Patna HC upholds Bihar caste-based survey (GS Paper 2, Judiciary)
Why in news?
- Recently, the Patna High Court upheld the caste-based survey being conducted by the Bihar government.
- In May, the Patna HC itself had stayed the caste survey on the grounds that the state was not competent to conduct the caste survey.
Background:
- In January, the Bihar government began conducting a survey of households to collect and publish data on caste with the aim of “ensuring all-round development of all sections of the State.”
- The second stage of the survey was to end in late May, but the survey was halted after the Patna High Court stayed it.
- Expressing concerns on the right to privacy, which has been held to be a facet of the right to life under Article 21 by the SC in its 2017 ruling in Justice KS Puttaswamy vs Union of India, the Bench had directed the state to “immediately stop the caste-based survey and ensure that the data already collected” is “secured and not shared with anybody till final orders are passed.”
The grounds for challenge:
- The caste survey was challenged under two significant grounds: that it violated a citizen’s fundamental right to privacy and that the state had no power to carry out such a survey.
Right to privacy:
- Responding to the petitioner’s argument that the right to privacy of those being surveyed will be infringed due to the queries concerning their religion, caste, and monthly income, the court referred to the triple-requirement test laid down in Puttaswamy, reiterating that permissible restrictions can be imposed on the fundamental right, in the state’s legitimate interests, provided they are proportional and reasonable.
- Over the security concerns raised in the interim order, the Court accepted the Bihar government’s counter-affidavit, saying that the survey has a foolproof mechanism with no chance of any kind of data leakage.
- The disclosures “are voluntary” and aimed at “bringing forth development schemes for the identified backward classes”, the court clarified that the data collected is not for “taxing, branding, labeling or ostracizing individuals or groups” but to “identify the economic, educational and other social aspects of different communities/classes/groups, which require further action by the State” for their upliftment.
Competence:
- The petitioners claimed that only the Union government can conduct a “census”. The legislative, and by extension, executive, powers of the Centre and States are divided into three lists found in the Constitution’s Seventh Schedule.
- Among these, Entry 69 of the Union List contains the Centre’s exclusive power to conduct a “census”. They also relied on Article 246, which deals with the Parliament’s power to exclusively legislate “on any of the matters enumerated in List I in the Seventh Schedule”.
States’ power under Entry 94:
- The Bihar government argued that even in 2011, a caste census was conducted by the Centre, the details of which weren’t disclosed, under Article 73, which states that the Centre’s power extends to matters on which Parliament has the power to make laws.
- It also pointed out that Entry 45 of the Concurrent List, containing subjects over which both the Centre and the states can legislate, is similar to Entry 94 of the Union List, as both confer powers to collect statistics for verifying details, to achieve the economic and social planning goals listed under Entry 20 of the Concurrent List.
Rajya Sabha passes Jan Vishwas (Amendment of Provisions) Bill, 2023
(GS Paper 2, Governance)
Why in news?
- The Jan Vishwas (Amendment of Provisions) Bill, 2023 was passed in Rajya Sabha recently.
Background:
- The Bill was first introduced in Lok Sabha on 22nd December 2022. Subsequently, it was referred to the Joint Committee of the Parliament.
- The Joint Committee held detailed discussions with all the 19 Ministries/Departments along with Legislative Department and Department of Legal Affairs.
Details:
- Committee made 7 general recommendations which provide advice and guidance for future decriminalization efforts.
- One of the recommendations include constitution of a group consisting of legal professionals, industry bodies, members of bureaucracy and regulatory authorities, etc. to examine other acts and carry out exercise similar to the Jan Vishwas (Amendment of Provisions) Bill, 2023.
- Working group has been constituted as per the recommendation of the Committee.
- Through The Jan Vishwas (Amendment of Provisions) Bill, 2023, a total of 183 provisions are being proposed to be decriminalized in 42 Central Acts administered by 19 Ministries/Departments. Decriminalization is proposed to be achieved in the following manner:
- Both Imprisonment and/or Fine are proposed to be removed in some provisions.
- Imprisonment is proposed to be removed and fine retained in few provisions.
- Imprisonment is proposed to be removed and Fine enhanced in few provisions.
- Imprisonment and Fine are proposed to be converted to Penalty in some provisions.
- Compounding of offences is proposed to be introduced in few provisions.
Measures for implementation:
For effective implementation of the above, the bill proposes measures such as
- pragmatic revision of fines and penalties commensurate to the offence committed;
- establishment of Adjudicating Officers;
- establishment of Appellate Authorities; and
- Periodic increase in quantum of fine and penalties
Significance:
- The Amendment Bill will contribute to rationalizing criminal provisions and ensuring that citizens, businesses and the government departments operate without fear of imprisonment for minor, technical or procedural defaults.
- The nature of penal consequence of an offence committed should be commensurate with the seriousness of the offence. This bill establishes a balance between the severity of the offence/violation committed and the gravity of the prescribed punishment.
- The criminal consequences prescribed for technical/procedural lapses and minor defaults, clog the justice delivery system and puts adjudication of serious offences on the back burner. Some of the amendments proposed in the Bill are to introduce suitable administrative adjudication mechanisms, wherever applicable and feasible.
- Decriminalization of provisions which affect citizens and certain categories of government employees will help them live without the fear of imprisonment for minor violations.
- The enactment of this legislation would be a landmark in the journey of rationalizing laws, eliminating barriers and bolstering growth of businesses.
Parliament passes Mines and Minerals (Development & Regulation) Amendment Bill, 2023
(GS Paper 2, Governance)
Why in news?
- The Rajya Sabha has passed the Mines and Minerals (Development and Regulation) Amendment Bill, 2023 for making amendments to the Mines and Minerals (Development and Regulation) Act, 1957.
- The Bill was passed by the Lok Sabha.
Earlier amendments to MMDR Act, 1957:
- The MMDR Act, 1957 was comprehensively amended in 2015 to bring several reforms in the mineral sector, notably,
- mandating method of auction for grant of mineral concessions to bring transparency in allocation of mineral resources,
- for establishing District Mineral Foundation (DMF) for the welfare of the people and areas affected by mining and
- for establishing National Mineral Exploration Trust (NMET) to give thrust to exploration and for ensuring stringent penalty for illegal mining.
- The Act was further amended in 2016 and 2020 to address specific emergent issues and was last amended in 2021 to bring further reforms in the sector, such as, removing the distinction between captive and merchant mines, transfer of statutory clearances to ensure continuity in mining operations even with change of lessee, removing the restrictions on transfer of mineral concessions, lapsing of rights of non-auctioned concession holders which have not resulted in mining leases to ensure that concessions to private sector are only granted through auction etc.
Major reforms introduced by Mines and Minerals (Development and Regulation) Amendment Bill, 2023:
- Omission of 6 minerals from the list of 12 atomic minerals specified in Part-B of the First Schedule of the Act, namely, Lithium bearing minerals, Titanium bearing minerals and ores, Beryl and other beryllium bearing minerals, Niobium and Tantalum bearing minerals and Zirconium-bearing minerals.
- Empowering Central Government to exclusively auction mineral concessions for critical minerals specified in Part D of the First Schedule of the Act. Revenue from these auctions will accrue to concerned State Government.
- Introducing exploration licence for deep-seated and critical minerals
Omission of 6 minerals from the list of 12 atomic minerals specified in Part-B of the First Schedule of the Act:
- The Bill provides to remove certain minerals from the list of atomic minerals, viz. minerals of lithium, beryllium, titanium, niobium, tantalum and zirconium are technology and energy critical having use in space industry, electronics, technology and communications, energy sector, electric batteries and are critical in net-zero emission commitment of India.
- Demand of minerals like lithium used in lithium-ion batteries is likely to increase manifold as the focus shift towards clean energy.
- Currently, the country is dependent on imports for most of these important minerals as there is not much exploration or mining of these minerals due to existing legal provisions. These minerals have high economic importance and considerable supply risk due to geo-political uncertainties.
- Upon removal of these minerals from the list of atomic minerals, exploration and mining of these minerals will be open to private sector.
Empowering Central Government to exclusively auction mineral concessions for certain critical minerals:
- Another major amendment passed by the Parliament is to empower the Central Government to exclusively auction mining lease and composite licence for certain critical minerals viz. molybdenum, rhenium, tungsten, cadmium, indium, gallium, graphite, vanadium, tellurium, selenium, nickel, cobalt, tin, platinum group of elements, minerals of “rare earth” group (not containing Uranium and Thorium); fertilizer minerals such as potash, glauconite and phosphate (without uranium) and minerals being removed from the list of atomic minerals.
- Only 19 blocks of minerals have been auctioned so far by the State Government viz. graphite, nickel and phosphate out of 107 blocks handed over to the various State Governments.
- Even though auction would be conducted by the Central Government, the mining lease or composite licence for these minerals to the successful bidders will be granted by the State Government only and the auction premium and other statutory payments shall continue to be received by the State Government.
Introducing exploration licence for deep-seated and critical minerals:
- Even though 100% foreign direct investment (FDI) is allowed in mining and exploration sector through automatic route, currently there is no significant FDI received in these sectors.
- The Bill introduces provisions for grant of a new mineral concession, namely, Exploration Licence (EL), in the Act. The exploration licence granted through auction shall permit the licencee to undertake reconnaissance and prospecting operations for critical and deep-seated minerals mentioned in the newly proposed Seventh Schedule to the Act.
- These minerals are copper, gold, silver, diamond, lithium, cobalt, molybdenum, lead, zinc, cadmium, elements of the rare earth group, graphite, vanadium, nickel, tin, tellurium, selenium, indium, rock phosphate, apatite, potash, rhenium, tungsten, platinum group of elements and other minerals proposed to be removed from the list of atomic minerals.
- Preferred bidder for exploration licence shall be selected through reverse bidding for share in auction premium payable by the mining lease (ML) holder. Bidder quoting lowest percentage bid shall be preferred bidder for exploration licence. This amendment is expected to provide conducive legal environment for attracting FDI and junior mining companies in the country.
- The blocks explored by the Exploration Licence holder can be directly auctioned for mining lease, which will fetch better revenue to the State Governments. The exploration agency would also benefit by getting a share in the auction premium payable by the lease holder.
- Involvement of private agencies in exploration would bring advanced technology, finance and expertise in exploration for deep-seated and critical minerals.
