Content:
- Instant injustice
- Data and federalism
Instant Injustice
The increasing trend of extra-legal demolitions by state authorities reflects a dangerous shift toward mob-like justice, undermining the constitutional rule of law in India.
Relevance : GS Paper 2 – Governance, Constitution, Polity, Social Justice
Practice Question : “The growing trend of state-sponsored punitive demolitions without due process reflects the erosion of the rule of law in India.”Critically examine this statement in the light of recent Supreme Court observations and suggest measures to restore constitutional governance.(250 Words)
Evolution of the Issue
- Colonial legacy of coercive policing:
- India inherited a police system designed for control rather than citizen service (Police Act, 1861).
- Lack of significant structural reforms post-independence has perpetuated arbitrary state action.
- Past SC interventions on extrajudicial actions:
- DK Basu vs State of West Bengal (1997) laid down guidelines against custodial violence.
- Olga Tellis vs BMC (1985) recognized the Right to Shelter under Article 21.
- Tehseen Poonawalla vs Union of India (2018) condemned mob lynchings and asked states to prevent vigilantism.
- Trend of bulldozer justice:
- Gained prominence post-2020, where demolitions were used as ‘punitive’ action even before conviction.
- Initially seen in UP, now replicated in MP, Gujarat, Delhi, and even in states like Punjab.
Core Issues Highlighted
- Violation of fundamental rights:
- Right to due process, presumption of innocence, and shelter under Article 21 blatantly ignored.
- Demolitions without notice violate principles of natural justice.
- Breakdown of rule of law:
- Punishment without trial undermines criminal justice system.
- Shifts state behaviour from protector to perpetrator of injustice.
- Judicial conscience and redressal:
- SC described the Prayagraj demolition as shocking, ordered ₹10 lakh compensation per victim.
- Reiterated “no punishment without trial” and condemned guilt by association.
- Normalization of executive excess:
- Multiple states adoption reflects the erosion of democratic accountability.
- Popular support for such actions indicates a societal shift towards retributive justice.
Implications & Recommendations
- Governance and democratic backsliding:
- Erodes public trust in democratic institutions.
- Encourages a parallel ‘mob-like’ executive mindset in governance.
- Threat to federal integrity:
- Selective use of demolition raises fears of political vendetta.
- Weakens cooperative federalism and promotes centralised, authoritarian approaches.
- Judicial follow-through and consistency:
- Courts must monitor compliance with their orders, not just offer episodic relief.
- High Courts must proactively check such practices in their jurisdictions.
- Police and administrative reforms:
- Revive calls for implementing SC’s Prakash Singh guidelines (2006) on police reforms.
- Need for independent civil services boards to check arbitrary actions by civic bodies.
- Need for public legal literacy:
- Promote awareness of rights under Articles 14, 19, 21 to counter mob-mentality.
- Encourage civic action and public interest litigations (PILs) against arbitrary demolitions.
Conclusion:
- Without systemic safeguards, the line between state power and mob vengeance blurs, leading to democratic decay.
- It’s imperative that constitutional courts go beyond words, to ensure uniform application of the rule of law and uphold citizens’ dignity.
Data and federalism
Reliable and transparent data is the bedrock of effective federal governance. In a diverse and asymmetric federation like India, data can bridge trust gaps and enable cooperative decision-making between the Centre and States.
Relevance :GS Paper 2 – Polity & Governance
Practice Question: “Reliable and comparative data can act as a catalyst for equitable federalism in India.” Critically examine the role of data platforms like the NITI–NCAER States Economic Forum in improving Centre-State relations.(250 words)
Historical & Institutional Context
- Fiscal Federalism as a Constitutional Mandate
- India’s federal structure, enshrined in the Constitution (Articles 268–293), outlines Centre-State financial relations.
- Historically, tensions have arisen over tax devolution, grants-in-aid, and centrally sponsored schemes (CSS).
- Legacy of Data Deficits
- Persistent concerns over outdated or poor-quality data: e.g., delayed Census 2021, inconsistent GDP estimates, PLFS criticism.
- Absence of real-time, disaggregated data often led to opaque policymaking and trust deficit between levels of government.
- Institutional Framework
- Finance Commissions (esp. 14th & 15th) and Inter-State Council are key instruments to address fiscal disparities.
- NITI Aayog replaced the Planning Commission in 2015 to foster cooperative federalism but lacked data democratization till now.
Significance of the NITI–NCAER States Economic Forum
- Structured, Comparative Data Portal
- Aggregates and presents data on state-wise macroeconomics, tax/non-tax revenues, human development, fund devolution etc.
- Makes use of PLFS, Census 2011, RBI State Finances, etc., in a user-friendly comparative format.
- Enhancing Informed Dialogue
- Facilitates data-backed negotiation on contentious issues like:
- GST revenue compensation delays
- Allocation of Union taxes (vertical & horizontal devolution)
- Upcoming parliamentary delimitation post-2026 — high stakes for southern states.
- Counters narrative-based politics with empirics — key for fostering trust.
- Facilitates data-backed negotiation on contentious issues like:
- Bridging the Trust Deficit
- Portal enables transparency, encourages States to present realities, and revives the spirit of collaborative governance.
Future Implications & Policy Potential
- Towards Equitable Federalism
- Allows the Sixteenth Finance Commission to base recommendations on granular, comparable, and accessible data.
- Could support new fiscal instruments: performance-based grants, decentralised budgeting models.
- Evidence-based Governance Models
- Enables Centre and States to co-create policies on:
- Education (dropout rate analysis)
- Employment (state-level labour market trends)
- Health, Nutrition, Urban Development etc.
- Enables Centre and States to co-create policies on:
- Delimitation & Representation
- Informs fair political representation through updated demographic/economic profiles, avoiding over-centralised diktats.
- May help assuage southern States’ concerns over being “penalised for better performance”.
- Institutional Deepening
- Promotes a data-led culture within federal institutions like Inter-State Council, Zonal Councils, State Planning Boards.
- Regional Empowerment without Parochialism
- Empowers states to present their own data-backed case without resorting to emotional or linguistic nationalism.
- Counters the binary of central dominance vs. regional parochialism.
Challenges
- Data Quality Issues Persist
- Portal uses secondary data — not real-time or fully verifiable at local levels.
- Need for regular updates and state-level capacity-building in data collection.
- Risk of Data Misuse or Political Spin
- Even structured data can be misinterpreted or cherry-picked.
- Requires data literacy among political actors and bureaucrats.
- Beyond Data – Political Will Matters
- Transparent data is only a tool; the outcome depends on genuine political commitment to cooperative federalism.
Conclusion
- The NITI–NCAER platform is a strategic step toward transforming India’s data-deficit federalism into a data-driven dialogue-based federalism.
- For it to catalyse real change, it must be institutionalised, frequently updated, and integrated into finance, policy, and governance debates.
- Reliable, comparable data can become the new common language for the Centre and States — fostering unity without uniformity.
