Mains Q & A 10 January 2023
Q1. The judiciary, which is responsible for preserving the rule of law, has the extraordinary power to punish actions meant to undercut its authority or defame the institution, whether they take place inside or outside of the courts. Comment. (250 words)
Paper & Topic: GS II Issues related to executive and judiciary
Contempt of court, or simply “contempt,” is the crime of disobedience to or contempt for a court of law and its officers in the form of action that runs counter to or violates the authority, justice, and dignity of the court. The term used to convey a comparable attitude against a legislative body is “contempt of Parliament.”
There are two possible forms of contempt of court:
Civil disobedience is sometimes referred to as wilful defiance of a court order, judgement, or task that has been assigned by the court.
Criminal refers to any behaviour, whether said or written, that undermines the authority of the court, incites animosity, impedes the fair administration of justice, or promotes bias.
Constitutional and legal justifications for court contempt:
Under Articles 129 and 215 of the Indian Constitution, the Supreme Court and the High Court, respectively, have the power to punish anyone for their respective acts of contempt.
The Supreme Court is a court of record and has all the jurisdiction of one, including the power to punish for self-inflicted contempt, according to Article 129.
The Contempt of Courts Act of 1971’s Section 10 outlines the High Court’s power to impose sanctions for disrespecting its lower courts.
The Constitution lists contempt of court as a justifiable restriction to the right to free speech and expression under Article 19, along with elements like public order and defamation.
Court disobedience and the judicial system:
The idea behind contempt of court is to protect judicial institutions from unfair criticism and malicious attacks and to punish those who do so.
E.g. After he tweeted insults to the judiciary in the Prashant Bhushan case in August 2020, the Supreme Court found him guilty of contempt.
The lawyer had tweeted about SA Bobde, the Chief Justice of India, as well as how the court had generally performed under the four chief justices before him.
The judge deemed the tweets to be prima facie proof of contempt.
Motives behind the provision It is done to ensure that the court’s orders are followed.
to keep other institutions’ independence from the judiciary intact.
uphold the rule of law: Although the judiciary renders judgements, it is up to the government or private individuals to enforce them.
If the courts are unable to enforce their rulings, law will no longer exist.
It is not possible for a legislative act to override this court’s constitutional authority to punish for contempt.
The power may also be exercised when people waste the judiciary’s valuable time by filing bogus petitions with vested interests.
For instance, the Supreme Court was debating a request from Mr. Daiya to overturn a 2017 ruling that levied costs of Rs. 25 lakh against the petitioner for filing 64 PILs over the years without result and “repeatedly exploiting” the top court’s jurisdiction.
For failing to pay the fine, the petitioner was found in contempt of court.
The concept of contempt is intended to shield the institution from unfair criticism and prevent a decline in the public’s opinion of the judiciary. Fair and accurate reporting on court proceedings won’t be viewed as contempt of court. Once a case has been heard and determined on its merits, it cannot be fairly criticised. In order for the judiciary to function and uphold the law, it must have the authority to declare someone in contempt.
Q2. In the current state of unemployment, a long-term plan to teach vocational skills will help workers earn more money and create formal jobs. Elaborate. (250 words)
Paper & Topic: GS II Indian Economy
According to a quarterly labour force survey conducted by the National Statistical Office, India’s unemployment rate for all ages jumped to 10.3% in October-December 2020 from 7.9% in the same months a year earlier (NSO). The number of people in employment decreased from 399.38 million in July to 397.78 million in August, according to the Centre for Monitoring Indian Economy (CMIE), with roughly 1.3 million job losses in rural India alone.
The emphasis is on high-quality vocational training to increase employment as the unemployment situation worsens. Vocational training, often known as career training or technical training, trains individuals to work in a variety of trade, craft, and technician sectors.
The last few years have seen a difficult employment climate in India. Following the covid outbreak, the situation deteriorated. The job market is struggling even if economic activity is gradually returning to normal. At least eight Indian states, including Rajasthan and Haryana, still have double-digit unemployment rates.
Causes of India’s present job situation:
Covid outbreak: The Covid-19 pandemic, which temporarily halted economic activity and resulted in job losses across the nation, is the background to the increase in the unemployment rate.
No formal training: Only 8% of people between the ages of 15 and 29 have obtained non-formal vocational training, while only 2% of the whole population has undergone formal vocational training.
As a result, those lacking the specialised skills that the labour market requires have fewer work opportunities.
Employer and skill-set mismatch: According to the most recent India Skill Report, only 47% of graduates are employable.
Automation: Machines are replacing humans in the majority of repetitious manual labour. People must constantly improve their skills.
The significance of vocational education:
India has a demographic dividend with 65% of its youth falling within the working age range.
Utilizing these people effectively would increase the pace of saving and investment.
better chances for a living The quality of life could be improved with access to a suitable agricultural vocational education and the formal economy for finance and marketing.
A good example is the AGRI-UDAAN programme, which encourages entrepreneurship and innovation in agriculture.
Getting ready for the Fourth Industrial Revolution Robots and artificial intelligence will inevitably replace low-skilled and repetitive employment during the Fourth Industrial Revolution.
In order for technical and vocational education and training (TVET) institutions to continue to be relevant in the future, this situation forces them to adapt consistently and sustainably.
By 2030, India will have a talent surplus of approximately 245.3 million workers, whilst the Asia-Pacific region as a whole would experience a talent shortfall of 47 million workers. This would allow India to export resources to ageing economies.
For instance, Japan and Korea require skilled labour, and India can be ready with this as the time is drawing near.
Governmental actions to enhance vocational education include:
The New Education Strategy (NEP) 2020 was envisioned as a good policy because it places an emphasis on integrating formal and vocational education at both the secondary and postsecondary levels.
The NEP also suggested a trial “hub-n-spoke” arrangement, with the idea being that ITI would serve as the “Hub,” exposing students from nearby 5-7 schools to VET-related training and education.
India’s government launched the campaign known as “Skill India.” In order to train more than 40 crore people in India in various skills by 2022, the programme was introduced by Prime Minister Narendra Modi on July 16, 2015.
The National Policy for Skill Development and Entrepreneurship 2015, the Pradhan Mantri Kaushal Vikas Yojana (PMKVY) plan, and the Skill Loan scheme are among the measures.
SAMAY: The Skills Assessment Matrix for Vocational Advancement of Youth (SAMVAY), which enables seamless transition from school to skill, has been introduced by the Ministry for Skill Development and Entrepreneurship.
Gram Tarang: It targets local youngsters as well as tribal/naxal-affected communities. Training facilities are established with NSDC funding to teach individuals advanced welding techniques and Auto CAD.
Other recent initiatives include Nai Manzil for dropouts’ education and skill development, USTTAD (Upgrading Skills and Training in Traditional Arts/Crafts for Development) for the preservation of traditional arts and crafts and the capacity building of traditional artisans and craftsmen from minority communities, Nai Roshni for minority women’s leadership development, and MANAS for minority youth’s upgrading of entrepreneurial skills.
Schools should have a sufficient infrastructure and be appropriately furnished for both teaching and learning. Vocational schools ought to involve business, and there ought to be plans for students to visit the industrial sectors. This can close the skill gap between employers and employees.
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