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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • Creating a new District

    Punjab CM has recently declared Malerkotla the 23rd district of the State.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to the Majuli district for “administrative expediency”.

    Are there are any exceptions?

    • The State government has been vested with unfettered powers under Section 5 of the Punjab Land Revenue Act, 1887 to create new districts.
    • This power is generally held temporarily in abeyance only during active census operations or during the delimitation exercise of Lok Sabha/Vidhan Sabha constituencies.

    Answer this PYQ in the comment box:

    Q. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?

    1. Constitution of District Planning Committees.
    2. State Election Commissions to conduct all panchayat elections.
    3. Establishment of State Finance Commissions.

    Select the correct answer using the codes given below:

    (a) Only 1

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

    What has been the trend?

    • According to the 2011 Census, there were 593 districts in the country.
    • The Census results showed that between 2001-2011, as many as 46 districts were created by States.
    • Though the 2021 Census is yet to happen, Know India, a website run by the Government of India, says currently there are 718 districts in the country.
    • The surge in number is also due to the bifurcation of Andhra Pradesh into A.P and Telangana in 2014. Telangana at present has 33 districts and A.P has 13 districts.
  • Issues with MHA notification for OCI

    About notification

    • The Home Ministry’s March 4 order that required professional Overseas Citizens of India (OCIs), such as journalists, engineers and researchers, to notify the Ministry about their activities in India.
    • The notification said that OCIs shall be required to obtain a “special permission or a special permit” from the competent authority or the Foreigners Regional Registration Office (FRRO) or the Indian mission “to undertake research, missionary or Tabligh or mountaineering or journalistic activities or internship in any foreign diplomatic missions
    • The Ministry issued a gazette notification that OCI cardholders could claim “only NRI (Non-Resident Indian) quota seats” in educational institutions.

    Issues with the notification

    • This will place undue burden on scientific, pharmaceutical, medical, biotechnology and other research fields.
    • Even if an OCI student has secured a high rank in an exam like NEET, several institutions of repute do not have NRI seats.
    • The exorbitantly high fees under the NRI quota cannot be afforded by many OCIs as they live and work in India.
    • India-domiciled OCI students are deprived of domicile status both in India [country of residence] as well as the country of their citizenship.
    • The notification equates India-domiciled OCIs with a foreigner.

    About OCIs

    • OCIs are of Indian origin but hold foreign passports.
    • India does not allow dual citizenship but provides certain benefits under Section 7B(I) of the Citizenship Act, 1955 to the OCIs.
    • So far, 37.72 lakh OCI Cards are said to have been issued.
  • Black marketing during the pandemic

    The article highlights the issue of black-marketing of drugs during the pandemic and the factors responsible for it.

    Problem of fake and sub-standard drugs

    • There have been reports of fake remdesivir amid the Covid pandemic.
    • It is difficult to quantify the morbidity and mortality effects of fake or sub-standard drugs, but they are substantial.
    • Legally, the Drugs and Cosmetics Act (DCA) has different categories of misbranded, adulterated and spurious drugs.
    • In 2003 Mashelkar Committee noted that although the Drugs and Cosmetics Act has been in force for the past 56 years, but the level of enforcement in many States has been far from satisfactory.
    • The committee also noted that the problems in the regulatory system in the country were primarily due to inadequate or weak drug control infrastructure at the State and Central level.

    Steps taken to deal with the issue

    • Assistance has also been provided under the World Bank assisted Capacity Building Project to upgrade testing facilities and to establish new drug testing laboratories.
    • The Drugs & Cosmetics Act, 1940 has recently been amended in 2008 for providing more stringent penalties to those involved in the trade of spurious drugs.
    • There are specially designated courts and regulatory infrastructure has been strengthened.
    •  There is also a whistle-blower scheme.

    Distinction between hoarding and black-marketing

    • A hoarder is anyone who stocks up items.
    • The crime isn’t hoarding per se but of selling a drug without a licence.
    • Data on prosecutions, and convictions when prosecuted, of crimes under Drugs and Cosmetics Act, are not encouraging.
    • Incidentally, courts have ruled police officers can’t register FIRs, arrest and prosecute (for cognisable crimes) under this law.
    • That’s the job of drugs inspectors.
    • The notion of a black market is different, though the two can be related.
    • In this context, it means charging a premium when there is a shortage.
    • A black market occurs when the price at which a product is sold is higher than an administratively determined price.

    Conclusion

    Action not taken in the best of times now strikes back at us in the worst of times.

  • EdTech needs an ethics policy

    The article highlights the privacy concerns associated with EdTech apps in the absence of a regulatory framework.

    Privacy risks associated with EdTechs

    • Since the onset of the pandemic, online education has replaced conventional classroom instruction.
    • This has given rise to several EdTech apps which have become popular.
    • To perform the process of learning customisation, the apps collect large quantities of data from the learners through the gadgets that the students use.
    • These data are analysed in minute detail to customise learning and design future versions of the app.
    • The latest mobile phones and hand-held devices have a range of sensors like GPS, gyroscope, accelerometer, magnetometer and biometric sensors apart from the camera and microphones.
    • These provide data about the learner’s surroundings along with intimate data like the emotions and attitudes experienced and expressed via facial expressions and body temperature changes.
    • In short, the app and device have access to the private spaces of the learner that one would not normally have access to.

    Informed consent in research

    • Researchers dealing with human subjects need to comply with ethics rules along with global standards.
    • One of the cardinal rules that should never be broken is informed consent.
    • Before any research on human subjects is undertaken, researchers have to submit detailed proposals to their respective ethics committees and obtain their permissions.
    • Further, a researcher working with children, for example, would also have to convince schoolteachers, parents, and school managements about the nature of the research to be undertaken, type of data to be collected, method of storage, the potential harmful effects of such data, etc.

    Minimal safeguards in EdTech

    • The safeguards that traditional researchers are subject to are either missing or minimal in research that the EdTech industry promotes.
    • The concept of informed consent is not meaningful since there are no proper primers to explain to stakeholders the intricacies in layperson terms.
    • Since India does not have protection equivalent to the GDPR, private data collected by an EdTech company can be misused or sold to other companies with no oversight or protection.

    Way forward

    • Given these realities, it is necessary to formulate an ethics policy for EdTech companies.
    • Such a policy draft should be circulated both online and offline for discussions and criticism.
    • Issues of fairness, safety, confidentiality and anonymity of the user would have to be dealt with.
    • EdTech companies would have to be encouraged to comply in the interest of a healthier learning ecosystem.

    Consider the question “What are the challenges associated with the adoption of online education mode? Suggest the ways to deal with these challenges.”

    Conclusion

    The lack of a regulatory framework in India along the lines of the General Data Protection Regulation (GDPR) in Europe could impinge on the privacy of students. What we need is ethics policy in online education space.

  • Rajasthan to use MLA fund for vaccination

    MLA-LAD Fund for buying vaccine

    • As part of the efforts to mobilise financial resources for COVID-19 vaccination, Rajasthan Chief Minister has approved a proposal to provide ₹3 crore each from the MLA Local Area Development (LAD) Fund.
    • For meeting the expenses, the fund for each legislator has been increased from ₹2.25 crore to ₹5 crore a year.
    • The 200 MLAs in the State will contribute a total of ₹600 crore to the vaccination fund account under the Chief Minister’s Relief Fund.
    • From the remaining ₹2 crore in the MLA-LAD Fund, ₹1 crore will be spent on strengthening the medical infrastructure, purchase of equipment and setting up of model community health centres.

    About MLA-LAD Fund

    • Member of Legislative Assembly Local Area Development is a scheme that enables each MLA to undertake small developmental works in his/her constituency.
    • The MLALAD Scheme is intended to be utilised for small but essential projects/works based on the felt needs of the local public.
    • Under this scheme, funds will be provided in the State’s Plan Budget every year.
  • Centre notifies GNCT Act that gives more powers to Delhi L-G

    GNCT Act comes into effect

    • The Ministry of Home Affairs (MHA) issued a gazette notification stating that the provisions of the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, would be deemed to have come into effect from April 27.
    • The Act defines the responsibilities of the elected government and the L-G along with the “constitutional scheme of governance of the NCT” interpreted by the Supreme Court in recent judgements regarding the division of powers between the two entities.

    What the Amendment seeks to achieve

    • The Act will clarify the expression Government and address ambiguities in legislative provisions.
    • It will also seek to ensure that the L-G is “necessarily granted an opportunity” to exercise powers entrusted to him under proviso to clause (4) of Article 239AA of the Constitution.
    • Clause (4) of Article 239AA provides for a Council of Ministers headed by a Chief Minister for the NCT to “aid and advise the Lieutenant Governor” in the exercise of his functions for matters in which the Legislative Assembly has the power to make laws.
    • Now Act will also provide for rules made by the Legislative Assembly of Delhi to be “consistent with the rules of the House of the People” or the Lok Sabha.
  • Centre uses Disaster Management Act to restrict liquid oxygen use for non-medical purposes

    Order under Disaster Management Act 2015

    • Invoking the Disaster Management Act, the Centre ordered States that all liquid oxygen shall be made available to the government and will be used for medical purposes only.
    • The order said that under section 10(2)(I) and section 65 of the DM Act, States had to ensure that “liquid oxygen is not allowed for any non medical purpose”
    • The order was passed after the review of oxygen supply situation in the country.

    Dealing with the shortage

    • On April 22, Centre issued order under the DM Act, making the district magistrates and senior superintendent of police personally liable to allow unhindered inter-State movement of vehicles carrying medical oxygen.
    • Despite MHA’s orders and letters, States continued to flag shortage of oxygen supply.
    • Medical oxygen to States are being provided as per daily quota decided by an empowered group of officers in central ministries.
  • Why single price of vaccine across the country is good idea

    The article deals with the issues of different prices set for the Covid vaccine and its implications.

    Understanding the positive and negative externalities

    • Vaccines have a positive externality; it is a good whose consumption benefits not just the one who has it.
    • A vaccinated person is not only relatively protected against the disease himself/herself, but also less likely to transmit it to others.
    • Usually, a person getting vaccinated takes into account only his/her own cost and benefit, while ignoring the fact that he/she lowers the chances of infecting others.
    • It is the opposite of smoking, which has “negative externality”.
    • Since every individual ignores the full set of benefits/costs from consuming goods with positive/negative externalities, the market isn’t always the most efficient mechanism for allocation of such goods.
    • That is a key reason why governments treat goods having large positive externalities as “public goods” and provide these while factoring in the full costs and benefits to society.

    Analysing the issues with vaccine policy

    1) Vaccine inequality

    • It requires vaccine manufacturers to supply 50 per cent of their production to the Centre at controlled prices, while allowing them to sell the remaining half in the open market including to state governments at pre-announced “self-set” prices.
    • To start with, the new policy can lead to differential access to the vaccine.
    • Manufacturers are supposed to “transparently declare” their prices in advance for their 50 per cent supply to the open market.
    • But there is no limit per se on the retail price they would charge.
    • This could lead to a whole range of prices and vaccine inequality, apart from diversion of supplies from the controlled low-price government centres to the open market.
    • So, we may well have scarcity in the “mass” segment co-existing with a glut in the “elite” segment.
    • There is also concerns about economic efficiency and the potential for market failure.

    2) Economic efficiency and potential for market failure

    • Imagine there are two sets of people in India.
    • The first consists of those who are better off and can afford to stay back or work from home.
    • This lot is also less likely to cause infection to others.
    • The second set is mostly blue-collar workers, small traders, vendors and agriculturists.
    • The nature of their work — on the shop floor or in the field — makes them naturally prone to infect others.
    • It follows, then, that society gains from first vaccinating the latter, as they have a higher negative externality.
    • The market will ignore those with lower purchasing power, despite them having a higher probability of spreading the disease.
    • In fact, the bigger the income difference between the two segments, the greater will be the extent of market failure from simultaneous over-provisioning and under-provisioning.

    Way forward

    • The solution could be a single price to be paid to vaccine makers for all the doses that they supply.
    • The price should be high enough to stimulate them to rapidly ramp up production.
    • Those government should pay directly to the vaccine maker or the hospital administering the dose for those without sufficient means.
    • The suggested solution is similar to the fertiliser subsidy, which is now disbursed to companies only after actual sales to farmers.

    Consider the question “What policy should be followed for the vaccination in the country? What are the issues with the curent policy which involved different price for government and for open market.”

    Conclusion

    A single price for Covid-19 vaccines will stimulate production, ensure efficient vaccination.

  • Strengthening the process of choosing the police chief

    The article suggests the need for reforms in the process of appointment to the police chief to ensure the political neutrality of the police.

    Process of appointing and removing police chief

    •  A crucial way in which governments exercise control over the State police is through their unregulated power to decide who the chief will be.
    • There is no independent vetting process to assess the suitability of qualified candidates, and the government’s assessment, if it is done at all, remains opaque and is an exercise behind closed doors.
    •  The moot reform issue is in ensuring the right balance between the government’s legitimate role in appointing or removing the police chief with the need to safeguard the chief’s operational autonomy.

    Need for reforms

    Two elements are vital to reforms in this area.

    1) Shift the responsibility to independent oversight body of which government is one part

    • The National Police Commission (NPC) (1979), and the Supreme Court in its judgment in 2006, in the Prakash Singh case suggested establishing a state-level oversight body with a specified role in the appointment and removal of police chiefs.
    • While the Supreme Court entrusted the Union Public Service Commission (UPSC) with a role in shortlisting candidates from which the State government is to appoint the police chief.
    • However, the Model Police Bill, 2015 places the responsibility with a multiparty State Police Board, also referred to as the State Security Commission (SSCs) instead.

    No compliance with SC directive in the formation of SSC

    • While 26 States and the Union Territories have established SSCs, not a single one adheres to the balanced composition suggested by the top court.
    • Some do not include the Leader of the Opposition; others neither include independent members nor follow an independent selection process of the members.
    • In essence, the commissions remain dominated by the political executive.
    • Moreover, in as many as 23 States, governments retain the sole discretion of appointing the police chief. Assam, Jharkhand, Karnataka, Meghalaya and Mizoram are the only States where, on paper, the SSC is given the responsibility of shortlisting candidates.

    2) Need for transparency

    • The second element critical to police reforms is instituting an independent and transparent selection and decision-making process around appointment and removal, against objective criteria.
    •  On appointments, the Court and the Model Police Act require the UPSC/SSC to shortlist candidates on the basis of length of service, service record, and range of experience and a performance appraisal of the candidates over the past 10 years.
    • However, no further guidance has been developed on explaining these terms or specifying their elements.
    • Similarly, no scrutiny process has been prescribed to justify removals from tenure posts.
    • The National Police Commission had required State governments to seek the approval of the State Security Commission before removing the police chief before the end of term.
    • This important check was diluted under the Prakash Singh judgment that only requires governments to consult the SSC.
    • Most States omit even this cursory step.
    • The Supreme Court has rightly emphasised that “prima facie satisfaction of the government” alone is not a sufficient ground to justify removal from a tenure post in government, such as that of the police chief (T.P. Senkumar vs Union of India, 2017).
    • The rule of law requires such decisions be for compelling reasons and based on verifiable material that can be objectively tested.

    Way forward

    • Clear and specific benchmarks need to be integrated into decision-making processes, both on appointments and removals, to prevent politically motivated adverse actions.
    • In improving transparency the United Kingdom provides a useful example by introducing public confirmation hearings as an additional layer of check for the appointment of the heads of their police forces.

    Consider the question “Examine the status of compliance of the states to the directives of the Supreme Court with respect to the constitution of State Security Commission in the Prakash Singh case.”

    Conclusion

    Reforms are needed on urgent to ensure fairness in administrative decisions and to protect the political neutrality of the police. Any further delay in implementing reforms in this area will continue to demoralise the police and cripple the rule of law.

  • India retains 142 of 180 spot in World Press Freedom index

    Where India stands on freedom of press

    • India is ranked at 142 out of 180 countries on the World Press Freedom Index 2021.
    • India at142th position is same as last year, after it had consistently slid down from 133 in 2016.
    • In the South Asian neighbourhood, Nepal is at 106, Sri Lanka at 127, Myanmar (before the coup) at 140, Pakistan at 145 and Bangladesh at 152.
    • The index is published by the international journalism not-for profit body, Reporters Without Borders (RSF).
    • China is ranked 177, and is only above North Korea at 179 and Turkmenistan at 178.

    What the report said about India

    • The report released on Tuesday stated that India shares the “bad” classification with Brazil, Mexico and Russia.
    • RSF has highlighted that the “campaigns are particularly violent when the targets are women”.
    • Further, it said that criminal prosecutions are meanwhile “often used to gag journalists critical of the authorities” with sections for sedition also used.
    • Speaking about the larger Asia-Pacific region, the report mentioned that “instead of drafting new repressive laws in order to impose censorship, several of the region’s countries have contented themselves with strictly applying existing legislation that was already very draconian – laws on ‘sedition,’ ‘state secrets’ and ‘national security’.”
    • The report has also highlighted throttling of freedom of expression on social media, and specifically mentioned that in India the “arbitrary nature of Twitter’s algorithms also resulted in brutal censorship”

    Measures adopted by India to improve ranking

    • The Indian government has been concerned about its low rankings in such international indices, and had last year started studying them to understand how to improve.
    • Soon after the index was released last year, Union Minister for Information and Broadcast  had tweeted on May 2: “Media in India enjoy absolute freedom.”