

• A significant legal question has arisen regarding the scope of immunity granted to the President and Governors under Article 361 of the Indian Constitution.
• The case was initiated by a contractual employee of Raj Bhavan who accused the West Bengal Governor of sexual harassment.
• She alleged that the police had dismissed her complaint citing the immunity clause.

The Immunity Clause

Article 361 provides two primary immunities for the President and Governors:

• Non-answerability: They cannot be sued in court for their official actions.
• Criminal immunity: No criminal proceedings can be initiated against them during their term of office.

While the first immunity has been interpreted by the Supreme Court to not be absolute, the extent of the second immunity is now under scrutiny.

Challenging the Immunity

• The petitioner argues that the blanket criminal immunity is unconstitutional as it violates fundamental rights like equality and the right to a fair trial.
• She contends that the police’s inability to investigate her complaint due to the Governor’s immunity leaves her without recourse.

The Court’s Role

• The Supreme Court is examining whether the criminal immunity is absolute or if there are exceptions.
• The Court is also considering if the police can initiate investigations, including recording statements, even if formal charges cannot be filed during the Governor’s tenure.

Implications

• The outcome of this case will significantly impact the balance between the executive’s authority and the rights of citizens.
• It raises a fundamental question: Can individuals holding the highest constitutional offices be shielded from accountability for alleged criminal actions?

 

The Hindu Newspaper Analysis

Editorial Topic : Budget 2024: A Visionary Blueprint or a Lackluster Implementation Plan?

 GS-3 Mains Exam : Economy

Revision Notes

Question : Critically analyze the Union Budget 2024’s approach to fiscal consolidation. How did the government manage to reduce the fiscal deficit to 4.9% of GDP, and what are the implications of focusing on the debt-to-GDP ratio reduction by FY2026?

A Focus on Intent Over Implementation

• The Union Budget 2024 presented a clear vision for India’s development trajectory, outlining nine priority areas for achieving the ambitious goal of a ‘Vikasit Bharat’ by 2047.
• While the Finance Minister’s speech was commendable in its clarity and focus on key issues like unemployment, the budget fell short in providing concrete details on how these goals would be realized.

Fiscal Consolidation and Continuity

• The budget adhered to a path of fiscal consolidation, with a reduction in the fiscal deficit to 4.9%.
• This was largely achieved through the utilization of surplus funds from the Reserve Bank of India.
• The government also committed to reducing the fiscal deficit to below 4.5% by FY2026, shifting the focus from deficit reduction to debt-to-GDP ratio reduction.

Concerns on Expenditure

• Despite a marginal increase in overall expenditure, the budget allocated only modest increments to most expenditure items, with some even witnessing a decline.
• Effective capital expenditure, crucial for economic growth, also showed a downward trend.
• This raises concerns about the government’s capacity to spend effectively and leverage the multiplier effect of public investments.

Boosting Consumption and Employment

The budget proposed two primary strategies to stimulate demand and create employment:

• Tax relief: Minor adjustments to the new income tax regime aimed to increase disposable income for a section of taxpayers. However, given the robust indirect tax collections, there was scope for more substantial tax reliefs to boost consumption and savings.
• Employment generation: The budget outlined initiatives like internships, incentives for hiring first-time employees, and support for MSMEs to create jobs. However, the effectiveness of these measures in addressing the complex challenges of the labor market remains questionable.

Omissions and Way Forward

• The budget notably lacked details on crucial sectors like railways, PLI schemes, Gati Shakti, and education.
• A more balanced approach towards urban and rural development, as well as a clear distinction between jobs and internships, is essential.
• While the budget presented a visionary outlook, it fell short in providing a clear roadmap for achieving its ambitious goals.
• To realize the vision of a ‘Vikasit Bharat’ by 2047, the government will need to translate its intentions into concrete actions and address the implementation challenges effectively.