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Way Forward

Restrict online content on strict grounds well defined in law.

Put responsibility on social platform to self-filter hate speech.

ex: Non-bias in algorithm.

Legal tools to ensure compliance in a measured way

ex: IT Rules, 2021

Doctrine of Proportionality as laid down in Puttaswamy (2017).

Thus, online content must be moderated only to promote national security and allowed to progress to ensure 'Samvaad se Samriddhi'.

The recent case involving the discovery of cash at Justice Y. Varmma's house has brought focus to SC's in-house procedure.

Advantage of Procedure to Investigate Allegations

Ensures non-inter ference of executive to political bias.

ex: Enquiry by other Judge

Keen application of Judicial Mind

ex: No passivity unlike police who may feel burdened to exonerate.

Flexibility in Procedure allows detailed investigation.

ex: As laid down in the K. Veeraswami case.

Foster completion of inquiry facilitates quicker justice

ex: Justice Varma case already considering for impeachment.

Procedure is Fallacious and Undesirable

Violates the principles of natural justice.

ex: Judiciary cases being heard by colleagues - biased allegations.

No transparency in methods adopted

ex: Public right to know is violated with closed seal documents

Doctrine of checks and balance flouted.

ex: No accountability for acts of commission/omission

Has no legal backing to it.

ex: Judiciary involved doctrine.

Way Forward:-

Open publication of findings

ex: Builds public trust in the procedure adopted.

Appointing a Judicial Ombudsman

ex: To check the Judiciary

Comprehensive mechanism to inquire allegations of corruption.

Strict action for dereliction of duty

ex: DCP not registering FIR

The Bangalore Principles of Judicial Conduct should guide behaviour in this direction.

The uproar over exclusion of 65 lakh people from electoral rolls in Bihar and allegations of voter fraud have renewed calls for Aadhar-Voter ID linkage.

Aadhar-Voter ID linkage As a Solution

Check the duplication of voting IDs

ex: One voter at 4 rolls allegations.

Ensure the principle of 1 person, 1 vote

ex: In line with universal adult franchise principle

Ease of verification for citizens

ex: Near-Universal availability of Aadhar Card.

Aadhar-Voter ID linkage - Not a Perfect Measure

Aadhar got proof of citizenship

ex: Reason for excluding aadhar from Bihar SIR.

Easy forging of Aadhar cards

ex: Possible manipulation and entry of fake voters.

Universality of Aadhar-Surveillance RatKo

ex: State could track voting activity and punish punitively.

Promote formation of representative govt.

ex: By presenting voter manipulation

Easy transferability for future migration

ex: Digital records present manual tampering.

Aadhar-Voter ID linkage - Not a Perfect Measure

Aadhar got proof of citizenship

ex: Reason for excluding aadhar from Bihar SIR.

Easy forging of Aadhar cards

ex: Possible manipulation and entry of fake voters.

Universality of Aadhar-Surveillance RatKo

ex: State could track voting activity and punish punitively.

Over-reliance on a single document.

ex: Renders PAN, Voter ID redundant.

Chances of Data theft and privacy risk.

ex: 600 mn vaccination records leaked.

Way Forward

By Systematized investigation into allegations of voter fraud.

ex: Restore Voter trust.

Robust data protection/purpose, limitation

ex: DPDP Act

Principle of presumption of citizenship.

ex: To avoid harassment.

The sanctity of electoral process must be upheld to ensure India's tag of, 'Mother of Democracy'

Lateral Entry into civil services was devised as a mechanism to attract expert talent to complement policymaking.

Lateral Entry - if Reformative step

Attract best minds in the sector to contribute to public policy.

ex: Raghuram Rajan, from RBI GVU.

Ensure fresh zeal and new approach in bureaucratic orientation.

ex: Intent Secretary Lateral Appointment.

Custom on red tapism and discs.

Adhoc nature of appointments.

ex: No listing on the number or percentage of posts.

Limited to very few positions.

ex: Non-materialization of Deputy Secretary Lateral entry.

Political interference (selection)

ex: Allegations of favoritism in selection of candidates.

Non-accountable nature due to short-term

ex: 2 years - difficult to fix responsibility in long project.

Allow a whole-of-society approach

ex: Through PPP models in governance.

Attracts Criticism and Controversy

Adhoc nature of appointments.

ex: No listing on the number or percentage of posts.

Limited to very few positions.

ex: Non-materialization of Deputy Secretary Lateral entry.

Political interference (selection)

ex: Allegations of favoritism in selection of candidates.

Non-accountable nature due to short-term

ex: 2 years - difficult to fix responsibility in long project.