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GS Paper: Federalism

  • How the Seventh Schedule affects delivery of public goods

    Context

    Without delegation of funds, functions and functionaries, local governments are unable to respond to pressure from citizens who demand greater efficiency.

    Background of the Seventh Schedule

    •  Article 246 of the Constitution mentions three lists in the Seventh Schedule — union, state and concurrent lists.
    • The present Seventh Schedule and union (at that time Federal) list, state (at that time Provincial) list and concurrent lists are inherited from that 1935 piece of legislation.
    • It states that “Notwithstanding anything in the two next succeeding subsections, the Federal Legislature has, and a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act.”

    Delivery of public goods

    • Ignoring that narrow and technical definition of public good, loosely, we understand “public good” as something that must be delivered by the government.
    • It cannot, or should not, be delivered by the private sector.
    • Notwithstanding the use of private security guards, most people will agree “law and order” is a public good.
    • Most public goods people will think of are efficiently delivered at the local government level, not Union or state level.
    •  There is a Seventh Schedule issue that is thus linked to the insertion of a local body list.
    • Countervailing pressure by citizens increasingly demands efficient delivery of such public goods.
    • But without delegation of funds, functions and functionaries, presently left to the whims of state governments, local governments are unable to respond.

    Need for the review of the Seventh Schedule Lists

    • No local body list: Most public goods people will think of are efficiently delivered at the local government level, not Union or state level.
    • There is a Seventh Schedule issue that is thus linked to the insertion of a local body list.
    •  But without delegation of funds, functions and functionaries, presently left to the whims of state governments, local governments are unable to respond.
    • The Rajamannar Committee — formally known as Centre-State Relations Inquiry Committee suggested constitution of a High Power Commission to examine the entries of Lists I and III in the Seventh Schedule to the Constitution and suggest redistribution of the entries,”.
    • Changes in the past led to greater centralisation: Items have moved from the state list to the concurrent list and from the concurrent list to the union list.
    • Such limited movements have reflected greater centralisation, such as in 1976.
    •  N K Singh, Chairman of 15th Finance Commission has also often made this point, in addition to scrutiny of Article 282.

    Conclusion

    For the sake of better governance, it’s not an issue that should be ducked and the basic structure doctrine doesn’t stand in the way.

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  • Assam-Meghalaya Border Dispute

    Union Home Minister is expected to seal the final agreement to end the dispute in six areas of the Assam-Meghalaya boundary ahead of Meghalaya’s 50th Statehood Day celebration on January 21.

    Can you recall the chronology of reorganization of the entire North-East region?

    Assam- Meghalaya Boundary Dispute

    • Assam has had a boundary dispute with Mizoram for decades and several rounds of talks have been held since 1994-95 to solve the issue.
    • Till 1972, Mizoram was a part of Assam and acquired full statehood in 1987.
    • The 164.6 km-long border between the States runs along with Cachar, Hailakandi and Karimganj districts in Assam and Kolasib, Mamit and Aizawl districts in Mizoram.
    • There are several border areas where violence have been reported.

    Roots of the dispute

    • In the Northeast’s complex boundary equations, showdowns between Assam and Mizoram residents are less frequent than they are.
    • The boundary between present-day Assam and Mizoram, 165 km long today, dates back to the colonial era when Mizoram was known as Lushai Hills, a district of Assam.
    • The dispute stems from a notification of 1875 that differentiated Lushai Hills from the plains of Cachar, and another of 1933 that demarcates a boundary between Lushai Hills and Manipur.
    • Mizoram believes the boundary should be demarcated on the basis of the 1875 notification, which is derived from the Bengal Eastern Frontier Regulation (BEFR) Act, 1873.
    • Mizo leaders have argued in the past argued against the demarcation notified in 1933 because Mizo society was not consulted.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     

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  • Mullaperiyar Dam Issue

    The Supreme Court has told Tamil Nadu and Kerala that it was not there to “administer the dam” when a supervisory committee was already in place to examine the issue of safety of the Mullaperiyar Dam and the management of its water level.

    Do you know?

    The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.

     

    John Pennycuick (the architect of this dam) sold his family property in England to mobilize money to fund the project! People of the region fondly name their children under his name a remark of reverence.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick (who was born in Pune) and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    The dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

    Back2Basics: Periyar River

    • The Periyar is the longest river in the state of Kerala with a length of 244 km.
    • It is also known as ‘Lifeline of Kerala’ as it is one of the few perennial rivers in the state.
    • It originates from Sivagiri hills of Western Ghats and flows through the Periyar National Park.
    • The main tributaries of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.

     

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  • Tussle over the election of Maharashtra Assembly Speaker

    Maharashtra Governor and the incumbent government are locked in a tussle over the election of the Speaker of the Assembly. The Governor has not given his consent to the election program decided by the Cabinet.

    Election of Speakers to the Assembly

    • Article 178 of the Constitution provides for every Legislative Assembly to choose two members of the Assembly to be respectively Speaker and Deputy Speaker.
    • The Constitution does not specify the process of holding these elections; that is left to the state legislatures.
    • It also does not set a timeframe other than to say the elections should be held “as soon as maybe”.

    Some states lay down timeframes

    • In Haryana, the election of the Speaker must be held as soon as possible after the Assembly election, and the Deputy Speaker must be elected within another seven days.
    • In UP, the Speaker’s election is required to be held within 15 days if the post falls vacant during the term of the Assembly.
    • The date for the Speaker’s election is notified by the Governor.

    A crucial case in Maharashtra

    • As per Rule 6 of the Maharashtra Legislative Assembly Rules, “The Governor shall fix a date for the holding of the election and the Secretary shall send to every member notice of the date so fixed.”
    • A former Secretary of the state Assembly said the election of the Speaker can take place only after the Governor fixes the date for it.

    What are the recent amendments?

    • The govt has moved a motion in the Assembly seeking amendments to Rules 6 (election of Assembly Speaker) and 7 (election of Deputy Assembly Speaker) by voice vote instead of a secret ballot.
    • The amendments excluded the words “holding of the election” and included the words “to elect the Speaker on the recommendation of the Chief Minister” in Rule 6 of Maharashtra Assembly Rules.

    What are the objections to these amendments?

    • The Opposition accused the govt of running the “most insecure government” that does not trust its MLAs and fears there would be cross-voting in the election of the Speaker.
    • It argued that the Rules cannot be amended in the absence of the Speaker.

    What is the government’s position?

    • The government has argued that the amendments are in line with the Rules that are in practice in Lok Sabha, the Upper House of the state legislature, and in the Assemblies of several others states.
    • It has also been said that the amendments would put an end to horse trading.

    What is the way ahead?

    • The govt can explore legal options to see whether the election of the Speaker could be held without the consent of the Governor.
    • However, the situation is very odd.
    • While Rule 6 mandates that the Governor should fix the date for the election, the amendment says that the Governor should fix the date on the advice on the CM.

     

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  • Impact of Reorganisation Act on Ladakh’s autonomy

    Context

    The article deal with the impact of the passage of the Jammu and Kashmir Reorganisation Act of 2019 on Ladakh’s autonomy or participatory democracy.

    What has changed?

    • Hill Councils: The Autonomous Hill Development Councils of Leh and Kargil read along with the framework of J&K’s special status and its bicameral legislative system gave Ladakh autonomy and participatory democracy.
    • The Hill Councils had the powers over land in Ladakh while the majority of the bigger concerns regarding land remained protected under Article 370 and J&K’s robust land protection laws.
    • Power to recruit the officers: Gazetted officers were recruited through the State Public Service Commission.
    • The District Service Selection Board made recruitments at the district level.
    • But today, there is no Public Service Commission in Ladakh and the Hill Councils’ power to make recruitments at the district level has also been affected by the Lieutenant Governor (LG)’s presence.
    • No law to protect the jobs: Technically, there also exists no law in Ladakh now that protects the land or even the jobs.
    • Loss of representation: the Reorganisation Act has taken away the six seats of the Members of Legislative Assembly and the Legislative Council and wakened the functioning of the Hill Councils.
    • The only elected representation from Ladakh outside of Ladakh is a lone MP.

    Conclusion

    Steps need to be taken to address the issues related to the lack of representation in Ladakh in the wake of the passage of the Reorganisation Act of 2019.

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  • Inter-State Boundary Disputes in India

    The Union Home Ministry (MHA) has informed that 11 States and one Union Territory have boundary disputes between them.

    Why in news?

    • There are disputes arising out of the demarcation of boundaries and claims and counterclaims over territories.
    • Occasional protests and incidents of violence are reported from some of the disputed border areas.

    Major boundary disputes include:

    [1] Karnataka-Maharashtra

    • The Belgaum district is arguably part of one of the biggest inter-state border disputes in India.
    • The district has a large Marathi and Kannada-speaking populations and has been at the centre of a dispute for a long time.
    • The area came under Karnataka in 1956 when states were reorganized and till then it was under the Bombay presidency.

    [2] Assam-Mizoram

    • The border dispute between Assam and Mizoram is a legacy of two British-era notifications of 1875 and 1933, when Mizoram was called Lushai Hills, a district in Assam.
    • The 1875 notification differentiated Lushai Hills from the plains of Cachar and the other demarcated boundary between Lushai Hills and Manipur.
    • While Mizoram became a state only in 1987 following years of insurgency, it still insists on the boundary decided in 1875.
    • Assam, on the other hand, wants the boundary demarcated in 1986 (based on the 1933 notification).
    • In that case, entire Mizoram was part of Assam before the Independence,” Assam Chief Minister Himanta Biswa Sarma said on July 27.
    • Mizoram says the 1986 agreement is not acceptable as the Mizo civil society was not consulted at that time.

    [3] Haryana-Himachal Pradesh

    • The Parwanoo region has had the spotlight over the border dispute between the two states.
    • It is next to the Panchkula district of Haryana and the state has claimed parts of the land in Himachal Pradesh as its own.

    [4] Himachal Pradesh-Ladakh

    • Himachal and Ladakh lay claim to Sarchu, an area on the route between Leh and Manali.
    • It is considered a major point where travellers stop when travelling between the two cities.
    • Sarchu is in between Himachal’s Lahul and Spiti district and Leh district in Ladakh.

    [5] Arunachal Pradesh-Assam

    • Arunachal’s grievance is that the re-organisation of North Eastern states unilaterally transferred several forested tracts in the plains that had traditionally belonged to hill tribal chiefs and communities to Assam.
    • After Arunachal Pradesh achieved statehood in 1987, a tripartite committee was appointed which recommended that certain territories be transferred from Assam to Arunachal.
    • Assam contested this and the matter is before the Supreme Court.

    [6] Meghalaya-Assam

    • The problem between Assam and Meghalaya started when the latter challenged the Assam Reorganisation Act of 1971, which gave Blocks I and II of the Mikir Hills or present-day Karbi Anglong district to Assam.
    • Meghalaya contends that both these blocks formed part of the erstwhile United Khasi and Jaintia Hills district when it was notified in 1835.
    • Meghalaya bases its case on survey maps of 1872 and 1929 and certain notifications of 1878 and 1951, while Assam wants to go by the rejected recommendations of the Churachand Committee.

    [7] Assam-Nagaland

    • The longest-running border dispute in the North East is between Assam and Nagaland, which began soon after Nagaland became a state in 1963.
    • The Nagaland State Act of 1962 had defined the state’s borders according to a 1925 notification when Naga Hills and Tuensang Area (NHTA) were integrated into a new administrative unit.
    • Nagaland, however, does not accept the boundary delineation and has demanded that the new state should also have all Naga-dominated areas in North Cachar and Nagaon districts.
    • Since Nagaland did not accept its notified borders, tensions between Assam and Nagaland flared up soon after the latter was formed, resulting in the first border clashes in 1965.
    • This was followed by major clashes between the two states along the border in 1968, 1979, 1985, 2007, 2014 and 2021.

     

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  • Governor’s Role in State Universities

    A controversy has erupted in Kerala over the reappointment of a person as the Vice-Chancellor of Kannur University, with Governor saying he approved the decision against his “better judgment” as Chancellor.

    Role of Governors in State Universities

    • In most cases, the Governor of the state is the ex-officio chancellor of the universities in that state.
    • Its powers and functions as the Chancellor are laid out in the statutes that govern the universities under a particular state government.
    • Their role in appointing the Vice-Chancellors has often triggered disputes with the political executive.

    A disputed case

    • In Kerala’s case, the Governor’s official portal asserts that while as Governor he functions with the aid and advice of the Council of Ministers.
    • While acting as Chancellor he acts independently of the Council of Ministers and takes his own decisions on all University matters.
    • In marked contrast, the website of Rajasthan’s Raj Bhawan states that the “Governor appoints the Vice-Chancellor on the advice/ in consultation with the State Government”.

    What about Central Universities?

    • Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
    • With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as Visitor.
    • The VCs too are appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
    • The Act adds that the President, as Visitor, shall have the right to authorize inspections of academic and non-academic aspects of the universities and also to institute inquiries.

     

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  • AFSPA and the challenges ahead

    Context

    The death of civilians in Nagaland in a security operation has revived the debate about AFSPA.

    Demand for repeal of AFSPA

    • Some years ago, all the northeastern states had come together to demand the annulment of this Act.
    • That remained in the realm of yet another “demand”.
    • In 1997, after Nagaland’s most enduring insurgent outfit, the National Socialist Council of Nagalim (NSCN), led by Isak Swu and T H Muivah, first decided to talk peace with the Indian government, the Naga Peoples’ Movement for Human Rights (NPMHR) had approached the Supreme Court for revocation of the Act.
    • Enabling legislation: The apex court had then upheld its constitutionality and said it was an enabling legislation that confers minimum powers on the army to operate in situations of widespread internal disorder.

    Way forward

    • Talk to the other groups: Many are wondering if the peace talks between the NSCN (IM) and the government of India now lie in tatters.
    • The media has focussed exclusively on the NSCN (IM) and ignored the other Naga National Political Groups (NNPGs), who have been brought on board because they are Nagaland-based and speak exclusively for Nagaland.
    • The NNPGs and the Gaon Bura Association of Nagaland doubt NSCN(IM)’s ability to bring lasting peace in Nagaland.
    • Since 2015, the Nagaland Gaon Bura Association, the apex body of Nagas which includes all the 16 recognised tribes and the NNPGs barring the NSCN (IM), have sent several memorandums to the government.
    • These representatives of the Naga people do not demand a separate flag or constitution because they understand these are tenuous demands.
    • These groups have also never raised the sovereignty issue.
    • The working committee of the seven NNPGs, roped in to join the peace talks, are also opposed to the idea of changing interlocutors as and when the NSCN (IM) decides.
    • Reconsider use of AFSPA: There is a need to reconsider the use of the army and AFSPA when killings have reduced considerably.
    • The apex body has specifically mentioned that they want to be delivered from the gun culture.
    • Check the misuse of FMR: Countering insurgency in the Northeast is fraught also because of the Free Movement Regime (FMR) between India and Myanmar.

    Conclusion

    The government need to reconsider the use of AFSPA and also focus on other measures to ensure peace and stability in these regions.

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  • Demand for Greater Tipraland in Tripura

    Several tribal outfits in Tripura have joined hands to push their demand for a separate state called Greater Tipraland for indigenous communities in the region.

    Demand for Greater Tipraland

    • The Protestants are demanding a separate state of ‘Greater Tipraland’ for the indigenous communities of the north-eastern state.
    • They want the Centre to carve out a separate state under Articles 2 and 3 of the Constitution.
    • Greater Tipraland envisages a situation in which the entire Tripura Tribal Areas Autonomous District Council (TTADC) area will be a separate state.
    • It also proposes dedicated bodies to secure the rights of the Tripuris and other aboriginal communities living outside Tripura.

    What does the Constitution say?

    • Article 2 of the Indian Constitution deals with the admission or establishment of new states.
    • Parliament may by law admit into the Union, or establish, new States on such terms and conditions, as it thinks fit,” it states.
    • Article 3 comes into play in the case of “formation of new States and alteration of areas, boundaries or names of existing States” by the Parliament.

    How did the demand originate?

    • Accessed state: Tripura was a kingdom ruled by the Manikya dynasty from the late 13th century until the signing of the Instrument of Accession with the Indian government on October 15, 1949.
    • Demographic changes: There is an anxiety among the indigenous communities in connection with the change in the demographics of the state due to the displacements from the erstwhile East Pakistan.
    • Existential threats: From 63.77 per cent in 1881, the population of the tribals in Tripura was down to 31.80 per cent by 2011.
    • Ethnic conflicts: In the intervening decades, ethnic conflict and insurgency gripped the state, which shares a nearly 860-km long boundary with Bangladesh.

    What has been done to address the grievances of indigenous communities?

    • The TTADC was formed under the sixth schedule to ensure development and secure the rights and cultural heritage of the tribal communities.
    • The TTADC, which has legislative and executive powers, covers nearly two-third of the state’s geographical area.

    Back2Basics: Autonomous District Council

    • The Sixth Schedule of the Constitution of India allows for the formation of autonomous administrative divisions which have been given autonomy within their respective states.
    • Most of these autonomous district councils are located in North East India but two are in Ladakh, a region administered by India as a union territory.
    • Presently, 10 Autonomous Councils in Assam, Meghalaya, Mizoram and Tripura are formed by virtue of the Sixth Schedule with the rest being formed as a result of other legislation.

    Powers and competencies

    Under the provisions of the Sixth Schedule, autonomous district councils can make laws, rules and regulations in the following areas:

    • Land management
    • Forest management
    • Water resources
    • Agriculture and cultivation
    • Formation of village councils
    • Public health
    • Sanitation
    • Village and town level policing
    • Appointment of traditional chiefs and headmen
    • Inheritance of property
    • Marriage and divorce
    • Social customs
    • Money lending and trading
    • Mining and minerals

    Judicial powers

    • Autonomous district councils have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.

    Taxation and revenue

    • Autonomous district councils have powers to levy taxes, fees and tolls on; building and land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.

     

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  • Dam Safety Bill, 2021 introduced in RS

    The Dam Safety Bill 2021 was moved in the Rajya Sabha but the debate could not be held because of disruptions from the Opposition parties.

    Dam Safety Bill, 2021

    • The Bill provides for surveillance, inspection, operation and maintenance of dams to prevent disasters, and institutional mechanisms to ensure safety.
    • It applies to over 5,000 dams across the country, many of which are currently in poor conditions.
    • It has been met with significant opposition, particularly from several states that claim the bill oversteps the Centre’s mandate.

    Which dams are covered?

    • All dams in India with a height above 15 metres come under the purview of the bill.
    • Dams between 10 to 15 metres of height are also covered but only if they meet certain other specifications in terms of design and structural conditions.

    National Committee on Dam Safety

    • The Bill provides for the constitution of a National Committee on Dam Safety (NCDS) which is to be chaired by the Central Water Commissioner (CWC).
    • The other members of the NCDS will be nominated by the Centre and will include up to 10 representatives of the Centre, 7 state government representatives, and 3 experts on dam safety.
    • The NCDS is to formulate policies for dam safety and to prevent dam failures.
    • In the event of a dam failure, the NCDS will analyse why the failure occurred, and suggest changes in dam safety practices to ensure there aren’t any repetitions.

    National Dam Safety Authority (NDSA)

    • The bill provides for the formation of a NDSA which will be responsible for implementing the policies of the NCDS, and will resolve issues between State Dam Safety Organisations (or SDSOs) and dam owners.
    • The NDSA will also specify regulations for the inspection of dams and will provide accreditation to the various agencies working on the structure of dams and their alteration.

    State Dam Safety Organisations (SDSOs)

    • The bill will also result in the establishment of SDSOs, and State Committees on Dam Safety (SCDSs).
    • The jurisdiction of the SDSOs will extend to all dams in that specific state.

    Cross jurisdictions

    • The NDSA will, in some cases, possess this jurisdiction, for example, if a dam owned by one state is situated in another or crosses multiple states, or if a dam is owned by a central public sector undertaking.
    • SDSOs will be in charge of scrutinizing dams under their jurisdiction and maintaining a database of the same.
    • The SCDS will review the work of the SDSO, and will also have to assess the impact of dam-related projects on upstream and downstream states.
    • The bill gives the Central government the power to amend the functions of any of the above bodies through a notification, whenever it is deemed necessary to do so.

    How does Bill change the functioning of dams?

    • If the bill is made into a law, then dam owners will have to provide a dam safety unit in each dam.
    • The dam safety unit will be required to inspect the dam before and after the monsoon session, and also during and after natural disasters such as earthquakes and floods.
    • The bill requires dam owners to prepare emergency action plans. Risk-assessment studies will also have to be undertaken by owners, regularly.
    • At specified, regular intervals, and in the event of either a modification to the dam’s structure or a natural event that may impact the structure, dam owners will have to produce a comprehensive safety evaluation by experts.

    Do you know?

    The point of contention are four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.

    Issues with bill

    • The primary objection to the bill is that is unconstitutional, as water is one of the items on the State List.
    • Tamil Nadu, which currently possesses four dams situated in Kerala, is opposed to the Bill as it would result in the four dams falling under the NDSA.
    • This will be doing away with Tamil Nadu’s rights over the maintenance of the dam.
    • The Bill states that the NCDS will be chaired by the Central Water Commissioner.
    • However the Supreme Court has ruled in the past that such a scenario is prohibited, as it involves the CWC, an advisor, functioning both as a regulator and the head of the NCDS.

     

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