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CIVIL SERVICES EXAMINATION
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3. POLITY AND GOVERNANCE
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TABLE OF CONTENTS
CLEMENCY POWER OF PRESIDENT AND GOVERNOR
38
02 DISCRETIONARY POWERS OF THE GOVERNOR 41
ANTI-DEFECTION LAWS AND ASSOCIATED ISSUES

UNIVERSAL BASIC INCOME 02 45
RBI’S AUTONOMY: RIFT BETWEEN RBI AND NEED FOR STRONG JUDICIARY FOR MARKET
GOVERNMENT 05 ECONOMY 45
MERGER OF BANKS 07
RURAL INDEBTEDNESS 09
PUBLIC DISTRIBUTION SYSTEM - REFORMS 13
52
UNIFORM CIVIL CODE 52
INDIAN VS. WESTERN SECULARISM 55

19 LEPROSY IN INDIA 58
UN REPORT ON EXTINCTION OF SPECIES 19 ISSUES RELATED TO TRANSGENDERS 60
BHARAT STAGE NORMS 22 MANUAL SCAVENGING 62
ISSUES RELATED TO SAND MINING 25
DELHI AIR POLLUTION 28
TROPICAL CYCLONES AND DISASTER

MANAGEMENT 31
35
SEPARATION OF POWERS: CONCEPT AND ISSUES
35
1) UNIVERSAL BASIC INCOME
The concept of UBI has entered policy debate in India ever since UBI was proposed by the Economic Survey 2016-
17. Recently, the Sikkim government has declared that it would be implementing the UBI from 2022.
Hereby discussing the concept of Universal Basic Income and giving arguments in favour and against of it.
►Concept of UBI
It is a regular fixed cash transfer payment provided by the government to every citizen or resident
regardless of their socio-economic status to ensure that they are at least able to meet their basic needs. The
UBI is defined by 3 characteristics:
 Universality: Covers the entire population without taking into account the socio-economic status.
 Un-conditionality: It should be given without any conditionality.
 Agency: UBI should be in the form of cash transfers without dictating the choices i.e. the recipients
should have complete freedom to use the UBI in whatever way they deem fit.
►The Debate surrounding UBI
FAVOUR AGAINST
Freedom and Justice Social Cost

 Guarantees Right to life under Art 21.  Increase in the expenditure on temptation
 Ensures basic human rights to the people. goods such as Alcohol by the male
members.
 Acknowledgment of the unpaid work done by the
homemakers.  Gender disparity- Men are likely to exercise
control over spending of the UBI. This may
Poverty Reduction
not always be the case with other in-kind
 Does away with “One size fits all approach” of the transfers such as LPG subsidies.
Government schemes to eradicate poverty.
 Goes against the principle of Reciprocity
 Empowers the families to take their own decisions which mandates that the rights should be
based upon their needs ( a better tool for poverty commensurate with the obligations/duties
eradication) of the person.
 Does away with problem of Exclusion errors in the
Political Cost
BPL List (“wipe out every tear from every eye”)
 Problem of Exit- Difficult for the
Reducing Income Inequality government to introduce UBI by doing away
 Provides security net to withstand any potential job with subsidies.
losses in future due to growing automation.  UBI may emerge as add-on rather than a
 Enables the poor people to improve their skill set replacement to the existing poverty
leading to higher productivity. eradication schemes leading to
QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 2

 Enhances the bargaining power of the labour class inefficiencies.
leading to increase in wages and better working  Competitive populism in fixing UBI leading
environment. to higher fiscal deficit.
 Financing of UBI through progressive taxation would Economic Cost
help in transfer of income from the richer class to
 Feasibility of UBI- Implementation of UBI
poor
would need Rs 12.5% of GDP ( based upon
 Positive spill over effects such as increased levels of
Tendulkar Committee’s poverty line
entrepreneurship among the poor families.
estimates of Rs 1190 per person per month)
Mental health  Exposure to market risks- Unlike food
 Free from mental burden of meeting basic needs. subsidies that are not subject to fluctuating
 Increased personal satisfaction and emotional well- market prices, a cash transfer’s purchasing
being leading to higher productivity. power may severely be curtailed by market
fluctuations.
 Gives choice to the people and liberates citizens from
paternalistic and clientelistic relationships with the  Difficult to improve tax-GDP ratio to fund
state. UBI.
Financial Inclusion Implementation

 UBI Transfers will encourage greater usageof bank  Lack of financial inclusion among the poor
accounts and hence improvement in financial would pose a major challenge.
inclusion.  Poor financial awareness among the
 Increase in the customer base of the banks and people.
opening of more branches in rural areas. Abdication of responsibility by the
Administrative Efficiency State
 Reduce the administrative burden of implementing The state may abdicate its responsibility of
large number of overlapping schemes. providing basic services such as Education,
 Adoption of JAM trinity (Jan Dhan, Aadhaar and Health etc upon transferring UBI to the people.
mobile) leading to increase in efficiency. Failure of Pilot UBI programs in some
Does not affect the incentive to work countries
 UBI covers only the basic needs and the people would Finland has decided not to extend the pilot UBI
work in order to meet higher order needs (can be programme since it has led to increase in
explained by Maslow’s Theory of Motivation. income inequality and decrease in the labour
 People work not just to meet their financial needs but force.
also to meet their social and psychological needs
Does not lead to increase in Temptation goods

 Both alcohol and Tobacco are inferior goods and not
normal goods i.e. their demand reduces as the
income level of the people increases due to the
substitution effect (Law of Demand).
 The assumption that the UBI would lead to increase in
the temptation goods goes against the empirical
evidence.

►Guiding Principles for Setting up UBI
The Economic Survey has highlighted the possible approaches to implement UBI:
A. De jure universality, de facto quasi universality
1. Automatic Exclusion criteria such as ownership of movable and immovable assets to exclude the non-
deserving people from the ambit of UBI.
2. ‘Give it up’ scheme wherein those who are non-deserving chose to opt out of the programme just as in
the case of LPG and are given credit for doing so.
3. Introduce a system where the list of UBI beneficiaries is publicly displayed; this would “name and
shame” the rich who choose to avail themselves of a UBI.
B. Gradualism
1. Rather than providing UBI in addition to current schemes, UBI can be offered as choice to beneficiaries
of existing programs.
2. Provision of UBI for the women only. This would reduce the expenditure on UBI by half with greater
benefits to the families.
3. Start with implementation of UBI only in the urban areas since higher financial inclusion would ensure
its success.
Further, we can also think of introducing Negative Income Tax (NIT) instead of UBI. Under the NIT, all the
individuals whose annual income is below the threshold for tax liability would be able to get the monetary
support from the government. Hence, unlike the UBI, the NIT is not universal and hence would incur fewer
costs.
RAU’s IAS SPICE-up approach

 The objective of UBI is very noble and that is to lower social disparity in a nation.
Social
 At the same time, it will empower a person to take care of his/her basic needs and
dimension
will allow an opportunity develop his/her potential.
 The policy to implement UBI requires meticulous planning and execution.
Political/  Political will of paramount importance for smooth execution this program.
 However, the idea of UBI is a difficult step for many developing countries. It is
Legal
possible that populist nature of democratic governments highjacks the underlying
Dimension agenda and problems of ensuring funding for the scheme may cause more
problem than it solves.
 For the successful implementation of UBI, there is a need to have right set of
institutions and parameters to monitor the introduction, expected outcomes and
benefit.
Institutional
 This idea is still implemented at a very small scale (2000 people) in Finland. We
dimension
need to thoroughly assess the requirements of this scheme especially when we are
planning to implement the same in a developing country like India (Many European
countries have an advantage of low population).
A nation grows when its people work to make the nation great. Culture of working is
Cultural
very important in this approach. However, when we implement the scheme of UBI,

dimension there is a possibility that people may become complacent and stop or limit the work
that they do. We have seen this in the implementation of MGNREGA scheme as cheap
labour from UP and Bihar has stopped traveling to Punjab and Haryana even when
they were getting much higher wages than the one recommended in MGNREGA.
The initiative of UBI can be a double edged sword. If is implemented correctly, it can
increase economic power and employability of person to such an extent that the
Economic
person becomes a net contributor in the economy. However, the scheme as such
dimension
requires lot of resources which may trigger many economic problems (like deficit
financing, inflation and lack of investment and unemployment).
2) RBI’S AUTONOMY: RIFT BETWEEN RBI AND GOVERNMENT

The RBI and Government were recently involved in a tussle over a number of issues wherein concerns were
raised that the autonomy of the RBI was jeopardised by the Government.
Hereby discussing different issues of friction and how to improve autonomy of the RBI?
►Points of Friction
 Regulation of PSBs: The RBI has limited powers to regulate the Public sector Banks (PSBs) and is not
empowered to take certain actions against them such as replacement of management and Board, license
revocation, and resolution actions such as mergers and sales. Accordingly, RBI has suggested that
banking regulation act, 1949 should be amended to enable the RBI to exercise all the powers currently
exercised over private sector banks to PSB as well.
 Transfer of Surplus Reserve: The total asset of the RBI in 2017-18 was Rs 36 lakh crores. The
Government believes that the reserves with the RBI is quite high and accordingly has been demanding
the RBI to transfer at least one-third of its reserve assets in order to enable it to infuse more capital into
PSBs to meet the BASEL III guidelines. However, RBI has been opposing it on the grounds that it needs
sufficient amount of reserves to tide over unforeseen circumstances in future.
 Easing Prompt Corrective Action Framework (PCA): The Government has been arguing that
placement of some of the Public Sector Banks under the PCA framework has led to decrease in the credit
flow in the economy, particularly the MSMEs and hence it must be relaxed. However, the RBI has argued
that any slackening in the PCA framework would lead to worsening of the NPA
 Dilution of the BASEL III Norms: The RBI has prescribed overall capital requirements of 9 percent of risk
weighted assets, with the common equity tier 1 capital of 5.5 percent as against 8 percent and 4.5
percent, respectively, required under the Basel III norms. In order to meet the higher capital
requirements laid down by the RBI, the Indian government would be required to infuse more capital into
PSBs. Since the government is financially constrained, it has been asking the RBI to dilute its stringent
norms.
 Tackling the liquidity crunch of the NBFCs: The government has been asking the RBI to open a
separate liquidity window for the NBFCs, which are facing liquidity crunch post IL&FS Crisis. However, the
RBI believes that NBFCs have to explore other options available to them before approaching the RBI for
the loans.
 Setting up of Independent Payment Regulatory Board: The Board for Regulation and Supervision of
Payment and Settlement Systems (BPSS) under the RBI regulates the payment and settlement system.
The Government has proposed to set up independent Payment Regulatory Body (PRB) outside the

purview of RBI. The RBI believes that the Government is trying to clip its wings through such a move and
hence it is opposed to the setting up of independent Payment Regulatory Body.
 Relationship between RBI and Government: The Government had recently threatened to invoke
Section 7 of the RBI act, which empowers it to issue directions to the RBI in public interest. The RBI was of
the opinion that section 7 hurts the independence and autonomy of the RBI.
 Relationship between RBI Board and Management: According to the interpretation of the RBI act,
both the Central Board and RBI Governor enjoy concurrent powers in almost all the matters related to
superintendence and direction of RBI leading to overlapping jurisdiction. Moreover, some of the
members of the central board are nominated by the Government from various fields including the
private sector. This can create a conflict of interest as the decisions taken by the RBI could directly affect
their interest as well.
►How to improve the Independence and Autonomy of the RBI?

 Security of Tenure: The RBI Governor enjoys a minimum security of tenure of 5 years. Generally, the
Governors in India are appointed for a period of 3 years and then given extension for another 2 years.
Providing the RBI Governor with a minimum tenure of 5 years would enhance the RBI’s Independence
and at the same time enable the Governor to take a long term perspective of the economy in the
formulation of the policies.
 Harmonious Relationship: In order to maintain harmonious relationship between the RBI Governor and
the Board, there is a need to infuse professionalism and integrity into the Board by nominating experts
who do not succumb to political pressure.
 Framework for Adequacy of Reserves: There is need to establish a framework that deals with extent
and adequacy of RBI’s reserves and also lay down norms for the transfer of dividend to the Government.
The Recommendations of Bimal Jalan Committee on Economic Capital Framework should be able to sort
out this issue.
 Section 7 of RBI Act: The Government has to realise that Section 7 is an enabling provision and has been
provided under the act only to deal with exceptional circumstances. It should not be used in routine
matters and even the threat of invoking Section 7 would have negative ramifications on the Indian
Economy.
►Way forward
The RBI can be considered as among the few institutions in the country that has maintained credibility and
integrity and functioned with a great sense of responsibility by not succumbing to the regular political
pressure. Looking at India’s development needs and uncertainties in the global economy, we need a strong,
independent, efficient and apolitical central bank which can shape policies to enable India to have sustained
growth momentum and reduce external vulnerabilities.

 Section 7 of the RBI Act should be used only under exceptional circumstances.
 Non-partisan, apolitical and expert members should be appointed to the RBI Board.
Political/Legal
 Provide minimum security of tenure of 5 years to RBI Governor. The Banking
Dimension
Regulation Act,1949 should be amended to empower the RBI to take actions against
the PSBs.

 Looking at the multi-dimensional role played by the RBI, ideally it should enjoy
more autonomy and independence as compared to other government agencies.
 The RBI should enjoy autonomy in three aspects- Personnel, Policy Formulation and
Institutional
Financial aspects.
dimension
 Usually the decisions of the government are short-sighted and based on politics
rather than sound economic principles. Hence, the Government must desist from
giving directions to the RBI.
 The framework of Good Governance focusses on promoting the culture of

Institutional autonomy free from political pressures.
Cultural  The relationship between the RBI and Government should be based upon the spirit
dimension of cooperation and mutual trust.
 The Government must promote the culture of carrying out deliberations and
discussions in order to sort out the issues amicably.
 There is a need for strong, independent, efficient and apolitical central bank which
can shape policies to enable India to have sustained growth momentum and
reduce external vulnerabilities.
Economic  There is a urgent need to lay down Economic capital framework at the earliest to
dimension ensure adequacy of RBI’s Reserves.
 RBI’s Deputy Governor Viral Acharya has stated that Governments that do not
respect central bank independence will sooner or later incur the wrath of financial
markets (“Kiss of Death”).
3) MERGER OF BANKS
The government has recently decided to merge 3 Public Sector Banks- Dena Bank, Vijaya bank and Bank of Baroda.
The merger of 3 banks will be the First-ever three-way consolidation of banks in India, with a combined business of
Rs. 14.82 lakh crore, making it India’s Third Largest Bank.
Hereby discussing the rationale behind the Merger of Banks and risk and challenges associated with it.
►Need for Consolidation of Banks

 Fragmented Banking Structure in India: Indian banking sector is highly fragmented, especially in
comparison with other key economies. Additionally, most of the PSBs in India are competing within
themselves; most of them have same business models and compete in the same segments as well as
same geographies.Thus, there is a huge scope of consolidation in this sector.
 Build capacity to meet credit demand: India needs to have global sized banks that can support the
investment needs of economy and sustain economic growth.The Consolidation of Public Sector Banks
into 4 or 5 banks would create larger banks with capacity to fund larger size projects of economic
importance.
 Need for larger capital base to manage NPAs: The Public Sector Banks (PSBs) which form
approximately 72% of the Indian banking system are among the most affected by the high non-
performing asset (NPA) problem.The consolidation of PSBs would lead to a larger capital base to manage
the NPAs.

 Merger of weak Bank with the strong bank: The merger of Dena Bank (Weak Bank) with the Vijaya
Bank and Bank of Baroda (strong banks) would lead to net NPA ratio at 5.71% which is significantly better
than average NPAs of PSBs.
 Significant cost benefits from synergies: Larger distribution network of the amalgamated bank will
reduce operating and distribution costs with benefits for its customers and their subsidiaries. For
example, Dena Bank’s strength in MSME will further augment the strength of the other two banks.
Similarly, Global network strength of Bank of Baroda can be leveraged to enable customers of Dena Bank
and Vijaya Bank to have global access.
►Risks and Challenges of Bank Mergers

 Systemic Risk: The 2008 crisis highlighted that presence of large financial institutions pose systemic risk
to the economy and such institutions are "too big to fail". Further, in event of any such crisis in future, the
onus would lie on the government to bail out the institutions, thus posing a moral hazard.
 Human Resource Integration: Many employees would fear job loss and disparities in the form of
regional allegiances, benefits, reduced promotional avenues, new culture, etc.
 Affect Financial Inclusion: Consolidation may lead to shutting down of overlapping branches of the
entities being merged.
 Technological challenges: Various banks are currently operating on different technology platforms.
 Adverse Impact on Big banks: Forced mergers of the weaker Bank with stronger banks would adversely
affect the operations of the strong banks.
 Customer Retention: SBI’s recent merger with its associate banks saw customers of associate banks
opting to move their business to rival lenders as result of a lack of comfort in banking with the larger
parent. The merged entity from the latest proposal will likely face a challenge in retaining customers
particularly that of Vijaya Bank, which is dominant in south India.

 Mergers will result in immediate job losses on account of large number of people
taking VRS on one side and slow down or stoppage of further recruitment on the
other. This will worsen the unemployment situation further and may create law
and order problems and social disturbances.
 Further merger of banks will require change in the organisational structure,

because of which financial inclusion initiatives and Direct Benefit Transfer Schemes
Social
may get delayed.
dimension
 Ensure that the rationalisation of Branches do not lead to decrease in the Financial
Inclusion.
 Need to come out with innovative methods for the benefit of the people living in
rural and unbanked areas.
 Take into confidence the employees of the merged entity and engage with the Bank
Unions to ensure smooth transition.
Political/Legal  Merger of the banks should be driven primarily by synergies, efficiency, cost saving

Dimension and economies of scale rather than political considerations
 Merger of the Banks push the problems below the carpet as the fundamental
challenges related to governance of PSBs are not addressed.
 Need to implement the recommendations of PJ Nayak Committee to strengthen the

governance of the Public Sector Banks.
 Avoid Political interference in working of PSBs and provide more autonomy.
 Merger of Banks solves the problem associated with the Fragmented Banking
Structure.
 Address the problem of NPAs to avoid banks becoming weak in future.

Institutional  Ensure that merged entity should be able to absorb the shock within a reasonable
dimension period of time and capitalize on the new strength and reap the benefits in the
medium to long term
 Need to set up Banking Investment Company (BIC) to take forward the agenda of
governance reforms in PSB.
 Need to handle the differences in the working culture of the entities to be merged.
Cultural
 Need to handle the associated challenges related to Technological and Human
dimension
Resource Integration.
 Consolidation of Banks bring about synergies in the operating and distribution

costs with benefits for its customers and their subsidiaries
 Merger of Banks builds the capacity to meet higher credit needs of the rapidly
developing Economy.
Economic
 Consolidation of Banks would lead to increase in the global presence of Indian
dimension Banks.
 The larger capital base of the merged entity reduces the NPAs.
 Significant cost benefits due to mergers.
 Address the systemic risk that may arise due to "too big to fail" banks.
4) RURAL INDEBTEDNESS
The issue of farmer's indebtedness becomes a matter of intense debate whenever the agriculture sector
faces distress. But the root cause of the current crisis is not indebtedness alone - indebtedness is just a
symptom.
According to a recent NABARD study, incidence of indebtedness is 52.5% for agricultural households and
42.8% for non-agricultural households, All India Incidence of Indebtedness stands taking all rural
households together is 47.4%.
Hereby, discussing the extent of problem in India causes and steps needed for improvement.

►Extent of the problem
NABARD’s All India Rural Financial Inclusion Survey 2016-17
►Regional concentration:
Among the states southern states of Telangana, Andhra Pradesh and Karnataka showed the highest levels of
indebtedness among agricultural households followed by Arunachal Pradesh, Manipur, Tamil Nadu, Kerala
and Odisha.
►Reasons for rural indebtedness

A. Agricultural causes
 Rigidities in Agricultural Marketing which leads to farmers getting below the mandated Minimum
Support Prices for their output. This leads to distress selling.
 Low amount of surplus to sell for small and marginal farmers.
 Fragmented land-holdings; size of average farm is reducing to reach unsustainable levels.
 Agriculture is often hit by disasters such as floods and droughts.
 Very low inflation in agricultural commodities in recent years have led to reduced increase in income
for farmers.
 Low level of value addition in agricultural commodities. Food processing industry growth rates have
been very low.
B. Economic causes:
 Lack of availability of non-farm well-paying jobs in rural areas.
 Majority of rural indebtedness is from private moneylenders who lend at very high rates leading to
debt trap.
 Delay in payments by the government and private sector for the farmer’s agricultural produce, for
example, delay in payments to farmers for sugarcane.
 Lack of awareness among farmers about Kisan Credit Card (which provides subsidised loans to
farmers), cooperatives, etc.

 Increasing cost of doing farming such as labour costs, costs related to fertilisers, and farm
mechanisation.
 Agriculture insurance has been limited success in the country. Fasal Bima Yojana has high
premium rates for small and marginal farmers. Payments are also often very late.
C. Social Causes:
 Increase aspirational spending by rural households on consumer items, marriages, vehicles and
dowry.
 Increased expenditure on education.
 Social evils such as alcoholism etc.
 Expenditure on health issues
 Earlier due to the joint family structure and high social capital in the rural areas most of the lending
was done from among friends and family which was often at zero interest. However, due to
increasing breaking of these institutions and growing individualism farmers are more often
resorting to lending from outside sources.
D. Political causes:
 Farmers and rural sector though constitute large part of electorate but due to fragmentation among
them on issues of caste, religion and other factors, rural distress fails to get adequate attention
during elections.
 Lack of implementation of recommendations of various committees such national farming
committee.
 Lack of political will to resolve the issue of farming distress.
 Agriculture being a state subject creates the problem of lack of national (All India) mechanism to
solve problems faced by agriculture.
►Steps taken by the Government:

 Government has enhanced scope of Kisan Credit Card cover to agriculture and allied sectors.
 Agricultural lending has been inside Priority sector lending with 18% weight.
 PM Jan Dhan Yojana for financial inclusion.
 Various other stakeholders such as Cooperatives Banks, Self Help Groups, Micro-Finance Institutions
to offer institutional credit to rural areas.
 Various states have brought laws to regulate informal lending such as Punjab, etc.
 PM-KISAN, KALIA, RythuBandhu schemes to give direct cash transfers to Farming sector.
 Steps to promote: MGNREGA; NRLM-Aajeevika, Strategies focussed on doubling farmers income,
etc.
 Steps to generate non-agricultural sources for rural people: KUSUM scheme to promote solar power
generation in agricultural lands, Gobar-Dhan Yojana to promote waste to energy in rural areas.
►Steps to ameliorate rural indebtedness:

Related to Financial Inclusion:
 Increase in access to institutional credit via Kisan Credit Card (Zero interest Short Term Loans),
Cooperative Banks, India Post Payments Banks.
 Law to regulate usurious private lending in rural areas e.g., in Punjab.

 Priority Sector Lending to be met by the banks.
 Post Office Bank to be made to lend to farmers in rural areas.
 Promotion of SHGs, Micro-finance in rural areas.
Related to making farming more profitable
 Marketing reforms as suggested in Draft Agricultural Pricing and Livestock Marketing Model Act,
Model Contract Farming Law, Model Land Leasing Law to be enacted by states,
 Agricultural Marketing to be brought under concurrent list.
 Promotion of agricultural exports.
 Investment in Irrigation, Farm mechanisation.
 Agricultural insurance to be made more accessible to farmers. Its scope and access should be
increased with prompt payments in the event of crop failure.
Promoting non-farming sources of income for rural areas:
 Focus on development of labour-intensive manufacturing in backward and rural areas of the
country which will meaningfully engage people and will augment their income.
 Promoting non-agriculture sources of livelihood and income in rural areas.
 Agriculture value addition and food processing needs to be incentivised.
 Farm Producer Companies (A combination of cooperative societies and Private companies,
suggested by Y K Alagh Committee) need to be encouraged.
 Rural entrepreneurship needs to be promoted with schemes like MUDRA, Stand Up and Start Up
India.
 Investment in the infrastructure of rural areas with access to quality roads, electricity, digital and
telecommunications connectivity.
Other Steps
 Social safety net to be broadened in rural areas with 150 days coverage of MGNREGA in areas
suffering from disasters.
 Creation of social safety net with wider access to universal health care under Ayushman Yojana,
Education, etc needs to be promoted.

 Social problems such as farmers suicide.
 High cost of emergency medical spending is one of the major reasons for high
indebtedness. Universal Health Coverage as envisaged in National Health Policy
Social
and Ayushman scheme can help ameliorate the situation.
dimension
 Many of the rural households borrow from their friends and relatives which is
usually interest free reflecting the high social capital and strong family ties in rural
India.
 Rural Indebtedness leads to various types of farmers and peasants movements and
Political/Legal creates ground for agitation, protests and marches.
Dimension  The issue of Left-Wing Extremism is also linked to it.

 Demand for farm loans waivers

 Institutional architecture to promote institutional lending to farmers is very limited.
Small and marginal farmers and tenant farmers do not usually borrow from Kisan
Institutional
Credit Card, Cooperative banks, Microfinance Institutions.
dimension
 Non-institutional lending from moneylenders is usually at very high interest
rates.
Various cultural changes taking place in rural areas such as demise of joint family, high
Cultural aspirational living standards, high spending in marriages, dowry, increasing
dimension consumerism force households to borrow as their income from agriculture and other
livelihood sources is not enough for them to achieve these.
Various structural problems related which reduce profitability of farming are principal
causes of indebtedness of rural households. Such as small and fragmented
Economic
landholdings, non-remunerative prices for farming output, lack of exports of
dimension
agricultural commodities, non-availability of well-paying non-farm sector jobs etc.
contribute to farming distress and high borrowings. It created inequality.
5) PUBLIC DISTRIBUTION SYSTEM- REFORMS

The National Food Security Act (NFSA), 2013 seeks to make the right to food a legal entitlement by providing
subsidised food grains to nearly two-thirds of the population. The Act relies on the existing Targeted Public
Distribution System (TPDS) mechanism to deliver these entitlements.
Hereby discussing the issues in the PDS system and reforms needed. It also covers the recommendations of
different committees.
►What is TPDS?
The TPDS provides subsidized grain through a network of more than 5 lakh fair price shops (FPSs) across the
country targeting around 800 million people.The Scheme is one of the largest social security schemes
accounting for around 1% of India's GDP.
In 2013, the scope and mandate of the TPDS expanded significantly through passage of the National Food
Security Act (NFSA). The NFSA combines entitlements from three core programs: the TPDS, which targets
food-insecure households; the Mid-Day Meal Scheme, a school-based feeding program targeting children
ages 6–14 years; and Integrated Child Development Services, a supplementary feeding program targeting
children between 6 months and 6 years and pregnant and lactating women. The NFSA entitles 50 percent of
the urban population and 75 percent of the rural population to receive food benefits under the TPDS, which
is the largest of these programs
►Role of Centre-state in PDS

Centre is responsible for procuring or buying food grains, such as wheat and rice, from farmers at a
minimum support price. It also allocates the grains to each state on the basis of a formula. Within the total
number of poor in each state, state governments are responsible for identifying eligible households.
The centre transports the grains to the central depots in each state. After that, each state government is
responsible for delivering the allocated food grains from these depots to each ration shop. The ration shop
is the end point at which beneficiaries buy their food grains entitlement.

►Issues/challenges in PDS
Allocation
 Non – availability / delay of utilization information to the Centre from States.
 Non - availability / delay of closing balance details and updated card status at State level from the
districts, block and FPS levels.
 Inaccurate data reporting by FPS
 Longer time taken for allocation cycle
Leakages in PDS: Leakages refer to food grains not reaching intended beneficiaries. Leakages may be of
three types: (i) pilferage during transportation of food grains, (ii) diversion at fair price shops to non-
beneficiaries, and (iii) exclusion of entitled beneficiaries from the list. Expert studies have shown that PDS
suffers from nearly 61% error of exclusion and 25% inclusion of beneficiaries
In February 2017, the Ministry made it mandatory for beneficiaries under NFSA to use Aadhaar as proof of
identification for receiving food grains. Through this, the government aims to remove bogus ration cards,
check leakages and ensure better delivery of food grains.
Movement
 Absence of truck tracking system leading to delayed delivery, diversions, siphoning etc.
 Non-standard transportation rates
 Cartel formation by transporters
 Late submission of demand drafts/cash by FPS for lifting leads to sub optimal route planning
Storage and Quality control
 Non-availability of stock positions in few states leads to inappropriate allocation and excess stock build
up at intermediary storage points
 Poor quality of packaging leads to loss of food grains
 Extensive use of hooks leads to spillage
 Insufficient godown capacity of intermediate storage points result in multiple shipments
 Temperature fluctuations due to weather leads to variations in weight of food grains
 Loss of food grains due to infestation
 Manpower shortage leads to delay in dispatches and non-compliance to policies
As of 2016-17, the total storage capacity in the country is 788 lakh tonnes, of which 354 lakh tonnes is with
the Food Corporation of India and 424 lakh tonnes is with the state agencies.
The CAG in its performance audit found that the available storage capacity in states was inadequate for the
allocated quantity of food grains.
Licensing and Regulation

 Inadequate monitoring leading to diversion of stock
 Selection of inappropriate dealer leading to malpractices
 Lack of standard selection procedure and guidelines
Grievance Redressal
 Absence of response and monitoring mechanism because of which, higher authorities are unaware of
number and status of grievances registered and thus grievances are not getting resolved on time

 Lack of integration between various complaint and registration channels leads to multiple actions at
different levels.
RECOMMENDATIONS OF DIFFERENT PANELS
►Nandan Nilekani Recommendations

He suggested two-phase strategy to use IT to improve the PDS network and provide direct subsidy to poor,
besides checking pilferage in the process.
Nilekani Committee suggested providing the following choices to the people to avail PDS.
 Entitlement choice: choice to the beneficiaries in receiving their entitlements in kind (food/kerosene) or
cash.
 Location choice: choice of the location from which the beneficiary can get his/her entitlement from.
 Commodities Choice: Choice to the beneficiaries of the commodities to suit their taste
TABLE : TECHNOLOGY-BASED REFORMS TO TPDS UNDERTAKEN BY SOME STATES
TYPE OF BENEFITS OF REFORM STATES IMPLEMENTING
REFORM REFORMS
 Allows for online entry and verification of beneficiary
data Andhra Pradesh, Chattisgarh,
Digitisation of
 Online storing of monthly entitlement of beneficiaries, Tamil Nadu, Madhya Pradesh.
ration cards
number of dependants, offtake of food grains by Karnataka, Gujarat, etc.
beneficiaries from FPS, etc.
Computerised  Computerises FPS allocation, declaration of stock

Chhattisgarh. Delhi. Madhya
allocation to balance, web-based truck challans etc.
Pradesh, Tamil Nadu, etc.
FPS  Allows for quick and efficient tracking of transactions
 Secure electronic devices used to store beneficiary

data
Issue of smart
 Stores data such as name, address, biometrics, Haryana. Andhra Pradesh,
cards in place of
BPUAPL category and monthly entitlement of Orissa, etc.
ration cards
beneficiaries and family members
 Prevents counterfeiting
 Use of Global Positioning System (GPS) technology to

Use of GPS track movement of trucks carrying feed grains from Chhattisgarh, Tamil Nadu
state depots to FPS
 Allows monitoring by citizens so they can register their

SMS based Chhattisgarh, Uttar Pradesh.
mobile numbers and send / receive SMS alerts during
monitoring Tamil Nadu
dispatch and arrival of TPDS commodities
Use of web-  Publicises grievance redressal machinery, such as toll

based citizens' free number for call centres to register complaints or Chhattisgarh
portal suggestions
Sources: Justice Wadhwa Committee Report on Computerisation of PDS Operations.

►Shanta Kumar Committee
 Need for End to End Computerisation: Given that leakages in PDS range from 40 to 50 percent,
Government should defer implementation of NFSA in states that have not done end to end
computerization; have not put the list of beneficiaries online for anyone to verify, and have not set up
vigilance committees to check pilferage from PDS.
 Reducing the Coverage: Reduce the current coverage of 67% of the population under NFSA to 40%
(comfortably cover BPL families and some even above that)
 Increasing the Food grains: The amount of food grains should be increased to 7kg/person from the
present 5kg grain per person.
 Pricing: Antyodaya households can be given grains at Rs 3/2/1/kg for the time being, but pricing for
priority households must be linked to MSP, say 50 percent of MSP
 Timely Allocation: Targeted beneficiaries should be given 6 months ration immediately after the
procurement season ends. This will save the consumers from various hassles of monthly arrivals at FPS
and also save on the storage costs of agencies.
 Cash Transfers: Gradual introduction of cash transfers in PDS, starting with large cities with more than 1
million population; extending it to grain surplus states, and then giving option to deficit states to opt for
cash or physical grain distribution. This would lead to saving of Rs 30,000 crores.
 Storage, movement and Transport of Food Grains: FCI should outsource its stocking operations to
various agencies such as Central Warehousing Corporation, State Warehousing Corporation to bring
down costs of storage. Covered and plinth (CAP) storage should be gradually phased out. The Movement
of grains needs to be gradually containerized to reduce transit losses.
 Buffer Stocks: During the last five years, on an average, buffer stocks with FCI have been more than
double the buffer stocking norms costing the nation thousands of crores of rupees loss without any
worthwhile purpose being served. The underlying reasons for this situation are many, starting with
export bans to open ended procurement with distortions. There has to be a comprehensive liquidation
policy which gives sufficient amount of flexibility to FCI to either export or sell the surplus stocks in the
market.
►PDS vs. Cash Transfers - a comparison
Advantages and disadvantages of PDS and other delivery mechanisms
Mechanism Advantages Disadvantages
 Insulates beneficiaries from inflation and  Low offtake of food grains from each
price volatility household High leakage and diversion of
PDS  Ensures entitlement is used for food subsidised food gram Adulteration of food
grains only Well-developed network of grain
FPS ensures access to food grains even  Lack of viability of FPS due to low margins
in remote areas
 Cash in the hands of poor increases
their choices  Cash can be used to buy non-food items
 Cash may relieve financial constraints  May expose recipients to price volatility and
Cash faced by the poor, make it possible to inflation
transfers form thrift societies and access credit  There is poor access to banks and post offices
 Administrative costs of cash transfer in some areas
programmes may be significantly lesser
than that of other schemes

 Potential for making electronic transfer
 Household is given the freedom to

choose where it buys food  Food coupons are not indexed for inflation;
 Increases incentive for competitive may expose recipients to inflation
Food
prices and assured  Difficult to administer; there have known to
coupons
 quality of food grains among PDS stores be delays in issuing food coupons and
 Ration shops get full price for food reimbursing shops
grains from the poor

 Production does not automatically guarantee consumption. PDS provides food at
affordable rate to the beneficiaries.
 At present total 23.4 crore ration cards are covered under NFSA comprising 21.2
crore PHH ration cards and 2.2 crore AAY ration cards.
 The Act also has a special focus on the nutritional support to women and children.
Social Besides meal to pregnant women and lactating mothers during pregnancy and six
dimension months after the child birth, such women will also be entitled to receive maternity
benefit of not less than Rs. 6,000.
 Children upto 14 years of age will be entitled to nutritious meals as per the
prescribed nutritional standards.
 In case of non-supply of entitled foodgrains or meals, the beneficiaries will receive
food security allowance.
PDS is governed by following laws:

 TPDS is administered under the Public Distribution System (Control) Order 2001,
notified under the Essential Commodities Act, 1955 (ECA). It regulates prices,
Political/Legal cultivation and distribution of essential commodities.
Dimension  “Right to food” is essential to the right to life hence depicted through Article 21 of the
Constitution through PUCL vs. Union of India, 2001.
 The National Food Security Act gives statutory backing to the TPDS. This legislation
marks a shift in the right to food as a legal right rather than a general entitlement.
 The centre procures food grains from farmers at a minimum support price (MSP)
and sells it to states at central issue prices.
 It is responsible for transporting the grains to godowns in each state. States bear the
Institutional
responsibility of transporting food grains from these godowns to each fair price
dimension
shop (ration shop).
 The Food Corporation of India (FCI) is the nodal agency at the centre that is
responsible for transporting food grains to the state godowns.
Cultural
Establish Right to equality and Right to life to all irrespective of caste and religion.
dimension

 NFSA would necessitate huge funds and thereby huge subsidies by the Central
Government. The source for these subsidies could be increasing fiscal deficit
(fuelling inflation), additional revenue generation or shift of funds from investment
to subsidies.
 According to RBI, the inflationary impact of NFSA will depend on the degree to which
it will raise demand for foodgrains relative to the normal increase in supply. This will
Economic produce demand pressures, which will predictably spread out to market prices of
dimension food grains.
 The AoA is the Agreement on Agriculture which was framed two decades agriculture.
This agreement did allowed market distorted subsidies up to a level of 10% of the
total production. But, since the last two decades the subsidies have also increased
and due to the implementation of the Food and Security Act, 2013 India apprehends
that it would breach the 10 percent mark. Hence India has signed Peace Clause for
the special safeguard.

1) UN REPORT ON EXTINCTION OF SPECIES
Extinction of Species is a natural process. Species have disappeared and new ones have evolved to take their place
over the long geological history of the earth.
 Natural extinction: With the change in environmental conditions, some species disappear and others, which
are more adapted to changed conditions, take their place. This loss of species which occurred in the geological
past at a very slow rate is called natural or background extinction.
 Anthropogenic extinction: An increasing number of species is disappearing from the face of the earth due to
the human activities. This man-made mass extinction represents a very severe depletion of biodiversity,
particularly because it is occurring within a short period of time.
Recently the Global assessment was conducted by the Intergovernmental Science-Policy Platform on Biodiversity
and Ecosystem Services (IPBES) which stated that up to one million of Earth’s estimated eight million plant, insect
and animal species are at risk of extinction.
Hereby discussing the report and recommendations given.
The 5 Great Mass Extinctions are:

Cambrian Explosion: Early life-forms began to flourish. (540 million years ago)
 Ordovician-silurian Extinction: Small marine organisms died out. (440 mya)
 Devonian Extinction: Many tropical marine species went extinct. (365 mya)
 Permian-triassic Extinction: The largest mass extinction event in Earth's history affected a range of
species, including many vertebrates. (250 mya)
 Triassic-jurassic Extinction: The extinction of other vertebrate species on land allowed dinosaurs to
flourish. (210 mya)
 Cretaceous–Paleogene extinction event occurred 65.5 million years ago, and has been repeatedly
associated with an asteroid or comet impact. Almost all non-avian dinosaurs became extinct during this
time. Mammals and birds became the dominant land vertebrates after this event.
►Summary of the Report

 The current rate of species extinction is hundreds of times higher than the average rate over the last 10
million years, and this is a direct result of human activity
 The average native species in most major land-based habitats has fallen by at least 20%, mostly since
1900.
 The threatened list now includes more than 40% of amphibian species, almost 33% of reef-forming
corals, and more than a third of all marine mammals.
 Coral reefs and mangroves, which protect coastal areas from storms such as hurricanes, have declined
dramatically.
QIP_19_ENVIRONMENT, ECOLOGY AND BIODIVERSITY / RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 19

 Wetlands, that reduce flooding by absorbing heavy rainfall, have declined to less than 15 percent of what
they were 300 years ago.
 75% of land environment and some 66% of the marine environment "have been significantly altered by
human actions."
 More than a third of the world's land surface and nearly 75% of freshwater resources are used for crops
or livestock.
 Up to $577 billion in annual global crops are at risk from pollinator loss.
 Between 100 million and 300 million people now face "increased risk of floods and hurricanes because of
loss of coastal habitats and protection."
 Since 1992, the world's urban areas have more than doubled.
 Plastic pollution has increased tenfold since 1980, and from 300-400 million tons of heavy metals,
solvents, toxic sludge and other industrial waste are dumped into the world's water systems.
►Causes
 Changes in land and sea use: Humans have altered 75% of land and 66% of marine environments since
pre-industrial times.
 Climate change: Global Warming has impacted almost half of threatened mammals and one quarter of
birds.
 Direct exploitation of organisms: Marine stocks are being fished at unsustainable level.
 Pollution: Marine plastic pollution has increased tenfold since 1980, with an average 300-400M tons of
waste dumped annually into the world’s waters.
 Invasive alien species: The numbers of invasive alien species per country have risen by 70% since 1970.
►Policy tools and steps suggested

The Report presents an illustrative list of possible actions and pathways for achieving an integrated
approach to sustainable development.
 In agriculture, the Report emphasizes: promoting good agricultural and agroecological practices;
multifunctional landscape planning (which simultaneously provides food security, livelihood
opportunities, maintenance of species and ecological functions) and cross-sectoral integrated
management. It also points to the importance of deeper engagement of all actors throughout the food
system (including producers, the public sector, civil society and consumers) and more integrated
landscape and watershed management; conservation of the diversity of genes, varieties, cultivars,
breeds, landraces and species; as well as approaches that empower consumers and producers through
market transparency, improved distribution and localization (that revitalizes local economies), reformed
supply chains and reduced food waste.
 In marine systems, the Report highlights: ecosystem-based approaches to fisheries management; spatial
planning; effective quotas; marine protected areas; protecting and managing key marine biodiversity
areas; reducing run- off pollution into oceans and working closely with producers and consumers.
 In freshwater systems, policy options and actions include: more inclusive water governance for
collaborative water management and greater equity; better integration of water resource management
and landscape planning across scales; promoting practices to reduce soil erosion, sedimentation and
pollution run-off; increasing water storage; promoting investment in water projects with clear
sustainability criteria; as well as addressing the fragmentation of many freshwater policies.

 In urban areas, the Report highlights: promotion of nature-based solutions; increasing access to urban
services and a healthy urban environment for low-income communities; improving access to green
spaces; sustainable production and consumption and ecological connectivity within urban spaces,
particularly with native species.
►Other steps
 Greater involvement of Indigenous people
 Society should shift from a sole focus on chasing economic growth to nature-based planning, which can
help provide a better quality of life with far less impact.
 Countries need to reform the subsidies and incentives currently given to the energy, fishing, agricultural,
and forestry sectors.

Extinctions can disrupt vital ecological processes such as pollination and seed dispersal,
leading to cascading losses, ecosystem collapse, food insecurity, etc.
Social
Biodiversity loss may also tend to increase pathogen transmission across a wide range
dimension
of infectious disease systems. So, extinctions directly affect human health and chances
for survival as a species.
Constitutional provisions related to Environment:

 Article 21, 47, 48, 48-A, 51-A deals with protection of Environment.
 At local and village level also, Panchayats have been empowered under the
constitution to take measures such as soil conservation, water management,
forestry and protection of the environment and promotion of ecological aspect.
Political/Legal
 Noise pollution caused by the loud speakers can be controlled under article 19 (1) (a)
Dimension
of the constitution.
The laws related to environmental protection and wildlife are: The Environment
(Protection) Act, 1986; The Forest (Conservation) Act, 1980; The Wildlife Protection
Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and
Control of Pollution) Act, 1981 and The Indian Forest Act, 1927.
Major institutions for conservation of Environment

 The Central Pollution Control Board (CPCB), is statutory organisation, was
constituted in September, 1974 under the Water (Prevention and Control of
Pollution) Act, 1974. Further, CPCB was entrusted with the powers and functions
under the Air (Prevention and Control of Pollution) Act, 1981. It serves as a field
formation and also provides technical services to the Ministry of Environment and
Institutional
Forests of the provisions of the Environment (Protection) Act, 1986.
dimension
 Animal Welfare Board of India is a statutory advisory body created under the
Prevention of cruelty to animals act. It was setup in 1962 to advice on animal welfare
laws and policy making
 National Biodiversity Authority created under Biodiversity Act, 2002 to ensure fair
and equitable benefits sharing that arise out of research on Indian biodiversity.
 Wildlife Crime Control Bureau is a Statutory body created under Wildlife protection

act to complement the efforts of states to prevent illegal activities related to wildlife
like smuggling, poaching.
 National Green Tribunal was created under the NGT Act for handling all cases
related to Environmental issues. It has powers of a civil court and is guided by
Principles of Natural Justice.
The natural environment serves the inspirational, aesthetic, spiritual and educational
needs of the people, of all cultures. Hence a traditional strategy for the protection of
biodiversity has been in practice in India and some other Asian countries in the form of
Cultural sacred forests. These are small forest patches protected by tribal communities due to
dimension religious sanctity. These have been free from all disturbances. Sacred forests are
located in several parts of India i.e. Karnataka, Maharashtra, Kerala, Meghalaya,
Similarly, several water bodies for example, Khecheopalri lake in Sikkim, have been
declared sacred by the people, leading to protection of aquatic flora and fauna
 Ecosystem services are the direct or indirect contributions ecosystems make to

human welfare. But many of these are intangible in nature because of which
humans are not able to analyse the impact of biodiversity loss.
 Second, many economic models assume that natural capital can be easily and
Economic
almost indefinitely replaced by human-built capital, when in fact nature and human-
dimension
built capital are both required for prosperity; for example, destroying an ecosystem
to build a housing development may currently generate economic value, at the
margin, but if all ecosystems are destroyed, food vanishes, civilisation fails and the
housing development is also worthless.
2) NEW BHARAT STAGE NORMS AND IMPACT ON DIESEL

SECTOR
The Supreme Court (A three-judge bench headed by Justice Madan B Lokur) banned the sale and registration of
motor vehicles conforming to the emission standard Bharat Stage-IV in the entire country from April 1, 2020. The
country will have to shift to the cleaner Bharat- VI fuel from April 1, 2020.
Further, the automobile companies have announced to eliminate diesel models from 1 st April, 2020 on the
backdrop of upcoming Bharat Stage VI Emission.
Hereby discussing the concept of Bharat Stage Norms, new rules and its impact on diesel sector.
►About Bharat Stage

 These are standards instituted by the government to regulate the output of air pollutants from motor
vehicles from internal combustion engines, equipment and motorvehicles.
 India has been following European (Euro) emission norms, although with a time lag of five years.
The BS IV norms had been enforced across the country since April 2017.

 In 2016, the Centre had announced that the country would skip the BS-V norms altogether and
leapfrog to BS-VI norms by 2020, overriding the recommendations of Sumitra Choudhuri committee
(2014) on Auto Fuel policy 2015.
Difference between BS-IV and BS VI

 The main difference in standards between the existing BS-IV and
the new BS-VI auto fuel norms is the presence of sulphur.
 BS-VI fuel will bring down sulphur by 5 times from the current BS-IV
levels which is equivalent to 80% reduction of sulphur, from 50
parts per million (ppm) to 10 ppm.
 The harmful NOx (nitrogen oxides) from diesel cars can be brought
down by nearly 70%. In the petrol cars, they can be reduced by
25%.
 The particulate matter like PM 2.5 and PM 10 are the most harmful
components of air pollution and the BS VI will bring the cancer-
causing particulate matter in diesel cars by a phenomenal 80%.
BS VI Rules and impact on the diesel sector

Major automobile companies have stated for moving away from the diesel segment because:
 The enhanced emission standards related to BS VI norms would make diesel engines costlier by up to
Rs.1.5 lakh, and the acquisition cost of diesel vehicles for consumers would be markedly higher
than petrol equivalents. It would not be feasible for the companies to invest in developing new diesel
engines to meet the norms.

 Further under the new norms, diesel cars need to be fitted with equipment to reduce pollutants such as
Nitrous Oxides and particulate matters. So, manufacturers are pulling the plug on production of diesel
cars.
 Also Narrowing prices between diesel and petrol over years has resulted in decline in sale of diesel cars
prompting consumers to shift towards cleaner fuels like petrol and CNG which are also cheap as
compared to their diesel counterparts.
 Environmentally, diesel is a heavy polluter and is losing ground in leading passenger vehicle markets
such as the European Union. The rigging of emissions data by Volkswagen to show lower levels of
nitrogen oxides accelerated the move away from diesel.
►Way forward
 An assessment by researchers published by The Lancet Planetary Health in December 2018 said most
Indian States, particularly those in north India, and 77% of the country’s population were exposed to an
annual population-weighted mean [fine particulate matter], PM2·5, greater than the 40 micrograms per
cubic meter of air limit recommended by the National Ambient Air Quality Standards.
 Even with a reduction in the Sulphur content in BS VI fuels, the health effects of lower emissions would
be lost due to a growing number of vehicles. The best scenario to reduce PM 2.5 exposure in India is,
therefore, not just shifting to BS VI fuels but bringing about a reduction in use of private vehicles through
augmented public transport and promoting alternative fuels including the use of electric vehicles.
 Ambient air quality has deteriorated in India that 15 Indian cities led by Gurugram
are among the 20 most polluted cities globally as per the IQAir AirVisual ‘World Air
Quality Report’ for 2018, based on fine particulate matter (PM2.5) that penetrates
the lungs and bloodstream.
Social  Transport emissions, particularly from diesel, are a major contributor.
dimension  Long-term exposure to nitric oxide can significantly increase the risk of respiratory
problems. The fine particulate matter (PM) that diesel engines produce also causes
cancer and can have acute respiratory effects.
 Diesel emissions of nitrogen oxides contribute to the formation of ground level
ozone.
 Political will for transition (India leapfrogged from BS IV to BS VI directly)

Political/Legal
 Penal provisions for violators
Dimension
 The standards and the timeline for implementation are set by the Central Pollution
Control Board under the Ministry of Environment & Forests and climate change
 ICAT is the premier testing and certification agency authorized by Ministry of Road
Institutional Transport and Highways for providing testing and certification services to the
dimension vehicle and component manufacturers in India and abroad. It has the latest
equipment, facilities and capabilities to develop, validate, test and certify the
engines and vehicles for the latest norms in the field of emission and many other
facilities like crash lab, NVH lab, EMC lab and test tracks.

 Behavioral change is needed to induce voluntary adoption of newer standard
Cultural vehicles.
dimension  Also, usage of public transport should be publicized to reduce the negative impact
of vehicular pollution.
 The health cost of air pollution in India has been assessed at 3% of its GDP
 Compliance with BS-VI norms will require higher investment in technology to
Economic upgrade vehicles in stock and making new vehicles.
dimension  The Bharat Stage VI-compliant fuel as well as vehicles will be more expensive to the
consumers
3) SAND MINING AND ITS IMPACT

Sand and gravels play an important role from construction to electronics to cosmetics. The demand for sand
resources is rising. Shifting consumption patterns, growing populations, increasing urbanization and infrastructure
development have increased demand three-fold over the last two decades. The problem is that we have been
exceeding easily available sand resources at a growing rate for decades. Further sand is being produced through
environmentally damaging extractive practices in sensitive terrestrial, riverine and ocean ecosystems.
Hence, discussing the potential solutions for mitigating mineral sands and aggregates extraction impacts and
generating adequate support for responsible consumption pathways based on the UNEP report.
►Sand and its significance

 Sand is a naturally occurring granular material composed of finely divided rock and mineral particles.
 Sand and gravels are the unrecognised foundational materials of economies. They are mined the world
over and used in infrastructure.
 Sand also constitutes an important abiotic component in aquatic ecosystems like rivers. lt provides
suitable substrate for many benthic organisms. It is an unavoidable component for psammophilic fishes
as it provides breeding, spawning, feeding and hiding grounds. Inter-beds of sand within floodplain
deposits act as aquifer systems storing large quantities of ground water.
 Sand acts as an efficient filter for various pollutants and thus maintains the quality of water in rivers and
other aquatic ecosystems.
►Mismatch in Demand and Supply

Shifting consumption patterns, growing populations, increasing urbanization and infrastructure
development have increased demand three-fold over the last two decades. We now need 50 billion tonnes
per year, an average of 18 kg per person per day.
This has created a mismatch between demand and supply. To meet the demand the increasing volume of
aggregates are extracted, often illegally, from riverine and marine ecosystems which create environmental
and social impacts of sand extraction
►Impacts of illegal Sand Mining

 Biodiversity degradation: Legal and illegal operations are increasingly reported adjacent to and inside
established biodiversity reserves and protected areas. On site impacts on habitats for marine and

freshwater fisheries and birdlife, and threatened species like turtles and freshwater dolphins have been
reported in some cases.
 Safety of workers: Direct safety risks for those working in the sector and living in the communities
where this takes place include drowning (of workers removing sand from river beds), subsidence and
landslides in extraction areas.
 Stream Degradation: In-stream mining lowers the stream bottom, which may lead to bank erosion.
Depletion of sand in the streambed and along coastal areas causes the deepening of rivers and
estuaries, and the enlargement of river mouths and coastal inlets. It may also lead to saline-water
intrusion from the nearby sea.
 Pollution: Aggregate extraction in rivers has led to pollution and changes in pH levels, instability of river
banks leading to increased flood frequency and intensity, lowering of water aquifers exacerbating
drought occurrence and severity. Damming and extraction have reduced sediment delivery from rivers to
many coastal areas, leading to reduced deposits in river deltas and accelerated beach erosion. This adds
to effects of direct extraction in onshore sand extraction in coastal dune systems and nearshore marine
dredging of aggregates, which may locally lead to long-term erosion impacts.
 Tourism: Tourism is affected by loss of key species and beach erosion, while both freshwater and marine
fishing — both traditional and commercial — has been shown to be affected through destruction of
benthic fauna that accompanies dredging activities.
 Water depletion: Sand mining transforms the riverbeds into large and deep pits; as a result, the
groundwater table drops leaving the drinking water wells on the embankments of these rivers dry.
►Gaps in Sand mining governance

 Current legal frameworks are not sufficient considering the global outlook on aggregates demand and
production. Existing international treaties, law, standards and best practices provide a foundation, but it
is incomplete in places. Where addressed, sand extraction currently crosses extractives, water
management, coastal zone management, biodiversity conservation legal systems and best practices.
Without an integrated view on the governance, planning and management of these resources, sand
extraction risks falling between the cracks into informal, or even illegal practices. Importantly, sand
extraction is not regulated in some countries. Guidelines for governing, planning and managing sand
extraction at the regional and international legal scale are needed.
 Minor minerals like sand, clay, stones, boulders, marble etc as per Section 3(e) of the Act are under the
domain of the State Governments. The minor mineral grant is politicised and leases are granted on the
basis of political consideration, resulting in corruption and unscientific exploitation.
 Sand industry is fragmented and significantly informal in some parts of the world. It can be a complex
value chain as artisanal and small-scale operations are legion in the sector – particularly in emerging
economies
►Recommendations by UNEP
Preventing or reducing damage to river, beach and marine ecosystems and social risks to workers and
communities in sand extraction sites can be achieved through some already existing solutions:
 Avoiding consumption through reducing over-building and over-design. Society can make more efficient
use of sourced aggregates through alterations to infrastructure and building designs so that sand and
gravel demand and extraction is reduced to responsible levels.

 Using recycled and alternative materials to sand in the construction sector. Society can make more
efficient use of sourced aggregates through using substitutes to natural sand where feasible so that
extraction is reduced to responsible levels.
 Reducing impacts through implementing existing standards and best practices. Society can implement
existing legal and voluntary standards and best practices in the extractives, environmental and other
related sectors while analysing of sourced aggregates through use of substitutes to natural sand so that
extraction is reduced to responsible levels.
 The sand value chain needs to be better understood – including all stakeholders – to implement
avoidance and reduction strategies well.

 Coastal communities dependent on fishing, tourism etc. are the worst sufferer from
Social
harms of sand mining.
dimension
 River shore erosion poses threats to local community habitats and their livelihood.
 Curbing illegal sand mining and busting sand mafias requires Strong political will.
 Collaborative efforts to achieve better spatial planning and reducing
unnecessary construction.
 Unlike coal or granite, there is no separate policy for river beach sand mining, and it
Political/Legal is broadly included as minor minerals in MMDR Act, 1957.
Dimension  Draft Sand mining recommendation, 2018 of Ministry of mines provides State-
wise policy and process analysis of sand mining.
 However, in Draft NATIONAL MINERAL POLICY, 2019, Beach Sand Mineral is
mentioned yet riverbed sand is absent there.
 According to Geological Survey of India, riverbeds mining severely affects the river
eco-system by causing several alterations to the physical characteristics of both the
river and the riverbeds.
Institutional
 Construction industry Development council (CIDC), which guides the
dimension rd
government on construction policy has reported that almost 1/3 of domestic
sand demand is met by illegal mining.
 Awareness dissemination through Sand Art, Beach tourism etc. to sensitize people
Cultural
about the importance of sand in our ecosystem
dimension
Economic  Revenue loss due to illegal mining of sand is estimated to be about 1/3 rd of total
dimension revenue from sand mining.

4) DELHI AIR POLLUTION
Delhi, along with the capital city of India, is also attributed as the pollution capital of India. According to
a WHO survey of 1600 world cities in 2015, the air quality in Delhi, is the worst of any major city in the world.
Hereby discussing the status of pollution in India and initiatives done.
►Sources of air pollution

The air pollution in Delhi is a trans-boundary and
Gravity of the problem of Air pollution in Delhi –
climate induced phenomenon. Major sources:
 Natural sources: Natural sources of air 1. Air pollution in Delhi is responsible for
pollution include volcanic activity, dust, sea- approximately 10,000 to 30,000 annual deaths
salt, forest fires, lightening, soil outgassing, in the city. This means the capital city loses 80
etc. lives every day to pollution from PM2.5.
 Anthropogenic sources: These sources 2. Air pollution has increased by three times in
include stationary point sources (e.g. emission nearly 20 years.
from industries), mobile sources (e.g. 3. The safe standard for PM2.5 in India is 40
vehicular emission, marine vessels, airplanes
micrograms per cubic metre (annual average
etc.), waste disposal landfills, open burning
standard), four times higher than the World
etc.
Health Organisation (WHO) guideline (10
microgram/cubic metre).
 In case of Delhi, the current analysis sources
4. 2.2 million children in Delhi have irreversible
are hinting towards colder weather, stagnant
lung damage due to the poor quality of the air
winds trapping the various sources of smoke.
whereas in adults reduced lung capacity,
The primary sources of smoke are stubble headaches, sore throats, coughs, fatigue, lung
burning, lit garbage, road dust, power plants, cancer, and early death are the common impact.
factories, and vehicles. These factors,
combined with the above factors, further aggravates the problem.
►Policy approach to handle the problem of Air Pollution in Delhi

A. Monitoring and Assessment
The monitoring is undertaken by various organizations viz. Central Pollution Control Board (CPCB), Delhi
Pollution Control Committee (DPCC), and System of Air Quality and Weather Forecasting and Research
(SAFAR) of Indian Institute of Tropical Meteorology (IITM), Pune.
 National Air Quality Monitoring Programme (NAMP) - The number of operating monitoring stations
under NAMP has increased steadily to 614 by 2016 covering 254 cities across the nation (29 states and 5
UTs). Under this Programme, there are 10 monitoring stations functioning in Delhi.
 Source apportionment study is based on tracking down the sources through receptor modeling and it
helps in identifying the sources and extent of their contribution.
 National ambient air quality standards (NAAQS) by Central Pollution Control Board.
B. Control and Mitigation
 Graded Response Action Plan - The Supreme Court’s order in December 2016 in the matter of M. C.
Mehta vs. Union of India regarding air quality in National Capital Region of Delhi, a Graded Response
Action Plan has been prepared for implementation under different Air Quality Index (AQI) categories -
Moderate & Poor, Very Poor, and Severe as per National Air Quality Index.
 National Clean Air Programme (NCAP) – A nationwide pollution control initiative launched by Ministry
of Environment, Forest and Climate Change (MoEFCC) to cut the concentration of particles (PM10 &

PM2.5) by 20-30% by 2022. Vehicular pollution alone contributes about 72% of the total air pollution load
in Delhi as estimated using emission factor and activity-based approach recommended by IPCC.
However, present study finds that it is not only the vehicular pollution, rather, domestic pollution,
industrial emission, road dust, and garbage burning also have a large share in Delhi’s total pollution load.
Furthermore, construction of infrastructure including large residential complexes potentially contributes
to the Delhi’s air pollution load.
 Comprehensive Action Plan - In 2018, the Central Pollution Control Board came out with CAP for Delhi
and the National Capital Region. CAP is a long-term plan which lays down systemic changes to be
implemented to fight air pollution. CAP differs from other plans, as it fixes responsibilities of works to be
done on different agencies and also issues deadlines.
The Comprehensive Action Plan (CAP) has asked the agencies concerned to ensure strict compliance of
shift to BS VI by 2020, expand CNG network across NCR, an introduction of battery-operated vehicles and
install vapour recovery systems. Moreover, the plan asks for better traffic management and calls for a
parking policy.
►Why implementation failed?

 Multiplicity of agencies involved -- Central government, State governments, municipal bodies -- also
affects the implementation of plans.
 The Delhi government’s process to procure around 3,000 buses is caught in red tape and the deadline
has not been met.
 Dust is a major cause of pollution; little has been done across Delhi to prevent dust from rising in the air,
in terms of landscaping of roads or by planting shrubs, trees and grass along the sides of roads.
 Lack of cooperation with neighboring States as with Punjab and Haryana in case of stubble burning.

►Recommendations/suggestions to improve the air quality of Delhi
Even after taking several initiatives, the pollution in Delhi is rising uncontrollably. To tackle the problems and
to reduce health risks generated due to air pollution, immediate steps need to be taken. Some suggestions
in this regard -
 Effective control measures of pollution, and proper installation of air pollution control devices and their
smooth functioning must be ensured before the establishment of any industry. After the establishment
of industry, proper functioning of the installed controlling units must also be ensured.
 Emission from construction industries / activities can be minimized by adopting best practices such as;
use of water sprays for dust suppression, creating ridges to prevent dust, compaction of disturbed
soil, prevention of dumping of earth materials along roadside etc.
 Restrictions may be imposed over the number of vehicles owned by an/a individual/family.
 High parking charges on lines of Singapore/ East Asian countries to promote use of public transport.
 Environmental and social impact assessment prior to establishing any new industry/projects
 There should be strict restrictions on old polluting vehicles (> 10 yrs. age) and subsidies may be given on
the vehicles running on cleaner fuels (CNG, EV’s).
 There should be strict checking of PUC certificates and a uniformity in the fuel quality standards to be
maintained across the country.
 Up-gradation of public transport by improving service quality, enhancing the number of modes, ensuring
last mile connectivity, and better road management.
 Improvement in traffic signal co-ordination for continuous traffic flow to reduce traffic jam and idling
time can also help to minimize the vehicular pollution.
 Corporate firms/ government offices may draw up an action plan to have bus/cab service for their
employees with reasonable rates.
 Idea of working in different shifts for corporate firms / government offices to minimize traffic at peak
hours can be introduced.
 Strict rules should be imposed for proper dumping and disposal of solid waste, since unregulated
burning results in pile-up of smoke and particulate matter in concentrated form at one place. Regular
functioning of all the installed solid waste treatment facilities must also be ensured.
 Vegetation cover should be increased along the highways, road dividers, and busy traffic intersection
points.
 Mass awareness should be increased through electronic and print media for all age groups towards
sustaining the environment and to reduce pollution. Public should also be motivated for the use of public
transport.
 Research and development for the battery-run Vehicles (EV’s)to make the economically and
ergonomically viable.

 Air pollution has been linked to lung cancer, stroke and heart disease.
 In 2017, 1.24 million people died in India due to air pollution, according to a study
Social
funded by the Indian government and the Bill & Melinda Gates Foundation.
dimension
 Further according to the experts, cardiovascular diseases and respiratory diseases
kill the most number of people in the Capital and air pollution plays a “major role”

in both.
 Pollution has a huge social cost as it reduces the human resource of the nation.
 Policy dimensions related to emission standards (Bharat Stage Emissions

Standards (BSES)), fuel quality, Testing and certification.
Political/Legal
 Policies like Odd-even scheme, parking charges, Vehicular ownership etc. to curb
Dimension congestion and pollution
 Ban on stubble burning and co-operation of bordering states on this issue.
Institutional  Inter-operability mechanism of various institutions working in this space, like CPCB,
dimension MoEFCC, DPCC etc. for policy convergence and additive collaborations.
 Mass awareness of the harms of polluting activities

Cultural
 Behavioral changes are needed to curb open defecation, overuse/ wasting of
dimension
resources, segregation of solid waste, etc.
 Both cause and effects of pollution has serious economic implications.

 Causing pollution through overuse, consumerism culture, lavish lifestyles etc. not
Economic
only endangers our sustenance but also costs us dearly.
dimension
 Effects of pollution – health hazards, loss of life, fragile ecosystem,
diminishing biodiversity, etc. all have definite economic implications.
5) TROPICAL CYCLONE AND DISASTER PREPAREDNESS

Tropical cyclones are common phenomenon in India due to climatic and geographical factors in the Indian Ocean.
Thus, preparedness of it is must to mitigate its severe impact.
The recent cyclone Fani has created havoc. Hereby discussing the tropical cyclone, features of cyclone Fani and
disaster preparedness in India with the example of Odisha.
►What is Tropical cyclone?

Tropical cyclones are violent storms that originate over oceans in tropical areas and move over to the
coastal areas bringing about large-scale destruction caused by violent winds, very heavy rainfall and storm
surges.
►Conditions Favourable for Tropical Cyclone Formation:

 Large sea surface with temperature higher than 27° C,
 Presence of the Coriolis force enough to create a cyclonic vortex,
 Small variations in the vertical wind speed,
 A pre-existing weak low-pressure area or low-level-cyclonic circulation, and
 Upper divergence above the sea level system.
►Difference between cyclones of Arabian Sea and Bay of Bengal

 Sea surface temperatures and humidity both directly correlate with chances of cyclone formation, the
Bay of Bengal is a more likely target because it gets higher rainfall, and because the sluggish winds
around it keep temperatures relatively high: about 28 degrees around the year. Warm air currents
enhance this surface temperature and aid the formation of cyclones.

 In addition, the Bay receives higher rainfall and constant inflow of fresh water from the Ganga and
Brahmaputra rivers. This means that the Bay’s surface water keeps getting refreshed, making it
impossible for the warm water to mix with the cooler water below, making it ideal for a depression. On
the other hand, the Arabian Sea receives stronger winds that help dissipate the heat, and the lack of
constant fresh water supply helps the warm water mix with the cool water, reducing the temperature.
 But not all cyclones are formed in the Bay of Bengal. The basin is also host to cyclones that are formed
elsewhere but move towards the water body, especially those formed in the Pacific Ocean. Cyclones
usually weaken if they encounter a large landmass. However, due to the lack of any such presence
between the Pacific and the Bay, cyclonic winds easily move into the Bay of Bengal. Once here, the winds
encounter the Western Ghats and the Himalayas, either becoming weak or getting blocked in the Bay,
but never reaching the Arabian Sea.
Since high water and air temperatures are crucial to the formation and intensification of cyclones, they are
most commonly reported, or expected, in summer. However, the Bay witnesses cyclones both pre-monsoon
and post-monsoon.
 The post-monsoon period sees a higher number of cyclones than the pre-monsoon period. This is
because summers and pre-monsoons see dry and hot air moving from north-western India towards the
Bay. This blocks the rise of air from the water, and the subsequent formation of clouds, preventing
cyclone-friendly conditions.
 But the absence of this air movement in the post-monsoon phase increases the chances of cyclones.
All these factors make the Bay of Bengal the one of the most sensitive areas in the world when it comes to
cyclones. It also explains why people in the coastal states along the Bay live in perpetual risk of this
destructive weather phenomenon.
►About Cyclone Fani

 Cyclone Fani, one of the biggest storms in slammed the city of Puri in Odisha with winds raging up to 200
kmph recently.
 Though, in terms of maximum wind speed, Fani is only the seventh highest among cyclones to have
originated from the Northern Indian Ocean since the 2000s, very rarely do such cyclones which were
formed in the month of April over the Bay of Bengal go on to make landfall in India. This makes Fani a
unique case of a cyclone that originated in April.
 The in situ cyclonic systems in the Bay of Bengal usually originate around latitude 10°, in line with
Chennai or Thiruvananthapuram. Fani, on the other hand, originated quite close to the Equator, around
latitude 2°, well below the Sri Lankan landmass.
 It has traversed a long way on the sea, thus gaining strength that is unusual for cyclones originating in
the Bay of Bengal in this season.
►Lessons learnt for disaster management from Fani

 For governments to organize disaster relief effectively, they need two things: Timely information about
an upcoming disaster, and incentives to respond to this information.
 Disaster management authorities in India launched a massive operation in preparation for the extremely
severe cyclonic storm, evacuating a reported one million people, advising people on what to do and
issuing warnings. of the cyclone. Several thousand cyclone centres were readied. Schools and airports
closed.

►Case Study of Orissa
In 1999, the Odisha government mismanaged its response to Super cyclone 05B (1999). More than 10,000
people perished.
Since 1999, Odisha’s governments, with help from India’s federal government and the World Bank, built an
impressive disaster response machinery, including a State Disaster Management Authority. Government
agencies developed a system for disseminating timely information, critical for timely evacuations. They have
created a large number of cyclone shelters, expanding the number from 21 in 1999 to 900 shelters in 2019
to ensure that everyone who could be threatened was within 1.5 miles of a shelter. And about 15,000 school
buildings have been constructed or retrofitted to serve as temporary shelters.
In regions threatened with a cyclone, flood, or fire, governments need to decide when and where to order an
evacuation, for this role of technology come into play. Meteorological satellites alerted the meteorological
department when the cyclone altered its course and moved northwards.
The Odisha government ordered a targeted evacuation of the landfall areas, broadcasting the evacuation
order over traditional media such as radio and television – and over cellphones, sending 2.6 million texts.
The government’s “zero casualties” policy for natural disasters and the near accuracy of the India
meteorological department’s early warning system have helped reduce the possibility of deaths from
cyclone Fani. A record 1.2m people (equal to the population of Mauritius) were evacuated in less than 48
hours, and almost 7,000 kitchens, catering to 9,000 shelters, were made functional overnight. This
mammoth exercise involved more than 45,000 volunteers.
►Steps needed/Way forward

 Integrating disaster considerations into development planning framework such as accounting for
disaster impacts in zoning and master planning, adopting measures in building bye-laws and regulations,
both at the national and sub-national levels, will be an important step to make the infrastructure resilient
to withstand the impacts of calamities.
 The Model Building Byelaws 2016 of the Ministry of Housing and Urban Affairs already provides for risk
classification of buildings and climate-resilient construction. However, most of the vulnerable cities in
India do not comply with the guidelines. In the absence of strict regulatory enforcement framework, cities
would continue to incur significant loss and damage.
 As climate change is projected to precipitate the intensity and frequency of extreme events, there are
significant opportunities for research into developing disaster-resilient infrastructure and dynamic policy
responses. India already has an excellent institutional framework for predicting disasters. The Indian
Space Research Organisation (ISRO) and National Remote Sensing Agency (NRSA) provide satellite eyes
capable of high-resolution imaging of weather systems while the India Meteorological Department (IMD)
carries out their real-time monitoring. The GSI maps out the landslide potential zones in all the high-risk
areas and can predict tsunamis. These institutional climate capabilities should be collectively mobilised to
create a comprehensive approach that could guide designing, planning and delivering on resilient
infrastructure building.
 A well-planned ‘government-academia-industry’ collaboration to get the best learning out of disaster
events would benefit the state as well as the country.
 There is also an opportunity for India to learn from global best practices. Countries such as Hong Kong,
China, Japan, and Korea have built a robust infrastructure over the years keeping in mind the frequent
typhoons it must withstand. Vulnerable coastal states such as Odisha must draw lessons to prepare their
systems to respond to a disaster effectively and gets back up on its feet rapidly.

 Most importantly, a densely populated country like India must create a community level supplementary
infrastructure to manage their emergency requirements of evacuation, food supply, water and
sanitation, health, power supply, etc. till the centralised infrastructure services return to normal after a
disaster. Non-Governmental Organisations should assist the government in helping the vulnerable
communities learn its operation, maintenance, and management.

Social costs include, loss of life and livelihood, loss of crops leading to food scarcity,
education and other services destroyed, increased burden on governments to rebuild
Social areas affected, and money meant for other projects must now be used repair the
dimension damage done my the cyclone.
However, it can be stated that social cost is increasing due to haphazard urbanization,
coastal area encroachment and poor disaster resilient structure.
Under the Disaster Management Act, 2005, the National Disaster Management
Authority has been established at the centre, and the
SDMA at state and district authorities at district level are gradually being formalized. In
Political/Legal addition to this, the National Crisis Management Committee, part of the earlier setup,
Dimension also functions at the Centre. The nodal ministries, as identified for different disaster
types of function under the overall guidance of the Ministry of Home Affairs (nodal
ministry for disaster management). This makes the stakeholders interact at different
levels within the disaster management framework.
National Disaster Response Fund (NDRF) is a fund managed by the Central Government
for meeting the expenses for emergency response, relief and rehabilitation due to any
threatening disaster situation or disaster. NDRF is constituted to supplement the funds
Institutional
of the State Disaster Response Funds (SDRF) of the states to facilitate immediate relief
dimension in case of calamities of a severe nature.
The India Meteorological Centre (IMD) has six cyclone warning centres in Chennai,
Visakhapatnam, Bhubaneswar, Kolkata, Ahmedabad and Mumbai.
Cultural Traditional knowledge about responding to cyclones in modern times and conservation
dimension of ecosystem.
The direct or indirect costs from a cyclone can be divided into a number of broad
categories, some of which are identified below.
 Cost of damage.
Economic  Cost of preparedness.
dimension  Cost of the warning service.

 Cost of relief.
 Loss in business revenue.
 Losses to agriculture.

1) SEPARATION OF POWER
There are three distinct activities in every government through which the will of the people are expressed. These are
the legislative, executive and judicial functions of the government. Corresponding to these three activities are three
organs of the government, namely the legislature, the executive and the judiciary. The legislative organ of the state
makes laws, the executive enforces them and the judiciary applies them to the specific cases arising out of the
breach of law. Each organ while performing its activities tends to interfere in the sphere of working of another
functionary because a strict demarcation of functions is not possible in their dealings with the general public. Thus,
even when acting in ambit of their own power, overlapping functions tend to appear amongst these organs.
Thus the concept of Separation of Power came into being. Hereby discussing the concept using to concepts:
a) Ordinance
b) Judicial activism
►Concept of Separation of Power

The doctrine of Separation of Powers is of ancient origin. The history of The origin of the doctrine is
traceable to Aristotle. In the 16th and 17th Centuries, French philosopher John Boding and British Politician
Locke respectively had expounded the doctrine of separation of powers. But it was Montesquieu, French
jurist, who for the first time gave it a systematic and scientific formulation in his book ‘Esprit des Lois’ (The
spirit of the laws).
Montesquieu states that:-
 If the legislative and executive powers are combined in the same organ, the liberty of the people gets
jeopardized because it leads to tyrannical exercise of these two powers.
 If the judicial and legislative powers are combined in the same organ, the interpretation of laws becomes
meaningless because in this case the lawmaker also acts as the law interpreter and he never accepts the
errors of his laws.
 If the judicial power is combined with the executive power and is given to one-person or one organ, the
administration of justice becomes meaningless and faulty because then the police (Executive) becomes
the judge (judiciary).
 Finally if all the three legislative, executive and judicial powers are combined and given to one person or
one organ, the concentration of power becomes so big that it virtually ends all liberty. It establishes
despotism of that person or organ.
As such, the three powers should not be combined and given neither to a single organ nor to two organs.
These three powers should be used by three separate organs of the government. It is essential for
safeguarding the liberty of the people.
►Importance of the Doctrine

 The main object is that there should be government of law rather than having willed and whims of the
official.
 It provides independence of judiciary. The judiciary is the scale through which one can measure the
actual development of the state if the judiciary is not independent then it is the first step towards a
QIP_19_POLITY AND GOVERNANCE / RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 35

tyrannical form of government i.e. power is concentrated in a single hand and if it is so then there is a
cent percent chance of misuse of power.
 The Doctrine of separation of power plays a vital role in the creation of a fair government.
►Example of Constitutional Provisions for checks and balances

 Judges are the subject matter of the judiciary but removal of the judges, in a case in which they have not
acted properly, can be removed by the President on an address by both the houses of Parliament
presented in the same session. The address must be supported by a majority of the total membership in
each house, and also by majority of not less than two thirds of the members of each House present and
voting.14 By this, two things can be achieved- firstly, judiciary cannot remove any judges by using its
discretionary power in both ways- in a case where judge has really conducted misbehavior and in a case
where there is any political pressure or any prejudice against any judge. By any reason, a judge cannot be
removed except the legislature does it. Secondly, legislative body can remove the judge by impeachment
but only by two third majority. It means legislature can interfere in the process of judiciary but as per the
condition i.e. two third majority.
 The supreme court of India- judicial wing, has power to void the laws passed by the legislature. It can also
declare the action conducted by executive void which violate the constitution provisions or law passed by
the legislature.
►Current issues surrounding Separation of Power concept

a) Ordinance making and Separation of Powers:
Under the Indian Constitution, the executive powers are vested with the President and Governors for
respective states. The President is, therefore, regarded as the Chief Executive of Indian Union who exercises
his powers as per the constitutional mandate on the aid and advice of the council of ministers.
The president is also empowered to promulgate ordinances in exercise o his extensive legislative powers
which extend to all matters that are within the legislative competence of the Parliament. Such a power is co-
extensive with the legislative power of the Parliament.
Allowing the executive to make legislative changes, though temporary in nature, without the approval of
parliament undermines the role of parliament as a legislative institution. Note that the practice of vesting
law-making powers in the government in the form of promulgation of ordinances does not exist in other
democracies such as the UK, the US, Australia and Canada. This is because legislatures in these
countries have an annual calendar of sittings such that they convene regularly through the year, tha t is a
few weeks every month. For example, in the last 15 years, the average number of sitting days in the US
House of Representatives is 140 and in UK House of Commons is 150. In comparison, the Indian
parliament sat for 57 days last year.
One way to minimise the need for Ordinances could be by increasing the number of parliament sittings.
The National Commission to Review the Working of the Constitution (2002) had recommended that Lok
Sabha should have at least 120 sittings in a year, while Rajya Sabha should have 100 sittings.
b) Judicial Activism and Separation of Power
Judicial review and activism functions of the judiciary is an important element to keep a check on the
legislature who are the law makers of the land, so that they do not exceed their powers and work within the
allowances that the constitution has made for them.
Judicial activism implies going beyond the normal constraints applied to jurists and the Constitution, which
gives jurists the right to strike down any legislation or rule against the precedent if it goes against the
Constitution. Judicial activism is premised upon the fact that judges assume a role as independent policy

makers or independent “trustees” on behalf of society that goes beyond their traditional role as interpreters
of the Constitution and laws.
Judicial activism may be a welcome measure on in a short run where it helps in maintaining the rule of law
and allows one organ to sustain the administration of the country when other organs are not performing. If
it is practiced for a long time it may dilute the theory of separation of power and the doctrine of checks and
balances.
There is a thin line between activism and overreach.
While judicial activism is considered positive to supplement the fallings of the executive, but the overreach
into the executive’s domain is considered an intrusion into the proper functioning of democracy.
c) Issue of Office of Profit
Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is
barred from holding any office of profit under the central or state government. The articles clarify that “a
person shall not be deemed to hold an office of profit under the government of India or the government of any
state by reason only that he is a minister”.
An office of profit is an office which is capable of yielding a profit or pecuniary gain. Holding an office under
the Central or State government, to which some pay, salary, emolument, remuneration or non-
compensatory allowance is attached, is “holding an office of profit” for the purpose of Article 102 of the
Constitution of India.
A certain office will qualify to be an office of profit if-
a) Government makes the appointment
b) Government has the right to dismiss the office bearer at its will
c) Government pays the remuneration
d) Government exercises control over the functions of the office holder
e) Office yields personal gains to the holder
The idea behind the concept is to preserve independence of legislature from the executive because MPs and
MLAs, as members of the legislature, hold the government accountable for its work. The essence of
disqualification under the office of profit law is if legislators holds an ‘office of profit’ under the government,
they might be susceptible to government influence, and may not discharge their constitutional mandate
fairly. The intent is that there should be no conflict between the duties and interests of an elected
member. Hence, the office of profit law simply seeks to enforce a basic feature of the Constitution- the
principle of separation of power between the legislature and the executive.

It has been seen time and again that the unlimited power in the hands of one person or
Social group in most cases means that others are suppressed or their powers curtailed. The
dimension separation of powers in a democracy is to prevent abuse of power and to safeguard
freedom for all. It helps in curtailing Majoritarianism.
Articles in the constitution which defines Separation of Powers:

Political/Legal a) Article 50 puts an obligation over the state to separate the judiciary from the
Dimension executive.
b) Under Articles 121 and 211, the legislatures cannot discuss the conduct of a

judge of the High Court or Supreme Court. They can do so only in matters of
impeachment.
c) Under Articles 122 and 212, the courts cannot inquire the validity of the
proceedings of the legislatures.
d) Under Article 361, the President and Governors enjoy immunity from court
proceedings.
The doctrine of Separation of Powers has not been accepted in India in its strict sense.
In India, not only there is functional overlapping but there is personnel overlapping
Institutional
also. The Supreme Court has power to declare void the laws passed by the legislature
dimension
and the actions taken by the executive if they violate any provision of the Constitution
or the law passed by the legislature in case of executive actions.
Cultural
It helps in preventing the abuse of power.
dimension
Economic
Well-designed institutions can improve economic performance.
dimension
2) CLEMENCY POWER OF PRESIDENT AND GOVERNOR

The Power to Pardon includes the power to commute (when death sentence is commuted to one of life
imprisonment), the power to reprieve (withdrawal of a sentence for a while thus postponing the execution of the
sentence), Power to Remit the punishment, in whole or in part.
Constitution has provided pardoning powers to the President and Governor. Hereby discussing the powers
provided and issues of timeline of verdict on pardoning and judicial review has been covered in the article.
►Pardoning Power of President and Governor

Power of pardon under Article 73 and 161 by the Constitution is different from judicial power as the
governor or the President can grant pardon or reduce the sentence of the court even if a minimum is
prescribed.
►Article 72:
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or
to suspend, remit or commute the sentence of any person convicted of any offence -
a) in all cases where the punishment or sentence is by a Court Martial;
b) in all cases where the punishment or sentence is for an offence against any law relating to a matter
to which the executive power of the Union extends;
c) in all cases where the sentence is a sentence of death.
Thus, Article 72 empowers the President to grant pardons etc. and to suspend, remit or commute sentences
in certain cases.
►Article 161:
Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases The
Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment

or to suspend, remit or commute the sentence of any person convicted of any offence against any law
relating to a matter to which the executive power of the State extends.
The Article deals with the power of the Governor to grant pardons, etc, and to suspend, remit or commute
sentences in certain cases. The Governor of a State shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the sentence of any person
convicted of any offence against any law relating to a matter to which the executive power of the State
extends. Thus, this Article empowers the Governors of States to grant pardon, reprieves, respites or
remissions of punishment or suspend, remit or commute the sentence of a person convicted of an offence
against a law relating to a matter to which the executive powers of the State extends.
DIFFERENCE BETWEEN PARDONING POWERS OF PRESIDENT AND GOVERNOR:

The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of
the Governor under Article 161. The power differs in the following two ways:
The power of the President to grant pardon extends in cases where the punishment or sentence is by a
Court Martial but Article 161 does not provide any such power to the Governor.
The President can grant pardon in all cases where the sentence given is sentence of death but pardoning
power of Governor does not extend to death sentence cases.
►Purpose of Granting Pardon:

 Pardon may substantially help in saving an innocent person from being punished due to miscarriage of
justice or in cases of doubtful conviction.
 The hope of being pardoned itself serves as an incentive for the convict to behave himself in the prison
institution and thus, helps considerably in solving the issue of prison discipline.
It is always preferable to grant liberty to a guilty offender rather than sentencing an innocent person.
 The object of pardoning power is to correct possible judicial errors, for no human system of judicial
administration can be free from imperfections.
►Debates/issues related to pardoning power

a) Should there be any timeframe for granting of pardon?
There is a debate as to whether we can have a time frame for the exercise of the pardon power.
 The Supreme Court is of the view that delay in the decision of the President causes avoidable mental
agony and suffering to the convict. Therefore, to contain such unnecessary harm to the convict there
should be a time frame during which the executive has to give its decision.
 Article 21 demands that any procedure, which takes away the life and liberty of persons, must be
reasonable, just and fair. This procedural fairness is required to be observed at every stage and till the
last breath of life. If there has been an inordinate delay in the disposal of a mercy petition then
procedural fairness is vitiated and Article 21 is violated. Therefore, there should be a time frame for the
disposal of a mercy petition.
 However, there is a different point of view as well. The time taken by the executive for disposal of mercy
petitions may depend upon the nature of the case and the scope of inquiry to be made. It may also
depend upon the number of mercy petitions submitted by or on behalf of the accused. Moreover, no
fixed delay can be considered a fixed period. The court, therefore, cannot prescribe a time limit for
disposal even of mercy petitions.

b) Is Judicial Review available on Clemency powers?
In the case of Epuru Sudhakar v. Government of Andhra Pradesh, the Supreme Court laid down that judicial
review under Articles 72 and 161 is available on the following grounds: -
 That the order has been passed without application of mind;
 That the order is mala fide;
 That the order has been passed on extraneous or wholly irrelevant considerations;
 That the order suffers from arbitrariness.
The Court also emphasized that for effective exercise of judicial review reasons for the exercise of power
under these articles must also be provided.
Besides, it held that pardon obtained on the basis of manifest mistake or fraud can also be rescinded or
cancelled.
The Court further elaborated that if power under Article 72 is exercised on irrational, irrelevant,
discriminatory grounds or in bad faith, then in such cases Court can examine the case and intervene if
necessary.
c) Is it a violation of Separation of Power?
The President while exercising the power under Article 72 can go into the merits of the case notwithstanding
that it has been judicially concluded by the consideration given to it by the Supreme Court. The power under
Article 72 entitles the President to examine the record of evidence of the criminal case and to determine for
himself whether the case is one deserving the grant of the relied falling within that power. He can, on
scrutiny of the evidence on record in the criminal case, come to a conclusion different from that recorded by
the Court in regard to the guilt of, and sentence imposes on, the accused.
In doing so, the President does not amend or modify or supersede the judicial record. The judicial record
remains intact and undisturbed. Therefore, there is no interference with the functions of the judiciary. The
administration of justice by the courts is not necessarily always wise or certainly considerate of
circumstances, which may properly mitigate guilt. To afford a remedy, it has always been thought essential
in popular governments, as well as in monarchies, to vest in some other authority than the courts, power to
improve or avoid particular criminal judgments. It is only a check entrusted to the Executive for special
cases.
It is clear that the powers vested in the President of India under Art. 72; in the Governor under Article 161 of
the Constitution and in the State Government under S. 401 of the Cr.P.C. are essentially executive powers of
mercy which operate in completely different fields. The trial of criminals and the passing of sentences are
purely in the domain of the judiciary whereas the execution of sentences is purely with the Executive
Government.
Thus it is clear that the orders under Article 72 are essentially and basically executive orders in a completely
different field. The Head of the Executive exercises his powers of mercy under the Constitution commonly
known as ‘mercy jurisdiction’. Since no such powers are vested with any judicial organ; there can be no
infringement upon its functions.
Social Punishment can be used as a method of reducing the incidence of criminals behaviour
dimension either by deterring the potential offenders or by incapacitating and preventing them
from repeating the offence or by reforming them into law-abiding citizens. Pardon may
substantially help in saving an innocent person from being punished due to miscarriage

of justice or in cases of doubtful conviction. It has been the safety valve by which harsh,
unjust, or unpopular results of formal rules could be corrected.
It helps in rebuilding the trust on judiciary among common people.
Political/Legal Article 72 of the Indian Constitution empowers thatthe President has power to grant
pardons, reprieves, respites, remissions of punishments or to suspend, remit or
Dimension
commute sentence of any person convicted of an offence where punishment or
sentence is by a Court martial, is for an offence against any law relating to a matter to
which the executive power of the union extends, in where the sentence is a sentence of
death, A parallel power is given to the Governor of the State under Article 161.
Institutional Due to the procedural limitations there is a delay caused in disposing of the pardoning
dimension petitions. Delay adversely affects the prisoners’ rights and sometimes even the mental
health of the prisoners is suffered. There should be some fixed time fra me for the
disposa l of mercy petitions.
The exercise of power by the president is subject to judicial review where the
presidential decision is arbitrary, irrational, malafide or discriminatory.
Cultural Pardon should be granted on the basis of public welfare and rule of law, not because of
dimension any religious, political or cultural affinity. The ultimate purpose of granting a pardon
should be, to create a better society to live in.
3) DISCRETIONARY POWERS OF THE GOVERNOR

The head of the executive in all the states is the Governor, who is the constitutional head like the President. The real
executive power in a state is vested in the Council of Ministers headed by the Chief Minister. Art. 153 create the
office of the Governor. Generally each state has a Governor but under the provision to Art. 153 the same person
may be appointed Governor for two or more states. The executive power of the state is exercise by the Governor
either directly or through officers subordinate to him. He has been provided few discretionary powers.
Time and again there are debated related to it. Hereby understanding the functions and limitations of the post of
Governor as envisaged in modern times.
►Discretionary powers of the Governor

It is notable that while the President only enjoys certain implied discretionary powers, the constitution under
Article 163 expressly recognizes explicit discretionary powers. It implies that there are certain areas where
the Governor can act without the aid and advice of the council of ministers.
Art. 163 states that " There shall be a Council of Ministers headed by the Chief Minister to aid and advise the
Governor and the Governor shall exercise his powers according to such advice except where the
Constitution requires him to act in his discretion.
►The powers are:

 Choice of Chief Minister in case of a hung Assembly.
 Asking the Government to prove its strength in the Assembly.
 Dismissing a Chief Minister who loses the confidence of the House.
 Recommending President's Rule (Art.356).
 Reserving Bills for consideration of the President (Art. 200).

►Issues related to the post of Governor
a) Controversy in appointment of Chief Minister

 The Executive Power of a State shall be vested in the Governor who shall be the head of the State. The
Governor is appointed by the President and shall hold office during the pleasure of the President. Thus,
effectively the governor acts as the head of the state and also as a representative of the Centre.
 Controversy at times arises when both functions of the Governor overlap and the question arises as to
which function supersedes which in this era of multi-party system. This dual function of the Governor in
recent times has created enough controversies where different parties enjoy power at the Centre and in
the States.
 In most of the recent held Assembly elections in Goa, Manipur, Meghalaya and Karnataka, no political
party had majority on their own. Hence, in such a situation the role of governor became crucial as he has
discretion to call either -
 the single largest party,
 political parties having pre-poll alliance or
 different political parties who may stitch a post poll alliance
The use of such discretionary powers at times becomes controversial when different political parties are
in government at the Centre and in the state. It is important to note here that discretion given by the
constitution has a purpose and such powers needs to used only to fulfill the mandate of the constitution
and not of any political party.
Views of Sarkaria commission

The central government set up the Justice R S Sarkaria Commission in June 1983 to examine the
relationship and balance of power between state and central governments. The Commission suggested that
in choosing a Chief Minister, the Governor should be guided by the following principles:
 The party or combination of parties that command the widest support in the Legislative Assembly should
be called to form the government.
 The Governor’s task is to see that a government is formed and not to try to form a government that will
pursue policies that he approves.
 If no party has a majority, the Governor has to invite:
a) a pre-poll alliance,
b) the largest single party that is able to gain majority support,
c) a post-election coalition that has the required members,
d) a post-election coalition in which partners are willing to extend outside support.
 The Commission recommended that whoever is appointed as the Chief Minister, must seek a vote of
confidence in the Assembly on the floor of the House within 30 days of taking over.
The Governor should not resort to mechanisms where determining of majority of the government is
done outside the assembly.
Views of Punchhi Commission - 2007

A Commission headed by former Chief Justice of India M. M. Punchhi was set up in April 2007 to take a fresh
look at the roles and responsibilities of governments at various levels, and the relations between them. The
Commission recommended that there should be clear guidelines for the appointment of Chief Ministers, so
that there was some sort of regulation on the discretionary power of the Governor. It said that a pre-poll

alliance must be treated as one political party, and laid down the order of precedence that the Governor
must follow in case of a hung House:
1. Group with the largest pre-poll alliance commanding the largest number;
2. Single largest party with support of others;
3. Post-electoral coalition with all parties joining the government;
4. Post-electoral alliance with some parties joining the government, and the remaining, including
Independents, supporting from outside.
b) Appointment of Governor
The provision for centrally appointed Governors for the States has remained as an anachronism, which is
not in keeping with a federal democratic polity. If the post of Governor has to be retained, then the
Governor should be appointed by the President from a list of three eminent persons suggested by the Chief
Minister, satisfying the criteria mentioned by the Sarkaria Commission.
The Sarkaria Commission approvingly quoted the eligibility criteria that Jawaharlal Nehru advocated and
recommended its adoption in selecting Governors. These criteria are:
1. He should be eminent in some walk of life.
2. He should be a person from outside the State
3. He should be a detached figure and not too intimately connected with the local politics of the States;
and
4. He should be a person who has not taken too great a part in politics generally and particularly in the
recent past.
The words and phrases like "eminent", "detached figure", "not taken active part in politics" are susceptible to
varying interpretations and parties in power at the Centre seem to have given scant attention to such
criteria. The result has been politicization of Governorship and sometimes people unworthy of holding such
high Constitutional positions getting appointed. This has led to some parties demanding the abolition of the
office itself and public demonstration against some Governors in some States. This trend not only
undermines Constitutional governance but also leads to unhealthy developments in Centre-State relations.
Views of M.M Punchi Commision

Given the status and importance conferred by the Constitution on the office of the Governor and taking into
account his key role in maintaining Constitutional governance in the State, it is important that the
Constitution lays down explicitly the qualifications or eligibility for being considered for appointment.
The Commission is of the view that the Central Government should adopt strict guidelines as recommended
in the Sarkaria report and follow its mandate in letter and spirit lest appointments to the high Constitutional
office should become a constant irritant in Centre-State relations and sometimes embarrassment to the
Government itself.
Governors should be given a fixed tenure of five years and their removal should not be at the sweet will of
the Government at the Centre.
The phrase "during the pleasure of the President" in Article 156(i) should be substituted by an appropriate
procedure under which a Governor who is to be reprimanded or removed for whatever reasons is given an
opportunity to defend his position and the decision is taken in a fair and dignified manner befitting a
Constitutional office.
It is necessary to provide for impeachment of the Governor on the same lines as provided for impeachment
of the President in Article 61 of the Constitution. The dignity and independence of the office warrants such a

procedure. The "pleasure doctrine" coupled with the lack of an appropriate procedure for the removal of
Governors is inimical to the idea of Constitutionalism and fairness. Given the politics of the day, the situation
can lead to unsavory situations and arbitrariness in the exercise of power. Of course, such impeachment can
only be in relation to the discharge of functions of the office of a Governor or violations of Constitutional
values and principles. The procedure laid down for impeachment of President, mutatis mutandis can be
made applicable for impeachment of Governors as well.
c) Misuse of Article 356

Under Article 356, the President can dismiss a State Government or dissolve a State Assembly or keep it
under suspended animation in the event of a failure of the constitutional machinery in that State. The Article
owes its genesis to Section 93 of the Government of India Act 1935, a section which essentially dealt with the
"taking over of the Provincial Government by the Governor."
Since the coming into force of the Constitution on 26 January 1950, Article 356 and analogous provisions
have been invoked 111 times.
►S.R. Bommai v Union of India

In 1989, S.R. Bommai was the Chief Minister (CM) of Karnataka. Some members of the party defected which
raised suspicion on majority for the government. The CM suggested the Governor to call the Assembly
session for a floor test. The Governor ignored the suggestion and without trying to find another alternative
to form the government asked the President to impose Article 356. Bommai challenged the proclamation in
the Karnataka High Court. The Karnataka High Court dismissed the petition without questioning the grounds
on which proclamation was issued. The Court also ruled that recourse to floor test was not a pre-requisite to
the sending of report to the President.
The case was appealed in the Supreme Court where it gave the following orders to be followed in case of
proclamation issued under Article 356:
1. The President exercises his power under Article 356 (1) on the advice of the Council of Minister.
2. The question whether the Chief Minister has lost majority support in the Assembly must be decided
on the floor of the House and not in Governor’s chamber.
3. Governor must try to explore the possibility of an alternative ministry before asking the President to
impose Article 356(1).
4. The material facts on which proclamation was issued can be judicially reviewed to ascertain whether
such facts had any rational nexus to the action proposed or were done in bad faith or by arbitrary
decision.
5. The dissolution of State Assembly is not an automatic outcome of every proclamation under Article
356. The dissolution of the Assembly prior to the approval of the Proclamation under Article 356(3)
shall be invalid.
Thus, the judgment on S.R. Bommai provided certain limitations on the use of discretionary power of the
governor under Article 356. Sarkaria Commission and Punchhi Commission further laid down certain norms
to be followed in case of Hung Assembly.
►Sarkaria Commission views

The Commission was not in favour of deletion of Article 356.
In considering the issues raised regarding article 356 the Commission found that a great part of the remedy
to prevent its misuse lies in the domain of creating safeguards and constitutional conventions governing its
use. The ultimate protection against the misuse of article 356 lies in the character of the political process

itself. The Commission is, therefore, for generating a constitutional culture that relies on conventions and
treats them with same respect as a constitutional provision.
In case of political breakdown, the Commission recommends that before issuing a proclamation under
article 356 the concerned State should be given an opportunity to explain its position and redress the
situation, unless the situation is such, that following the above course would not be in the interest of
security of State, or defence of the country, or for other reasons necessitating urgent action.

Social The continuous misuse of the post of Governor may reduce the faith of people on the
dimension constitutional which in turn may lead to establishment of anarchy in the society.
The governor acts as the head of the state and also as a representative of the Centre.
The Governor exercises his discretion at following instances -
 Selecting a chief minister after elections when there is hung assembly.
Political/Legal  Dismissing the government, if the cabinet no longer holds the confidence of the
Dimension house.
 Dissolving the Legislative Assembly due to political instability.
 Advising the President to proclaim emergency if the conditions in state are not
viable for normal conduct of the government.
 Governor is appointed by the President till the pleasure of the President. Hence
Governor in the real sense is a protem of the party in power. As a natural corollary,
he is to look after the vested interests and health of the party in power to which he
is politically related. Consequently, his judgment is bound to affect the State’s
decision making process by the ideas which he already has on his slate. In this state
Institutional
of mind intrinsically he will be pushed to do even apolitical act to safeguard the
dimension health of his party, may it adversely affect the smooth functioning of the State.
While passing through this sort of affairs, off and on, he has to act as a cross
Governor. This dilutes the federal structure of the nation.
 Governor as an institution should work according to the constitutional provisions
rather than the whims and fancies of the Centre.
The Governor should maintain the integrity and probity of the post and should develop
Cultural
a neutral and apolitical administrative culture which is governed solely on
dimension
constitutional principles.
4) ANTI-DEFECTION LAW
Anti-Defection Law is contained in the Tenth Schedule of the Constitution, which was introduced by the
52nd Amendment in 1985.
Defection is defined as “to abandon a position or association, often to join an opposing group” which essentially
describes a situation when a member of a particular party abandons his loyalty towards that party and provide his
support (in the form of his vote or otherwise) to another party. Articles 102(2) and 191(2) of the Constitution deal
with anti-defection. The intention of the provision is to check the corruption/horse trading in parliament/ to check
the popular phenomenon “Aaya Ram Gaya Ram” in the Indian polity which started in 1960’s.

Hereby discussing the grounds for disqualification and issues related to it.
►Grounds for disqualification

 If an elected member voluntarily gives up his membership of a political party;
 If he votes or abstains from voting in such House contrary to any direction issued by his political party or
anyone authorised to do so, without obtaining prior permission.
 It also applies to a nominated member if he/ she joins a political party after 6 months of nomination and
to an independent candidate if he/she joins a party after the election.
How has the law been interpreted by the Courts while deciding on related matters?
The Supreme Court has interpreted different provisions of the law. We discuss some of these below.
The phrase ‘Voluntarily gives up his membership’ has a wider connotation than resignation
The law provides for a member to be disqualified if he ‘voluntarily gives up his membership’. However, the
Supreme Court has interpreted that in the absence of a formal resignation by the member, the giving up of
membership can be inferred by his conduct. In other judgments, members who have publicly expressed
opposition to their party or support for another party were deemed to have resigned.
In the case of the two JD(U) MPs who were disqualified from Rajya Sabha on Monday, they were deemed to
have ‘voluntarily given up their membership’ by engaging in anti-party activities which included criticizing the
party on public forums on multiple occasions, and attending rallies organised by opposition parties in Bihar.
Decision of the Presiding Officer is subject to judicial review
The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This
condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding
Officer’s decision in the High Court and Supreme Court. However, it held that there may not be any judicial
intervention until the Presiding Officer gives his order.
In 2015, the Hyderabad High Court, refused to intervene after hearing a petition which alleged that there
had been delay by the Telangana Assembly Speaker in acting against a member under the anti-defection
law.
Is there a time limit within which the Presiding Officer has to decide?
The law does not specify a time-period for the Presiding Officer to decide on a disqualification plea. Given
that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking
disqualification has no option but to wait for this decision to be made.
There have been several cases where the Courts have expressed concern about the unnecessary delay in
deciding such petitions. In some cases this delay in decision making has resulted in members, who have
defected from their parties, continuing to be members of the House. There have also been instances where
opposition members have been appointed ministers in the government while still retaining the membership
of their original parties in the legislature.
In recent years, opposition MLAs in some states, such as Andhra Pradesh and Telangana, have broken away
in small groups gradually to join the ruling party. In some of these cases, more than 2/3 rd of the opposition
has defected to the ruling party.
In these scenarios, the MLAs were subject to disqualification while defecting to the ruling party in smaller
groups. However, it is not clear if they will still face disqualification if the Presiding Officer makes a decision
after more than 2/3rd of the opposition has defected to the ruling party. The Telangana Speaker in March
2016 allowed the merger of the TDP Legislature Party in Telangana with the ruling TRS, citing that in total,
80% of the TDP MLAs (12 out of 15) had joined the TRS at the time of taking the decision.

In Andhra Pradesh, legislators of the main opposition party recently boycotted the entire 12-day assembly
session. This boycott was in protest against the delay of over 18 months in action being taken against
legislators of their party who have allegedly defected to the ruling party. The Vice President, in his recent
order disqualifying two JD(U) members stated that all such petitions should be decided by the Presiding
Officers within a period of around three months.
Does the anti-defection law affect the ability of legislators to make decisions?
However the law itself has become a cause of concern in today’s political meddling and rightfully voicing
genuine concerns by the members of Parliament.
The anti-defection law seeks to provide a stable government by ensuring the legislators do not switch sides.
However, this law also restricts a legislator from voting in line with his conscience, judgement and interests
of his electorate. Such a situation impedes the oversight function of the legislature over the government, by
ensuring that members vote based on the decisions taken by the party leadership, and not what their
constituents would like them to vote for.
Some of them include:
 Affects independence of the MPs: as they are required to strictly abide by the party whips’ directions.
 Injustice to the Constituencies: those have elected them in the elections. Being the people’s
representatives they should be allowed to boldly air their grievances and speak up for their
constituencies’ requirements.
 Against the idea of Constitutional forefathers: though this issue was deeply discussed and analysed
by the framers/Constituent Assembly. Constitution drafters didn’t intend to give the control of members
to political parties. Interestingly, it’s only in the 10th schedule, which was included in 1985 that political
parties are mentioned in constitution.
 Limited deliberations: have indeed reduced the quality of Parliamentary debates/deliberations. It could
in the long run generate faulty legislations with various loopholes. It could also pave way for delegated
legislation rendering Parliament ineffective in the long run.
 No incentive for MPs/MLAs to research and understand on policies.
 Misuse of law by the speaker: in order to stifle genuine dissent as seen in the cases of Arunachal
Pradesh and Uttarakhand.
►Recommendations of various bodies on Anti-defection law

The spirit behind the X schedule needs to be respected in letter and in spirit and adequate safeguards to be
put in place so as to not misuse this provision under the Constitution.

 Defection law was introduced in the country in order to check the rampant practice
of parliamentarians abandoning their original parties to join rival political groups.
The need to check this mischief was heightened by the fact that defection was being
Social used as a weapon to engineer the toppling and creation of governments.
dimension
 Anti-defection law was thus seen as a reaffirmation of India’s democratic ideals by
ensuring that only citizens have a say in government making.
 It was introduced to maintain rule of law, reduced political corruption and bribery.
 The anti-defection law, added to the Constitution as the Tenth Schedule by the 52nd
amendment in 1985, makes it mandatory that two-thirds of the strength of a party
Political/Legal should agree for a ‘merger’.
Dimension  A legislator can be disqualified under the anti-defection law if he either voluntarily
gives up the membership of his party or disobeys the directives of the party
leadership on a vote. He is then disqualified.
 As per Rule 6 of the schedule, the Speaker of the House or the Chairman has been
given wide and absolute powers to decide the case related to disqualification of the
members on the grounds of defection.
Institutional
 The Speaker still remains as the member of the party which had nominated
dimension
him/her for the post of speaker, hence the rules can be misused.
 The other major criticisms of this power is that not necessary the speaker has legal
knowledge and expertise to look upon and perform such acts in such cases.
 This provision restricts individual decision-making and mandates a faithful

adherence to the directions of the party whip. By curtailing a parliamentarian’s
discretion in voting, this provision has effectively mitigated the need for debate in
Cultural Parliament. An obvious corollary of encumbered voting is that the law has negatived
dimension any scope for expressing dissent in the House.

 In order for a parliamentarian to effectively fulfil his functions, he must have the
right to vote according to his conscience and not be tied to his party lines.
 Hence this provision has created a yesmanship culture.
 Anti-defection law was brought to curb the power of money after election within the
house. The horse trading and unstable government caused by money power and
bribery was said to be rampant in the cross voting.
 It has been succeeded in reducing the money power within house voting for passing
Economic legislation and the survival of government. The money power remains in play after
dimension election process, especially in the case of coalition government to get favorable
voting from alliance partners.
 Money power, probably with larger amount than in the earlier system, is paid
directly to the high command than to individual members to get favorable voting in
the parliament.

5) NEED OF STRONG JUDICIARY FOR MARKET ECONOMY
India has jumped thirty places to break into the top 100 for the first time in the World Bank’s Ease of Doing
Business Report (EODB), 2018. The rankings reflect the government’s reform measures on a wide range of
indicators. However, India continues to lag on the indicator on enforcing contracts.
For the improvement of this, role of judiciary come into play. A clear and certain legislative and executive regime
backed by an efficient judiciary that fairly and punctually protects property rights, preserves sanctity of contracts,
and enforces the rights and liabilities of parties is a prerequisite for business and commerce.
Hence, it is rightly said that for the success of market economy, Strong judiciary is needed.
►Status of pendency of economic cases in India

 Delays and pendency of economic cases are high and mounting in the Supreme Court, High Courts,
Economic Tribunals, and Tax Department, which is taking a severe toll on the economy in terms of stalled
projects, mounting legal costs, contested tax revenues, and reduced investment more broadly.
 The average age of pending cases across these tribunals is 3.8 years.
 The creation of tribunals at different points in time did not alter pendency at the High Courts of the
country nor their ability to deal with other economic cases.
 The average pendency of tax cases is particularly acute at nearly 6 years per case.
Centre and the States approximately spend 0.08-0.09% of the GDP on administration of justice, which is very
low. In 2017, India spent about Rs.0.24 per person on the judiciary; the U.S. spent Rs.12 per person.
The overall impact of rising pendency at Appellate Tribunals, High Courts and the Supreme Court, coupled
with the rising use of injunctions and other blunt instruments has led to spiraling of legal expenses of
Corporate India.
How judiciary impacts the economy?

Examples of this are: affirming a stricter standard of patenting might impact innovation in the
pharmaceutical industry, an unconstitutional imposition of a tax can hit the automobile industry, and a
ban on selling liquor near highways may affect the tourism industry. The shock waves of the quashing of
coal block allocations are still being felt throughout our banking system as well as power, metal, steel and
mining industries.
►Link between slow courts and economic outcomes

 Slow courts increase the cost of enforcing contracts by delaying the payoff of taking an agent to court. If
contracts are costly to enforce because cases take years or even decades to resolve, parties may avoid
making investments or engaging in potentially surplus-generating transactions.
 There would be corruption and crony capitalism which would repel ‘market growth and foreign
investment capital’. Therefore, these are inversely related.
►Steps needed
Some of the following steps may be considered:
 Expanding judicial capacity in the lower courts and reducing the existing burden on the High Courts and
Supreme Court;
a. For a smooth contract enforcement regime, it may be imperative to build capacity in the lower
judiciary to particularly deal with economic and commercial cases, and allow the High Courts to
focus on streamlining and clarifying questions of law.

b. For the same, amendments to the Code of Civil Procedure, Commercial Courts Act and other related
commercial legislations should be considered. These measures must be buttressed by efforts to
train judges, particularly in commercial and economic cases by judicial academies.
c. Downsizing or removing original and commercial jurisdiction of High Courts, and enabling the lower
judiciary to deal with such cases. Early results from the Delhi High Court suggest that reducing the
size of original side jurisdiction in 2016 allowed the court more time to reduce its overall pendency.
d. Courts may revisit the size and scale of their discretionary jurisdictions and avoid resorting to them
unless necessary, to reclaim the envisaged constitutional and writ stature of the higher judiciary.
e. Existing judicial capacity ought to be fully utilized.
 Substantially increasing state expenditure on the judiciary, particularly on their modernization. The
Government may consider incentivizing expenditure on court modernization and digitization. This needs
to be supported with greater provision of resources for both tribunals and courts. Moreover, legislations
(and perhaps even judicial decisions that expand or introduce new jurisdictions) should be accompanied
by judicial capacity and public expenditure memorandums, which adequately lay out the necessary
provisions required to address increasing judicial requirements, and ensure their adequate funding. The
amounts required may be negligible but the returns enormous.
 Building on the success of the Supreme Court in disposing tax cases, creating more subject-matter and
stage-specific benches that allow the Court to build internal specializations and efficiencies in combating
pendency and delay.
 Reducing reliance on injunctions and stays. Courts may consider prioritizing stayed cases, and impose
stricter timelines within which cases with temporary injunctions may be decided, especially when they
involve government infrastructure projects.
 Improving the Courts Case Management and Court Automation Systems. To free up judicial time,
initiatives like the Crown Court Management Services of the UK that are dedicated to the management
and handling of administrative duties, may be considered.
►SPECIFIC RELIEF (AMENDMENT) ACT

Backgrounder
 India has witnessed economic development across sectors of the economy since the enactment of the
Specific Relief Act in 1963.
 These developments have brought in enormous commercial activities in India specially post
liberalisation including foreign direct investments, public private partnerships, public utilities
infrastructure developments, etc.
 All these commercial activities led to the constitution of different regulatory institutions like Securities
Exchange and Board of India (SEBI), Competition Commission of India (CCI), Serious Fraud Investigation
Office (SFIO) etc.
 Thus, there was a need for a better regulatory regime with respect to enforcement of contracts as most
of the commercial deals hinge on the specificity of terms and conditions of the contract.
 These economic developments have prompted extensive reforms in the related laws to facilitate
enforcement of contracts, settlement of disputes in speedy manner.
 These commercial developments have also led to increased commercial litigation in Courts and
Tribunals across India specially relating to enforcement of contracts and compensation in case of breach
of contract.
 Thus, the legislators felt that the 1963 Act was not able to keep pace with the rapid economic
development of the nation and certain changes were necessary so as to keep pace with contemporary
realities.

Important Provisions of the Bill
The new Bill provides for Substituted Performance of Contracts by a third party in case of non-fulfillment of
terms of the contract or in case of breach of contract. Let us understand this by an example - A enters into
a contract with B to make a building in 20 months. But B does not fulfill the terms of contract and leaves
midway. A then can substitute the contract or make another contract with C for the completion of the
building. It means where the contract is broken due to non-performance of promise by other contracting
party, then the party who suffers by such breach shall have the option of substituted performance through
a third party or by his own agency. In the process of substituted performance, he/she can recover the
expenses and other costs actually incurred, spent or suffered by him/her, from the party committing such
breach.
 Court not to grant Injunction new section has been proposed for infrastructure project contracts which
provide that the court shall not grant injunction (an order of the Court) in any case, where it appears to
it that granting injunction would cause hindrance or delay in the continuance or completion of the
infrastructure project.
 The Court may engage one or more Experts to assist the Court on any specific issue involved in the case
by taking their expert opinion.
 The Experts shall submit their report to the Court on such specific issues by providing evidence
including production of documents.
 The Bill provides for the constitution of Special Courts. The State Government, in consultation with the
Chief Justice of the High Court, shall designate one or more Civil Courts as Special Courts, within the
local limits of the area to exercise jurisdiction and to try a suit under this Act in respect of contracts
relating to infrastructure projects. It further provides for expeditious disposal of cases within 12 months
from the date on which parties are summoned by the Court.

Social Strong judiciary will improve dispute settlement time which in turn will lead to growth
dimension in economy and societal development. Common people will suffer less.
For the improvement in role of judiciary in market economy, bills have to be passed for
Political/Legal
the establishment of alternative dispute settlement mechanism consisting of experts in
Dimension respective fields, having powers to declare the judgment with binding mechanism.
 The working of present tribunals has to be improved.

Institutional
 Need to build capacity in the lower judiciary to particularly deal with economic and
dimension
commercial cases
 It will improve the market culture which may improve the trust in Indian economy
Cultural
and market investments in respective fields.
dimension
 It will help in decreasing the culture related to crony capitalism.
Economic  Reduced pendency of cases will instill confidence among the business market.
dimension  The flow of foreign investments may improve.

1) UNIFORM CIVIL CODE
India is a melting pot of diverse communities, cultures and religions, where personal aspects like marriage,
inheritance, divorce, etc are governed by own specific personal laws.
UCC is the proposal to administer same set of secular civil laws to govern all people irrespective of their
religion, gender, domicile, caste, etc. This law will be distinguished from public law and will subsume all laws
covering marriage, divorce, inheritance, adoption and maintenance of different religions into one codified law.
Hereby discussing the constitutional provision of UCC and stand of different institutions on it.
Brief History of Codification

►UCC and Indian Constitution
UCC has been provided for as a Directive principle of  Codification of laws in India can be traced
State Policy (DPSP) under part IV of the Indian back to the colonial rule. The first
constitution. Article 44 provides of a Uniform Civil code substantial codification came in the form of
and reads “The State shall endeavour to secure for the Lex Loci report of 1840 which emphasised
citizens a uniform civil code throughout the territory of on the need to codify Indian laws in the
sphere of crime, evidence, contract etc.
India.”
 But it recommended that personal laws
The objective of this endeavour is to harmonise diverse
should be kept outside the purview of
cultural practices and address the discrimination codification.
meted out to various vulnerable groups under the garb  Later, Warren Hasting through a regulation
of religious practices. pronounced that disputes relating to
During the drafting of the constitution, UCC met with marriage, divorce or inheritance people
stiff opposition from various corners. Various minority would be governed by their personal laws.
religions especially the Muslims felt that UCC would
curtail their freedom of religion, hence were apprehensive of replacing their personal laws with UCC.
It was due to this apprehension that UCC was included as a DPSP rather than a Fundamental right and it was
envisaged that it will be achieved gradually and not all at once. Nevertheless, having UCC embodied in DPSP
reflects the intention of securing justice and equality for all citizens.
►Benefits of Uniform Civil Code

 It will do away with diversity in matrimonial laws, simplify the Indian legal system and make Indian
society more homogeneous.
 It will de-link law from religion.
 It will create a national identity and will help in containing fissiparous tendencies in the country.
 It will also help in establishing social justice and gender equality in family matters.
 The introduction of UCC will promote monogamy among all the citizen of India including Muslim and it
will lead to betterment in the position of women.
 It will also remove prejudices against women regarding personal laws on divorce and maintenance.
QIP_19_INDIAN SOCIETY AND SOCIAL JUSTICE / RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 52
 It will help in strengthening the secular fabric of the country and promote unity.
►UCC and the Supreme Court

a) Shah Bano case: In 1985, the Supreme Court ruled in favour of Shah Bano, who had moved the apex
court seeking maintenance under Section 125 of the Code of Criminal Procedure after her husband
divorced her. The then Chief Justice, Y.V. Chandrachud, observed that a Common Civil Code would help
the cause of national integration by removing disparate loyalties to law. The Court directed Parliament
to frame a Uniform Civil Code.
b) In the John Vallamattom v. Union of India case in 2003, Chief Justice V.N. Khare had observed: “It is a
matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step
in for framing a common civil code in the country.”
c) In ‘Commissioner, Hindu Religious Endowment vs Lakshmindra Swamiar of Sri Shirur Mutt’, 1954,
it was held that the right to religion and religious practices guaranteed under Articles 25 and 26 didn’t
extend to secular matters associated with religion. Article 25 is unequivocal that the right to practice and
propagate religion is subject not only to laws regulating public order, morality and health but also to
laws regulating any economic, financial, political “or other secular activity”.
In this case, the Supreme Court upheld the formation of a board by law to supervise administration of
secular affairs of temple so as to prevent mismanagement. Hence, marriage and succession cannot be
considered intrinsic part of religion though some rituals in marriage may be prescribed by religion.
Goa is the only state where Uniform Civil code exists.

The Goa Civil Code collectively called Family Laws, was framed and enforced by the Portuguese colonial
rulers through various legislations in the 19th and 20th centuries. After the liberation of Goa in 1961, the
Indian State scrapped all the colonial laws and extended the central laws to the territory but made the
exception of retaining the Family Laws.
►UCC and Law Commission Report

Recently law commission submitted a report on reform of family laws. On the issue of Uniform Civil Code,
Law Commission said that UCC is currently neither necessary nor desirable in India. In fact, the commission
has recommended religion-wise amendment in personal laws to end discrimination against women within
the communities. It urged the legislature to “first consider equality within communities i.e. between men
and women rather than equality between communities”. This way some of the differences within personal
laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent
possible without absolute uniformity.
In the absence of any consensus on a uniform civil code the Commission felt that the best way forward may
be to preserve the diversity of personal laws but at the same time ensure that personal laws do not
contradict fundamental rights guaranteed under the Constitution of India. In order to achieve this, it is
desirable that all personal laws relating to matters of family must first be codified to the greatest extent
possible, and then the inequalities that have crept into codified law, should be remedied by amendment.
►Arguments against Uniform Civil Code

 It will introduce State interference in religious affairs hence against the concept of secularism.
 UCC would violate personal laws of different religion gravely and would thus result in irreversible
damage to their religion and the laws therein.
 Methodology to select which rule is good and bad as rules are based on once culture and norms.
Hence, when and if an Uniform civil Code is brought about , it will have to ensure a balance between the
protecting of fundamental rights and religious principles of different communities.

 Promotion of national unity and solidarity
 Will help establish a secular and egalitarian society as all people will be governed by
same set of fair, equal and predictable laws, irrespective of their religion.
 End gender discrimination on religious grounds as various personal laws especially
that of divorce and succession are skewed in favour of men. Hence it will further
the cause of social justice and gender equality.
Social  Various social evils from time immemorial have camouflaged under the name of
dimension ‘Religious customs’ like sati, child marriage , triple talaq, dowry etc. UCC will help
eradicate the same.
 But it can also lead to humongous social disruption and chaos as no community will
allow interference with their customs.
 Further, customs and tradition are not mere practices but a part of an individual’s
identity and therefore separating the two can go against once choices and personal
liberty.
 It will de-link law from religion, thereby strengthening secular mandate of

constitution.
 Simplify Indian legal system as it will do away with multiplicity and diversity of
personal laws.If criminal law, which in pre-colonial era was governed by personal
Political/Legal
laws, can be codified, so can the personal laws
Dimension  Promote equality across gender and religions.
 But its application can go against the freedom of religion as people will no longer be
able to practice or propagate all their religious beliefs.
 State interference in religious affairs, hence against the concept of secularism.
 Practically difficult to reconcile varied laws of different religions into one uniform
code. How to decide which custom to keep and which to forego , especially when
they are all based on their subjective customs and traditions.
Institutional  Herculean task for the law makers to cherry-pick suitable laws while ensuring that
dimension every religion is satisfied with the code.
 For eg. how will UCC reconcile varying ceremonies, customs, practices and
traditions in marriages from Punjab to Goa to Kerala to Tamil Nadu to North East,
etc, which are otherwise considered valid in law.
 It is felt UCC can irreversibly damage the religious fabric as it can go against various
principles/ customs upheld by different religions.
Cultural
 It is felt that taking away their religious practices will amount to eroding the basic
dimension
tenants of their religion which bind them together.
 Hence can take obliviate the diversity of India , in which we take immense pride.
2) INDIA SECULARISM VS. WESTERN SECULARISM
Indian society is a multi – religious society, it is having different caste, religion along with several religion
diversification. So, all these are the divisive factor in some way or the other and if not handled carefully then can
cause a threat to the unity and integrity of the nation. The question arises, what should be the basis of the peaceful
existence of these communities together and how should the State act to ensure equality for each of them?
Hereby discussing the concept of secularism and difference between India and western concept of secularism.
►What is Secularism?
Secularism is a normative doctrine which seeks to realise a secular society, i.e., one devoid of either religious
or intra religious domination. It promotes freedom and equality between, as well as within, religions. It also
involves the role of the state in a multi religious society.
►What are the features of secular state?

The salient characteristics are:
a) State must not be run by religious group:
To prevent domination of by any religious group, a State must not be run by the heads of any particular
religion. A state governed directly by a priestly order is called theocratic. To have harmony, freedom and
equality religious institutions and state institutions must be separated.
b) State should protect both believers and non-believers:
Secularism seeks to ensure and protect freedom of religious belief and practice for all citizens.
c) State should maintain democracy and fairness:
In a secular democracy all citizens should be equal before the law and parliament. No religious or political
affiliation gives advantages or disadvantages and religious believers are citizens with the same rights and
obligations as anyone else.
Hence a secular state must be committed to principles which include peace, religious freedom, and freedom
from religiously grounded oppressions, discrimination and exclusions, as also inter-religious and intra-
religious equality.
►The Western Model of Secularism

According to the western concept of secularism, separation of religion and state is understood as mutual
exclusion: the state will not intervene in the affairs of religion and, in the same manner, religion will not
interfere in the affairs of the state.
Hence salient features are:
 Politics and religion has a separate sphere of its own with independent jurisdiction.
 No policy of the state can have an exclusively religious rationale.
 No religious classification can be the basis of any public policy. If this happened there is illegitimate
intrusion of religion in the state.
 The state cannot aid any religious institution. It cannot give financial support to educational institutions
run by religious communities.
 State cannot hinder the activities of religious communities, as long as they are within the broad limits set
by the law of the land. For example, if a religious institution forbids a woman from becoming a priest, then
the state can do little about it. If a religious community excommunicates its dissenters, the state can only be
a silent witness. If a particular religion forbids the entry of some of its members in the sanctum of its temple,
then the state has no option but to let the matter rest exactly where it is.
On this view, religion is a private matter, not a matter of state policy or law. This common conception
interprets freedom and equality in an individualist manner. Liberty is the liberty of individuals. Equality is
equality between individuals. There is no scope for the idea that a community has the liberty to follow
practices of its own choosing.
There is little scope for community-based rights or minority rights.
►The Indian Model of Secularism

Sometimes it is said that Indian secularism is an imitation of western secularism. But a careful reading of our
Constitution shows that this is not the case.
Difference are:
 It has a place not only for the right of individuals to profess their religious beliefs but also for the right of
religious communities to establish and maintain educational institution.
 It is concerned as much with inter-religious domination as it is with intra-religious domination. It also
ushered ideas of inter-community equality to replace the notion of hierarchy. Indian secularism equally
opposed the oppression of dalits and women within Hinduism, the discrimination against women within
Indian Islam or Christianity, and the possible threats that a majority community might pose to the rights
of the minority religious communities.
 It does not erect a wall of separation between the state and religion. This allows the state to intervene in
religions, to help or hinder them without the impulse to control or destroy them.
 It is not entirely averse the public character of religion. Although the state is not identified with a
particular religion, there is official and therefore public recognition granted to religious communities.
 Multiple values and principled distance means that the state tries to balance different, ambiguous but
equally important values.
This type of model makes its secular ideal more like a contextual, ethically sensitive ,politically negotiated
arrangement, rather than a scientific doctrine as conjured up by ideologies and merely implemented by
political agents.
Indian secularism has made room for and is compatible with the idea of state-supported religious reform.
Thus, the Indian constitution bans untouchability. The Indian state has enacted several laws abolishing child
marriage and lifting the taboo on inter-caste marriage sanctioned by Hinduism.
Misunderstanding secularism – What it is not?
a) It works against inter-religious domination not intra-religious:
The struggle against inter-religious domination (a defence of minority rights, opposition to majority and
minority communalism) became separated from the fight against intra-religious domination (religion-related
patriarchy and caste domination, fanaticism, bigotry and extremism). Then, this intra-religious dimension
was jetttisoned from the meaning of secularism and, much to the detriment of its overall value, secularism
began to be identified, by proponents and opponents alike, exclusively with the defence of minority rights.
Secularism is needed as much to protect Hindus from intra-religious domination, from their ‘fringe
elements’, as well as from proponents of religion-based caste and gender hierarchies and required equally
to protect minorities from their own orthodoxies and extremisms.
b) Fail to differentiate between communitarianism from communalism
Communitarianism simply notes that an individual is at least partly defined by his or her
religious/philosophical commitments, community and traditions. Therefore, it is entirely appropriate to
claim that one is a Hindu/Muslim/Sikh/Christian/atheist etc, and to take legitimate pride in one’s community
or be ashamed of it when there is good reason to be.
But communalism is different – in communalism, one’s identity and the existence and interests of one’s
community are viewed, even defined, as necessarily opposed to others. It is to see each other as enemies
locked in a permanent war with one another.
Hence every individual should be against communalism.
c) Failed education system
Education system often fails to distinguish religious instruction and religious education. No publicly funded
school or college should have religious instruction, best done at home or in privately funded schools; but
reasonable, decent education should include elementary knowledge of all religious traditions. A deeper
understanding of these traditions is vital, for it would enable students to discern their strengths and
weaknesses and identify what in them is worth preserving or discarding. But Indians come out of their
education system without any critical understanding of their religio-philosophical traditions. As a result, a
defence of our own religious traditions or critique of others is shallow and frequently mischievous.
►Steps needed
 Justice to all citizens
 affirmation of all reasonable religious identities
 rejection of majority communalism
 The government’s should prevent religion-based violence, oppression and discrimination.

 The advantages of a secular state are that everyone is equal in the eyes of the law
as regards their beliefs.
 Secularism promotes freedom of belief as well as freedom from belief.
Social  The position of girls and women stands changed under the impact of secularization
dimension as secularism has introduced the ideals of equality and liberty.
 The taboos of the society based on caste structures have been rejected by the
modern generation.
 It will stop persecution of minorities and establishment of rule of majoritarianism.
 With the 42nd Amendment of the Constitution of India enacted in 1976, the
Political/Legal
Preamble to the Constitution asserted that India is a secular nation.
Dimension
 Constitution provisions related to Secularism: 15, 16, 25, 26, 27, 28 and 325.
 Supreme Court plays a critical role in maintenance of secularism.

 The Supreme Court has declared the practice of triple talaq, nikah halala
Institutional
(remarrying divorced husband without an intervening marriage with another man)
dimension
and polygamy under Muslim personal laws as illegal, unconstitutional, and violative
of the rights to equality, dignity, and freedom of religion under the Constitution.
3) LEPROSY IN INDIA
India has the highest number of new leprosy cases in the world, followed by Brazil and Indonesia. Every year, over
200,000 such cases are detected globally and India accounts for more than half of these, according to the World
Health Organization (WHO).
Hereby discussing about Leprosy and government initiatives for its management.
►What is Leprosy?
 Leprosy also known as Hansen's disease, is a chronic infectious disease caused by Mycobacterium
leprae.
 It usually affects the skin and peripheral nerves, but has a wide range of clinical manifestations.
 The disease is characterized by long incubation period generally 5-7 years and is a leading cause of
permanent physical disability.
 Timely diagnosis and treatment of cases, before nerve damage has occurred, is the most effective way of
preventing disability due to leprosy.
Issues faced due to discretionary laws:
 Cause stigmatisation and indignity to persons affected by leprosy;
 Isolate/segregate persons affected by leprosy;
 Deny them access to public services; National Leprosy Eradication Programme
 Impose disqualifications on them under personal NLEP is a centrally sponsored Health Scheme
laws; of the Ministry of Health and Family Welfare,
Govt. of India. Its strategies and plans are
 Bar them from occupying or standing for public.
formulated centrally; the programme is
implemented by the States/UTs.
►Milestones in NLEP
 1955 - National Leprosy Control Programme India accounts for 60% of all new cases
(NLCP) launched reported annually, with over 1.3 lakh new
 1983 - National Leprosy Eradication Programme cases in the year 2016-17, according to the
launched National Leprosy Eradication Programme
(NLEP).
 1983 - Introduction of Multidrug therapy (MDT)
in Phases
 2005 - Elimination of Leprosy at National Level
 2012 - Special action plan for 209 high endemic districts in 16 States/UTs
 2016- NLEP introduced the Mycobacterium Indicus Prani (MiP) vaccine in a project mode in India.
►Initiatives
 In 2010, the United Nations General Assembly unanimously adopted a Resolution on the Elimination of
Discrimination against Persons affected by Leprosy, accompanied by Principles and Guidelines listing out
measures to improve the living conditions of such persons. Additionally, the United Nations Convention
on the Rights of Persons with Disabilities, 2007 (“UNCRPD”) promotes, protects and ensures the full and
equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. India
has signed and ratified the UNCRPD, and is also a member of the UN General Assembly that
unanimously passed the Resolution on the Elimination of Leprosy.
 The Law Commission of India's 256th Report on Eliminating Discrimination against Persons Affected by
Leprosy was released in 2015 it provided a model draft law to eliminate discrimination faced by Persons
affected by Leprosy.
 The Supreme Court has come out with slew of directions to end discrimination against leprosy-afflicted
persons
The directions are –
o Carry out periodic national surveys to determine the prevalence rate.
o Centre and states to pro-actively plan and formulate a comprehensive community-based
rehabilitation scheme which shall cater to all basic facilities and needs of the leprosyafflicted persons
and their families.
o Treatment of leprosy should be integrated into general health care, which will usher in a no-isolation
method in general wards and OPD services.
o Activities of the National Leprosy Eradication Programme (NLEP) be given wide publicity.
o It asked the authorities to “discontinue” using “frightening images” of people afflicted with leprosy in
the awareness programmes and instead use “positive images of cured persons sharing their
experiences of being cured of leprosy.
o Centre and states to ensure that drugs for management of leprosy and its complications, including
the MDT drugs, are available free of cost and that they do not go out of stock in Primary Health
Centres (PHCs) and other public health facilities.
o The government to explore the possibility of including leprosy education in school curricula.
o Give due attention to ensure that leprosy-afflicted are issued BPL cards so that they can avail the
benefits under Antyodaya Anna Yojana scheme.
o The court also told the Centre to consider framing separate rules for assessing the disability quotient
of leprosy-afflicted persons for the purpose of issuing disability certificate to them
 The WHO launched a 5-year “Global leprosy strategy 2016– 2020' in April 2016 titled 'accelerating towards
a leprosy-free world'. This was built on the earlier 5-year strategy 2011–2015 that focused on early
leprosy detection to reduce disabilities.

 Leprosy imposes a heavy social burden upon affected individuals and their families.
Social  Patients are often shunned, stigmatized, isolated and sometimes displaced from their
dimension work, marriage and social set-up, needing care and financial support leading to further
insecurity, shame
 In 2014, the Supreme Court had also asked the Centre and the state governments to take
Political/Legal steps for rehabilitation and integration of leprosy affected people into the mainstream.
*Dimension  The Personal Laws (Amendment) Bill, 2018 seeks to remove leprosy as a ground for
divorce.
 Central Leprosy Teaching and Research since April 1974 has been functioning as a
Institutional subordinate office of the Directorate General of Health Service.
dimension  It provides support to National Leprosy Eradication Programme (NLEP) in specific areas
of research and manpower Training.
Cultural
People suffering from leprosy are virtually untouchables, regardless of their caste.
dimension
Leprosy is a leading cause of permanent disability in the world and predominantly affects
Economic the poor marginalized people. Although not fatal, the chronic symptoms often afflict
dimension individuals in their most productive stage of life and therefore impose a significant social
and economic burden on society.
4) TRANSGENDER RIGHTS AND CHALLENGES

As per international standards, ‘transgender’ is an umbrella term that includes persons whose sense of gender
does not match with the gender assigned to them at birth. For example, a person born as a man may identify
with the opposite gender, i.e., as a woman. These additional criteria include being (i) ‘neither wholly male nor
female’, or (ii) ‘a combination of male or female’, or (iii) ‘neither male nor female’.
Hereby discussing the rights provided to them and discrimination faced by them.
►Issues faced by Transgender

The main problems that are being faced by the transgender community are of discrimination,
unemployment, lack of educational facilities, homelessness, lack of medical facilities like HIV care and
hygiene, depression, hormone pill abuse, tobacco and alcohol abuse, penectomy and problems related to
marriage and adoption.
►Constitutional rights related to Transgender

1. Preamble to the Constitution mandates Justice - social, economic, and political equality of status.
2. Right to equality under Article 14.
3. Article 15 speaks about the prohibition of discrimination on the ground of religion, race, caste, sex
or place of birth.
4. Article 21 ensures right to privacy and personal dignity to all the citizens.
5. Article 23 prohibits trafficking in human beings as beggars and other similar forms of forced labor
and any contravention of these provisions shall be an offence punishable in accordance with law
►Supreme Court verdict on Transgender

 In the famous National Legal Services Authority v. Union of India case of 2014, the Supreme Court
declared Transgenders to be a third gender and gave them equal rights enshrined in the constitution of
India.
 Supreme Court directed the Central Government to take appropriate steps to treat transgenders as
Socially and Educationally backward class and asked Central Government to extend the benefits of
reservation for admission in educational institutions and for public appointments.
 Supreme Court stressed that recognition of Transgenders is a social issue and being a citizen of India,
they enjoy equal rights as guaranteed to other citizens under the Indian Constitution.
Transgender Persons (Protection of Rights) Bill, 2018

 The Transgender Persons (Protection of Rights) Bill, 2018, passed by the Lok Sabha but it lapsed due to
dissolution of Lok Sabha.
 Bill aims to stop discrimination against a transgender person in various sectors such as education,
employment, and healthcare. It also directs the central and state governments to provide welfare
schemes for them.
 Bill states that a person will be recognized as transgender on the basis of a certificate of identity
issued through the district screening committee.
Issues in the Bill

 The 2018 Bill establishes a District Screening Committee for the purpose of recognition of
transgender persons. This Screening Committee includes a chief medical officer and a
psychologist/psychiatrist, which goes to show that medical and psychological tests would be required for
grant of change of gender identity. There is no provision in the Bill that gender change would be
permitted without medical or psychological treatment. This process is in direct violation of the Supreme
Court’s directions in National Legal Services Authority v/s Union of India (or NALSA), 2014 that affirmed
the right of self determination of gender as male, female of transgender without the mandate of any
medical certificate or sex reassignment surgery.
 The Bill also does not allow for recognition of gender identity as male or female. It only allows for an
identity certificate as ‘transgender’. This goes against the decision of the Supreme Court, which
recognised the right to self-identify oneself as male, female or transgender and would also be forcing
intersex persons to get a gender identity as “transgender”.
 Medical procedures should not be required as a pre-condition for any identity documents for
transgender and intersex persons, nor should there be any requirement of a mental health assessment.
Requiring a person to submit proof of medical treatment or mental health assessment of their gender
identity violates one’s right to dignity, the right to be free from unwanted medical treatment and the right
to be free from discrimination.
 The 2018 Bill does not provide for any reservation. It provides in Sections 10 and 14 that there would
be no discrimination in education and employment, but these rights are meaningless if transgender
persons are not able to get access in the first place.
 When the new Rights of Persons with Disabilities Act 2016 was passed, it included reservations of 5%
and 4% in education and government jobs, respectively. It is surprising therefore that the 2018 Bill has
no mention of similar provisions. Equality would demand that in order for the trans community to get
access to their basic social rights, there should be horizontal reservation in education and employment
provided to them.

Transgender face discrimination on the basis of (i) education; (ii) employment; (iii)
healthcare; (iv) access to, or enjoyment of goods, facilities, opportunities available to
the public; (v) right to movement; (vi) right to reside, rent, own or otherwise occupy
Social
property; (vii) opportunity to hold public or private office; and (viii) access to a
dimension
government or private establishment in whose care or custody a transgender person is.
Social integration of the transgender people into the mainstream is must to truly
establish the constitutional rights.
In the NALSA v. Union of India judgment, the Supreme Court declared Transgenders
to be a third gender and gave them equal rights enshrined in the constitution of India.
Political/Legal
The Citizenship Act, 1955 which provides for the acquisition and determination of
Dimension
Indian Citizenship also does not, expressly or impliedly require a determinate sex or
gender identity as a pre-condition for acquiring citizenship.
Ministry of Social Justice & Empowerment has been dealing with the matters relating to
Institutional Transgender Persons with effect from July 2012. However, the work relating to
dimension Transgender Persons was allocated to this Department under the Allocation of
Business Rules in the month of May 2016.
Cultural
The long cultural and traditional history of hijras, considered auspicious.
dimension
Economic
Often live on the margins, banished from their homes, stuck in vicious cycle of poverty.
dimension
5) MANUAL SCAVENGING
Scavenging has been an occupation imposed upon certain citizens of the country by the society, which later on
continued as a traditional occupation where a section of people among Scheduled Castes was ordained to clean
the night soil and carry it manually on their heads. This class of citizens of India is known as Manual Scavengers.
Hereby discussing the concept of Manual scavenging and government initiatives taken.
►About Manual scavenging

Manual scavenging exists primarily because of absence of water borne latrines. Using a broom, a tin plate
and a drum, they clear and carry human excreta from toilets, more often on their heads, to dumping
grounds and disposal sites. They are exposed to the most virulent forms of viral and bacterial infections that
affect their skin, eyes, limbs, respiratory and gastrointestinal systems. Their children are also caught up in
this quagmire. Under these circumstances, it is almost impossible for their children to become educated.
Mostly, the women of the families of the scavengers are engaged in scavenging. Even though, in modern
times these people desire to leave the profession, their social, economic, educational and cultural aspects
have made it difficult for them to find an alternate profession. The social stigma of untouchability continues
to stick, in one form or the other largely because of the unclean nature of their occupation.
Manual Scavenging in India

 Census - 2011 found 7.9 Lakh cases of manual scavenging.
 Socio Economic Caste Census 2011 revealed that 1.8 Lakh households are engaged in it for livelihood.
 India is the only country in the world where a particular section of the society is traditionally responsible
for keeping the habitation clean by removing the waste products of the society including the human
excreta.
 Manual scavenging still survives in parts of India without proper sewage systems. It is thought to be
most prevalent in Gujarat, Madhya Pradesh, Uttar Pradesh, and Rajasthan. Some municipalities in India
still run public dry-toilets.
 The biggest violator of this law in India is the Indian Railways which has toilets dropping all the excreta
from trains on the tracks and they employ scavengers to clean it manually.
 According to socio-economic
caste census report (2011),
Maharashtra has 63,713;
Madhya Pradesh has 23,093;
Uttar Pradesh has 17,619;
Tripura has 17,332; Karnataka
has 15,375 manual scavengers.
However, the exact number of
manual scavengers living in
India is still an open ended
question.
►Government Initiatives
 Before 1980, the main efforts of the Government were concentrated on improving the working and living
conditions of scavengers and not the core problem of converting dry latrines to pour flush latrines in any
systemic manner.
 In 1980-81, the Ministry of Home Affairs took up the Centrally Sponsored Scheme for Liberation of
Scavengers by way of conversion of existing dry latrines into low cost pour flush latrines and providing
alternative employment to the unemployed scavengers as one of the measures for removal of
Untouchability and providing financial assistance in selected towns.
 In 1989 A Task Force constituted by the Planning Commission on the subject suggested for separate
scheme for liberation and rehabilitation. It also explored the bases for the enactment of certain
legislation to ban construction and continuation of dry latrines and prohibit the practice of manual
scavenging.
 In 1992, the scheme of ‘Liberation of Scavengers’ was bifurcated. For conversion of dry latrines into
water borne flush latrines, an ‘Integrated Low Cost Sanitation (ILCS) Scheme, was started. The National
Scheme for Liberation and Rehabilitation of Scavengers and their Dependents (NSLRS) was started for
providing alternative employment to the liberated scavengers and their dependents.
Taking into consideration the seriousness of the problem and the requests of the State Governments,
Parliament enacted the “Employment of Manual Scavengers and Construction of Dry
Latrines(Prohibition) Act, 1993”. The Act, inter alia, provides that no person shall:-
(i) Engage in or employ for or permit to be engaged in or employed for any other person for manually
carry human excreta; or
(ii) Construct or maintain a dry latrine.
Self Employment Scheme for Rehabilitation of Manual Scavengers (SRMS), a successor scheme to NSLRS,
was introduced in January, 2007, as a scheme of national priority, with the objective to rehabilitate
remaining manual scavengers and their dependents in alternative occupations, in a time bound manner.
Nevertheless, there were reports of existence of manual scavenging. The House listing and Housing Census,
2011 reported that there are about 26 lakh insanitary latrines in the country. Accordingly, the Parliament
passed the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.Under this:
 No person, local authority or agency should engage or employ people for hazardous cleaning of sewers
and septic tanks.
 Mechanized cleaning of septic tanks is the prescribed norm.
 Safety gear for rare instances when human intervention is unavoidable is prescribed.
 A violation can be punished with two years of imprisonment or fine or both.
 It also prohibits the construction of insanitary latrines.
 Each occupier of insanitary latrines shall be responsible for converting or demolishing the latrine at
his/her own cost.
 The District Magistrate and the local authority shall be the implementing authorities.
Unfortunately, the spirit of Article 17, was followed in principle rather than in practice. Poor implementation
of the existing laws has also helped in continuation of this practice. The National Safai Karmachari
Commission which was mandated to implement the act has not been functioning properly.
In urban areas municipalities are cash short to use machines for cleaning of the sewers or provide protective
equipments. They generally blame contractors for any loss of life.
In the absence of political will and social pressure, more lives could be lost because more tanks are being
built in rural and urban areas as part of the drive to construct toilets. Just offering a good legislation or only
education or only small economic rehabilitation would not help. There is need for a multiple approach in
which all the areas are in congruence.

 They are not allowed to enter places of worship; or access basic services.
 The task of manual scavenging has been mostly enforced on women.
 Manual scavengers are mostly illiterate and have no exposure to any work, other
Social than sanitation related work.
dimension
 Many of them are old.
 They lack confidence for running self employment projects.
 Many of them are not willing even to avail any skill development training.
Political/Legal  Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Dimension  Article 17 of Constitution of India –abolition of Untouchability
 National Human Rights Commission (NHRC) , Ministry of Social Justice and

Empowerment is responsible for rehabilitation of manual scavengers
 Ministry of Social Justice and Empowerment has associated reputed NGOs like
Safai Karamchari Andolan, Rashtriya Garima Abhiyan, Sulabh International etc. for
identification of manual scavengers and their rehabilitation.
Institutional
 Ministry of Drinking Water & Sanitation under its Swachh Bharat
dimension
Mission(Gramin) also works for them.
 National Safai Karamcharis Finance and Development Corporation, an apex
Corporation for the socio-economic development of safai karamcharis and manual
scavengers and their dependents is the nodal agency of Government of India for
rehabilitation of the identified manual scavengers and their dependents.
Cultural  Untouchability, the practice of manual scavenging sustains on the hegemonic

dimension relationship built around gender, caste and culture.
 Low level of income

 Vicious cycle of poverty
Economic
 Banks are hesitant about providing loan to manual scavengers.
dimension
 Even many State Channelizing Agencies, due to low rate of recovery of loan from
safai karamcharis, are not willing to extend loan to manual scavengers.

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CIVIL SERVICES EXAMINATION

02 DISCRETIONARY POWERS OF THE GOVERNOR 41

ANTI-DEFECTION LAWS AND ASSOCIATED ISSUES

PUBLIC DISTRIBUTION SYSTEM - REFORMS 13

INDIAN VS. WESTERN SECULARISM 55

UN REPORT ON EXTINCTION OF SPECIES 19 ISSUES RELATED TO TRANSGENDERS 60

BHARAT STAGE NORMS 22 MANUAL SCAVENGING 62

ISSUES RELATED TO SAND MINING 25

DELHI AIR POLLUTION 28

TROPICAL CYCLONES AND DISASTER

►The Debate surrounding UBI

Freedom and Justice Social Cost

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 2

Financial Inclusion Implementation

also to meet their social and psychological needs

Does not lead to increase in Temptation goods

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 3

RAU’s IAS SPICE-up approach

 The policy to implement UBI requires meticulous planning and execution.

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 4

2) RBI’S AUTONOMY: RIFT BETWEEN RBI AND GOVERNMENT

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 5

►How to improve the Independence and Autonomy of the RBI?

RAU’s IAS SPICE-up approach

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 6

 The framework of Good Governance focusses on promoting the culture of

►Need for Consolidation of Banks

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 7

►Risks and Challenges of Bank Mergers

RAU’s IAS SPICE-up approach

 Further merger of banks will require change in the organisational structure,

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 8

 Need to implement the recommendations of PJ Nayak Committee to strengthen the

 Avoid Political interference in working of PSBs and provide more autonomy.

 Address the problem of NPAs to avoid banks becoming weak in future.

 Consolidation of Banks bring about synergies in the operating and distribution

 Significant cost benefits due to mergers.

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 9

►Reasons for rural indebtedness

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 10

►Steps taken by the Government:

►Steps to ameliorate rural indebtedness:

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 11

RAU’s IAS SPICE-up approach

Dimension  The issue of Left-Wing Extremism is also linked to it.

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 12

5) PUBLIC DISTRIBUTION SYSTEM- REFORMS

►Role of Centre-state in PDS

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 13

Licensing and Regulation

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 14

RECOMMENDATIONS OF DIFFERENT PANELS

►Nandan Nilekani Recommendations

Computerised  Computerises FPS allocation, declaration of stock

 Secure electronic devices used to store beneficiary

 Use of Global Positioning System (GPS) technology to

 Allows monitoring by citizens so they can register their

Use of web-  Publicises grievance redressal machinery, such as toll

QIP_19_ECONOMY/ RAU’S IAS QUALITY IMPROVEMENT PROGRAMME 15

►PDS vs. Cash Transfers - a comparison

Advantages and disadvantages of PDS and other delivery mechanisms