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GS Paper: Federalism

  • Delimitation in Jammu and Kashmir: how, why

    The Union government’s invitation to 14 key political leaders from Jammu and Kashmir for a meeting with the PM has led to speculation about the possible scheduling of the Assembly elections. However, the delimitation of constituencies is crucial for kick-starting any political process in J&K.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in change in the number of seats in a state.

    Do not forget to answer this PYQ in the comment box:

    Q.With reference to the Delimitation Commission, consider the following statements:

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    How often has delimitation been carried out in J&K?

    • Delimitation exercises in J&K in the past have been slightly different from those in the rest of the country because of the region’s special status — which was scrapped by the Centre in August 2019.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India, but the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • The last exercise was conducted by the Justice (retired) K K Gupta Commission when the state was under President’s Rule and was based on the 1981 census, which formed the basis of the state elections in 1996.
    • There was no census in the state in 1991 and no Delimitation Commission was set up by the state government after the 2001 census as the J&K Assembly passed a law putting a freeze until 2026.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    What is the status of this 2020 Delimitation?

    • Although the Commission was tasked to finish delimitation in a year, on March 4 this year, it was granted a year’s extension.
    • This was done at the request of the panel members since it couldn’t make much progress due to the Covid-19-induced shutdown across the country.

  • Centre must make way for states in Covid fight

    The States are better equipped to deal with the health emergencies and the Centre needs to augment them in their efforts. The article deals with this issue.

    Role of the States in health crisis

    • Covid-19 pandemic is a national crisis calling for concerted efforts by both, the Government of India (GoI) and state governments.
    • Health is a state subject, and the states have been pioneering many health programmes on their own, some with support and funding from the GoI, for a very long time.
    • The number of employees in the health wing of the GoI is negligible as compared to that in any state government.
    • The GoI must help them, motivate them to do better and assist them in their task.
    • Also, the GoI must and can play a major role is in vaccination.

    Role of the Central government

    • It must try to augment supplies by encouraging companies to produce more and through imports/gifts.
    •  However, whatever it procures must be allotted to states in proportion to their eligible population.
    • State governments must be involved in this policy.
    • The vaccination policy may be left to the state governments based on the allocation. 
    • The GoI must also augment supplies of critical medical goods through imports and donations from friendly nations in view of their acute shortage.
    • It must distribute them to the needy states transparently and equitably.

    Steps that need to be taken

    • Lockdowns need to be lifted in a calibrated manner depending on local conditions.
    • Lockdowns are not the solution, they just buy breathing time which can be used by governments to ramp up capacity.
    • State governments must set up efficient and well-functioning control rooms and telemedicine centres to guide people on home treatment and timely admission to hospitals.
    • The private sector can also be fully involved in these efforts.
    • Bed capacity must be increased in both private and public sectors, with all necessary requirements such as oxygen, medicines, and health workers.
    • It is also important to put in place a standard guidance protocol for health workers and control rooms to guide patients through the disease.
    •  Enforcement of masks and distancing in public places must go on till the country is fully vaccinated.
    • The measures suggested above require hard work and efficient management by state governments, by a team of reputed professionals and civil servants.
    • Daily briefing by a professional, not a politician, is the need of the hour at both the Centre and state level, giving some confidence and assurance to the public.

    Consider the question “In dealing with the health crisis the Union Government and the State governments are better placed for certain roles.  In light of this, examine the important role of the States in dealing with the Covid pandemic and how the Union government can complement it.”

    Conclusion

    The central government must realise that states are on the forefront in this war, and therefore, play a supporting and proactive role. It has only a minor, behind-the-scenes role in the health sector.

  • ECI releases an Atlas on General Elections 2019

    The Election Commission of India has released ‘General Elections 2019 – An Atlas’.

    Atlas on General Elections

    • The Atlas encompasses all the data and statistical figures of this monumental event. It shares interesting facts, anecdotes and legal provisions related to the Indian elections.
    • It brings out salient features such as data of the 23 States and Uts where women voting percentage was more than the male voting percentage.
    • It has information about the largest & smallest parliamentary constituency in terms of electors, candidates and performance of political parties amongst other parameters.
    • The Atlas depicts the elector’s data in different categories and through various comparison charts like Elector Gender Ratio and electors in different age categories.
    • This Atlas serves as an informative and illustrative document that brings to light the nuances of the Indian electoral process and empowers readers to analyze trends and changes.

    Data on 2019 Elections

    • The 2019 General Elections witnessed the lowest gender gap in the history of Indian elections.
    • The Elector Gender Ratio which has shown a positive trend since 1971 was 926 in the 2019 General Elections.
    • The Atlas also compares the average number of electors per polling station in different states during the 2014 & 2019 General Elections.
    • The Election Commission of India set up over 10 lakh polling stations in General Elections 2019 with the lowest number of electors per polling station (365) in Arunachal Pradesh.

    Why was such Atlas needed?

    • Since the first General Elections in 1951-52, the Commission has been publishing a compilation of electoral data in the form of narrative and statistical books.
    • 17th General Elections conducted in 2019 were the largest democratic exercise in human history which witnessed the participation of 61.468 crore voters at 10.378 lakh polling stations spread over 32 lakh sq km.

  • Challenges federalism faces in India

    The article highlights the challenges faced by the federalism in India in various domains and forms and suggests the ways to deal with these challenges.

    Growing tendency towards Centralisation

    • Moves to erode the powers of State governments are not new.
    • The Centre, on several occasions, has used its powers to dismiss or use the Governor to intimidate democratically elected governments.
    • During the Emergency, education was moved to the Concurrent list which was until then a State subject under the constitutional division of responsibilities.
    • However, the changes to federal relations at present are more systemic.
    • There has been increasing centralisation in resource allocations and welfare interventions.
    • After GST, the gap between the revenue that State governments are allowed to generate and the expenditure that they are expected to incur has been widening.
    • The Centre has been encroaching into domains under State government control through centrally sponsored schemes in sectors such as education and health.

    Three domains in which federalism faces challenges

    1) State-capital relation

    • At present there is growing trend towards centralising economic power in conjunction with political centralisation.
    • The consolidation and expansion of a few big business groups is taking place, probably at the expense of smaller players.
    •  On the one hand, the Centre has sought to insulate Indian big business from global competition by choosing not to enter into the Regional Comprehensive Economic Partnership (RCEP).
    • But the power of small businesses is eroded through support for GST and the call for a single national market.
    • So, big businesses are more likely to benefit from a removal of State-level barriers to trade at the expense of smaller regional players.

    2) Institutional transgression

    • Central institutions are increasingly weakening the policy levers of State institutions.
    • There are growing allegations of the misuse of institutions such as the Income Tax Department, the Enforcement Directorate and the National Investigation Agency are being used to intimidate opponents..
    •  Direct transfers to beneficiaries of welfare schemes bypassing States are also contributing to this dynamic.
    • The Centre is increasingly ignoring elected representatives of State governments, holding meetings with State secretaries and district collectors on issues that are primarily under State control.
    • Governors perform active administrative roles instead of their signatory roles.
    • To ensure national uniformity in educational institutions NEET was introduced in medical education.
    • But it subverts the affirmative action policies developed at the regional level in response to local.
    • In the domain of health, the Centre has now put State governments at a disadvantage in vaccine usage by fixing differential pricing for procuring vaccines.

    3) Socio-cultural foundations

    • Beside the legal-constitutional aspects of federalism, it is diversity in cultural foundation of regions that sustains Indian federalism.
    •  Markers of regional identities and regional socio-cultural practices are now interpreted as belonging to a pan-Indian Hindu tradition.

    Conclusion

    To stem this trend towards centralisation we need to provide more legal and constitutional safeguard to the States, strong regional political assertion and a strong federal coalition.

  • Reclining Buddha and his various other depictions in art

    On this Buddha Jayanti, Buddha Purnima, or Vesak — India’s largest statue of the Reclining Buddha was to have been installed at Bodh Gaya. The ceremony has been put off due to Covid-19 restrictions.

    The Reclining Buddha

    • A reclining Buddha statue or image represents The Buddha during his last illness, about to enter Parinirvana, the stage of great salvation after death that can only be attained by enlightened souls.
    • The Buddha’s death came when he was 80 years old, in a state of meditation, in Kushinagar in eastern Uttar Pradesh, close to the state’s border with Bihar.

    Answer this PYQ from CSP 2014 in the comment box:

    Q.Lord Buddha’s image is sometimes shown with a hand gesture called ‘Bhumisparsha Mudra’. It symbolizes-

    a) Buddha’s calling of the Earth to watch over Mara and to prevent Mara from disturbing his meditation

    b) Buddha’s calling of the Earth to witness his purity and chastity despite the temptations of Mara

    c) Buddha’s reminder to his followers that they all arise from the Earth and finally dissolve into the Earth and thus this life is transitory

    d) Both the statements ‘a’ and ‘b’ are correct in this context

    Significance of the position

    • Buddha is lying on his right side, his head resting on a cushion or relying on his right elbow, supporting his head with his hand.
    • After the Buddha’s death, his followers decide to build a statue of him lying down.
    • It is a popular iconographic depiction in Buddhism and is meant to show that all beings have the potential to be awakened and be released from the cycle of death and rebirth.

    Connection with Gandhara Art

    • The Reclining Buddha was first depicted in Gandhara art, which began in the period between 50 BC and 75 AD, and peaked during the Kushana period from the first to the fifth centuries AD.
    • Since the Buddha was against idol worship, in the centuries immediately following his Parinirvana (483 BC), his representation was through symbols.
    • As the devotional aspect subsequently entered Buddhist practice, however, iconographic representations of The Buddha began.

    Try this question from CS Mains 2016:

    Q.Early Buddhist Stupa-art, while depicting folk motifs and narratives, successfully expounds Buddhist ideals. Elucidate.

    Reclining Buddha outside India

    • In Sri Lanka and India, the Buddha is mostly shown in sitting postures, while the reclining postures are more prevalent in Thailand and other parts of southeast Asia.
    • There are several statues of the Reclining Buddha in China, Thailand, Japan, Indonesia, and Malaysia.
    • The largest in the world is the 600-foot Winsein Tawya Buddha built-in 1992 in Mawlamyine, Myanmar.
    • In the late 15th century, a 70-meter statue of the Reclining Buddha was built at the Hindu temple site of Baphuon in Cambodia’s Angkor.
    • The Bhamala Buddha Parinirvana in Pakistan’s Khyber Pakhtunkhwa province, which dates back to the 2nd century AD, is considered the oldest statue of its kind in the world.

    Reclining Buddha in India

    • Cave No. 26 of the UNESCO World Heritage Site of Ajanta contains a 24-foot-long and nine-foot-tall sculpture of the Reclining Buddha, believed to have been carved in the 5th century AD.
    • It shows the Buddha reclining on his right side, and behind him are two sala trees.
    • At the base of the sculpture are his begging bowl, a water pitcher and walking stick.
    • While his disciples are shown sitting in mourning, celestial beings are shown on top, rejoicing in anticipation of the Buddha’s arrival in heaven.

    Mediation Buddha 

    Sanchi Stupa and Bharhut Stupa: This is part of the aniconic phase of early Buddhist iconography. In early Buddhist art, the empty seat or empty throne symbolized the presence of the Buddha without depicting him in human form.

    Back2Basics: Mudras of Buddha

    Dharmachakra Mudra

    • It is also called as the gesture of ‘Teaching of the Wheel of Dharma’ that describes one of the most important moments in the Buddha’s life as he performed the Dharmachakra mudra in his first sermon in Sarnath after he attained enlightenment.
    • It is performed with the help of both the hands which are held against the chest, the left facing inward, covering the right facing outward.

    Dhyan Mudra

    • It is also known as Samadhi or Yoga Mudra.
    • It is performed with the help of two hands, which are placed on the lap and place the right hand on the left hand with stretched fingers (thumbs facing upwards and other fingers of both the hand resting on each other.)
    • This is the characteristic gesture of Buddha Shakyamuni, Dhyani Buddha Amitabh and the Medicine Buddha.

    Bhumisparsa Mudra

    • This gesture is also known as ‘touching the Earth’, which represents the moment of the Buddha’s awakening as he claims the earth as the witness of his enlightenment.
    • It is performed with the help of the right hand, which is held above the right knee, reaching toward the ground with the palm inward while touching the lotus throne.

    Varada Mudra

    • This mudra represents the offering, welcome, charity, giving, compassion and sincerity.
    • It is performed with the help of both the hands in which palm of right hand is facing forward and fingers extended and left hand palm placed near centre with extended fingers.

    Karana Mudra

    • It signifies the warding off of evil which is performed by raising the index and the little finger, and folding the other fingers.
    • It helps in reducing sickness or negative thoughts.

    Vajra Mudra

    • This gesture denotes the fiery thunderbolt that symbolises the five elements—air, water, fire, earth, and metal.
    • It is performed with the help of right fist and left forefinger, which is placed by enclosing the erect forefinger of the left hand in the right fist with the tip of the right forefinger touching (or curled around) the tip of the left forefinger.

    Vitarka Mudra

    • It signifies the discussion and transmission of the teachings of the Buddha.
    • It is performed by joining the tips of the thumb and the index fingers together while keeping the other fingers straight, which is just like the Abhaya Mudra and Varada Mudra but in this mudra the thumbs touch the index fingers.

    Abhaya Mudra

    • It is a gesture of fearlessness or blessing that represents the protection, peace, benevolence, and dispelling of fear.
    • It is performed with the help of right hand by raising to shoulder height with bent arm, and the face of palm will be facing outward with fingers upright whereas the left hand hanging down while standing.

    Uttarabodhi Mudra

    • This denotes the supreme enlightenment through connecting oneself with divine universal energy.
    • It is performed with the help of both the hands, which are placed at the heart with the index fingers touching and pointing upwards and the remaining fingers intertwined.

    Anjali Mudra

    • It is also called Namaskara Mudra or Hridayanjali Mudra that represents the gesture of greeting, prayer and adoration.
    • It is performed by pressing the palms of the hands together in which the hands are held at the heart chakra with thumbs resting lightly against the sternum.

  • Mekedatu Project

    The National Green Tribunal (NGT), Southern Zone has appointed a joint committee to look into allegations of unauthorized construction activity taking place in Mekedatu, where the Karnataka government had proposed to construct a dam across the Cauvery River.

    What is the Mekedatu Project?

    • Mekedatu, meaning goat’s leap, is a deep gorge situated at the confluence of the rivers Cauvery and Arkavathi, about 100 km from Bengaluru, at the Kanakapura taluk in Karnataka’s Ramanagara district.
    • In 2013, then Karnataka announced the construction of a multi-purpose balancing reservoir project.
    • The project aimed to alleviate the drinking water problems of Bengaluru and Ramanagara district.
    • It was also expected to generate hydro-electricity to meet the power needs of the state.

    Issues with the project

    • Soon after the project was announced TN has objected over granting of permission or environmental clearance.
    • Explaining the potential for damage to the lower riparian state of TN, it said that the project was in violation of the final award of the Cauvery Water Disputes Tribunal.
    • It stated that the project will affect the natural flow of the river Cauvery considerably and will severely affect the irrigation in TN.

  • Centre’s decision to provide security to MLAs raises questions

    The article deals with the issue of the Home Ministry’s decision to provide security to BJP MLAs in West Bengal.

    Context

    Recently, the Union Ministry of Home Affairs (MHA) decided to provide security cover to 77 MLAs of the Bharatiya Janata Party (BJP) who were elected earlier this month after the West Bengal Assembly poll.

    Issues with the decision

    1) Threat perception discussed for a group and not one by one person

    • Decisions to provide security to persons under threat is taken by a committee in the MHA.
    • The committee comprises officials from the MHA, the Intelligence Bureau, Delhi Police and senior officials of the Central Armed Police Forces.
    • In the meetings of the committee, the threat perception of each of the person to be secured is discussed one by one and not collectively for any group as such.
    • However, in the decision to deploy CAPF personnel for the 77 MLAs, threat perception for each of the persons was not discussed.

    2) Law and order is a state subject

    • Law and order being a State subject, West Bengal is duty-bound to protect every citizen of the State, more so the MLAs.
    • By deploying central forces, the Centre has sent a clear signal that it does not rely upon the State government to provide fool-proof security to the BJP MLAs.
    • This is not a good sign for Centre-State relations.
    • The Central government’s distrust of officers who are considered close to a State’s ruling dispensation does not bode well for police officers across the country.

    3) Burdening the security forces

    • The number of protected persons has increased in recent years.
    • In 2019, as many as 66,043 police and CAPF personnel were deployed to protect 19,467 persons against the sanctioned strength of 43,556 personnel, as per the Data on Police Organisations.
    • Constant deployment of CAPF personnel on protection duties impacts their training schedule.

    Curbing the tendency to have security as status symbol

    • To curb the tendency of demanding security personnel around themselves, leaders and prominent persons should be asked to bear the expenditure.
    • Similarly, Members of Parliament and leaders with criminal records should be charged a fee for the security personnel deployed to protect them.

    Conclusion

    The Centre’s decision to provide security to the MLAs would set a wrong precedent and does not bode well for federalism.

  • Divesting States of the power to determine backwardness hits federalism

    The article highlights the issues with the Supreme Court judgement in the Maratha reservation case.

    Three findings from Maratha reservation judgement

    • Recently, the Supreme Court of India declared as unconstitutional a Maharashtra law which provided for reservation to the Maratha community.
    • Three primary findings emanated from the judgement-
    • 1) Maratha not backward class: The Court held that the Maratha community did not constitute a socially and educationally backward class.
    • 2) Breach of 50% limit: The bench said that the law was in breach of a rule previously set by the Court disallowing reservations made in excess of 50% of the total available positions.
    • 3) Power of the States: The Court held that State governments had no independent power to declare a group as a backward class.

    Issues with the judgement

    The latter two findings run against the values of equality and federalism, which the Court has long regarded as integral to India’s democracy.

    1)  50% limit does not stem from the Constitution

    • Articles 16(4) and 15(4) which confer power on the government to make reservations do not contains 50% limitation.
    • Reservation as an exception: Originally, however, these clauses were seen by the Supreme Court as exceptions to a broad rule of formal equality envisioned by the Constitution.
    • To that end, the Court held that to allow reservation in excess of 50% would lead to an exception overriding a rule. 
    • Reservation as basic guarantee: Countering the reservations as an exception position, a seven-judge Bench, in State of Kerala vs N.M. Thomas (1975), held that a programme of reservation was inherent in the Constitution’s basic guarantee of equal treatment.
    • This judgment held that affirmative action by the state was compelled by an objective of attaining substantive equality.
    • With this judgement the rule requiring that reservations stay under 50% ought to have been deemed incongruous.
    • But when the Court sat as a nine-judge Bench in Indra Sawhney vs Union of India (1992) it sustained the 50% limit.
    • The majority on the Bench ruled, on the one hand, that N.M. Thomas was correct in seeing reservations as embedded in a constitutional vision of substantive equality.
    • On the other hand, the bench accepted that reservation made in excess of 50%, barring exceptional circumstances, was harmful to that very vision. 

    2) Interpretation of 102nd Amendment curtails the powers of the State governments to declare groups as backward

    • After Indra Sawhney judgement, the determination of backward classes was made by the National Commission for the Backward Classes, at the level of the Centre, and by regional commissions at the level of the State governments.
    • This division in power, gave States autonomy to classify groups as backward.
    • In contrast, the power to prepare lists of Scheduled Castes and Scheduled Tribes, vested solely with the Union government.
    • The 102nd Amendment (2018), introduced Article 342A.
    • Article 342A stipulated that the President of India may, after consultation with the State government, notify groups of persons within such a State who are deemed to be socially and educationally backward.
    • Any such “Central List”, the clause clarified, could only be altered by Parliament.
    • Article 366(26C) was also added, and “socially and educationally backward classes” was defined as “such backward classes as are so deemed under Article 342A for the purposes of this Constitution”.
    • In interpreting these changes, a majority in the Maratha reservation judgement concluded that the power for determination of other backward classes rests solely with the Centre.

    How this interpretation goes against the federalism

    • This interpretation of 102nd Amendment altogether dispossess States from exercising a time-honoured authority.
    • But yet the amendment, in the Court’s belief, did not violate the Constitution’s basic structure.
    • This was because, according to the majority, the alterations neither took away “the very essence of federalism” nor denuded the States of their effective power to legislate.
    • But divesting states of power this critical, to classify groups as backward, entitling many communities to protection under Articles 15(4) and 16(4) is offensive to the “essence” of federalism.
    • The changes, as interpreted by the Court, directly impede the ability of States to secure just social order.

    Consider the question “What are the implications for the States of the interpretation of the 102nd Amendment by the Supreme Court in the Maratha reservation case?” 

    Conclusion

    It is imperative that Parliament amend the Constitution and grants to States an express power to determine backwardness. Any other result will offend the delicate balance at the heart of Indian federalism.

  • Register of Indigenous Inhabitants of Nagaland (RIIN)

    An apex body of Naga tribes has asked the Nagaland government not to be hasty with the exercise to prepare the Register of Indigenous Inhabitants of Nagaland (RIIN), seen as a variant of Assam’s National Register of Citizens.

    Register of Indigenous Inhabitants of Nagaland (RIIN)

    • The Government of Nagaland has decided to set up a Register of Indigenous Inhabitants of Nagaland (RIIN) with the aim of preventing fake indigenous inhabitants’ certificates.
    • The RIIN will be the master list of all indigenous inhabitants of the state.

    How will the list be prepared?

    • The RIIN list will be based on “an extensive survey”.
    • It will involve official records of indigenous residents from rural and (urban) wards and would be prepared under the supervision of the district administration.
    • The preparation of the list will start from July 10, 2019, and the whole process will be completed within 60 days from the start.
    • Designated teams of surveyors will be formed within seven days from the date of publication of the notification, and thereafter these teams will be sent across each village and ward.
    • The database will note each family’s original residence, current residence as well as the concerned Aadhaar

    What is the review procedure?

    • Respondents will be given an opportunity to make their case before the authorities.
    • Eventually, respective Dy. Commissioners will adjudicate on the claims and objections based on official records and the evidence produced.
    • This process will be completed before December 10, 2019.

    Unique identity through Indigenous Inhabitant Certificate

    • Based on the adjudication and verification, a list of indigenous inhabitants will be finalised and each person will be given a unique ID.
    • The final list or the RIIN will be created and its copies will be placed in all villages and ward.
    • Electronic copies of the list will also be stored in the State Data Centre. A mechanism or electronic and SMS-based authentication will be put in place.
    • All indigenous inhabitants of the state would be issued a barcoded and numbered Indigenous Inhabitant Certificate.
    • The process will be conducted across Nagaland and will be done as part of the online system of Inner Line Permit (ILP), which is already in force in Nagaland.

    Back2Basics: Inner Line Permit (ILP)

    • ILP is an official travel document required by Indian citizens residing outside certain “protected” states while entering them.
    • The ILP is issued by the Govt. of India and is obligatory for all those who reside outside the protected states.
    • With the ILP, the government aims to regulate movement to certain areas located near the international border of India.
    • ILP’s origin dates back to the Bengal Eastern Frontier Regulations, 1873, which protected the British Crown’s interest in tea, oil and elephant trade.
    • It prohibited “British subjects” or Indians from entering these protected areas.
    • After Independence, in 1950, the word “British subjects” was replaced by Citizens of India and the focus of the ban on free movement was explained as a bid to protect tribal cultures in northeastern India.

  • What is Durbar Move?

    A tradition of a century and a half is set to be broken in Jammu and Kashmir, with only “sensitive records” being taken from Jammu to Srinagar this summer during the “Durbar Move”.

    Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)

    Durbar Move

    • Durbar Move is a bi-annual shifting of the Civil Secretariat and other offices of the state government from Jammu to Srinagar in summer, and vice versa in winter.
    • This is done as Jammu & Kashmir has two capitals: Kashmir during summer and Jammu during winter.
    • In Jammu, offices shut on the last Friday and Saturday of April and reopen in Srinagar on the first Monday after a gap of a week.
    • In Kashmir, offices shut on the last Friday and Saturday of October, to reopen in Jammu on the first Monday after a week’s gap, in November.

    The reasons why

    • Durbar Move is a tradition started 149 years ago started by the erstwhile Dogra rulers who hailed from Jammu but had expanded their boundaries to Kashmir including what is now Pakistan-occupied Kashmir, and Ladakh.
    • Jammu, Kashmir and Ladakh are very different from one another geographically, linguistically and culturally, and in those days were poorly connected by road.
    • It is generally understood that the Durbar Move was started to take the administration to the doorstep of the people of Kashmir which is closer to Ladakh.
    • During summer, ruling from Kashmir also helped in ensuring adequate supplies to Ladakh, which is closer to Kashmir than Jammu, before the winter snowfall would cut off Ladakh.
    • The practice also enabled greater interaction and bonding among the people of Jammu, Kashmir and Ladakh.

    The effort

    • Until 2019, the administration used to engage hundreds of trucks and buses for carrying office records and officials from one capital city to another.
    • For safe transportation, the Jammu & Kashmir police and paramilitary forces would dominate the entire Jammu-Srinagar national highway.
    • Apart from the expenses incurred on hiring trucks and buses, the moving staff also used to be paid TA and DA, besides arrangements for their accommodation.

    The criticism

    • Voices of protest started during the late 1980s, over the amount of money and time spent on the exercise.
    • However, the practice also enjoyed public support.
    • In recent years, many criticised the government for spending nearly Rs 200 crore on this exercise every year when it did not have enough funds even to pay salary to its employees.
    • Last year, the Jammu & Kashmir High Court observed that there was no legal justification or constitutional basis for the Darbar Move tradition.
    • The court recommended that in case the practice was rationalized, the resources and time saved could be utilized towards the welfare and development of the UT.
    • The money saved could also be used to address Covid-related issues like food shortage, unemployment and healthcare.

    What next?

    • The UT government has decided to switch to e-governance, will all office records converted into digital format.
    • As a result, while the Secretariat employees and some offices will move from Jammu to Srinagar, as usual, this year, only sensitive records will be shifted from one place to another.