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Expunction Powers in Parliament

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The recent expunction of remarks made by opposition leaders in both the Rajya Sabha and Lok Sabha has stirred significant debate and controversy.

Expunction Powers in Parliament

1. Definition and Purpose:

Expunction refers to the removal or cancellation of certain remarks or statements from the official records of Parliament. These records, known as the "Hansard," serve as the official transcript of parliamentary proceedings. Expunction powers are vested in the presiding officers of both Houses—the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.

2. Authority and Procedure:

  • Speaker of the Lok Sabha: The Speaker has the authority to expunge remarks or statements from the records if they are deemed to be against parliamentary rules, derogatory, defamatory, or out of order. The Speaker's decision is usually based on established parliamentary rules and precedents.
  • Chairman of the Rajya Sabha: Similarly, the Chairman of the Rajya Sabha has the power to expunge parts of speeches or discussions that violate parliamentary norms or are deemed inappropriate. The Rajya Sabha Chairman follows rules outlined in the Rajya Sabha Rules of Procedure and Conduct of Business.

3. Rules Governing Expunction:

  • Rules of Procedure: Both the Lok Sabha and Rajya Sabha have detailed rules governing the conduct of debates and discussions. These rules include provisions for the expunction of remarks that breach decorum or are considered defamatory.
  • Presiding Officers' Discretion: The power of expunction is exercised at the discretion of the presiding officers, and their decisions are generally final. However, these decisions can be subject to scrutiny and criticism, especially when they involve political sensitivities.

Recent Incidents

1. Rajya Sabha Incident:

During the first special session of the 18th Lok Sabha, remarks by Leader of Opposition (LoP) Mallikarjun Kharge, which were critical of the Prime Minister and the Rashtriya Swayamsevak Sangh (RSS), were removed by the Rajya Sabha Chairman. The expunction was seen by many as a response to remarks perceived as highly critical or inflammatory.

2. Lok Sabha Incident:

Similarly, in the Lok Sabha, parts of Rahul Gandhi’s remarks criticizing the Prime Minister and the BJP were expunged following the orders of the Speaker. This action sparked controversy, particularly among opposition members who viewed it as an attempt to suppress dissenting voices.

Implications and Debate

1. Freedom of Speech and Expression:

The expunction of remarks raises questions about the balance between maintaining parliamentary decorum and protecting freedom of speech. Critics argue that frequent use of expunction powers can stifle legitimate debate and dissent, while supporters maintain that it is necessary to ensure respectful and orderly proceedings.

2. Political Impact:

Expunctions often have political repercussions, influencing public perception of the legislative process. When remarks are expunged, it can fuel perceptions of bias or censorship, and may impact the relationship between the ruling party and the opposition.

3. Judicial Oversight:

While parliamentary rules grant significant discretion to presiding officers, there are limited avenues for judicial review of expunction decisions. This lack of oversight can lead to concerns about the impartiality and fairness of these decisions.

Process and Rules for Expunction of Remarks in Parliament

Expunction of remarks in parliamentary records involves a specific process governed by rules and precedents designed to maintain the decorum and integrity of parliamentary proceedings.

Process of Expunction

  • Identification of Unparliamentary Remarks:
  • During a parliamentary debate, if the Chair (either the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha) deems certain remarks or expressions to be unparliamentary, the member making those remarks is required to withdraw them immediately. The remarks could be deemed inappropriate for various reasons, including being offensive, derogatory, or irrelevant.
  • Immediate Withdrawal:
  • If a member's remarks are considered unparliamentary, the Chair will ask the member to withdraw them without engaging in further debate on the issue. Failure to comply with this directive can lead to the expunction of the remarks from the official record.
  • Record of Expunged Portions:
  • The expunged portions of the speech are marked with asterisks in the official record, accompanied by a footnote stating, “expunged as ordered by the Chair.” If the Chair directs that nothing will be recorded during a member's speech, a footnote stating “not recorded” is inserted.
  • Comprehensive List and Publication:
  • At the end of the day’s proceedings, a comprehensive list of expunged words and phrases is circulated to media outlets. Once expunged, these words or phrases cease to exist in the official record of parliamentary proceedings.
  • Ban on Publishing Expunged Words:
  • Publishing or disseminating expunged words or portions of speeches is considered a breach of parliamentary privilege. Individuals or entities who publish such content can face legal consequences.

Rules to be Followed by MPs During Speeches

1. Avoiding Unparliamentary Language:

  • Personal Charges: MPs should not make personal charges against other members. This includes avoiding offensive expressions about the conduct or proceedings of the House or any State Legislature.
  • Critical References: MPs should avoid making critical references about debates in the House or casting reflections on decisions of the House unless the discussion is part of a motion to rescind such a decision.
  • Allegations Against Dignitaries: MPs should not make allegations against or cast aspersions on persons in high authority unless the discussion is based on a substantive motion.
  • Use of President’s Name: MPs should not use the President’s name to influence the debate or discuss the conduct of the President in the House.
  • Treasonable or Seditious Remarks: Remarks that are treasonable, seditious, defamatory, offensive, or otherwise unparliamentary should be avoided.

2. Sub-judice Matters:

  • MPs must not refer to matters that are sub-judice, i.e., those pending judicial decisions. If such instances occur, the Chair may ask the member to stop or discontinue their speech.

3. Personal References and Motives:

  • MPs should avoid making personal references that impute motives or question the bona fides of any member unless it is necessary for the debate or is a matter in issue.

4. Continuous Interruptions:

  • Continuous interruptions during speeches may be expunged at the Speaker’s discretion.

5. Written Speeches:

  • MPs should not read out a written speech without the prior leave of the Chair or read a speech on behalf of another member in their presence.

6. Consultative Committees:

  • MPs should not refer to the proceedings of or matters raised during the meetings of Consultative Committees.

Constitutional and Legal Framework

1. Article 105 of the Constitution:

  • Article 105 of the Indian Constitution provides MPs with freedom of speech in the House and immunity from interference by courts for anything said within the House. However, this freedom is subject to constitutional provisions and the rules of each House.

2. Breach of Privilege:

  • Anyone publishing expunged words or portions of speeches is liable to face charges for breach of privilege of the House, which underscores the importance of maintaining parliamentary decorum and confidentiality.

Making Remarks Against a Fellow MP or a Minister of Government

In parliamentary proceedings, the manner in which MPs can make remarks about each other or about government ministers is governed by specific rules and conventions.

Remarks Against a Fellow MP

1. Rule 353 of the Lok Sabha:

  • Advance Notice Requirement: According to Rule 353 of the Lok Sabha Rules of Procedure, if an MP wishes to make remarks that are defamatory or incriminatory about another MP, advance notice must be given to the Chair and the member concerned. This allows the accused MP an opportunity to prepare a response or defense.
  • Non-Defamatory Remarks: If the remarks are not defamatory or incriminatory, the MP does not need to give advance notice. However, the remarks must still adhere to the norms of parliamentary decorum.

2. Procedure for Defamatory Remarks:

  • When defamatory or incriminatory remarks are made, the Chair will typically ensure that the member who is the subject of these remarks has the opportunity to respond. This process helps maintain fairness and allows for the facts to be presented.

Remarks Against a Minister of Government

1. Accountability to Parliament:

  • Right to Question Ministers: Ministers are accountable to Parliament, and MPs have the right to question their conduct and policies. This includes making criticisms and allegations regarding their actions or decisions in their official capacity.
  • No Need for Advance Notice: Unlike allegations against fellow MPs, there is no specific requirement for advance notice when making remarks about a minister’s conduct. However, the remarks must still conform to parliamentary standards.

2. Parliamentary Decorum:

  • Unparliamentary Language: Even when addressing ministers, MPs must avoid using unparliamentary language. For example, calling a minister a "liar" is considered unparliamentary, and such remarks would typically be ordered to be expunged by the Chair.
  • Factual Basis: MPs making allegations against a minister should ensure that their claims are factually accurate and supported by evidence. This is important to maintain credibility and avoid potential legal and reputational repercussions.

Implications and Responsibilities

1. Factual Basis:

  • Responsibility for Allegations: MPs making allegations against a fellow member or a minister must be prepared to substantiate their claims with evidence. This responsibility ensures that allegations are not made frivolously and that the integrity of parliamentary debates is maintained.

2. Expunction of Remarks:

  • Unparliamentary Words: Remarks deemed offensive, defamatory, or otherwise inappropriate by the Chair will be expunged from the official records. This includes personal attacks or language that is considered unparliamentary, regardless of whether the target is a fellow MP or a minister.

3. Consequences of Publishing Expunged Remarks:

  • Breach of Privilege: Publishing remarks that have been expunged from the parliamentary record is a breach of privilege and can result in legal consequences. This helps protect the confidentiality and decorum of parliamentary proceedings.

Importance and Implications of Expunction in Parliamentary Records

Expunction refers to the removal of certain remarks or portions of speeches from the official record of parliamentary proceedings. This process plays a crucial role in maintaining the integrity and decorum of parliamentary debates.

Importance of Expunction

  • Maintains Parliamentary Decorum:
  • Safeguard Against Misuse: Expunction acts as a check against the misuse of parliamentary privilege. By removing inappropriate, offensive, or irrelevant remarks, it helps ensure that debates remain respectful and constructive.
  • Ensures Respectful Debates: It upholds the dignity of the House and its members by ensuring that parliamentary discussions are conducted in a manner befitting the institution.
  • Upholds the Dignity of the House:
  • Promotes Integrity: By removing derogatory or inappropriate remarks, expunction contributes to maintaining the overall integrity and respectability of the parliamentary process.
  • Encourages Accurate Debates: It ensures that debates focus on relevant and accurate issues, contributing to more effective and meaningful parliamentary discussions.
  • Maintains Diplomatic Sensitivities:
  • Upholds International Relations: Expunction helps preserve diplomatic sensitivities by ensuring that comments related to international relations or foreign dignitaries are handled with care, thus maintaining a positive image of the parliamentary institution.

Implications of Expunction

  • Breach of Parliamentary Privilege:
  • Legal and Ethical Considerations: Expunged remarks no longer appear in the official records, but publishing these remarks or discussing them outside the parliamentary context could lead to charges of breach of parliamentary privilege.
  • Affects Transparency in Governance:
  • Public Right to Know: Expunction raises questions about transparency and the public’s right to be informed about parliamentary proceedings. The removal of certain remarks can obscure the full context of debates and decisions.

Issues Related to Expunction

  • Selective Expunction:
  • Perception of Bias: There are concerns that expunction may be applied selectively, often targeting opposition leaders or critical remarks. This can lead to perceptions of bias and unfair treatment, affecting the perceived neutrality of the process.
  • Digital Age Challenges:
  • Public Access to Information: In the digital age, expunged remarks often remain accessible through live broadcasts, recordings, and social media. This raises questions about the effectiveness of expunction and the disparity between official records and public access.
  • Hampers Freedom of Speech:
  • Impact on MPs’ Expression: Expunction can potentially stifle the freedom of speech of elected representatives by removing their expressed views. This can limit the scope of parliamentary debate and the ability of MPs to voice dissenting opinions.
  • Defamation Concerns:
  • Legal Interpretations: According to Section 499 of the Indian Penal Code (IPC), statements about the conduct or character of public servants, including ministers, in the discharge of their public duties are not considered defamatory. This means that remarks about ministers made within parliamentary proceedings cannot be expunged solely on grounds of defamation, unless they are proven to be defamatory or incriminatory.

Way Forward

  • Implementing Advance Monitoring Tools:
  • Blurring or Muting: To address digital age challenges, implementing tools that automatically blur or mute expunged remarks in live broadcasts and recordings can help align public access with official records.
  • Public Awareness:
  • Informed Citizenry: Increasing public awareness about expunction and its implications can foster a more informed citizenry and encourage responsible reporting and sharing of parliamentary proceedings.
  • Using Powers Judiciously:
  • Fair Application: Presiding officers should exercise their expunction powers judiciously, ensuring that the process enhances the quality of debate rather than suppressing legitimate criticism or dissent.
  • Preserving Tradition with Modernity:
  • Relevance in Communication Era: Efforts should be made to preserve the essence of expunction while adapting it to the realities of instant communication and widespread information sharing. This includes finding a balance between maintaining parliamentary decorum and addressing transparency concerns.
  • Striking a Balance:
  • Dignity vs. Transparency: It is essential to strike a balance between upholding the dignity of Parliament and respecting principles of transparency and freedom of speech. This balance ensures that parliamentary debates remain respectful while also being open and accountable.

Regional Analysis of Indian Ocean (RAIN) System

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1. What is the Regional Analysis of Indian Ocean (RAIN) System?

The Regional Analysis of Indian Ocean (RAIN) system is a sophisticated data assimilation system developed by the Indian National Centre for Ocean Information Services (INCOIS). It is designed to enhance the understanding and monitoring of the Indian Ocean's health through advanced oceanographic data.

a. Upgraded Version Features:

  • Previous Version: Focused on sea surface temperature and salinity.
  • Upgraded Version: Incorporates Sea Surface Height Anomaly (SSHA), improving the analysis of ocean currents and overall oceanographic conditions.
  • Data Collection: Observations are gathered from the surface and depths ranging from 3 meters to 2,000 meters, which helps in more accurate and comprehensive ocean current analysis.

b. Implementation:

  • Development Timeline: The upgraded version has been under development since 2023 and has been recently implemented.

2. Indian National Centre for Ocean Information Services (INCOIS):

a. Establishment and Structure:

  • Founded: 1999
  • Status: Autonomous body under the Ministry of Earth Sciences (MoES)
  • Affiliation: Part of the Earth System Science Organization (ESSO)

b. Mandate:

  • Primary Goal: To provide high-quality ocean information and advisory services.
  • Objectives: Support society, industry, government agencies, and the scientific community through continuous ocean observations and research.

c. Key Activities:

  • Tsunami and Coastal Warnings: Operates the Indian Tsunami Early Warning Centre (ITEWC), providing round-the-clock monitoring and warnings for tsunamis, storm surges, and high waves.
  • Designation: ITEWC is recognized by the Intergovernmental Oceanographic Commission (IOC) of UNESCO as a Regional Tsunami Service Provider (RTSP), offering tsunami warnings to countries around the Indian Ocean Rim.
  • Fisheries Advisory Services: Issues daily advisories to fishermen, helping them locate fish-rich areas efficiently, thereby saving fuel and time.

3. Significance of the RAIN System:

a. Enhanced Ocean Monitoring:

  • Improved Accuracy: The incorporation of sea surface height data into the RAIN system provides a more detailed understanding of ocean currents and conditions, crucial for accurate weather forecasting and climate studies.

b. Comprehensive Data Collection:

  • Depth Range: The system’s ability to gather data from a range of depths allows for a more complete picture of oceanographic conditions, from surface to deeper waters.

c. Support for Various Stakeholders:

  • Government and Industry: Provides essential data and advisory services to support decision-making and policy formulation.
  • Scientific Community: Facilitates research with high-resolution and comprehensive oceanographic data.
  • Public Services: Enhances coastal safety through early warning systems and supports the fishing industry with practical advisories.

4. Future Directions:

a. Continuous Improvement:

  • System Upgrades: Ongoing enhancements to the RAIN system to incorporate new technologies and methodologies for better ocean monitoring and data accuracy.

b. Expanded Services:

  • Broader Applications: Potential for integrating additional data layers and expanding advisory services to cover more aspects of oceanographic and climate research.

In summary, the RAIN system represents a significant advancement in oceanographic monitoring and data analysis, leveraging updated technologies to provide comprehensive insights into the Indian Ocean’s health. INCOIS, with its robust mandate and services, plays a crucial role in supporting environmental and safety initiatives in the region.

Nalanda University: Bridging Ancient Wisdom and Modern Innovation

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Recent Development

 The Prime Minister recently inaugurated the new campus of Nalanda University in Rajgir, Bihar. This modern campus aims to serve as a center for inter-civilizational dialogue, embodying the legacy of its ancient predecessor while integrating sustainable and advanced technologies.

About Modern Nalanda University

  • Sustainability: The new Nalanda University is a 'Net Zero Green Campus,' featuring:
  • Kamal Sagar Ponds: Over 100 acres of water bodies.
  • On-Grid Solar Plant: For renewable energy.
  • Advanced Water Treatment Facilities: To ensure sustainability and efficient use of resources.
  • Location and Historical Context:
  • Near Ancient Ruins: The university is situated close to the ruins of the original Nalanda University.
  • Destruction and Rediscovery:
  • Destruction: The ancient Nalanda University was destroyed by Bakhtiyar Khalji in 1205 AD.
  • Rediscovery: In the early 19th century, Sir Francis Buchanan reported the site’s discovery. Subsequent systematic excavations by the Archaeological Survey of India (ASI) in the 20th century revived interest in its revival.
  • International Involvement: The project involves 17 participating countries, including Australia, China, Singapore, and Vietnam.

About Ancient Nalanda University

  • Historical Significance:
  • Founding: Established by Kumargupta I of the Gupta dynasty in the 5th century CE, Nalanda was one of the world's earliest residential universities.
  • Patrons: Supported by various rulers including King Harshavardhana and the Pala dynasty.
  • Notable Personalities:
  • Buddha: Visited Nalanda according to Pali Buddhist literature.
  • Mahavira: Spent fourteen rainy seasons in Nalanda as per Jaina texts.
  • Aryabhatta: Renowned mathematician who studied and taught at Nalanda.
  • Nagarjuna, Dinnaga, Dharmpala, Abhayakaragupta, and Naropa: Prominent scholars and teachers associated with Nalanda.
  • Foreign Scholars:
  • Xuan Zang and I-Qing: Chinese scholars who visited Nalanda in the 7th century CE. Xuan Zang studied yogashastra and carried back many scriptures, which were later translated into Chinese.
  • Recognition: The ruins of Nalanda were designated a UN World Heritage Site in 2016.

Academic Excellence and Curriculum

  • Admission and Learning:
  • Merit-Based Admission: Entry was based on a rigorous oral examination.
  • Curriculum: Covered a wide range of subjects including Vedas, Buddhist doctrines (Theravada, Mahayana, Vajrayana), fine arts, medicine, mathematics, astronomy, politics, and military science.
  • Library: The library, known as "Dharma Gunj" or "Mountain of Truth," housed over nine million books across nine floors.

Architectural Features

  • Excavation Discoveries:
  • Structures: Includes stupas, monasteries, hostels, meditation halls, lecture halls, and more.
  • Layout: Built in the Kushan architectural style with axial planning, featuring Viharas (residential-cum-scholastic buildings) and Chaityas (temple-like structures).
  • Architectural Significance:
  • Planning: Recognized as the earliest planned university in the Indian subcontinent.
  • Art Influence: Influenced art practices in Southeast Asia and Nepal through its stucco and metal art.

Sculptural Art of Nalanda Mahavihara

  • Origins and Evolution:
  • Sculptural Art: Evolved from Buddhist Gupta art of Sarnath with influences from Bihar and Central Indian styles.
  • Styles:
  • Stone: Characterized by distinctive facial features, ordered appearance, and three-dimensional forms.
  • Metal: Nalanda bronzes date from the 7th to 12th centuries, initially influenced by Sarnath and Mathura Gupta traditions. Later, the art featured Vajrayana deities.

Conclusion

Nalanda University represents a bridge between ancient wisdom and contemporary advancements. Its vision as a center for civilizational dialogue and inter-faith understanding resonates deeply in today's interconnected world, reinforcing its role as a symbol of historical and cultural significance.

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