Today in History (April 9^th,1947)

In April 1947, discussions about the partition of India and the transfer of power to Indian leadership were at their peak. On April 9, Mountbatten presented his partition plans to the Indian leaders, ultimately leading to the Indian Independence Act later that year. The process of partition, a key event in modern Indian history, was a result of such discussions.

Summary of Today’s News

Supreme Court Criticizes Tamil Nadu Governor’s Conduct

• Court slams Tamil Nadu Governor R.N. Ravi for his prolonged inaction on 10 key Bills.
• Governor failed to act for months before referring Bills to the President after being re-passed by the State Legislature.
• Deeming Bills to Have Received Assent:
• The Court deemed the 10 Bills to have received assent despite President Droupadi Murmu assenting to only one, rejecting seven, and not considering two.
• Actions of the President in this regard were declared void by the Court.
• Time Limits for Governor’s Action on Bills:
• The Court fixed time limits of one to three months for Governors to act on future Bills.
• A Governor must act within a specified timeframe:
  • One month: To withhold assent based on the aid and advice of the State Cabinet.
  • Three months: To return a Bill with a message specifying reasons if withholding assent contrary to the Cabinet’s advice.
  • Three months: To reserve a Bill for the President’s consideration against the advice of the State Cabinet.
  • One month: To grant assent to a Bill re-passed by the State Legislature.

Court’s View on the Governor’s Role:

• Governors must be a “friend, guide, and philosopher” to the State, not a hindrance.
• Governors should act in line with the Constitutional ethos and aspirations of the people.
• Governors cannot indefinitely delay action on Bills under Article 200 of the Constitution.

Governors’ Constitutional Obligation:

• Article 200 gives Governors three choices: assent, withhold assent, or reserve Bills for the President.
• A Governor cannot delay indefinitely; they must make a choice “as soon as possible” with a sense of expediency.
• The concept of a “pocket veto” is not permissible.

Judicial Review

• Any failure by a Governor to comply with the prescribed timelines will invite judicial review.

Court’s Emphasis on Accountability:

• Justice Pardiwala stated that Governors must be put on the clock and their actions must meet “determinable judicial standards.”
• Governors have no absolute or pocket veto, and cannot withhold assent simply.

Judgment on Governor’s Conduct:

• Governor Ravi was found to have flouted the first proviso of Article 200, which requires communication with the Assembly on refusal of consent.
• Governors cannot exercise personal discretion if a Bill is re-passed by the Legislature and returned for consent.

China’s Response to U.S. Trade Threats

• China vowed not to bow to “blackmail” from the United States amid an escalating global trade war.
• The rebuke came after U.S. President Donald Trump threatened to raise tariffs on U.S. imports from China to more than 100%.
• The new tariffs were in response to China’s decision to impose reciprocal duties following Trump’s tariffs announced last week.
• China’s Commerce Ministry condemned the U.S. threat, calling it a “mistake on top of a mistake” and accused the U.S. of “blackmailing.”
• China stated it would fight to the end if the U.S. insisted on escalating the conflict.

Stock Market Response

• After several difficult days for investors, stock markets steadied on Tuesday.
• Japan’s Nikkei index rose by 6%, recovering from a one-and-a-half-year low hit in the previous session.

International Discussions:

• President Trump and Japanese Prime Minister Shigeru Ishiba agreed to open talks, contributing to the market rebound.

The gradual transformation of the Home Ministry

• Governments are often judged by their reactions to crises, but true leadership lies in reforms that secure long-term solutions.
• Ministries usually excel in crisis management but reforms shape governance for the future.

Prime Minister Narendra Modi’s Vision:

• Modi’s “Reform, Perform, and Transform” emphasizes structural reforms over temporary fixes.
• The Ministry of Home Affairs (MHA), traditionally seen as a crisis-response ministry, is evolving to focus on long-term solutions.

The Transformation of the MHA:

• Historically, MHA responded to crises like riots, insurgencies, and governance failures.
• In recent years, the MHA has shifted to building a structured security architecture, focusing on:
  • Strengthening counter-terror laws
  • Modernizing agencies
  • Adopting technology and improving intelligence coordination
• This transformation aims to pre-empt security threats and ensure India’s internal security is future-ready.

Role of the MHA in National Security:

• The MHA integrates internal security and federal governance, which is unique to India compared to many countries.
• The MHA’s role is empowered by Articles 355, 256, and 356 of the Indian Constitution, ensuring Centre-State coordination on security matters.

Historical Shaping of MHA:

• Security challenges such as terrorism and insurgency in the 1980s led to increased security spending.
• The rise of terrorism, including Punjab militancy, Kashmir terrorism, and Maoist violence, prompted direct intervention from the MHA.
• The creation of various paramilitary forces (CAPFs) was driven by state-level deficiencies in handling security issues.

Security Hotspots and Policy Focus:

• Kashmir, the North-East, and Central India (Naxal areas) dominated the MHA’s priorities for nearly four decades.
• Thousands of lives were lost in these areas, with security forces focused on conflict zones.

Neglected Areas Due to Focus on Security:

• While focusing on terrorism and insurgency, the MHA’s attention to police modernization, agency coordination, narcotics control, technology adoption, disaster management, and federal governance was limited.

Leadership Changes Affecting MHA:

• Frequent leadership changes historically affected the MHA’s policymaking.
• Stability in leadership under Prime Ministers P.V. Narasimha Rao, Atal Bihari Vajpayee, and Narendra Modi has reinforced a long-term vision for internal security and governance.

Reforms and Shift in Legislative Responses:

• Earlier responses by the MHA were reactive, such as enacting the TADA (after Punjab insurgency) and POTA (after the 2001 Parliament attack).
• Since 2019, over 27 legislative reforms have shaped a structured security framework.
• The reforms focus on strengthening terror jurisprudence, Kashmir integration, and the criminal justice system.

Whole-of-Government Approach:

• The MHA now employs a multi-agency approach with operational strengthening, budgetary support, and outcome-oriented reviews.
• Reforms aim to tackle terrorism comprehensively, including:
  • Amending the NIA Act and UAPA
  • Expanding the National Investigation Agency (NIA)
  • Creating technology databases and strengthening intelligence sharing

Criminal Justice System Reforms:

• Three new criminal laws have been enacted, and the Crime and Criminal Tracking Network and Systems (CCTNS) integrates police stations, courts, jails, and forensic labs.
• Encouragement for States to separate investigation from forensics, further strengthening the justice system.

Budget Allocation and Investment:

• The MHA budget crossed ₹1 lakh crore in 2019, with the 2025 Budget allocation reaching ₹2.33 lakh crore, reflecting a focus on internal security and modernization.
• Expenditure on the Central Paramilitary Forces has increased from ₹38,000 crore in 2013-14 to ₹97,000 crore in 2024-25.

Impact on the Ground:

• The new approach has led to a reduction in violence across Kashmir, the North-East, and Naxal-affected areas.
• Key measures include:
  • Dilution of Article 370 in Kashmir
  • Peace deals in the North-East
  • Development and security measures in Naxal regions
• Violence has declined by 70% in these areas, incidents of stone pelting in Kashmir have decreased, and Naxal strongholds are witnessing social transformation.

Conclusion:

• The MHA has evolved from a reactive crisis-response body to a proactive, structured institution.
• The Ministry is now pre-empting security threats and shaping a future-ready internal security architecture for India.

When law enforcement officers endorse fear and force

• Misuse of Force by Police:
  • The issue of police misuse of force in India has been a long-standing concern, often highlighted by custodial deaths or excessive violence.
  • India lacks a specific law against torture, but there is an extensive legal framework to safeguard the rights of arrested individuals.
  • The legality of an arrest depends on full compliance with legal procedures.
• Lokniti-CSDS and Common Cause Survey:
  • A recent survey of 8,276 police personnel provides insight into the use of force, intimidation, and extrajudicial actions within India’s police force.
• Acceptance of Force and Fear Tactics:
  • A majority of police personnel support using intimidation as a law enforcement tool.
  • Over 50% of respondents endorsed using tough methods to create fear among the public:
    • 20% described it as very important.
    • 35% described it as somewhat important.
  • 30% of police personnel completely rejected the fear-based approach, advocating for a friendly police force.
• Support for Vigilante Justice:
  • A significant number of police personnel support mob violence in certain cases:
    • 27% justified mob violence in cases of sexual harassment and assault.
    • 25% supported mob violence in child kidnapping cases.
    • 16% justified mob violence for offences like pickpocketing and chain-snatching.
    • 16% justified mob violence in cases of alleged cow slaughter, with 22% offering partial justification.
  • Police personnel from Gujarat, Odisha, and Rajasthan showed the highest support for mob violence in cow slaughter cases (51%, 32%, and 31% respectively).
• Legal Procedures vs. Encounter Killings:
  • 74% of police personnel prioritized following legal procedures over encounter killings, regardless of the crime.
  • 22% believed that, for the greater good, it was sometimes necessary to kill dangerous criminals during encounters instead of providing a legal trial.
• Adherence to Arrest Procedures:
  • 80% of police personnel ensured a female officer was present when arresting a woman.
  • 72% of personnel reported that they always informed suspects of the reasons for their arrest and completed an inspection memo beforehand.
  • Overall, 75% of police personnel claimed full compliance with all arrest procedures.
  • Around 10% of police personnel admitted to rarely or never following all legal arrest procedures.
• Production of Arrested Person Before a Judge:
  • 56% of police personnel said it was always feasible to produce an arrested person before a judge or magistrate within 24 hours.
  • The remaining 44% indicated challenges in consistently meeting this requirement.
• Interrogation Time and Investigation:
  • 30% of police personnel stated they needed more time to interrogate accused individuals.
  • 23% of police personnel believed the first 24 hours were insufficient for conducting a proper investigation.
• Medical Examination of Arrested Individuals:
  • 57% of police personnel said it was always practical to take an arrested person for a medical examination.
  • About one-third of police personnel stated that it was only sometimes feasible to provide a medical exam.