Supreme Court will decide if private properties can be considered ‘material resources of the community’ under Article 39 (b) of the constitution. 

• Article 39(b) in the Directive Principles of State Policy (DPSP) says that “the state shall, in particular, direct its policy towards securing- that the ownership and control of the material resources of the community are so distributed as best to subserve the common good”. 
• The court will also ponder upon the legal sanctity of Article 31C of the Constitution in the wake of the Minerva Mills judgment.
  • Article 31C protects a law made under Articles 39(b) and (c) empowering the State to take over material resources of the community, including private properties, for distribution to subserve the common good.
    • Article 39(c) states that “the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment”.
  • In the Minerva Mills case of 1980, SC had declared two provisions of the 42nd Amendment which restricted the Judicial Review, as unconstitutional.
    • any constitutional amendment from being 'called in question in any court on any ground' and 
    • accorded precedence to the Directive Principles of State Policy over the fundamental rights of individuals.

Recently, the Election Commission of India invoked Article 329(b) of the Constitution before the Supreme Court to limit judicial intervention in the electoral process.

• As per 329(b), no election to either House of Parliament or to the either House of the Legislatures of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.
  • The articles 324 to 329 of the Indian Constitution, which are enshrined in Part XV, specifically deal with the provisions related to elections.
• Supreme Court in N. P. Ponnuswami vs Returning Officer, Namakkal Constituency & Ors. (1952) states that once the Election Commission of India officially notifies the election process, the court cannot intervene or interfere.
• Also, under Representation of the People Act (1951), Section 80 states that, the validity of any election cannot be challenged or questioned except by filing an election petition.
  • Election petitions are filed in the concerned state's High Court, which has original jurisdiction over them.
  • Appeals lie with the Supreme Court of India.
  • An election petition can be filed by any candidate, or an elector relating to the election personally.
    • Elector means a person who was entitled to vote at the election to which the election petition relates.

Election Commission told the Supreme Court the rules do not permit sharing Form 17C data with any entity apart from polling officials. 

Form 17 C 

• It is associated with the directions under Conduct of Election Rules, 1961. 
• Its 1st part provides information related to the number of: 
  • eligible voters assigned to the booth, electors in the register of voters, 
  • voters who decided not to exercise their franchise, 
  • voters not allowed to vote

• Its 2nd part contains information like the name of the candidate and the total votes they received. 

Silence Period was observed in the states where Lok Sabha elections were held. 

• The silence period is a ban on political campaigning before voting. 
• It begins 48 hours before the voting day and ends after polling ends. 
• Some prohibitions under the Representation of People Act 1951 during this period (however the Act does not use the term silence period): 
  • Section 126 (1) prohibits displaying any election matter using television or similar apparatus, or propagation of election matters through any entertainment (like musical concert).
  • Section 126A prohibits conducting Exit polls and displaying their result (using print or electronic media).
  • Section 126(1)(b) prohibits displaying the results of any Opinion Poll (in any electronic media).

India ranked 159 among 180 countries in annual WPFI 2024.

• It is released by Paris based Reporters Without Borders (RSF), one of the world’s leading NGOs in defense and promotion of freedom of information. 
• It is published on World Press Freedom Day (3 May).
• Theme: “A Press for the Planet: Journalism in the face of the Environmental Crisis”.

About WPFI 2024

• Top 3 rankers are Norway, Denmark and Sweden.
• Based on 5 indicators- Political, Economic, Legislative, Social and Security.

Recently, the vice-chancellor appointment in state universities saw a clash between University Grants Commission (UGC) regulation 2018 and state legislation.

UGC Regulation 2018 

• UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures For the Maintenance of Standards In Higher Education, 2018
  • Empowered under University Grants Commission Act, 1956, UGC enacted the regulation.

Regulation is applicable on

• All universities established under Central, Provincial or State Acts.
• All colleges and institutions affiliated to or recognized by the UGC in consultation with the respective university.
• All institutions deemed to be universities by the UGC.

Selection Of Vice Chancellor of Universities

• A Search-cum-Selection Committee will identify a panel of 3-5 suitable candidates.
• One member of the Search cum Selection Committee shall be nominated by the Chairman of UGC, for selection of Vice Chancellors of State, Private and Deemed to be Universities.
• The Vice-Chancellor to be appointed should be a distinguished academician, with a minimum of 
  • ten years of experience as Professor in a University system or 
  • ten years of experience in an equivalent position in reputed research and / or academic administrative organization.

Supreme Court in Gambhirdan K. Gadhvi v. State of Gujarat & Ors (2022) judgement stated that

• Being a subordinate legislation, UGC Regulations becomes part of the UGC Act (1956).
• As 'education' falls under the Concurrent List (List III) of the Seventh Schedule of the Constitution, both the central and state governments have the power to legislate on this subject.
  • In the event of a conflict between state legislation and central legislation, the central legislation shall take precedence by invoking the rule/principle of repugnancy as outlined in Article 254 of the Constitution. 
• Not part of verdict, but as per rule/principle of repugnancy, if a state law on a concurrent list contradicts an existing central law, the state law shall prevail in that state, provided it received the President's assent after being reserved for his consideration.
• Therefore, any appointment as a Vice Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions.

One of the incumbent Members of Parliament fled to Germany on a diplomatic passport after allegations of sexual abuse.

Diplomatic passports

• Eligibility: Issued to designated members authorised by the Government of India. These persons could be 
  • Those living or having been granted a diplomatic status; or 
  • Government officials proceeding abroad on diplomatic assignments or for official purposes.
• Validity period: 5 years or less.
• Issuance: External Affairs Minister has the discretion to issue a Diplomatic Passport to a person if the person, in the opinion of the minister, should have such a Passport either 
  • because of the nature of his or her foreign mission or 
  • because of the position he or she holds or has held in the past.

Advantage

• Immunity: Holders of such passports are entitled to certain privileges and immunities as per international law, including immunity from arrest, detention, and certain legal proceedings in the host country.
• Exemption from Visa requirement in some countries: Typically, MEA also issues visa notes to Indian Government officials going abroad for an official assignment or visit.
  • However, India has Visa Waiver Agreements for the holders of diplomatic passports with Germany along with 33 other countries. 
  • This agreement allows Indian diplomatic passport holders to visit these countries without a visa for up to 90 days.