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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • [pib] E-Gram Swaraj Portal

    A unified tool e-Gram SWARAJ portal has been developed by the Ministry of Panchayati Raj for effective monitoring and evaluation of works taken up in the Gram Panchayats.

    e-Gram SWARAJ

    • It unifies the planning, accounting and monitoring functions of Gram Panchayats.
    • Its combination with the Area Profiler application, Local Government Directory (LGD) and the Public Financial Management System (PFMS) renders easier reporting and tracking of Gram Panchayat’s activities.
    • It provides a single-window for capturing Panchayat information with the complete Profile of the Panchayat, details of Panchayat finances, asset details, activities taken up through Gram Panchayat Development Plan (GPDP) etc.

  • [pib] Swamih Investment Fund

    In order to give relief to homebuyers of stalled projects, a Special Window for Completion of Affordable and Mid-Income Housing (SWAMIH investment fund) has been created for funding stalled projects.

    Try this MCQ:

    Q.The SWAMIH Fund recently seen in news is related to:

    (a) Higher Education (b) MSMEs (c) Housing (d) Highways

    SWAMIH Investment Fund

    • SWAMIH investment fund is an alternative investment fund which aims to provide last-mile funding to the stressed affordable and middle-income housing projects in the country.
    • It is expected to fund the projects which are net-worth positive, including those projects that have been declared as NPAs or are pending proceedings before the National Company Law Tribunal under the IBC.

    Why need such funds?

    • Several real estate projects have suffered due to a combined effect of two changes in the real estate sector.
    • On one hand, incremental launches and slow sales have increased unsold inventory in each project.
    • While the effect has then got compounded by the fact that consumer preference is now towards completed projects rather than under-construction projects.
    • This preference has developed as consumers are largely avoiding taking project completion risk and instead are more inclined to completed projects.

  • Undoing the right to housing

    The article analyses the implications of recent Supreme Court order regarding the removal of encroachment along the railway line. 

    Context

    •  In short order, the Supreme Court of India on August 31 ordered the removal of about 48,000 slum dwellings situated along the railway tracks in Delhi.
    • The order raises several legal questions, which are discussed below.

    1) Violation of the principle of natural justice

    • The order violates principles of natural justice and due process because it was delivered without hearing the affected party, the jhuggi dwellers.
    • The order was passed in the long-running case on the piling up of garbage along railway tracks.
    • However, neither this case nor the report concerns itself with the legality of informal settlements.
    • Still, the Court made an unconvincing connection between the piling of garbage and the presence of slums.

    2) Ignoring the right to livelihood

    • In this order, the Court ignored its long-standing jurisprudence on the right to livelihood.
    • In the landmark decision concerning pavement-dwellers, a five-judge Bench of the Supreme Court in Olga Tellis & Ors vs. Bombay Municipal Corporation & Ors. (1985) held that the right to life also includes the “right to livelihood”.
    • Further, in Chameli Singh vs. the State Of U.P. (1995), the Supreme Court recognised the “right to shelter” as a component of the right to life under Article 21 and freedom of movement under Article 19(1)(e).

    3) Failure to consider policies and case laws

    •  High Court of Delhi has held that prior to any eviction, a survey must be conducted.
    • The procedure laid down in this judgment formed the basis for the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015.
    • In Ajay Maken & Ors. vs Union Of India & Ors. (2019), the Delhi High Court invoked the idea of the “Right to the City” to uphold the housing rights of slum dwellers.
    • This case led to the framing of a Draft Protocol for the 2015 Policy on how meaningful engagement with residents should be conducted.

    Conclusion

    The Courts need to strike the balance between the rights of the slum dweller and those affected by the encroachment.

  • ‘Streets for People’ Challenge

    The Union Housing and Urban Affairs has launched the initiative ‘Streets for People’ for making cities more pedestrian-friendly.

    Streets for People

    • The Challenge builds on the advisory issued by MoHUA for the holistic planning for pedestrian-friendly market spaces, earlier this year.
    • It will support cities across the country to develop a unified vision of streets for people in consultation with stakeholders and citizens.
    • Adopting a participatory approach, cities will be guided to launch their own design competitions to gather innovative ideas from professionals for quick, innovative, and low-cost tactical solutions.
    • ​It aims to inspire cities to create walking-friendly and vibrant streets through quick, innovative, and low-cost measures.
    • All cities participating in the challenge shall be encouraged to use the ‘test-learn-scale’ approach to initiate both, flagship and neighbourhood walking interventions.
    • The interventions can include inter alia creating pedestrian-friendly streets in high footfall areas, re-imagining under-flyover spaces, re-vitalizing dead neighbourhood spaces, and creating walking links through parks and institutional areas.

    Various stakeholders

    • Fit India Mission, under Ministry of Youth Affairs and Sports, along with the India program of the Institute for Transport Development and Policy (ITDP) has partnered with the Smart Cities Mission to support the challenge.

  • [pib] Start-Up Village Entrepreneurship Programme (SVEP)

    The SVEP is propelling enterprises in rural areas and building rural entrepreneurs during this pandemic.

    Try this PYQ 2015:

    How does the National Rural Livelihood Mission seek to improve livelihood options of rural poor?

    1. By setting up a large number of new manufacturing industries and agribusiness centres in rural areas.
    2. By strengthening ‘self-help groups’ and providing skills development
    3. By supplying seeds, fertilizers, diesel pump-set sand micro-irrigation equipment free of cost of farmers.

    Select the correct answer using the codes given below:

    (a) 1 and 2 only

    (b) 2 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    About SVEP

    • The SVEP is implemented by Deendayal Antyodaya Yojana –National Rural Livelihoods Mission (DAY-NRLM), Ministry of Rural Development, as a sub-scheme since 2016.
    • Its aims are to support the rural poor come out of poverty, supporting them set up enterprises and provide support till the enterprises stabilize.
    • SVEP focuses on providing self-employment opportunities with financial assistance and training in business management and soft skills while creating local community cadres for promotion of enterprises.
    • It addresses three major pillars of rural start-ups namely – finances, incubation and skill ecosystems.

    Key elements of SVEP

    • Create a Block Resource Centre – Enterprise Promotion (BRC-EP); The BRC should act as a nodal centre to implement SVEP. Block Level Federation (BLF) to come up under NRLM could be one of the institutional platforms for BRC.
    • Cluster Level Federation (CLF) /VOs shall hold the entity till BLF comes into existence. BRC should follow a self-sustaining revenue model.
    • BRC to be assisted by CRP-EP and the Bank Coordination System (Bank Mitra). BRC to provide resource and reference material including videos, manuals etc.
    • Help enterprises get bank finance using tablet-based software for making the business feasibility plan, doing credit appraisal and tracking business performance.
    • Use the Community Investment Fund (CIF) to provide seed capital for starting the business until it reaches a size where bank finance is needed.

  • Resurrecting the right to know

    This article analyses the importance of peoples’ right to know and instrumental role judiciary played in harmonising it with the Official Secrets Act 1923.

    Context

    • A High Level Committee (HLC) chaired by a retired judge of the Gauhati High Court was constituted by the Home Ministry through a gazette notification.
    • Its mandate was, among others, to recommend measures to implement Clause 6 of the Assam Accord and define “Assamese People”.
    • The HLC finalised its report by mid-February 2020 and submitted it to the Assam Chief Minister and through him to the Central government.
    • With the Central government apparently “sitting idle” over the report, the All Assam Students’ Union (AASU), which was represented in the HLC, released the report.

    The right to know

    • The right to know was recognised nearly 50 years ago and is the foundational basis or the direct emanation for the right to information.
    • In State of U.P. v. Raj Narain (1975), the Supreme Court carved out a class of documents that demand protection even though their contents may not be damaging to the national interest.
    • Court held that “the people of this country are entitled to know the particulars of every public transaction in all its bearing”.
    • This view was endorsed in S.P. Gupta v. President of India (1981) and a few other decisions.
    • In Yashwant Sinha v. Central Bureau of Investigation (2019), the Supreme Court referred to the decision of the U.S. Supreme Court in New York Times v. United States (1971) wherein court declined to recognise the right of the government to restrain publication of the Pentagon Papers.
    • Our Supreme Court held that a review petition based on three documents published by The Hindu was maintainable since the provisions of the Official Secrets Act, 1923 had not been violated.
    • The SC held that there is no provision by which Parliament had vested power in the government either to restrain the publication of documents marked as secret or from placing such documents before a court.
    • Section 8(2) of the Right to Information Act, 2005 provides that a citizen can get a certified copy of a document even if the matter pertains to security or relationship with a foreign nation if a case is made out.
    • Therefore, it is clear that the right to know can be curtailed only in limited circumstances and if there is an overriding public interest.

    Consider the question “Analyse the importance of citizens’ right to know and how the judiciary harmonised the peoples right to know with the Official Secrets Act 1923? “

    Conclusion

    We must keep in mind observation made by the Supreme Court in S.P. Gupta: “If secrecy were to be observed in the functioning of government and the processes of government were to be kept hidden from public scrutiny, it would tend to promote and encourage oppression, corruption and misuse or abuse of authority, for it would all be shrouded in the veil of secrecy without any public accountability.”

    B2BASICS

    Official secrets act

    • OSA has its roots in the British colonial era and was originally known as The Indian Official Secrets Act (Act XIV), 1889.
    • The act was primarily mandated to gag the voice of a large number of newspapers that came up in several languages, and were opposing the Raj’s policies, building political consciousness and facing police crackdowns and prison terms.
    • The act was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India.
    • In 1923, a newer version was notified. The Indian Official Secrets Act (Act No XIX of 1923) was extended to all matters of secrecy and confidentiality in governance in the country.
    • It was further amended after India got independence in 1951 and 1967. The act in its present form deals with two aspects — spying or espionage and disclosure of other secret information of the government.
    • Secret information can be any official code, password, sketch, plan, model, article, note, document or information. Under the act both the person communicating the information, and the person receiving the information, can be punished.

  • [pib] Sahakar Cooptube NCDC Channel

    Union Minister of Agriculture & Farmers’ Welfare has launched the Sahakar Cooptube NCDC Channel, a new initiative by National Cooperative Development Corporation (NCDC).

    Note: Article 19 states that the Right to form co-operative societies is a Fundamental Right and DPSP Article 43-B provides for the promotion of co-operative societies.

    Sahakar Cooptube

    • The Sahakar Cooptube Channel aims to facilitate the involvement of the youth in the cooperative movement.
    • Cooperatives lend strength to farmers to minimize risks in agriculture and allied sectors and act as a shield against exploitation.
    • The channel will give a boost to Atmanirbhar Bharat Abhiyan under which the government has announced a series of transformative measures and sector-specific financial packages to help agriculture.
    • The initiatives are steps towards One Nation One Market with the objective for India to become a food factory of the world.

    Back2Basics: NCDC

    • The NCDC is a statutory Corporation set up under an Act of Parliament on 13 March 1963.
    • The objectives of NCDC are:

    planning and promoting programmes for production, processing, marketing, storage, export and import of agricultural produce, foodstuffs, industrial goods, livestock and certain other notified commodities and services on cooperative principles and for matters concerned therewith or incidental thereto

    • NCDC Act has been further amended which will broad-base the area of operation of the Corporation to assist different types of cooperatives and to expand its financial base.
    • NCDC will now be able to finance projects in the rural industrial cooperative sectors and for certain notified services in rural areas like water conservation, irrigation and micro-irrigation, agri-insurance, agro-credit, rural sanitation, animal health, etc.

  • Issues metropolitan cities face

    Metropolitan cities of India suffers from various issues. This article analyses such issues and suggests some steps to deal with them.

    Inadequate public health infrastructure

    • India’s public health expenditure in 2018 was a mere 1.28% of GDP.
    • According to the World Bank, India’s out-of-pocket health expenditure was 62.4% in 2017, against the world average of 18.2%.
    • Manpower in the health sector is low with India’s doctor-population ratio being 1:1,457  against WHO norm of 1:1,000.

    Governance issues

    • Factors underlying city governance include spatial planning, municipal capacities, empowered mayors and councils and inter-agency coordination, and ward-level citizen participation.
    • Twenty-seven after the 74th Constitutional Amendment Act, these reform agendas continue to be slow in implementation.
    • India’s metropolitan cities have weak capacities in finance and staffing.
    • Bengaluru’s average percentage of own revenue to total expenditure is 47.9%, Chennai 30.5%, Mumbai 36.1% and Kolkata at 48.4%.
    • According to ASICS 2017, Mumbai has the highest number of officers per lakh population at 938 in the country.
    • Yet it is abysmally low compared to global cities such as Johannesburg with 2,922 and New York with 5,446 officers per lakh population

    Limited powers of mayors

    • The leaders steering India’s metropolitan cities are toothless.
    • No big metropolitan cities with 10 million-plus population has a directly-elected Mayor.
    • Mumbai’s Mayor has a tenure of 2.5 years, Delhi and Bengaluru, a mere one year.
    • Mayors do not have full decision-making authority over critical functions of planning, housing, water, environment, fire and emergency services in most cases.
    • Our metropolitan cities are far from being local self-governments.
    • Parastatal agencies for planning, water and public transport report directly to State governments.
    • The State government also largely controls public works and police.
    • Globally, metropolitan cities are steered by a directly-elected leader.
    • Evolved examples include the Tokyo metropolitan government and recent experimental models such as combined authorities in the United Kingdom and Australia.

    Suggestions

    • India needs home-grown solutions suited to its context and political realities while imbibing lessons on institutional design from global examples.
    • It is time the Central and State governments lead efforts towards a metropolitan governance paradigm.
    • The first steps should include empowered Mayors with five-year tenure, decentralised ward level governance, and inter-agency coordination anchored by the city government.

    Lack of transparency, accountability and citizen participation

    • Transparent cities with institutional platforms encouraging citizen participation improve urban democracy.
    • No metropolitan has functional ward committees and area sabhas.
    • An absence of citizen participation is worsened by poor transparency in finance and operations.
    • As per ASICS 2017, India’s big metropolitan cities on average score 3.04/10 in transparency, accountability and participation.

    Significance of smaller cities

    • A World Bank report notes that despite the emergence of smaller towns, the underlying character of India’s urbanisation is “metropolitan”.
    • Under this metropolitan character, new towns emerge around existing large cities.
    • According to a McKinsey report, in 2012, 54 metropolitan cities and their hinterlands accounted for 40% of India’s GDP.
    • The report also estimates that by 2025, 69 metropolitan cities, combined with their hinterlands, will generate over half of India’s incremental GDP between 2012 and 2025.
    • Despite this, India is yet to begin an active discourse on cohesive metropolitan governance frameworks.
    •  Studies by the Centre for Policy Research point that India’s spatial feature exhibits the growth of small towns beyond the economics of large agglomerations.
    • This indicates that while India’s urban vision should focus on its metropolitan cities to reap the benefit of scale, it shouldn’t ignore smaller cities.

    Consider the question “Examine the issues in the governance of metropolitan cities. To what extent the limited power of mayors contributes to the issues of the metropolitan cities in India?”

    Conclusion

    India should use the current pandemic as an opportunity to introspect and reform the way its metropolises are governed.

    Back2Basics: ASICS 2017

    • The Annual Survey of India’s City-Systems (ASICS) 2017 evaluates quality of governance in cities, covering 23 major cities in India across 20 states based on 89 questions.
    • Indian cities scored between 3.0 and 5.1 on 10, with Pune topping the charts for the first time.
    • Other cities that came in the top five include Kolkata, Thiruvananthapuram, Bhubaneswar and Surat, with scores in the range of 4.6 to 4.5.

  • Essential Commodities (Amendment) Ordinance: A strong EC Act is still needed

    As the Union government announced massive reforms as a response to the coronavirus pandemic.  All attention went to three agriculture sector ordinances related to farmers’ trade, contract farming and amendments in the Essential Commodities Act.

    Try this question for mains:

    Q.Discuss how Essential Commodities Act works to maintain fair prices of commodities for consumers.

    Recent amendment to the EC Act

    • Recently, the Centre notified an Amendment Ordinance to the EC Act.
    • A new sub-section 1A in Section 3 of the act stipulated control orders — with respect to the supply of certain foodstuffs was added.
    • It would be issued only under extraordinary circumstances that may include war, famine, extraordinary price rise and natural calamity of grave nature.

    An order for regulating stock limit of any agricultural produce may be issued only if there is:

    • A full increase in the retail price of horticultural produce, or
    • A 50 per cent increase in the retail price of non-perishable agricultural food items over the price prevailing immediately preceding a year or the average retail price in the past five years, whichever is lower

    The Essential Commodities Act

    • The EC Act, 1955 was enacted at a time when the country faced an acute shortage of several commodities, especially food items.
    • Under the act, an ‘essential commodity’ is a commodity specified under the schedule of the Act.
    • The Union government is empowered to amend the schedule to add or remove a commodity to said schedule in the public interest and in consultation with state governments.
    • The schedule was amended recently in March 2020, when the Centre declared face masks and hand sanitisers as essential commodities and fixed their prices.

    Issues over the amendment ordinance:

    1. Ordinance route and federalism

    • Though agriculture is a state subject, the concurrent list empowers the Centre to legislate on production and trade and supply of foodstuffs.
    • By taking the ordinance route, a clear attempt was made to bypass the parliamentary process.
    • When a proposed amendment is introduced in Parliament, it is open to debate, scrutiny, comments and valuable inputs from stakeholders before being passed.

    2. Surpassing concerns

    • Critical legislation like this should certainly have been put before Parliament.
    • The Sarkaria Commission report on Centre-state relations pointed out that the Centre disproportionately empower itself in the sphere of agriculture.
    • The power of the Centre in agriculture management has certainly increased through this ordinance.
    • States like Tamil Nadu and West Bengal have repeatedly called for transfer such entities from the Concurrent to the State list.

    3. Constitutional validity and Ninth Schedule

    • The constitutional validity of price fixation under the act was in question before the Supreme Court in the Prag Ice and Oil Mills case, 1978.
    • It was observed that the dominant purpose of price fixation was to ensure availability of essential commodities to consumers at a fair price.
    • It was also held that availability of an essential commodity to the common man, at a fair price, must rank higher than any other consideration.
    • The Essential Commodities Act is enlisted under the Ninth Schedule of the Constitution. This does not, however, mean it is outside the scope of judicial review.

    4. EC Act is no exception

    • The Ninth Schedule came under scrutiny after the landmark IR Coelho, 2007 judgement.
    • The Supreme Court said the laws inserted in it after April 24, 1973 — the day the Kesavananda Bharti verdict was pronounced — are also open to judicial review if they are violative of the basic structure of the Constitution.
    • Farmers may approach the Supreme Court if they feel laws such as the Essential Commodities Act violate their fundamental rights under Articles 14, 19, 21 or 32.

    5. Questions over the amendment

    • The ordinance does not expressly define ‘extraordinary circumstances’, which ‘may’ include war, famine, extraordinary price rise and natural calamities of a grave nature.
    • Even in extraordinary circumstances, the government only ‘may’ choose to exercise regulation.
    • Such legislative ambiguity makes one question the entire exercise of introducing this particular provision.

    6. Farmers stake are still at risk

    • Drastic changes such as the removal of stock limits and exemption to exporters, traders and value chain participants may not help farmers directly.
    • Big corporates and MNC may prefer to stock up their quota at the time of harvest when prices are low and, thus, would not need to buy from farmers when prices rise.
    • If farmers decide to retain produce for later, prices may not go up or the private sector may not enter the market to purchase.

    Conclusion

    • India no longer faces food shortage problems, according to the Economic Survey, 2020.
    • What is seemingly ignored, however, is the population of India increased to 1.3 billion in 2020 from 360 million in 1951.
    • There are more mouths to feed and the responsibility of ensuring food security to the masses cannot be shunned.
    • Sights of migrants scraping for morsels of food during the COVID-19 crisis continue to haunt.
    • Our policies, thus, must ensure sustainable farm growth taking into consideration factors like climate change, land holdings, consumer capacity and farmers’ interests.

    Original article:

    https://www.downtoearth.org.in/blog/governance/essential-commodities-amendment-ordinance-a-strong-ec-act-is-still-needed-72540

  • SDGs amid Covid

    Context

    • As lockdown eases, return to business as usual is unimaginable in Asia and Pacific which was already off track to meet the Sustainable Development Goals (SDGs). 
    • Efforts to respond to the pandemic have revealed how many people in our societies live precariously close to poverty and hunger.

    Progress towards SDGs in pandemic

    •  The SDGs  can serve as a beacon in these turbulent times.
    •  SDGs are a commitment to eradicate poverty and achieve sustainable development, globally, by 2030.
    • The pandemic has exposed fragility and systemic gaps in many key systems.
    • Countries have used workable strategies during pandemic to accelerate progress related to development goals and strengthen resilience.
    • Countries have taken steps to extend universal health care systems and strengthen social protection systems.
    • Accurate and regular data have been key to such efforts.
    • Innovating to help the most disadvantaged access financing and small and medium-sized enterprise credits have also been vital.
    • Several countries have taken comprehensive approaches to various forms of discrimination, particularly related to gender and gender-based violence.
    • Partnerships with the private sector and financing institutions, have played a critical role in fostering creative solutions.

    Focus on green recovery in Asia-Pacific countries

    • Countries in Asia and the Pacific are developing ambitious new strategies for green recovery and inclusive approaches to development.
    • South Korea recently announced a New Deal based on two central pillars: digitisation and decarbonisation.
    • Many countries in the Pacific are focusing on “blue recovery,” which promote more sustainable approaches to fisheries management.
    • India recently announced operating the largest solar power plant in the region.
    • China is creating more jobs in the renewable energy sector than in fossil fuel industries.

    Suggestions for policymaking

    • We need a revolution in policy mindset and practice- following are part of the transformations needed.
    • 1) Inclusive and accountable governance systems.
    • 2) Adaptive institutions with resilience to future shocks.
    • 3) Universal social protection and health insurance.
    • 4) Stronger digital infrastructure.

    Consider the question “Pandemic has highlighted the fragility of our systems. But it also emphasised the need to strive to achieve the SDGs. Comment.”

    Conclusion

    With the onslaught of pandemic disrupting us, we should base our recovery and progress trajectory firmly towards achieving SDGs.

     

    Back2Basics: SDGs

    Sustainable Development Goals and India

    • The Sustainable Development Goals (SDGs), otherwise known as the Global Goals, are a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity.
    • The 17 Goals build on the successes of the Millennium Development Goals, while including new areas such as climate change, economic inequality, innovation, sustainable consumption, peace and justice, among other priorities.
    • The goals are interconnected – often the key to success on one will involve tackling issues more commonly associated with another.
    • The SDGs work in the spirit of partnership and pragmatism to make the right choices now to improve life, in a sustainable way, for future generations.
    • They provide clear guidelines and targets for all countries to adopt in accordance with their own priorities and the environmental challenges of the world at large.

    The SDGs are an inclusive agenda. They tackle the root causes of poverty and unite us together to make a positive change for both people and planet. “Poverty eradication is at the heart of the 2030 Agenda, and so is the commitment to leave no-one behind,” UNDP Administrator Achim Steiner said. “The Agenda offers a unique opportunity to put the whole world on a more prosperous and sustainable development path. In many ways, it reflects what UNDP was created for.”

    The Goals