Polity and governance

25/11- The law has come under sharp criticism from several legal scholars who
had contended that the concept of ‘love jihad’ did not have any
constitutional or legal basis.

1. They have pointed to Article 21 of the constitution which guarantees

individuals the right to marry a person of one’s choice.
2. Also, under Article 25, freedom of conscience, the practice and
conversion of religion of one’s choice including not following any
religion, are also guaranteed.

26/11

Essential Services Maintenance Act:

Context:
The Uttar Pradesh government has extended the Essential Services
Maintenance Act in the State, banning strikes in all departments and
corporations under it for a period of another six months.
About ESMA, 1968:
The Essential Services Maintenance Act (ESMA) is an act of Parliament of
India.
Objective: It was established to ensure the delivery of certain services, which
if obstructed would affect the normal life of the people.
These include services like public transport (bus services), health services
(doctors and hospitals).

1. ESMA gives police right to arrest without a warrant anybody

violating the Act’s provisions.

Implementation:
The ESMA is a law made by the Parliament of India under List No. 33 in
Concurrent List of 7th Schedule of Constitution of India.

1. Although it is a very powerful law, its execution rests entirely on the

discretion of the State government. Each state in the union of India,
hence has a separate state Essential Services Maintenance Act with
slight variations from the central law in its provisions. This freedom is
accorded by the central law itself.
 Centre within its rights to suspend MPLADS,
2-
says Bombay high court:
Context:
Recent Bombay High Court ruling:

1. The Union government was within its powers to suspend the MPLAD
scheme and divert such funds to combat Covid-19.
2. Besides, this (Covid-19) is a disaster so the government will have to
resort to Disaster Management Act. It is within its powers to invoke the
Act.

What’s the issue?

The Union government had resorted to Disaster Management Act to
suspend the member of Parliament local area development (MPLAD)
scheme in April this year.

1. A petition was filed against this in the Court.

About MPLAD scheme:

1. Launched in December, 1993.

2. Seeks to provide a mechanism for the Members of Parliament to
recommend works of developmental nature for creation of durable
community assets and for provision of basic facilities including
community infrastructure, based on locally felt needs.
3. The MPLADS is a Plan Scheme fully funded by Government of India.
4. The annual MPLADS fund entitlement per MP constituency is Rs. 5
crore.

Special focus:

1. MPs are to recommend every year, works costing at least 15 per cent of
the MPLADS entitlement for the year for areas inhabited by Scheduled
Caste population and 7.5 per cent for areas inhabited by S.T. population.
2. In order to encourage trusts and societies for the betterment of tribal
people, a ceiling of Rs. 75 lakh is stipulated for building assets by trusts
and societies subject to conditions prescribed in the scheme guidelines.

Release of Funds:

1. Funds are released in the form of grants in-aid directly to the district
authorities.
2. The funds released under the scheme are non-lapsable.
3. The liability of funds not released in a particular year is carried forward
to the subsequent years, subject to eligibility.

The MPs have a recommendatory role under the scheme.

 1. The district authority is empowered to examine the eligibility of
works, sanction funds and select the implementing
agencies, prioritise works, supervise overall execution, and monitor the
scheme at the ground level.
2. At least 10% of the projects under implementation in the district are
to be inspected every year by the district authority.

Recommendation of works:

1. The Lok Sabha Members can recommend works in their respective

constituencies.
2. The elected members of the Rajya Sabha can recommend works
anywhere in the state from which they are elected.
3. Nominated members of the Lok Sabha and Rajya Sabha may select
works for implementation anywhere in the country.

Prelims Link:

1. How is MPLADS connected to Sansad Adarsh Gram Yojana?

2. Where can nominated MPs recommend their works?
3. Is there any special focus on SC and ST Welfare?
4. Difference between grants and loans?
5. Implementing agencies.

27/11-
US President Donald Trump recently exercised his powers under the Constitution
to pardon Michael Flynn, his former National Security Advisor, who had twice
pleaded guilty to lying to the FBI.

1. Similarly, Clemency is a broad executive power, and is discretionary-

meaning the President is not answerable for his pardons, and does not
have to provide a reason for issuing one.
2. This power of pardon shall be exercised by the President on the advice
of Council of Ministers.
3. The constitution does not provide for any mechanism to question the
legality of decisions of President or governors exercising mercy
jurisdiction.
4. But the SC in Epuru Sudhakar case has given a small window for judicial
review of the pardon powers of President and governors for the purpose
of ruling out any arbitrariness.
FOR ONE NATION ONE ELECRTION:-

For simultaneous elections to be implemented, Changes to be made in

Constitution and Legislations:

1. Article 83 which deals with the duration of Houses of Parliament need an

amendment.
2. Article 85 (on dissolution of Lok Sabha by the president).
3. Article 172 (relating to the duration of state legislatures).

The Representation of People Act, 1951 Act would have to be amended to

build in provisions for stability of tenure for both parliament and assemblies.
This should include the following crucial elements:

1. Restructuring the powers and functions of the ECI to facilitate

procedures required for simultaneous elections
2. A definition of simultaneous election can be added to section 2 of the
1951 act.