Q.1) Law pertaining to Criminal Defamation must be scrapped. Comment. 15 marks (250 words)
Why this question:
Recently the Madras High Court quashed several criminal defamation proceedings moved by the state government against media houses,
S 499 of IPC deals with law of criminal defamation
Right to Freedom of Speech and Expression its link with Defamation
Arguments for and against Criminal defamation:
Arguments against Criminal Defamation
Arguments in Favour of Criminal Defamation
Against the spirit of Article 19 as even truth is not a defence, it must be supported with public good.
Proponents say Article 19(2) nowhere mentions protection from criminal liability if restrictions on right are violated by individual
Section 499 allows for imprisonment for statements made even against the dead, which some consider to be excessive.
Sections 499/500 have four explanations and 10 exceptions which help in tackling frivolous complaints
Many developed countries including the U.K has now restricted it to a civil liability.
Mere misuse or abuse of law, actual or potential, can never be a reason to render a provision unconstitutional.
The conviction rates is case of murder, dowry etc.. cases is also not very high
A criminal suit can be filed even for political speech which might be used to settle political scores
Citizens due to their economic vulnerabilities are sometimes unlikely to have enough liquidity to pay damages for civil defamation.
It unnecessarily overburdens the courts
It is not expressly clarifies that why civil remedies are not enough to curb defamation
With Subramanian swamy Versus Union of India judgement and balancing right to free speech with right to reputation.
Q.2) Adherence to legal rules and regulation is one sided view of the concept of Justice. The justice should be compassionate too. Discuss in the context of migrant workers crisis during COVID-19 lockdown.
Keywords for Answer
- Set the context of migrant crisis amid Nationwide lockdown.
- Can also state a fact regarding internal migration.
- Discuss the rules framed for such workers in brief like Special trains, NDMA Act provision to use the corpus for welfare purpose, Free ration, etc..
- Focus upon the stress issues of migrants like livelihood, health
- Briefly present a case that how legality is in contravention with the welfare like Centre rules for fares to be borne by destination states
- What the apex court had ruled in this regard: restrained from giving direction to Central/State governments, ruling on different PILs
- Case of Karnataka High Court: Questioned the legality of Karnataka government's devision to stop shramik trains in case of no payment made by destination states: Compassion for migrants
Can conclude by briefly reminding the concept of justice. Apex court as the guarding of the Constitution, can also cite ADM Jabalpur case.
Q.3) Seeing the importance of Western Ghats, the question that needs speedy resolution is how much of the Western Ghats can be demarcated as ecologically sensitive. Discuss (15marks - 250words)
Why this question? - Union Minister of Environment, Forest and Climate Change recently interacted with Chief Ministers, Cabinet Ministers & State Government Officers of six states to discuss issues relating to notification of Ecologically Sensitive Area (ESA) pertaining to Western Ghats.
Intro - One can start by highlighting the importance of WGs and urgent needs to protect them.
Body - Mention about the recommendations of Gadgil and Kasturirangan Committees and their criticism.
Way ahead - For balancing environmental and developmental needs broad consultation between different stakeholders is the need of the hour.
Conclude - Recent floods in the states of Kerala, Karnataka is a wake up call for governments to expedite the process of demarcation of ESA to protect both ecology and livelihood.
Q.4) Recently, IBA have requested the central govt to set up a 'bad bank' to reduce the impact of the losses .In the light of this statement, define a bad bank and discuss its feasibility.
Why this question:
- The IBA has requested the central govt to set up a 'bad bank' to reduce the impact of the losses banks will face because of provisioning for NPAs.
Define bad bank: A bad bank is a structure that moves the distressed and illiquid assets of a bank into another entity through regulatory structures such as asset reconstruction companies (ARCs), alternative investment funds (AIFs) and asset management companies (AMCs).
- Once it is formed, banks divide their assets into two categories (a) one with non-performing assets and other risky liabilities and (b) others with healthy assets, which help banks grow financially.
Give argument in for and against to discuss its feasibility in India.
Argument against Bad Bank:
- Reduces transparency: By forcing the government, in its capacity as the owner of multiple banks, to set up a bad bank and buy distressed assets at “book value" is setting up a way to build opaqueness in its dealing with bad loans.
- Bad precedent: if a bank owner wants to own an ARC and move bad loans from the bank to the ARC, what precedent does that set for other banks and non-banks to also seek an ARC of their own.
- Capital as biggest challenge: Only few Public Sector banks are allowed to raise capital from the capital market.
Suggest some ways to resolve the NPA crisis and based on the arguments given conclude your answer.