Overview of Personality Rights in India

 

Introduction to Personality Rights

• Personality Rights are designed to protect an individual’s public persona which includes name, voice, image, or mannerisms. They form part of a broader right to privacy or property and give individuals control over the commercial use of their name, image, or likeness.
•  These rights can be further divided into two categories: 
• The Right of Publicity that protects an individual’s image and likeness from unauthorised commercial use, similar to trademark rights.
• The Right to Privacy prevents the public representation of one's personality without consent.

 

Implementation of Personality Rights in India

• In India, the Right to Privacy under Article 21 of the Constitution provides the closest protection although it's not expressly mentioned.
• Certain provisions in Indian laws indirectly support personality rights. 
• The 1957 Copyright Act protects personality rights against misusing a person’s identity through 'passing off' and deception. It also grants creators or performers moral rights, such as the right to be credited and to oppose any alterations that could harm their reputation.
• The 1999 Indian Trademarks Act, Section 14, restricts the use of a trademark that falsely suggests a connection with a living or deceased person within the last 20 years without obtaining consent.
• The 2000 Information Technology Act, Section 66C, addresses the punishment for identity theft, specifically fraudulent or dishonest use of someone else's electronic signature, password, or unique identification feature.

 

 Significant Court Rulings and Current News

• Madras High Court recently ordered Meta and Telegram to remove fake accounts misusing images and audio of choreographer Anita R. Ratnam, a pioneer of the 'Neo Bharatam', a unique dance style.
• Previously, the Supreme Court ruled that rights to privacy, publicity, and personality are not inheritable and cease upon the actor's death ('Krishna Kishore Singh vs Sarla A Saraogi Case, 2021').
• The Supreme Court also affirmed privacy as part of the right to life under Article 21 but stated it can be restricted for a legitimate state aim with proportionate measures ('Justice KS Puttaswamy vs Union of India Case, 2017').
• The Madras High Court recognised personality rights, despite the absence of a specific statutory definition in India ('Shivaji Rao Gaikwad vs Varsha Production Case, 2015').
• The Delhi High Court confirmed the importance of an individual's popularity or fame online as in real life ('Arun Jaitley vs. Network Solutions Private Limited Case, 2011').
• Finally, the Delhi HC ruled in favor of D.M. Entertainment Pvt. Ltd., stating that the unauthorised sale of dolls imitating Daler Mehndi's likeness and songs violated his personality rights, thereby asserting his commercial right over the use of his public image ('D.M. Entertainment vs. Baby Gift House Case, 2010').

 

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Reviving Private Members’ Bills in India

 

Introduction and background

• Private Members’ Bills (PMBs) are introduced by Members of Parliament who are not Ministers, which allows them to advocate for legal changes significant to their particular constituencies.
• Such bills allow for independent legislative proposals and discussions beyond the government's agenda.
• The Vice President of India recently emphasised the potential of PMBs, referring to them as a “gold mine” for India’s democracy.

 

 Procedure for PMBs

• The procedure for presenting PMBs involves crafting and submission of the bill with at least one month's notice.
• The bill is then introduced in Parliament, typically debated in limited Friday sessions, and may either be withdrawn or move forward for voting. 

 

Decline of PMBs 

• Since India's independence, only 14 PMBs have been passed in both Houses and received Presidential assent. There hasn't been a successful PMB since 1970.
• The number of PMBs introduced in the 17th and 18th Lok Sabha was substantial; however, a disappointingly low number were discussed.

 

The Role of PMBs in Empowering Indian Democracy

• PMBs foster legislative innovation by enabling MPs to explore issues beyond the government's immediate focus.
• For example, while the ‘Right to Disconnect’ Bill (2019) wasn't passed, it initiated a nationwide dialogue on worklife balance and mental wellbeing.
• Prominent PMBs like the ‘Rights of Transgender Persons’ Bill (2014) have driven social change, even though the bill didn't completely pass through both Houses.

 

Challenges Undermining the Importance of PMBs

• The relevance of PMBs is hampered due to minimal time allocation for discussion, often due to sessions being disrupted by urgent government business or lack of MPs' seriousness.
• Structural constraints like the absence of a review committee and the AntiDefection Law encompassing party discipline also demote the potential of PMBs.

 

Recommendations for PMBs Revival

• Safeguarding time for PMBs in Parliament's schedule, including considering extending parliamentary working hours could enhance the efficiency of these sessions. 
• Institutional changes such as establishing a PMB Review Committee and initiating a fasttrack process for highimpact PMBs may revitalize their relevance.
• Innovations in time and format, promoting political engagement, and boosting visibility through different channels could enhance this underutilised tool of Parliament.

 

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Animal Birth Control (ABC) Rules 

 

Introduction and About 

• The Animal Birth Control (ABC) Rules were notified in 2023 under the Prevention of Cruelty to Animals Act, 1960.
• These rules regulate the control of the stray dog population, primarily employing methods of sterilisation and immunisation, as opposed to culling.

 

Execution of ABC Rules 

• The ABC Rules require local bodies to form dog sterilisation centres, maintain suitable facilities, and execute a humane cycle of capture, sterilising, vaccination, and release of dogs.
• Strays are humanely captured by trained personnel to begin this cycle.
• The dogs then undergo spaying/neutering and receive an antirabies vaccination.
• After recovery, the dogs are released back into the same locality from where they were captured, in accordance with Supreme Court guidelines.

 

Significance of ABC Rules

• The ABC Rules assist in controlling the overpopulation of stray dogs without violating their animal rights.
• These rules also play an integral role in public health protection by reducing the incidence of rabies.
• The most notable aspect of these rules is that they encourage the scientific and ethical management of animals instead of resorting to culling.

 

Current Developments 

• Kerala has currently demanded alterations to the ABC Rules amidst rising concerns of public health caused due to increased stray dog attacks and a surge in rabies cases.
• These developments reflect the need for upgraded regulation that can effectively balance animal rights and public health safety. 

 

In conclusion, the ABC rules, by emphasising sterilisation over culling, offer a humane method of managing the stray dog population. However, rising public health issues warrant necessary adjustments and increased effectiveness of such regulations.

 

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The Chief Justice of India 

 

Introduction and Context 

• Justice BR Gavai was sworn in as the 52nd Chief Justice of India on May 14, 2025, marking a landmark moment for the office of the Supreme Court leader. 
• The swearingin ceremony was conducted by President Droupadi Murmu at Rashtrapati Bhavan. 
• Justice Gavai has created history by becoming the first Buddhist and the second Dalit person to assume this post. His predecessors include Justice KG Balakrishnan.

 

Role and Responsibilities of Chief Justice

• The Chief Justice of India serves as the head of the Supreme Court, as well as the judicial system of the country.
•  Holding the title "Master of the Roster", they are entrusted with case allocation and providing judicial leadership.
• This role additionally involves advising the government on legal and constitutional matters and overseeing court functioning. 

 

Constitutional Provisions and Appointment 

• The appointment of the Chief Justice, as well as Judges of the Supreme Court, is governed by Article 124(2) of the Indian Constitution.
• Their appointment is made by the President of India, following a recommendation from the outgoing CJI, adhering to the principle of seniority.
• The process entails the Law Minister seeking the outgoing CJI’s recommendation, afterwards consulting with senior Supreme Court judges if required.
• This recommendation is then forwarded to the Prime Minister, who then advises the President, who finally appoints the new Chief Justice.
• The oath of office to the appointed individual is administered by the President itself.

 

Noteworthy Powers and Functions of the CJI

• As the Master of the Roster, the CJI allocates cases to benches and forms Constitution benches. 
• They play a decisive role in guiding judicial policy and jurisprudence. 
• The CJI exercises chief administrative authority by appointing court officers and functioning of the court.
• In rare instances, their duties can extend to discharging presidential duties if both the President and Vice President's offices are vacant.
• All appointments of Supreme Court and High Court judges, except the CJI itself, must be made in consultation with the CJI.

 

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Supreme Court’s Advisory Jurisdiction

 

 Introduction and about Advisory Jurisdiction

• Advisory jurisdiction gives the President of India the capability to request the Supreme Court's advice on critical issues of the nation, primarily on questions of law or fact of public importance.
• This kind of jurisdiction gives room for the interpretation of the constitution without the necessity of a direct legal dispute.
• Notably, any opinion provided under the advisory jurisdiction is not binding, unlike typical judicial rulings.

 

Constitutional Foundation and Essence

• The power behind the advisory jurisdiction is anchored in Article 143(1) of the Indian constitution. This article enables the President to consult the Supreme Court on any important question, either of law or fact.
• Additionally, Article 143(2) concerns matters pertaining to preconstitutional treaties, accords, or covenants that primarily involve former princely states.

 

Key Characteristics of Advisory Jurisdiction

• Advisory jurisdiction carries a discretionary nature; not all references made to the Supreme Court must be answered.
• The advisory opinions offered under this jurisdiction are nonbinding, meaning they aren't enforceable.
• Matters under advisory jurisdiction must be heard by a Constitution Bench, with a minimum of five judges, as stipulated in Article 145(3).
• This jurisdiction serves as a source of independent legal advice to the President, outside of cabinet opinions.

 

Historical Applications of Article 143 and Recent Developments

•  Since Indian independence in 1950, Article 143 has been enacted a total of 14 times.
• Key instances include the Delhi Laws Act Case (1951), Berubari Union Case (1960), Kesavananda Bharati Followup (1973), Judges Appointment Reference (1998), Cauvery Dispute (1992) and the Ayodhya Site (1993).
•  Currently, the advisory jurisdiction has been invoked by the President of India, seeking clarification on whether there are any limits on the time the President and Governors can take to act on state legislature Bills. 

 

Geographic and Historical Importance

• Advisory jurisdiction represents the wisdom of India's forefathers in establishing channels for deeply thoughtout decisions on critical national issues.
• Respectively, it conveys the rich cultural tradition of Indian democratic practice in decisionmaking, ensuring every move aligns with the spirit of the constitution.
• Regionally, this jurisdiction denotes the Supreme Court's significance not only in judicial matters but even in providing guidance on critical legal and factbased issues.

 

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Exploring the Presidential Reference under Article 143 of the Indian Constitution

 

Introduction and Definition of Article 143

• Article 143 under the Indian Constitution empowers the President to seek the Supreme Court's (SC) advisory opinion on any question of law or fact of public importance.
• This provision sets up the SC's advisory jurisdiction, which is established exclusively for the President.
• Types of references include Article 143 (1) and 143 (2), which concern matters of public importance and disputes arising from preconstitution agreements, respectively.
• It is important to note that this advice from the SC is not binding on the President, allowing him/her the discretion of following or disregarding the opinion given.

 

Historical Context and Evolution

• The concept of advisory jurisdiction under Article 143 is derived from the Government of India Act, 1935.
• Around 15 Presidential references have been made to the SC under Article 143 throughout history, covering an array of significant cases and decisions.
• Distinguished examples include the Delhi Laws Act case (1951), Kerala Education Bill (1958), Berubari case (1960), and the Third Judges case (1998).

 

The Current Constitutional Matter 

• The recent reference made by the President to SC under Article 143 is centred around 14 main constitutional questions.
• This move comes in the backdrop of a latest SC judgement, which leveraged Article 142 in the State of Tamil Nadu v The Governor of Tamil Nadu Case, 2023.
• The main issues under consideration relates to timelines allocated for President and Governors, and the extent of the SC's power under Article 142. 

 

Importance of the Presidential Reference System

• The Presidential reference under Article 143 facilitates a better understanding of the constitutional roles of the President and Governors.
• It also provides an opportunity to redefine the balance of power among the legislative, executive, and judiciary branches of the government, fostering a smooth democratic process.
• The system could provide a defined legal framework essential for dispute resolution in a federal structure. 

 

Challenges Surrounding the Presidential Reference System

• One of the major challenges is the nonbinding nature of the SC's advice to the President.
• The system could potentially be misused for political gains, raising doubts about the effectiveness and true constitutional significance of the referral.
• Delays due to the lack of a set timeline for the SC to respond could affect governance and policy clarity. 

 

Conclusion

• The Presidential reference under Article 143 represents a significant constitutional operation, underlining the need for clarifying judicial intervention parameters and the extent of executive actions. 
• This procedure can shape the separation of powers and strengthen India's federal democratic structure through enhanced constitutional transparency.

 

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InterServices Organisations Rules 2025: India's Strategic Military Reforms

 

Introduction and Summary 

• India has announced the Interservices Organisations (Command, Control and Discipline) Rules, 2025, under the InterServices Organisations Act of 2023. 
• This move aims at enhancing the command, control, and administrative efficiency of InterServices Organisations (ISOs) and is a result of learned experiences from Operation Sindoor. 

 

About InterServices Organisations (ISOs)

• ISOs comprise units or commands from two or more Armed Forces branches—Army, Navy, and Air Force.
• They are designed to streamline integrated planning, operations, and logistics.
• Examples of this approach include the Andaman and Nicobar Command or upcoming theatre commands under India's theatre-oriented plan. 

 

InterServices Organisations Act 2023

• The ISO Act 2023 addresses challenges from separate service laws which often impede coordination and discipline in joint service settings.
•  While not amending existing laws, the ISO Act empowers officers within ISO Command with administrative and disciplinary authority over all personnel under their command, regardless of service.
• It formally recognises joint services command organisations like the Andaman and Nicobar Command and the Defence Space Agency while paving the way for new ISOs. 

 

The ISO Rules 2025

• The ISO Rules 2025, as laid down by the Section 11 of the ISO Act, 2023, aim to provide a framework for effective management of discipline and administration across the Armed Forces operating within an ISO.
• The Joint Services Command and the InterServices Establishment comprise personnel from either two or all three armed forces.
• The Joint Services Command is headed by a CommanderinChief, and an Interservices Establishment is commanded by an OfficerinCommand.
•  Elaborate leave, absence, and emergency protocols have been laid down for commanding officers in these rules.
•  Uncertainties related to command and control will be referred to the Central Government. 

 

 The Significance of InterServices Organisations

• By allowing for joint planning and realtime coordination, one can see enhanced operational synergy among Army, Navy, and Air Force units.
•  ISOs permit pooling of logistics and support functions, preventing duplication and conserving resources. 
•  It is hoped that joint training and planning will improve combat readiness. 
•  The integration represents strategic reform and modernisation and aligns India’s military structure with evolving geopolitical challenges.--