Overruling its previous two decisions, the Supreme Court of India declared Right to Privacy as a fundamental right protected under Article 21 of the Indian Constitution. The landmark verdict was passed unanimously by a nine-judge constitutional Bench headed by Chief Justice of India J.S. Khehar.

The apex court twice in the past has ruled against right to privacy being a fundamental right. The two cases are as follows:

• M P Sharma & Others vs Satish Chandra & Others on March 15, 1954.
• Kharak Singh vs The State of U.P. & Others on December 18, 1962.

Article 21 – NO PERSON SHALL BE DEPRIVED OF HIS LIFE OF PERSONAL LIBERTY EXCEPT ACCORDING TO PROCEDURE ESTABLISHED BY LAW.

It must be noted here that Right to Privacy is not absolute. Reasonable restrictions can be put on it, according to the need.

About Right to Privacy:

Privacy is a human right to be enjoyed by every human being by virtue of his or her dignified human existence. It needs not to be supported by any instrument or charter. Privacy includes in its core bodily integrity, personal autonomy, right to self-determination, protection from state surveillance, dignity, confidentiality and freedom to dissent or move or think.

International backup:

• Article 12 of the Universal Declaration of Human Rights, 1948 and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), 1966, legally protect persons against “arbitrary interference” with one’s privacy, family, home, correspondence, honour and reputation.
• Article 7 and 8 of the Charter of Fundamental Rights of the European Union, 2012, recognizes the respect for private and family life, home and communications. It also mandates protection of personal data and its collection for a specified legitimate purpose.

Itinerary of the case:

• It all started in 2009 when the UPA government launched its ambitious project under Aadhaar scheme. As a part of the scheme, they started collecting personal details and biometrics of the citizens.
• They even tried to make Aadhaar mandatory for the distribution of the benefits under welfare schemes.
• But it raised concern among the people and they started questioning the move. They termed it as a breach of their privacy and a bunch of petitions were filed against it in the Supreme Court.
• The centre countered that the right to privacy of an “elite few” is submissive to the right of the masses to lead a dignified life in a developing country. They claimed Aadhaar to be a panacea for corruption in public distribution, money-laundering and terror funding.
• Despite Centre’s vigorous plea the apex court made Aadhaar voluntary and removed the mandate to provide an Aadhaar card for availing benefits.
• The government then argued that right to privacy was not explicitly stated in the Constitution as a fundamental right and suggested the court that this matter be heard by a nine-judge bench. They relied on previous judgments, which cited that right to privacy was not a fundamental right and informed the court that no other judgment had overruled the same.
• Hence the Supreme Court constituted a nine-judge constitutional Bench to decide whether Right is Privacy is Fundamental Right or not.

Pros of the judgment:

• It will prove to be another major milestone in aligning our laws with the international ones.
• It will restrict the free hand which state was enjoying till now and hence remove some of the unnecessary inferences by the state. (Ex: Phone tapping to gain political mileage.)
• It will open up the door for some more important discussions and arguments. (Ex: LGBT case, camera surveillance in private space etc.)

Cons of the Judgment:

• It is a jolt in the state’s move in dealing with the leakages in public distribution.
• These type of judgment will fuel more demands thus increasing the number of petitions and burdening the already overburdened court.
• Almost all developed countries in the world keep a track of their citizens by collecting their personal data. It helps keep a check on criminal activities and reduces the number of illegal migration. Such judicial over activism will create more rifts between the judiciary and the executives.

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Codification of Parliamentary Privileges had come into the limelight once again by the recent case of the Karnataka assembly Speaker ordered the imprisonment of two journalists viz. Ravi Belagere of the tabloid Hi Bangalore and Anil Raj of Yelahanka Voice, for a year based on recommendations of its privilege committees. Earlier in 2003, the Tamil Nadu assembly speaker directed the arrest of five journalists for publishing articles that were critical of the AIADMK government.This had led to a widespread criticism as an effort to throttle the media.

Similar kind of punishment for breach of privilege has been a regular affair in India which had drawn the matter to the forefront whether the codification of parliamentary privilege is required or not.

What constitutes Parliamentary privileges

Parliamentary privileges are special rights, immunities etc enjoyed by the member of Parliament and the state legislature, their committees and their individual member.

They are of two kinds viz Collective Privilege enjoyed by house and committee as a whole and Individual Privilege enjoyed by an individual member of parliament and the state legislature.

Source of  Privileges

The Constitution recognises the privileges of Parliament and state legislatures under Articles 105(dealing with privileges of parliament) and 194(dealing with privileges of the state legislature), respectively. These sections protect the freedom of speech of parliamentarians and legislators, insulate them against litigation over matters that occur in these houses, and give powers to define the powers, privileges and immunities of a house, its members and committees Certain privileges, like the freedom of speech within the legislature, are codified under these provisions. On the others, the Constitution says that legislatures enjoy the same privileges as those of the House of Commons until the privileges are “so defined” by the legislatures.

Breach Of Privileges

There is no clearly laid out rules about what constitutes a breach of privileges and what is the corpus of punishment for that.In other words, parliamentary privileges are not codified. In Karnataka, privileges panels often refer to ‘Practice and Procedure of Parliament’ by M N Kaul to define breach of privilege.It means that parliamentarians are the judges in their own cause where chances of the conflict of interest and violation of a fair trial  are clearly sighted.

Judicial Interpretation of Parliamentray Privileges

In ‘Searchlight’ case (I) (M.S.M. Sharma vs. S.K. Sinha, AIR 1959 S.C. 395), Supreme Court held that the power of judicial review, applicable to ordinary law, could not be invoked to challenge an order made under Article 194, a Constitutional provision.

In Keshav Singh’s case, the Supreme Court clarified that Article 21 (Right to Life and Personal Liberty) would be applicable even when Legislatures exercised their powers in respect of their privilege. However, the position regarding Freedom of Speech being subservient to legislative privilege was confirmed.

In Raja Ram Pal v Hon’ble Speaker, Lok Sabha and Ors., (2007) 3 SCC 184, The Supreme  Court held that Fundamental Rights under Articles 20 and 21 could prevail over privileges under Articles 105 and 194. However, no mention was made of rights under Article 19 (1) (a) relating to Freedom of Speech.

In Algaapuram R Mohanraj v Tamil Nadu Legislative Assembly, WP (C) 455 of 2015 examined the issue  The Supreme Court rejected the violations of the Right to Speech, Right to Expression, Right to Life in the case of breach of privileges, it upheld contention regarding violation of the Right to Equality was upheld.

Thus the judiciary had been frequently sucked in the case of parliament’s unbridled power in case of breach of privileges when it comes in conflict with Fundamental Rights.However, without codification, Searchlight Judgement is still applicable which tilts it in favour of Parliament.

Arguments against Codification of Parliamentary Privileges

1.It would challenge the Sovereignty of Indian Parliament.

2.It would lead to judicial scrutiny of privileges especially when it comes in conflict with fundamental rights.

3.It would make the evolution of new privileges very difficult.

4. The members should have the freedom to discharge their functions, including the right to speak and vote within Parliament, without the fear and favour which requires these parliamentary privileges.

Argument in favour of Codification of Parliamentary Privileges

1.  The Constitution implicitly provided for a law to codify privileges and adopted the practice in the House of Commons as a temporary measure. The Constitution says that “In the absence of any law, such privileges would be the same as those enjoyed by the House of Commons at the commencement of the Constitution”.However, this provision was amended in 1978 to state that the privileges would be the same as enjoyed by the Houses of Indian Parliament as on the date of effect of that amendment.

2.Codification would fix the exact limit of the breach of privileges after which no punishment can be inflicted.

3.It would define precisely what constitutes and amounts to a breach of privileges.

4.Relief from the court can be easily available if privileges are codified.

Analysis

In a vibrant democracy Like India where the constitution and not Parliament is sovereign, its high time that parliamentary privileges should be codified for its clear interpretation.In fact, many countries have codified it like Australia.However seeing its misuse in few cases and its clash with fundamental rights especially right to free speech and right to life. There is a need for a law codifying the legislative privileges, define the limits of penal action for breach of privilege and procedures to be followed. The Legislature must use the power to punish for contempt or breach of privilege sparingly, invoking it mainly to protect the independence of the House and not to take away the liberty of critics.

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The Panchayati raj is a South Asian political system mainly in India, Pakistan, Bangladesh and Nepal. It is the oldest system of local government in the Indian subcontinent. The word “panchayat” literally means “assembly” of five wise and respected elders chosen and accepted by the local community. These assemblies settled disputes between individuals and villages.

Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: Gram, Janpad (taluka or block) and Zilla.

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Mahatma Gandhi advocated Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India’s political system. The term for such a vision was Gram Swaraj (“village self-governance”).

The leader of the panchayat was generally called the mukhiya or sarpanch, a position which is elected.

The Vision of Panchayati Raj is to attain decentralized & participatory local self-government through Panchayati Raj Institutions (PRIs). The Mission of the Panchayati Raj is Empowerment, enablement & accountability of PRIs to ensure inclusive development with social justice, and efficient delivery of services.

Panchayats at village levels are expected to perform certain obligatory functions to provide basic services to all the people living in the area. They as constitutional bodies represent the model of community participation and social empowerment. Basic services among others include:

• Primary education
• Primary health·
• Safe Drinking water
• Sanitation and street lighting·
• Environment protection
• Common property resources (CPR) management

The prime objectives of the three tiers Panchayati Raj System are to eradicate poverty, uplift standard of living of people in the rural areas and bring about a healthy society by creating awareness for hygiene, sanitation, and eradication of illiteracy. The state has established a State Election Commissioner to conduct the election of PRIs.

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Panchayati Raj Institutions have emerged as the powerful institutions in bringing about rapid and sustainable development and socio-economic transformation in rural areas. It has an integrated perspective towards improving the quality of lives of rural people and ensuring equity and effective peoples’ participation. Amendment of the Constitution has conferred constitutional status to Panchayati Raj Institutions.

The amendment of the Constitution mandates Government to endow the Panchayati Raj Institutions with such powers and authority as may be necessary to enable them to function as institutions of self-Government. It also provides that powers and responsibility to the preparation of plans for economic development and social justice and implementation of schemes for economic development and social justice as may be entrusted to them including those listed in the 11th Schedule.

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Membership of State Legislature

Important Government Schemes for Poverty Eradication

Important Amendments of the Indian Constitution

Since ancient times district has been the primary unit of the district administration that functions under the charge of a District Officer termed District Collector. India is a democratic welfare State in which there are wide scope of activities for the development of the people and the nation as a whole. District administration, as the part of the people administration, functions within the territorial boundary of the district. In the words of S.S. Khera, “District administration is the total functioning of government.”

In the present scenario, the role of the district administration has increased manifold because of the introduction of new plannings and development functions. It continues to be the hub of the Indian administration as it has to build the country from below. Most recently the nature of the district administration has transformed drastically with the introduction of democratic decentralization and Panchayati Raj.

As the government at the Centre and at the State level cannot implement its policies from the headquarters, the state is divided into territorial divisions and district level.

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Role of the District Administration

The primary concern of the district administration is to ensure public safety, the protection of citizens and all their rights. It comprises the maintenance of law and order and the administration of criminal and civil justice.

In the field of revenue administration, it has a significant role that includes land revenue, irrigation charge, agriculture income, tax levied, excise duties, entertainment tax etc. Along with these, the administration of treasury, land reforms, land acquisition, land management, land records, etc. also fall within the ambit of the district administration.

All the development policies and programmes in the field of agriculture, cooperation and industry along with the special programmes launched to strengthen and develop weaker sections of the society are implemented by the district administration vigorously. One of the major roles of the district administration is to ensure people’s participation in planning and execution of development of schemes. Its one of the major functions involves the ensurance of the supply of essential commodities to the people living in remote villages. It has also got the responsibility to help people in times of natural calamities and disasters.

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The District Collector

The office of the District Collector or Deputy Commissioner, who as the chief representative of the government is the king-pin of the administration, is the result of a long process of evolution. The office of the district collector was created in 1772 during the time of the British regime. And from that time, the District Collector performed activities primarily related to collection of land revenue, maintenance of law and order, prevention of disorder, proper working of the police and jails, administration of criminal justice and he also exercised judicial powers in some cases.

The office of the district collector, that belongs to the Indian administrative Service, has ‘Admirably survived the historical role of change from alian regime to national one’. After attainment of freedom its role has become more multidimensional. As Article 50 of the Constitution of India separated the judiciary from the executive, the district collector no longer holds the same judicial authority as he used to hold earlier as a District Magistrate during the British regime.

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Role and functions of District Collector

The foremost task of a District Collector, as the head of the revenue administration of the district, is the assessment and collection of land revenue.

Revenue Functions:

• To maintain land records
• To collect land revenue
• To collect rural statistics
• To collect other government dues
• To distribute and recover taccavi loans
• To implement land reforms
• To exercise the power of land acquisition officer, that is, acquiring land for purpose of colonization, industry, slum clearance, etc.
• To look after the welfare of the agriculturists.
• To make an assessment of lsses of crops and recommend relict during natural calamities like fire, draught and flood etc.
• To pay rehabilitation grant
• To hear appeals against the orders of lower authorities.
• To manage government estates.
• To pay Zamindari Abolition compensation
• To supervise treasury and sub treasury
• To enfore Stamp Act.

Taccavi: These are advances or loans of money given to the cultivators at the time of sowing or in bad season or to enable them to expand their cultivation. This loan has to be repaid by the cultivators when the crop is harvested.

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Maintenance of law and order in the District Administration

In this capacity the District Collector has got the responsibility of maintaining law and order in his district. Three elements of the district administration are involved in this task: the police, the judiciary and the jails. As a District Magistrate a district collector performs the following functions:

• Control and supervises the subordinate magistracy.
• Inspects the jails.
• Grants superior classes to prisoners.
• Orders imposition of section 144 of the Criminal Procedure Code in case of threat to public peace.
• Submits an annual criminal report to the government.
• Controls and directs the action of district police.
• Enforces Entertainment Tax Act and Press Act.
• Grants, suspends or cancels various kinds of licenses like arms, hotels, explosives, etc.
• Prosecutes offenders under the Factories Act and Trade Mark Act.
• Orders disposal of unclaimed property.
• Supervises and control local bodies.
• Recommends schemes for the development of forests.

Co-ordinator of Different departments of the District Administration

Prior to the independence, the district collector used to function like the coordinating agency in overall charge of every significant official activity in the district. After independence, several departments of technical nature, such as public health, public works, agriculture, irrigation, education and cooperation, were set up. These departments are headed by specialists and are not under the supervision of the collector any more.

Although the independence of these departments in their functioning has weakened, to some extent, the role of the collector as a coordinating agency, the entire team of the district administration has to work with a sense of dedication in the same manner as a soldier on the battle front. The district collector, still the commander of the district administration, has to organize and coordinator, must provide breathing space to each agency of the district administration, remove bottlenecks, establish the truth of the various departments in himself and bring out unity of purpose.

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Other Functions of the Collector in the District Administration

Besides the above described works, the collector performs many other functions; some of the important ones are:

• He conducts census operation every 10 years.
• He functions as the returning officer and coordinator of election work of Parliament and Vidhan Sabha constituencies at district level.
• Grants old age pension and house building loans.
• Supervises and controls municipalities in the district.
• He is responsible of small savings schemes and contributions to the National Defense Fund (NDF).
• He functions as the chairman of several committees such as the family planning committee, public grievance committee, planning committee, soldier welfare fund committee, etc.
• Acts as a protocol officer.
• Preparation of district gazetteers and protection of ancient monuments.
• Superintends over all other branches of district administration.

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