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A RIGHT TO FAIRNESS
Syllabus:
GS-2:
Governance, constitution, and polity.
Why in the news?
The Supreme Court’s Newsclick verdict emphasises due process, marking a significant step in safeguarding individual rights against arbitrary state power.
source:slideshare
Focus:
- Context:The recent Supreme Court verdict in the Newsclick case, delivered by Justices Sandeep Mehta and BR Gavai, underscores the significance of due process.
- SC Order: Directed release of NewsClick founder Prabir Purkayastha.
- Legal Issues: Involved FCRA violations, arrest under UAPA.
- SC Ruling: Deemed arrest and remand “illegal”.
- Concerns Raised: Highlighted issues of due process and constitutional rights.
- The implications of the verdict, shedding light on the nuanced understanding of due process and its historical context.
About the Supreme Court Verdict on Newsclick Case:
- Judges Involved: Justice Sandeep Mehta and Justice BR Gavai.
- Significance: The 41-page judgement emphasises the importance of due process.
- Case Details: Prabir Purkayastha, Newsclick founder-editor, was arrested without being informed of the grounds, violating Article 22 of the Constitution.
- Critical Distinction: The SC drew a line between “reasons of arrest” (common to all) and “grounds of arrest” (specific to the individual). The absence of written grounds makes the arrest and detention illegal.
| Understanding Foreign Contribution Regulation Act (FCRA):
❖ Purpose: Regulates foreign contributions to prevent foreign influence on Indian matters. ❖ Enactment: Originally passed in 1976, modified in 2010. ❖ Scope: Covers donations in articles, currency, securities from foreign sources. ❖ Requirements: Registration with MHA, designated bank account in SBI Delhi. ❖ Eligibility: Individuals, associations, companies with cultural, economic, educational, religious, or social programs. ❖ Usage Restrictions: Funds used for stated purpose; max 20% for administrative expenses. ❖ Penalties: Registration cancellation, suspension, and fund freezing; appeals allowed in High Court. About Unlawful Activities Prevention Act (UAPA): ❖ Passed in 1967 to prevent unlawful activities in India. ❖ Targets actions threatening territorial integrity and sovereignty. ❖ Grants central government power to declare activities unlawful. Key Provisions of UAPA: ❖ Allows for the death penalty and life imprisonment. ❖ Applies to both Indian and foreign nationals. ❖ Investigating agency must file a charge sheet within 180 days. ❖ The 2004 amendment added “terrorist act” to offences, banning 34 outfits. Recent Amendments and Developments: ❖ The 2019 amendment allows designation of individuals as terrorists. ❖ Empowers NIA Director General for property seizure/approval. v NIA officers of Inspector rank or above can investigate terrorism cases. |
Understanding Due Process:
- Importance of Due Process:
- Due process is not merely a procedural requirement but a cornerstone of a civilised society, ensuring fairness, reasonableness, and non-arbitrariness in the exercise of state power.
- The verdict delineates between the “reasons of arrest,” common to all arrested individuals, and the “grounds of arrest,” specific to each case, emphasising the necessity of communicating the latter in writing.
Historical Context of Due Process:
- Magna Carta (1215):
- Introduced procedural rights for nobles, emphasising lawful judgement by peers or law of the land.
- American Influence:
- The Fifth Amendment (1791) and Fourteenth Amendment cemented due process in the US Constitution, ensuring life, liberty, and equality.
- Misconception:
- Due process is not just procedural but includes fairness, reasonableness, and non-arbitrariness.
Evolution of Due Process in India:
- Colonial Period:
- The Indian National Congress in 1918 called for revoking laws that allowed detention without due process.
- Constitutional Debates:
- Initial Inclusion: The Drafting Committee initially included “due process” but later replaced it with “procedure established by law.”
- Opposition and Removal: Members like C. Rajagopalachari and B. N. Rau opposed the clause, fearing it would limit legislative power.
- Ambedkar’s Attempt: Despite efforts, the Constituent Assembly ultimately adopted a narrower scope for Article 21.
| What is Due Process of Law ?
❖ Requires fair and reasonable procedures. ❖ Governments must pass just, fair, and reasonable laws. ❖ SC can declare laws unconstitutional if they violate due process. ❖ Fundamental rights in India, protecting life, liberty, and property. |
Post-Independence Judicial Stance:
- Regressive Judgments: Early SC rulings like K. Gopalan (1950) and ADM Jabalpur (1976) undermined due process by stressing procedural technicalities.
- Shift in Jurisprudence: The Bank Nationalisation case (1970) and Maneka Gandhi (1978) recognized due process as part of the right to life and liberty.
- Constitutional Amendments: The 44th Amendment (1978) made the right to life and personal liberty non-derogable, even during emergencies.
Current Scenario:
- Preventive Detention Laws: Despite advancements, India retains stringent preventive detention laws, with over 12,000 individuals detained under such laws in
- SC’s Recent Stance: In Pramod Singla (2023), the SC criticised preventive detention laws as a colonial legacy and stressed strict adherence to procedural requirements.
| Understanding Article 22: Safeguards against Arbitrary Arrest and Detention:
❖ Rights under Ordinary Law: ➢ Informed of grounds of arrest. ➢ Right to consult and be represented by a lawyer. ➢ Produced before a magistrate within 24 hours. ➢ Detention beyond 24 hours only by magistrate’s order. Article 22(1):Protection against arrest and detention in certain cases ❖ Arrested persons must be promptly informed of the reasons for their arrest. ❖ They have the right to consult and be defended by a lawyer of their choice. What is Preventive Detention? ❖ Preventive Detention: ❖ Detention without trial to prevent future offences. ❖ Limited to three months unless extended by the advisory board. ❖ Aimed at preventing potential harm to society. ❖ Authorised based on suspicion of criminal activity. ❖ Protection Under Article 22: ❖ Grants protection to arrested or detained individuals. ❖ Two parts: ordinary law cases and preventive detention law cases. ❖ Types of Detentions: ❖ Preventive detention: Based on suspicion of future criminal activity. ❖ Police are authorised to detain suspects without warrant in certain cases. ❖ Punitive detention: Punishment for committed or attempted crimes. |
Challenges and Way Forward:
- Despite judicial pronouncements, preventive detention laws remain a contentious issue in India, with concerns about their abuse and lack of due process safeguards.
- The non-notification of crucial amendments, such as those related to preventive detention, underscores the need for sustained efforts to uphold due process in practice.
Conclusion:
The SC verdict in the Newsclick case serves as a beacon for upholding fairness and justice in the application of state power.The SC’s judgement in the Newsclick case reaffirms the fundamental protection under Article 22(1) of the Constitution, ensuring individuals are promptly informed of arrest grounds.The verdict emphasises meaningful communication of arrest grounds, reinforcing the need for transparency and fairness in detention practices.By reiterating the importance of due process, the judiciary reaffirms its commitment to safeguarding fundamental rights, setting a precedent for future cases and legislative reforms.
Mains Practice Question:
Discuss the significance of the Supreme Court’s verdict in the Newsclick case with respect to the adherence to due process of law. How does this verdict impact the interpretation of fundamental rights in India? Illustrate your answer with historical context and constitutional debates. (250 words)
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