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Issues discussed during 11th ISC Meeting: The following Agenda items were discussed during the meet:
Consideration of the Recommendations of the Punchhi Commission on Centre-State Relations.
Use of Aadhaar as an identifier for providing subsidies; benefits and public services.
Improving Quality of Education with focus on improving learning outcomes, incentivizing better
performance, etc.
Internal Security with focus on intelligence sharing and coordination for combating Terrorism/Insurgency
and Police Reforms & Police Modernization.
Need for further strengthening of ISC
Together, the FC and the ISC should operationalize again Part XI and XII of the Constitution that ensure
appropriate financial devolution and political decentralization.
It should be given the power to investigate the issues of inter-state conflicts which is mentioned in the
Constitution but dropped by the Presidential order creating ISC in 1990 (Based on Sarkaria Commission's
recommendations)
Conclusion
Though, there are other bodies such as the NITI Aayogs Governing Council-it has a similar composition, including
the prime minister, chosen cabinet ministers and chief ministers-that could address centre-state issues. But the
ISC has constitutional backing, as against the NITI Aayog which only has an executive mandate. This puts the
states on more solid footing-an essential ingredient in building the atmosphere of cooperation needed for
calibrating centre-state relations.
Since the time the AAP government has come to power in New Delhi in 2015 there have been fights
between the state government and the Central government.
The state government has blamed the central government of constantly interfering in its working via the
Lieutenant Governor and robbing the democratically elected state government of its powers.
The central government, on the other hand, has accused the state government of not respecting the rule of
law and that it is trying to run the government in an unconstitutional manner by usurping the powers which
it does not have.
The tussle between Chief Minister of Delhi and the LG is not a new altogether. Every successive government
in Delhi has been asking for more power. But, since it is not a full-fledged state many powers lie with the
central government.
Article 239AA of the Indian
Constitution says that the Delhi
Government does not have
powers to enact laws on Public
Order, Police and Land.
However, rule 45 of the
transaction of business rules
says that Delhi government can
have powers on these three
subjects if there is an order
issued by the Central
Government. This section is
quoted by the state
government while demanding more powers.
It is true that the Delhi Government is a democratically elected government with overwhelming majority.
But, the constitution and National Capital Region Act have laid down the framework within which the Delhi
governance has to be carried out. These laws clearly demarcate the powers that the elected government will
have and discretionary powers given to the Lt. Governor.
Thus, even though the morality of the actions of the central government could be debated, the legality is
more or less settled.
Delhi High Court in month of August held that National Capital Territory continues to be a Union Territory
and the Lieutenant Governor is its administrative head.
The bottom line is that there should be a harmonious functioning between the Lt. Governor and Chief
Minister. The previous governments have also faced similar issues but they have worked out their
differences within the four walls of the room.
In this fight, the ultimate loser is governance and people of Delhi. When the people of India have given
mandate to a government, they expect it to be carried out. It now rests with the government to figure the
way out.
While NCT is the capital of Delhi and thus some control of central government would be desirable, majority
of its areas are outside the central capital region. Thus, the central and state government should work out an
arrangement. The real challenge is political will in this respect.
Why in news?
Sections 499 and 500 of IPC prescribes two years
The Supreme Court recently upheld the validity of imprisonment for a person found guilty of defamation.
the criminal defamation law. The court pronounced
its verdict on a batch of petitions challenging the
constitutional validity of sections 499 and 500 of the
Indian Penal Code providing for criminal defamation.
The court said though free speech is a highly valued
and cherished right, imprisonment is a proportionate
punishment for defamatory remarks.
Why it should be retained?
According to Supreme Court
Reputation of an individual, constituent in Article 21 is
an equally important right as free speech.
Criminalization of defamation to protect individual
dignity and reputation is a reasonable restriction
Editors have to take the responsibility of everything they publish as it has far-reaching consequences in an
individual and countrys life
The acts of expression should be looked at both from the perspective of the speaker and the place at which
he speaks, the audience etc.
Other arguments
It has been part of statutory law for over 70 years. It has neither diluted our vibrant democracy nor
abridged free speech
Protection for legitimate criticism on a question of public interest is available in the
Civil law of defamation &
Under exceptions of Section 499 IPC
Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower
judiciary must be sensitized to prevent misuse
Monetary compensation in civil defamation is not proportional to the excessive harm done to the
reputation
Significance of this judgement
The judgement raises reputation to the level of shared value of the collective and elevates it to the status
of a fundamental right under Article 21 of the Constitution.
According to the judgement, the theory of balancing of rights dictates that along with the right to freedom of
speech and expression, there is a correlative duty on citizens not to interfere with the liberty of others, as
everyone is entitled to the dignity of person and of reputation.
Why it should be deleted?
Freedom of speech and expression of media is important for a vibrant democracy and the threat of
prosecution alone is enough to suppress the truth. Many times the influential people misuse this provision
to suppress any voices against them.
Considering anecdotal evidence, every dissent may be taken as unpalatable criticism.
Why in news?
On November 16, when the country celebrated the National Press Freedom Day, three newspapers in Nagaland were
published with blank editorials to protest a notification from Assam Rifles that had the effect of muzzling the press
freedom.
The papers were instructed to refrain from publishing news related to Naga insurgent group NSCN-Khaplang
[NSCN-K].
The notice said that any article which projects the demands of NSCN-K and gives it publicity is a violation
under the Unlawful Activities [Prevention] Act, 1967 and should not be published by your newspaper.
Concerns:
Such notifications have implications for the freedom of the press.
India ranks at 136 among 190 nations on the World Press Freedom Index published by Reporters without
Borders.
This incident draws attention to the problems faced by the press in conflict zones, trapped as media persons
between the state armed with the law to enforce varying degrees of censorship, and militant groups who
use methods of intimidation to have their versions published.
Role of Press Council of India (PCI):
PCI has taken suomotu note of the case and served notices to the paramilitary force and the State
government.
Background
Perumal Murugan, an award-winning Tamil writer had come under sustained attack from local caste-based
groups for his fictional novel Mathorubhagan (translated into English as One Part Woman) for hurting their
sentiments.
He was forced to write an unconditional apology at the instance of police, local officials and protestors. He
later publicly announced to give up writing.
The Madras HC has rejected the demand for banning the book or prosecuting the author.
High Court Verdict
It is a liberal and progressive judgment that emphasises and upholds the freedom of writers to write.
The HC lambasted the practice of self-appointed super censors in the society to decide on what the people
should read or watch. In Courts opinion those professing to be hurt by a book should just avoid reading it.
This should set a precedent among others.
The Bench also reminded the state authorities, like police and the local officials, of their duty to secure
freedom of expression and not to succumb to mob demands in the name of preserving law and order.
Issue of Judicial Censorship
Indian Criminal law prescribes a two-step safeguard on freedom of speech in case of banning a book:
First is the application of mind by the government when it bans a book under S.95 and 96 of the CrPC
Second is the judicial review of the governments move by a writ petition.
The trouble is the frequent manner of straightway approaching the court for a ban. This by-passing of the
two-way safeguard is being increasingly entertained by the Courts.
This is an issue as a sole decision over the suitability of the book by the Court is not what the constitution or
the law warrants. This form of analysis is heavily judge-centric, depending almost entirely on what an
individual judge feels about a controversial work.
Thus, the courts must take care of this fact as well or there will be huge uncertainty over the status of
freedom of speech vis-a vis banning a book.
Congress RS MP Jairam Ramesh had filed a writ petition in the Supreme Court challenging the decision to treat
Aadhaar as a money bill which will be heard in SC in July first week.
Recently, the Aadhaar Bill and the Finance Bill were passed as Money Bills. This meant that the RajyaSabha
had only a recommendatory role while discussing these Bills.
Some observers argue that these bills have not met the strict criteria of money bill as laid out in the
Constitution.
Money Bills: Article 110 of the Constitution deals with the definition of money bills. It states that a bill is deemed to be
a money bill if it contains only provisions dealing with all or any of the following matters:
1. The imposition, abolition, remission, alteration or regulation of any tax,
2. The regulation of the borrowing of money by the Union government,
3. The custody of the Consolidated Fund of India or the contingency fund of India, the payment of
moneys into or the withdrawal of money from any such fund,
4. The appropriation of money out of the Consolidated Fund of India,
5. Declaration of any expenditure charged on the Consolidated Fund of India or increasing the
amount of any such expenditure,
6. The receipt of money on account of the Consolidated Fund of India or the public account of
India or the custody or issue of such money, or the audit of the accounts of the Union or of a
state,
7. Any matter incidental to any of the matters specified above.
Lack of remedy
The Speaker, while certifying a bill as money bill, is in effect depriving the RajyaSabha of its legislative power
to disapprove a bill.
Thus, there is no remedy lying with RajyaSabha for wrong decision taken by speaker regarding certification
of money bill.
Similar Case in Past
In 2014, the Uttar Pradesh Legislative Assembly passed a Bill to amend the Uttar Pradesh Lokayukta and Up-
Lokayuktas Act as a Money Bill and did not send this to the Legislative Council.
The Act was challenged (Mohd. SaeedSiddiqui v State of U.P.) but the Supreme Court decided that the
decision of the Speaker that the Bill in question was a Money Bill is final and the said decision cannot be
disputed nor can the procedure of the State Legislature be questioned by virtue of Article 212.
Way Forward
Our Constitution also follows the British procedure that provides the speaker with the authority to certify a
bill as a money bill.
This is the second time in two years that the Motion of Thanks on the Presidents Address has been
amended.
Significance
The monsoon session showed the maturity of the democracy that India has attained.
Irrespective of the major problems in Kashmir, there was due deliberation and debate on many important
bills including situation in Kashmir.
The Appropriation Bill is intended to give authority to Government to incur expenditure from and out of the
Consolidated Fund of India.
Being a money bill, failure of its passage amounts to no confidence of the legislature on the government and
the government has to resign.
In case of Uttarakhand, on the 18th of March Appropriation Bill was presented in the Assembly. Of the 71
member Assembly of which 67 were present, 35 voted against the Appropriation Bill and asked for division
of votes.
However, despite want of division of votes it was claimed that Appropriation Bill was passed by voice vote
and the bill was not presented to the governor for his assent.
This could imply following:
The Appropriation Bill sanctioning expenditure from 1st April 2016 was not approved.
Secondly, if the Appropriation Bill was defeated, the continuation of the Government subsequent to
18th March 2016 is unconstitutional.
This prompted the rebel MLAs and the opposition to meet the governor who sought for dismissal of
government following which the governor declared the house in suspended animation and gave the CM a
deadline of 28th March to prove his majority in the house.
The decision of the Speaker to go for a voice vote when majority members demanded a division.
In addition, declaring the Appropriation bill passed even when majority members voted in negative.
The decision of the speaker to disqualify members on ground of defection when the house was on
suspended animation, allegedly to change the composition of the house to enable the government to
survive the no confidence vote.
As per an eminent scholar and Sarkaria Commission some of the factors that could lead to such an
emergency are:
Breakdown of law and order machinery
Political instability as a result of defections in the state
Loss of public confidence in the majority
Rampant corruption on part of the State government
Where the party having a majority in the Assembly declines to form a Ministry and the Governor's
attempts to find a coalition Ministry able to command a majority have failed.
Danger to national integration or security of the State or aiding or a betting national disintegration
Where a State Government fails to comply with the executive directions issued by the Union
Supreme Case judgments related to imposition of Presidents rule in state
S R Bomai vs Union of India
Art. 356 should be used very sparingly, and not for political gains.
The strength of the government should be tested on the floor of the house and not as per whims of the
Governor.
Court cannot question the advice tendered by Council of ministers but it can scrutinize the ground for
that advice of imposition of Presidents rule in the state and may take corrective steps if malafide
intention is found.
Use of Art 356 is justified only when there is breakdown of constitutional machinery and not
administrative machinery.
Buta Singh case
The governors report could not be taken at face value and must be verified by the council of ministers
before being used as the basis for imposing Presidents rule.
Observations of relevant Committees/Commissions with respect to Article 356
Sarkaria Commission (1987)
Article 356 should be used very sparingly, in extreme cases and only as a matter of last resort.
The Commission also recommended that any imposition of Article 356 should be accompanied with a
report by Governor to the President with relevant facts and details.
No dissolution of Assembly till proclamation is ratified by the parliament
National Commission for Reviewing the Working of Constitution (2002)
A warning should be issued to the errant State, in specific terms, that it is not carrying on the
government of the State in accordance with the Constitution. Before taking action under Article 356, any
explanation received from the State should be taken into account.
The State Legislative Assembly should not be dissolved either by the Governor or the President before
the proclamation issued under article 356(1) has been laid before Parliament and it has had an
opportunity to consider it. Article 356 should be suitably amended to ensure this.
There always remains the possibility that the Speaker, under the threat of losing his position, may choose to
disqualify the MLAs to alter the composition of the House in his favour. Thus, Article 179(c) provides that a
Speaker (or Deputy Speaker) may be removed from his office by a resolution of the Assembly passed by a
majority of all the then members of the Assembly. The judgment points to the phrase all the then
members of the Assembly to conclude that the composition of legislators should remain the very same
while deciding whether a majority in the House wants the Speaker to continue or not
The principles of complete detachment and perceivable impartiality requires the Speaker to desist from
using his power to disqualify the members until he passed the test of constitutional confidence. The
speaker acts as a Tribunal while deciding upon the Tenth Schedule.
Therefore to maintain his propriety as an adjudicator, it was expedient that the Speaker should first stand
the test and then proceed
o Justice Misra ends his judgment with the message that high constitutional functionaries should remain
embedded to restraint and discipline with humility which, he says, is the ultimate constitutional virtue.
Criticism
It could provide an escape-route to the defectors; the possibility of removing the speaker by the defectors in
collaboration with opposition party and then installing their own speaker who might not act against the
defectors.
The Court must design a protective measure against such misuse.
Centralisation of India's political parties; a legislator cannot question the sweet deals or alliances between
top party leaders.
Curtailed the freedom of legislators; This issue of freedom of speech was addressed by the five-judge
Constitution Bench of the Supreme Court in 1992 (Kihoto Hollohan vs Zachilhu and others). The court said
that the anti-defection law seeks to recognise the practical need to place the proprieties of political and
personal conduct above certain theoretical assumptions. It held that the law does not violate any rights or
freedoms, or the basic structure of parliamentary democracy.
Still however, it affects the freedom of legislators to an extent as now they cannot take a stand against
party leaders or defy the party whip, and use their conscience to vote on a Bill in the House due to fear
of losing their seat under the provisions of the Anti-Defection law.
Weakened legislative thinking and debates; it has led to disincentivising lawmakers from seriously thinking,
researching or even rifling for best practices to incorporate into legislation that is before the House for
consideration and focus their energies on procedural matters.
Changes required
Rationalization of whip- it should be limited to only matters that affect the stability of the government like
non-confidence motion, adjournment motion, money bill or financial matters
Power to decide not to speaker; As recommended by the Goswami Committee, the government should
consider giving the power to decide on disqualification under the Act to the President or the Governor, who
shall act on the advice of the Election Commission (as is there under A. 103)
Party loyalty to extend to pre-poll alliance; The rationale that a representative is elected on the basis of the
partys programme can be extended to pre-poll alliances. The Law Commission proposed this change with
the condition that partners of such alliances inform the Election Commission before the elections
NITI (National Institution for Transforming India) Ayog replaced the Planning commission last year.
Its role and functions in the Indian economy and polity are still evolving.
There was a need to scrap the planning commission because it was presenting contradictions in the present
day economic scenario.
Firstly, its lack of relevance in a market economy.
The second contradiction was between the centralised command over resource allocation and the
developmental role of the states in a federal polity.
In this light it is important that NITI keeps following principles in mind:
Effort to incorporate the role of the private sector in policy making and not constraint it.
Promoting cooperative as well as competitive federalism
Role and functions of NITI
The cabinet resolution lists 13 different tasks to it which may be grouped under four major heads, namely:
Fostering cooperative federalism by providing structured support to states on a continuous basis;
Tackle the overlapping of legislative and executive functions in concurrent list e.g. energy, environment,
poverty alleviation, education have been rough spots in past few years. Need for coordinated action and
speedy decisions are critical for pursuing the developmental agenda.
The need of central government to interfere in state list might also arise for reasons of national interest
like security, minimum common standards, etc.
In the case of union subjects too, the states may be involved in implementation as agencies due to their
proximity to the people.
NITI can facilitate exchange of information and experiences and promote healthy intergovernmental
competition through monitoring and regulation.
Rationalisation of centrally sponsored schemes. The government initiated the process by cutting down
the number of CSS and also dividing them as Core and other schemes.
The NITI has created sub-groups of Chief Ministers and various Task Force to foster cooperation.
Formulation of a strategic vision and long-term policies and programme framework
One of the major tasks assigned to NIti Aayog is strategic planning at both macro, sectoral and also
grassroot levels. Perspective planning helps to make projections on the macro variables and keep the
policy perspective in view.
There is a need for bottom-up planning right from the village, block and district levels and these should
be harmonised with planning at the state level and national level.
NITI can provide a framework for preparing the plans to the states and the latter, in turn, to the lower
levels of government. It should also have a unit to advise and guide if any state is in need of such
assistance
It is reported that government might work on a 15-year vision plan with 3-years short terms plans.
Innovation and Knowledge Hub
Several legacy issues like significant role in designing and implementing specific purpose transfers which
cannot be given to any other body like Finance Commission.
Presence of parallel institutions in the state which need to be transformed to meet the new requirements.
The Constitution requires the establishment of district planning committees and metropolitan planning
committees. Their role in the new environment needs to be specified.
Inter-ministerial tussle with NITI as everyone would want to spread over its influence.
Danger of bureaucratisation of the Aayog.
Conclusion
The success of NITI depends to a large extent on the trust and confidence it receives from the States. The
government must, thus, take every possible step to achieve this trust. Coordinating NITI with Inter-State Council
would be a desirable step in this regard.
The MCI's composition is opaque, and does not have diversified stakeholders and
council has only medical doctors.
The industry maintains that the regulator cannot bring back the product approval system unless the law is
amended.
Recent actions of the FSSAI, including those against Nestle India's Maggi noodles, created a "fear psychosis"
in the industry, killing innovation.
Allegations of harassment of companies by FSSAI officials on trivial grounds.
The basic objective of the FSSAI Act of putting in place a transparent and scientific system of food safety
seems to have been belied.
Way forward
India's food regulation law, the FSSAI Act of 2006, in fact does not require a new product to be formally
approved by the regulator if its ingredients are as per the law. Thus Food safety regulator must follow global
practices and should allow industry to self-certify compliance with standards.
Conclusion
NCA is a drastic measure, a last resort with lot of practical problems- hard to become reality. Till then other
measures need to be taken to address the issue- like reducing appellate burden (rationalization of SLP,
subordinate judiciary reforms, improving judicial strength, quality, infra etc).
For proximity issue benches of SC like that of HC can be set up in 4 important cities.
Concerns regarding Special Purpose Vehicle (SPV), which is to be mandatorily constituted for the
implementation of their respective Smart City Plans.
For Local Bodies
SPVs are also empowered to enter into Public Private Partnerships, incorporate subsidiaries and appoint
project management consultants. This influence of private investors and consulting firms in urban
governance could be troublesome.
This will lead to the planning, implementation, monitoring, funding and evaluation by a Private sector
led venture seen as defeating essence of local self-governance and bypassing the elected municipal
council.
SPV may be headed by a bureaucrat, with a fixed tenure who can be removed only with prior approval of
central government. This is a cause of concern for local representation.
However, local bodies would still have representation in it though it would not be majority.
Admittedly, our local governments are not the most efficient or responsive, but an SPV-driven Smart City
is not a lasting solution to the ills of city governance.
For private sector
The absence of clarity on specific projects and assured revenue streams.
Combined with a lack of management control, may reduce the attractiveness of SPVs for private
investors.
Regulatory
Criteria: The SCM guidelines stipulate that government funding can only be used for projects that have
public benefit outcomes. Criteria to decide the degree of public benefit of projects is unclear.
Convergence: The manner in which a smart city SPV interacts with the implementing agency for HRIDAY,
and how two projects under the two separate programmes complement each other, is yet to be seen.
For example, Varanasi is included under both SCM and the Heritage City Development and
Augmentation Yojana (HRIDAY).
Solutions
An important first step would be to build safeguards to protect the democratic nature of governance
structures. A robust governance structure, which allows for sharing of power and financial resources
In the initial years, MNREGA was a true game-changer, rural wages started climbing and reports also
pointed towards a decline in migration to urban centres.
A NCAER study of 2015 showed that the Act helped in lowering poverty by almost 32 per cent between
2004-05 to 2011-12 and prevented almost 14 million people from falling into poverty.
Since the launch of the scheme it has helped in reducing poverty level among scheduled cast and scheduled
tribes 38 per cent and 28 per cent respectively.
The total expenditure on this programme has been rupees 3.14 lakh crore and has generated work of 1980
crore person days.
Till now, it has generated 19.86 billion person-days of employment benefitting 276 million workers, with
more than half the jobs going to women workers and almost a third to members of scheduled castes and
scheduled tribes.
MGNREGA has played a much larger role in revitalizing the labour market in rural areas.
It has led to the creation of a class of workers who are using the MGNREGA as a safety net.
Also these workers are able to use it as a bargaining tool for extraction of higher wages.
57% of all workers are women, more than the statutory requirement of 33% and the highest in three years.
It has acted as the single most important instrument for empowering gram panchayats. The act gave gram
sabhas the mandate to plan their own works and untied funds to execute these works.
Research suggests that water-related assets created under Mahatma Gandhi NREGA have increased the
number of days in a year water is available and also the quantity of water available for irrigation.
The increased availability of water has also led to changes in crop patterns and increased area under
cultivation according to some studies.
Challenges
There is large-scale delay in payments of wages.
Based on CAG report, it showed that from 2009-10 to 2011-12, only 20 per cent of total funds allocated
under the scheme has been released for Bihar, Maharashtra and Uttar Pradesh where almost 46 per cent of
Indias rural poor reside.
CAG also found rampant corruption and swindling of public funds.
CAG said that around Rs 2,252 crore of inadmissible work was undertaken under the Mahatma Gandhi
NREGA including construction of earthen roads, bathing Ghats, raised platforms for cattle etc.
There is not enough skill development is happening for the people working under this scheme.
Asset creation under this scheme is not productive as it should be.
Way Forward
In order to create the productive assets, the scheme should be converged with related programmes in the
department of agriculture, irrigation, animal husbandry and road transport.
e-Governance is the use of information and communication technologies to support good governance.
Recent Initiatives
Virtual Police Station (VPN) for Public
VPS is being launched in the Capital to make functioning of a police station comprehensible for the public.
International NGO Commonwealth Human Rights Initiative (CHRI) has developed the VPS.
The Employees Provident Fund Organisation has won the National Award on e-Governance 2015-16 for
launching the Universal Account Number (UAN).
The EPFO won the gold award in the innovative use of technology in e-governance category.
Garv app
Power ministry has launched the GARV (GrameenVidyutikaran) app to provide the first hand information
with respect to village electrification programme in the country.
Anmol
ANMOL is a tablet-based application that allows ANMs to enter and updated data for beneficiaries of their
jurisdiction.
This will ensure more prompt entry and updation of data as well as improve the data quality since the data
will be entered at source.
The Application is Aadhaar-enabled hence it will help in authentication of the records of field workers and
beneficiaries.
E-raktkosh initiative
It is an integrated Blood Bank Management Information System (MIS).
This web-based mechanism interconnects all the Blood Banks of the State into a single network.
Challenges and Limitations
Funding: Funding is the foremost issue in e-Governance initiatives.
Unfortunately, not only does India have a higher digital access gap, it also has a bigger digital capability gap.
The capability gap, according to the WDR, arises from two main sources:
o Overall business climate.
o Quality of human capital.
India scores considerably below China in doing business indicators. It is important for India to create space
for creativity and enterprise and to promote competition.
The slow pace of improvement of the quality of basic infrastructure expressways, logistics, storage,
postal delivery system and reliable supply of electricity.
The excessively cautious approach of Indian regulators towards disruptive technological innovations such
as mobile money or ride-sharing services has made it difficult for digital start-ups to enter new markets and
achieve scale.
Low level of skills and education in a majority of population. Around 25 per cent of Indias adult population
cannot read and write compared to fewer than 5 per cent in China.
Even the quality of education is poor. The latest Annual Status of Education Report (ASER) test scores in
rural India show that 10 per cent of children aged 16 and below cannot identify single-digit numbers
consistently.
Why in news?
Few Facts
Supreme Court upheld Haryana law on panchayat 9.6 million People will be eligible to contest
elections, by dismissing plea challenging Haryana the elections to various panchayats in the
Panchayati Raj (Amendment) Act, 2015. state even after applying the amended
qualifications.
Haryana Government Law on Panchayat Election The census data of 2011 showed that
In August 2015 Haryana government cleared five Haryana had a literacy rate of 76.6%, with
female literacy at 66.8%.
amendments to the Haryana Panchayati Raj Act, 1994.
According to the census, 31.4% of
Amendments laid down eligibility criteria to contest local
households in the state do not have access to
body elections. It set toilets as opposed to the national average of
Minimum educational qualifications: The law fixes 53.1%.
matriculation as the essential qualification for general 57% of the rural population who are over the
candidates and Class VIII for women in the general age of 20 years will still be eligible to contest
elections in spite of the minimum education
category as well as scheduled caste candidates.
qualification.
Having a functional toilet at home,
Not having defaulted in cooperative loans or having
outstanding dues on rural domestic electricity connections and
Not charged by a court for a grave criminal offence (of over 10 years in jail).
These are in addition to insolvency and being of unsound mind, disqualifications that are specified in the
Constitution.
Background
In December 2014, Rajasthan became the first state in India to pass legislation that required panchayat poll
candidates to have both functional toilets and minimum educational requirements: Class X for the zila
parishad and panchayat samiti polls, Class VIII to be a sarpanch and Class V for scheduled areas.
Supreme Courts Observation
If people still do not have a toilet, it is not because of their poverty but because of their lacking the requisite
will - taking into consideration various policies of the Haryana government to improve sanitation in the state.
It is only education which gives a human being the power to discriminate between right and wrong, good
and bad and upheld the imposition of specific educational qualifications.
Under Articles 40 and 246(3), the Constitution grants powers to the states to make laws to enable the
functioning of self-government units.
Arguments in Favour
Many point out that education qualification has an important role in deciding a persons standing in society
and his/her suitability for various responsibilities. This is because a basic knowledge is necessary to work and
build more expertise.
Education increases exposure to the world and improves the ability to comprehend and envisage things in a
much broader way. The broad argument is that while educational may not be an essential qualification for
success it would certainly help improve the chances for success.
Criticism
More ground reforms are needed before such a law is implemented.
Why in News?
Central Government in collaboration with States and Panchayats decided to organize a Gram Uday Se
Bharat Uday Abhiyan (Village Self Governance Campaign) early this year.
The campaign aimed at generating nation-wide efforts to increase social harmony across villages, strengthen
Panchayati Raj, promote rural development, and foster farmers progress.
A Social Harmony Programme was conducted in all gram panchayats, supported collaboratively by the
Ministry of Panchayati Raj and the Ministry of Social Justice and Empowerment.
In this programme, villagers honoured Dr. Ambedkar and resolve to strengthen social harmony.
Information regarding various government schemes to foster social justice was be provided.
Village Farmer Assemblies was organized where information regarding schemes of agriculture such as the
FasalBimaYojna, Social Health Card etc. will be provided to farmers.
Also a national meeting of tribal women Gram Panchayat Presidents from Fifth Schedule Areas of 10 States
was held at Vijayawada focusing on Panchayat and tribal development.
8.2. ULBs
Why in News?
Recently, the Municipal Corporation of Delhi (MCD) ran out of funds to pay salaries to its staff.
As a reaction, sanitation workers went on strike which created conditions of uncleanliness on Delhi roads.
Why in News?
A private members bill was introduced in the parliament to make provisions for direct election and
empowerment of the office of mayor in country.
Present Position
Mayor is the head and official in charge of the Municipal Corporations in India.
Executive Officers monitor the implementation of all the programs related to planning and development of
the corporation with the coordination of Mayor and Councilors.
At present, six states namely Uttarakhand, Chhattisgarh, Jharkhand, MP, UP and Tamil Nadu, provide for
mayors that are elected directly by voters for a five-year term.
Proposed Changes
The bill aims to establish strong leadership for cities by providing for a directly elected and empowered
Mayor.
It also suggests the reforms such as mandating the constitution of area sabhas and ward committees and
strengthening the devolution of functions to local governments.
Bill fixes the Mayors term to be coterminous with that of the municipality.
It makes the Mayor the executive head of the municipality.
It also gives Mayor veto powers over some of the councils resolutions and also lets the Mayor nominate
members of the Mayor-in-Council.
Why in news?
Ministry of Urban Development has asked 28 States to convert all 3,784 Census Towns into statutory Urban
Local Bodies.
What is census town?
A Census Town is an area with urban characteristics such as
Minimum population of 5,000.
At least 75% of the male main working force engaged in non-agricultural activities.
Population density of at least 400 persons per sq.km.
As per 2011 Census, there are 3,784 Census Towns as against 1,362 in 2001.
What are statutory ULBs?
A Statutory urban local body (ULB) is one with a municipality, corporation, cantonment board or notified town
area committee.
As per 2011 Census, there are 4,041 such towns as against 3,799 in 2001.
Need to convert
To promote planned urban development.
It also leads to enhanced revenues and efficient delivery of services to citizens leading to overall growth of
economic activities.
They become entitled to central assistance as per guidelines of 14th Finance commission.
Under AMRUT mission, 50% weightage is given to the number of statutory towns in any State/UT for
allocation of funds among them.
Why in News?
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, was
passed by both Houses of Parliament and received Presidents approval as well. Subsequently, the Centre
had notified the new Aadhaar Act.
The Act intended to provide statutory backing to Aadhaar for targeted delivery of subsidies and services to
individuals residing in India.
Features of the Act
Every resident is entitled to obtain an Aadhaar number. A resident is a person who has resided in India for
182 days, in the one year.
To perform the functions related to Aadhaar card, Unique Identification Authority (UID) will be formed.
Composition of UID will be chairperson, two part-time members and a
chief executive officer. The chairperson and members should have To obtain an Aadhaar number, an
experience of at least 10 years in matters like technology, governance, individual has to submit his
etc. Biometric (photograph, finger
print, iris scan)
Important functions of the UID authority are:
Demographic (name, date of
Specifying demographic and biometric information to be collected birth, address) information.
during enrolment. The Unique Identification
Assigning Aadhaar numbers to individuals Authority (UID) may specify
Authenticating Aadhaar numbers other biometric and
Specifying the usage of Aadhaar numbers for delivery of subsidies demographic information to be
and services. collected by regulations.
Biometric information (finger print, iris scan and other biological
attributes) will be used only for Aadhaar enrolment and authentication purpose and will not be shared with
anyone.
Only in cases pertaining interest of national security and on the order of court information will be revealed.
A person may be punished with imprisonment up to 3 years and minimum fine of Rs. 10 lakh for
unauthorised access to centralized database, including revealing any information stored.
Benefits of this Act
Wrong/fake beneficiaries have been a major issue with many schemes; hence it is expected to prevent
leakages in the distribution system.
It is single-most important method of decreasing massive political and bureaucratic corruption.
It will enable delivery of much higher level of income transfers to the poor.
Issues surrounding the Act
Due to Introduction of the bill as money bill, it has bypassed RajyaSabha which could have provided
valuable inputs during discussion.
It has also seen as against the spirit of cooperative federalism because RajyaSabha is considered as
representing the voice of states.
Section 7 of the bill gives the government powers to make Aadhaar mandatory for a wide range of facilities
and services.
Section 57 enables the government to impose Aadhaar identification in virtually any other context that is not
mentioned in the bill.
Why in news?
The Arbitration and Conciliation (Amendment) Bill, 2015 was passed in December 2015. The Bill amends the
Arbitration and Conciliation Act, 1996.
Need
Arbitration in India is often criticized for being slow, expensive and ineffective. Thats why many foreign
companies are hesitant to do business in India because of the
long-drawn litigations. What is arbitration?
It is a procedure in which a dispute is
India was ranked 178 out of 189 nations in terms of enforcing
submitted, by agreement of the parties, to
contract by the World Banks ease of doing business report, one or more arbitrators who make a
2016. binding decision on the dispute. In
Earlier, The Arbitration and Conciliation Act, 1996 was enacted choosing arbitration, the parties opt for a
to consolidate and amend the law relating to domestic private dispute resolution procedure
arbitration, international commercial arbitration and instead of going to court.
enforcement of foreign arbitral awards, and to define the law
relating to conciliation and for matters connected therewith or incidental thereto.
The Law Commission of India, in its 246th report, gave recommendations aimed at making the arbitration
process quicker and cost effective, reducing the intervention of the courts and making the enforcement of
arbitral awards easier.
Salient Features of amendment:
It enables the parties to an international commercial arbitration with the seat of arbitration outside India, to
also approach the Indian courts and seeking interim relief, unless the parties have agreed to the contrary.
Arbitral Tribunal shall make its award within a period of 12 months. Parties may extend such period up to six
months. Thereafter, it can only be extended by the Court, on sufficient cause.
The Court while extending the period may also order reduction of fees of arbitrator(s) not exceeding five
percent for each month of delay and it also provides for additional fees if arbitration procedure is completed
within six months if both parties agree.
There is a provision for fast track procedure for conducting arbitration. Award in such cases shall be given in
six months period.
Mere filing of an application for challenging the award would not automatically stay execution of the award
but only by order of a competent court.
Regarding grounds for challenge of an arbitral award, the amendment has restricted the scope of the term
'Public Policy of India to - induced or affected by fraud; in contravention with the fundamental policy of
India; in conflict with the most basic notions of morality or justice.
A new provision to provide that application to challenge the award is to be disposed of by the Court within
one year.
Why in news?
Parliament recently passed two bills to repeal outdated 1053 laws which had become redundant legislations.
The Appropriation Acts (Repeal) Bill 2015 that seeks to repeal 758 old appropriation acts which have lost
relevance and The Repealing and Amending (Third) Bill, 2015 to repeal 295 enactments and to amend
certain other enactments were passed by the Parliament.
Why is it needed?
The purpose of old statute law repeals work is to
Modernise and simplify the statute book,
Reduce its size and save the time of lawyers and others who use it.
This in turn helps to avoid unnecessary costs.
It also stops people being misled by obsolete laws that masquerade as live law.
There are laws from the colonial era which are irrelevant or misplaced today, as the world has changed.
Some of these were specifically enacted to curb the independence movement.
In particular, during the Second World War, many laws were passed which reflected the exigencies of the
war. In numerous areas, freedoms of Indians were taken away to make it convenient for the British war
effort.
Identification of old statutes
At the Union government level, the Law Commission of India prepared four reports in 2014 (248th, 249th,
250th, 251st), identifying old statutes that could be repealed.
Subsequently, a Committee headed by R. Ramanujam was formed to identify Central Acts which are not
relevant or no longer needed or require repeal/re-enactment.
As per the Ramanujam Committee, 2781 Central Acts were in existence as on 15 October 2014. Out of these,
it recommended the repeal of 1741 Central Acts. Of these 1741 Acts, 340 were Central Acts on State subjects
that had to be repealed by the respective state legislatures.
Way forward
Just like labour reforms, old statutes aren't always at the level of the Union government. There are several old
statutes also at the level of the States. For instance, Rajasthan has repealed more than 60 old statutes recently.
Similar exercise must be carried out by other states as well.
Why in news?
The Lokpal and Lokayuktas (Amendment) Bill, 2016 was passed by the parliament (both houses) in July2016.
Features of the Bill
The Bill amends the Lokpal and Lokayuktas Act, 2013 in relation to declaration of assets and liabilities by
public servants.
It amends Section 44 dealing with declaration of assets and liabilities of public servants.
Why in news?
The Union Cabinet gave its approval to amend the Prevention of Corruption Act, 1988 by pursuing the
Prevention of Corruption (Amendment) Bill, 2013 which was pending before the Rajya Sabha.
Proposed Amendments
The proposed amendments would fill in perceived gaps in the domestic anti-corruption law and also help in
meeting the country's obligations under the United Nations Convention against Corruption (UNCAC) more
effectively.
Providing for more stringent punishment for the offences of bribery, both for the bribe giver and the bribe
taker.
Penal provisions being enhanced from minimum 6 months to 3 years and from maximum 5 years to 7
years. The seven year imprisonment brings corruption to the heinous crime category.
To contain gain of benefits from profits of corruption, the powers of attachment are proposed to be
conferred upon the trial Court (Special Judge) instead of the District Court.
Expanding the ambit of provision for containing inducement of public servant from individuals to
commercial entities is being added to contain supply side of corruption.
Providing for issue of guidelines for commercial organizations to prevent persons associated with them
from bribing a public servant.
The average trial period of cases under PC Act in the last 4 years has been above 8 years.
It is proposed to ensure speedy trial by providing a trial completion within 2 years.
Why in news?
The Citizenship (Amendment) Bill, 2016 was introduced in LokSabha on July 19, 2016. The Bill seeks to
amend the Citizenship Act, 1955.
Features of the Bill
The Bill seeks to amend the definition of illegal migrants that will enable the government to grant
citizenship to minorities, mostly Hindus, from Pakistan, Bangladesh and Afghanistan, who have fled their
country fearing religious persecution.
The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan,
Bangladesh and Pakistan. For these groups of persons, applying for citizenship by naturalisation, the 11
years requirement will be reduced to six years.
Cancellation of registration of OCIs: The Act provides that the central government may cancel registration of
OCIs on certain grounds. The Bill adds one more ground for cancelling registration, that is, if the OCI has
violated any law that is in force in the country.
Why in news?
What constitutes Enemy Property?
The President of India has promulgated the Enemy Property Under the Defence of India Rules
(Amendment and Validation) Ordinance, 2016 to make amendments framed under the Defence of India
to the Enemy Property Act, 1968. Act, the Government of India took
However, it could not be passed due to parliamentary logjam. Thus, over the properties and companies
of such persons who had taken
the government has repromulgated the Ordinance for the same.
Pakistani nationality due to partition
Need of India in 1947.
These enemy properties were
To ensure that the enemy property continues to vest in the vested by the Central Government
Custodian, appropriate amendments were brought in by way of an in the Custodian of Enemy Property
Ordinance in the Enemy Property Act, 1968 by the then Government for India.
in 2010.
However, the ordinance lapsed in September 2010 and later introduced bill was also lapsed because of
completion of term of Lok Sabha.
Provisions of the Ordinance
Once an enemy property is vested in the Custodian, it shall continue to be vested in custodian as enemy
property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due
to reasons such as death etc.
Law of succession does not apply to enemy property.
There cannot be transfer of any property vested in the Custodian by an enemy or enemy subject or enemy
firm and that the Custodian shall preserve the enemy property till it is disposed of in accordance with the
provisions of the Act.
Impact of Ordinance
The above amendments to the Enemy Property Act, 1968 will help in plugging the loopholes in the Act to
ensure that the enemy properties that have been vested in the Custodian remain so and they do not revert
back to the enemy subject or enemy firm.
Enemy Property Act, 1968 Provisions
The Enemy Property Act was enacted in the year 1968 by the Government of India, which provided for the
continuous vesting of enemy property in the Custodian.
The act authorized the Central Government of India to appoint a custodian for enemy property for India and
one or more deputy/assistant custodians as assistances.
There is also a provision which validates the appointments made under the Defence of India Rules 1962 and
1971.
The fees equal two percent on the gross income from the properties vested in the Custodian. The income
received by way of rent, interest etc. on securities is invested in the Reserve Bank of India.
The Companies (Amendment) Bill, 2016 seeks to simplify private placement process, remove restrictions on
layers of subsidiaries and investment companies, amend CSR (Corporate Social Responsibility) provisions to
bring greater clarity and exempt certain class of foreign entities from the compliance regime under this law.
The proposed changes are broadly aimed at addressing difficulties in implementation owing to stringency of
compliance requirements.
Criticisms
It is argued that the Companies (Amendment) Bill, 2016, unlike the existing law, allows for some pecuniary
interest in companies for independent directors.
The proposed law allows such directors on their own to have transactions with companies where they are
independent directors up to 10% of such independent directors total income. Thus, the law legitimises self-
dealing merchants as independent directors.
Concerns
The above limit of 10% for transactions in the hands of independent directors can be altered by executive
action through prescribing an altered limit. Vested interests can achieve a higher limit by influencing the
executive. This would certainly further weaken independence on corporate boards.
The proposed change in law allows a relative of an independent director to be indebted to the company or
its promoters and their satellites within a limit as may be prescribed by the Central Government. But, when a
relative of an independent director is indebted to the company, the independence of such a director would
be highly suspect. Especially when a relative of an independent director is indebted to promoters of a
company, independence of such a director becomes a definite casualty.
Under the existing law, an independent directors relative should not have been a senior employee of the
company in the last three years. The proposed change in law seems to takes away this restriction and
definitely strikes at the root of independence of directors.
Way ahead
While many of the other proposals in the Companies Bill, 2016 are correctional or clarificatory in nature and
are quite welcome, the amendments proposed in respect of independent directors are hard to justify. A law
which undermines independence of directors, even if justified for pragmatic reasons, should not be
espoused.
The law has been rightly referred to the Parliamentary Standing Committee before it is considered by the
Parliament. Now, an informed discussion and debate regarding the proposed changes in law relating to
independent directors should be seen as a national priority.
Road Safety Bill is on the way but could not be passed due to parliamentary logjam. The government
proposes to form the National Road Safety and Traffic Management Board through an executive order in
the meanwhile to lay down standards and oversee activities related to road safety.
Benefits of road regulator
It will push automobile companies to introduce airbags in economy cars.
It will also push states to conduct safety audits of state highways and district roads.
It will be helpful in ensuring road safety norms in India.
It will also ensure the effective maintenance of the roads.
What do you understand by the concept freedom of speech and expression? Does it cover hate speech
also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.
Instances of Presidents delay in commuting death sentences has come under public debate as denial of
justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse.
The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can
manage as a team. How far the efficacy of a government then is inversely related to the size of the cabinet?
Discuss.
The Powers, Privileges and Immunities of Parliament and its Members as envisaged in Article 105 of the
Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess
the reasons for the absence of legal codification of the parliamentary privileges. How can this problem be
addressed?
Starting from inventing the basic structure doctrine, the judiciary has played a highly proactive role in
ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by
judicial activism in achieving the ideals of democracy.
National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately
supported by other mechanisms that ensure the accountability of a government. In light of the above
observation assess the role of NHRC as an effective complement to the judiciary and other institutions in
promoting and protecting human rights standards.
2013
Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.
The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy
constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-
defection law, which was legislated but with a different intention? 2013
The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the
Constitution. Discuss critically.
Recent directives from Ministry of Petroleum and Natural Gas are perceived by the `Nagas as a threat to
override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian
Constitution.
Many State Governments further bifurcate geographical administrative areas like Districts and Talukas for
better governance. In light of the above, can it also be justified that more number of smaller States would
bring in effective governance at State level? Discuss.
Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the
problems. Is the failure due to structural or process inadequacy or both? Discuss.
Discuss the recommendations of the 13th Finance Commission which have been a departure from the
previous commissions for strengthening the local government finances.
The product diversification of financial institutions and insurance companies, resulting in overlapping of
products and services strengthens the case for the merger of the two regulatory agencies, namely SEBI and
IRDA. Justify.
Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption,
eliminate wastage and facilitate reforms. Comment.
The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment.
Though Citizens charters have been formulated by many public service delivery organizations, there is no
corresponding improvement in the level of citizens satisfaction and quality of services being provided.
Analyze.
A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs.
Discuss.
Pressure group politics is sometimes seen as the informal face of politics. With regards to the above, assess
the structure and functioning of pressure groups in India.
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