Last week, the Supreme Court agreed to hear a case that could define the scope of the “Right to be Forgotten” referred to in European privacy law as the “Right to Erasure” in India.
What is the ‘Right to be Forgotten’?
The right to be forgotten allows individuals to remove or de-index their personal information from the internet if it infringes on their right to privacy. It is based on the principle that personal data should be removed when it is outdated, irrelevant, or no longer necessary.
Affirmed by the Court of Justice of the European Union (CJEU) in the “Google Spain case” (2014), which ruled that search engines must remove data if it is inadequate, irrelevant, or excessive in light of the time elapsed.
Under the EU’s General Data Protection Regulation (GDPR),Article 17 describes the right to erasure, reflecting the concept of informational self-determination.
How is this ‘Right’ interpreted in India?
Absence of Statutory Framework: India lacks specific legislation explicitly addressing the right to be forgotten.
Judicial Interpretation: The 2017 Supreme Court ruling in Justice K.S. Puttaswamy v. Union of Indiarecognized the right to privacy as a fundamental right. Justice S.K. Kaul’s concurring opinion suggested that the right to be forgotten involves removing personal data that is no longer necessary or relevant.
Judicial Guidelines: Justice Kaul outlined valid justifications for overriding this right, including freedom of expression, legal compliance, public interest, and research purposes.
How have Courts ruled on the Issue?
Rajagopal vs. State of Tamil Nadu (1994): The Supreme Court recognized a “right to be let alone” but differentiated it from public records, including court decisions. Once something becomes public, privacy rights are diminished.
Dharamraj Bhanushankar Dave vs. State of Gujarat (2017): Gujarat HC refused to remove details of an acquittal, asserting that court orders should remain public.
The Registrar General (2017): Karnataka HC protected the name of a petitioner in a sensitive annulment case, aligning with trends in Western jurisdictions.
Delhi HC (2021): Extended the right to be forgotten to criminal cases, allowing details of an acquittal to be removed from search results to protect the petitioner’s career prospects.
Orissa HC (2020): Noted the need for a broader debate on the right to be forgotten, particularly concerning “revenge porn” and online content.
Way forward:
Legislative Framework Development: India should consider drafting comprehensive legislation that explicitly addresses the right to be forgotten, aligning with international standards while balancing privacy, freedom of expression, and public interest.
Judicial and Policy Clarity: The Supreme Court’s upcoming ruling should aim to establish a clear legal precedent on the right to be forgotten, ensuring consistency across lower courts and aligning with global practices.
Mains PYQ:
Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on the Right to Privacy. (2017)
President Droupadi Murmu has appointed six new Governors and reshuffled three others.
New appointments:
Name
New Position
Om Mathur
Governor of Sikkim
K. Kailashnathan
Lieutenant Governor of Puducherry
Santosh Kumar Gangwar
Governor of Jharkhand
Jishnu Dev Varma
Governor of Telangana
Ramen Deka
Governor of Chhattisgarh
C.H. Vijayashankar
Governor of Meghalaya
Haribhau Kisanrao Bagde
Governor of Rajasthan
About the Office of Governor and his/her Appointment
Details
Role
Constitutional head of a state, similar to the President at the central level.
Exists in states, while lieutenant governors and administrators are in union territories.
Independent constitutional office, not subordinate to Central government.
Articles
Articles 153 to 167 in Part VI of the Constitution deal with the state executive
Part of State Executive
Consists of the Governor, Chief Minister, Council of Ministers, and Advocate General
Borrowed Office
From the Government of India Act of 1935.
Canadian model adopted: Governor appointed by President by warrant under his hand and seal.
Dual Role
Chief executive Head of the States (nominal).
Agent of the central government.
Qualifications
Constitutional: Citizen of India, 35+ years old.
Conventional: Outsider to the state, President consults the Chief Minister.
Oath
Administered by the Chief Justice of the state High Court (or senior-most judge available)
Swears to execute office faithfully, preserve the Constitution, and serve the people
Term of Office
No fixed term, holds office for 5 years subject to President’s pleasure
Eligible for reappointment.
Can be transferred or hold office beyond term until successor assumes charge
Removal
Can resign by addressing the President
Can be removed by the President at any time without specified grounds
Chief Justice of state high court may temporarily discharge functions in contingencies
Additional Functions
Acts on advice of Chief Minister and Council of Ministers
Holds executive power, legislative power (to some extent), and discretionary power
Functions as Chancellor of state universities, where applicable
Reforms stipulated by Sarkaria Commission (1988)
Governor should be appointed by the President after consulting the Chief Minister.
Should be a person of eminence, not belonging to the state.
Should not be removed before term completion except in rare circumstances.
Act as a bridge between the center and state.
Exercise discretionary powers judiciously.
PYQ:
[2013] Which one of the following statements is correct?
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
India hosted the 2nd BIMSTEC Foreign Ministers’ Retreat in New Delhi, creating an informal forum to enhance regional cooperation in security, connectivity, trade, and investment in the Bay of Bengal
About BIMSTEC:
BIMSTEC, or the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation, is a regional organization established in June 1997.
seven countries: India, Bangladesh, Bhutan, Myanmar, Nepal, Sri Lanka, and Thailand.
It aims to foster multifaceted cooperation across various sectors, including security, connectivity, trade, and investment, particularly in the Bay of Bengal region.
Importance of Strengthening Eastern Ties
Regional Stability and Security: The growing presence of China in the Bay of Bengal is perceived as a potential threat to regional stability. By strengthening ties with countries like Bangladesh and Myanmar, India aims to reinforce its position as a preferred security partner in the region.
Economic Development: Enhanced relations with eastern neighbors facilitate India’s access to essential maritime routes, particularly for its landlocked northeastern states.
Indo-Pacific Strategy: Improved relations with Myanmar and Thailand are integral to India’s broader Indo-Pacific strategy. These countries are key members of ASEAN, which India considers central to its vision for the region.
Strengthening ties can enhance India’s influence and presence in the Indo-Pacific, aligning with its “Act East Policy” and “Neighbourhood First” approach.
Major Components of the Retreat
The 2nd BIMSTEC Foreign Ministers’ Retreat was structured into two main segments:
Assessment of Regional Cooperation: The first part focused on evaluating the current state of cooperation within BIMSTEC, building on outcomes from the previous retreat.
Member states discussed various initiatives, including the establishment of Centers of Excellence in areas like Agriculture and Maritime Transport, and emphasized the importance of private sector involvement in trade and entrepreneurship.
Expectations for the Upcoming Summit: The second segment involved discussions on each country’s expectations for the upcoming summit.
Key proposals included mapping mineral resources, promoting the Blue Economy,enhancing tourism and cultural exchanges.
Bilateral merits
India-Myanmar Concerns: Mr. Jaishankar addressed issues with Myanmar regarding the flow of displaced persons, narcotics, and arms across the border, and urged the return of unlawfully detained Indian nationals.
India-Bangladesh Cooperation: In his meeting with the Bangladesh Foreign Minister, Mr. Jaishankar was requested to ensure the smooth supply of daily essentials and send a technical team for the Teesta project, signifying efforts towards resolving long-pending concerns.
Way forward:
Enhance Security Collaboration: Need to prioritize discussions on security cooperation among BIMSTEC members, particularly in countering transnational crimes such as narcotics and arms trafficking.
Develop Connectivity Projects: Indian government should expedite the implementation of connectivity projects, such as the India-Myanmar-Thailand trilateral highway, to facilitate trade and movement. This will not only enhance economic ties but also improve regional stability.
Mains PYQ:
Q Do you think that BIMSTEC is a parallel organisation like the SAARC? Waht are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organisation? (2022)
When Donald Trump suggested during the 2016 presidential campaign that he might not honor the U.S. commitment to defend NATO allies if attacked, it alarmed the trans-Atlantic alliance.
NATO country member’s flags flutter at the bloc’s headquarters in Brussels
NATO’s Structure and Membership: NATO, established in 1949, comprises 31 member countries, including the United States, Canada, and various European nations. The alliance was formed to ensure collective defence against potential threats, particularly from the Soviet Union during the Cold War.
The flags of these member countries flutter at NATO’s headquarters in Brussels, symbolising unity and cooperation.
Evolving Role of European Nations: In light of recent geopolitical challenges, particularly Russia’s invasion of Ukraine, European leaders recognize the need to take on greater responsibility for their own defense.
This shift is partly a response to the U.S. focus on other global threats, such as China, and the changing dynamics within NATO
Security issues with European Countries and US support:
European Acknowledgement: European leaders recognize the need to evolve NATO to meet 21st-century challenges and are prepared to take on more responsibility for their defense.
US Military Support: Mr Trump’s presidency highlighted that US military support is not guaranteed, prompting Europe to reconsider its security strategies.
Threats from Russia and China: Russia’s invasion of Ukraine and the US’s focus on China’s expansion in the Asia-Pacific, as well as Iran and North Korea, underscore the need for Europe to enhance its own security measures.
NATO’s Evolution: European nations must increase their defense spending and capabilities, including troop numbers, equipment upgrades, and countering technological threats.
A wake-up call for all:
Trump’s “America First” Rhetoric: Trump’s suggestion that the US might not honour its NATO commitments triggered the alarm and a reevaluation of NATO’s future.
Increased European Defense Spending: European NATO members have significantly increased their defense spending commitments, with 23 out of 31 non-US members meeting or exceeding the 2% GDP target, up from just three members ten years ago.
EU Defense Industry Boost: The EU is planning to enhance its defense industry, with calls for more independence in airspace defence and relocating production to Europe, especially in response to the threat posed by Russia’s actions in Ukraine.
Conclusion: European NATO members should continue to enhance their defense spending, focusing on upgrading military equipment, increasing troop numbers, and improving technological capabilities to counter both conventional and emerging threats such as cyber warfare and foreign interference.
Mains PYQ:
Q The new tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (UPSC IAS/2021)
The Union government has said that 219 proposals for the appointment of High Court judges by the Collegium are in various stages of processing.
What is Collegium System?
The collegium system is the method used for the appointment and transfer of judges in the Supreme Court and High Courts of India.
It is the Indian Supreme Court’s invention.
The term ‘Collegium’ does not find mention in the Constitution.
Constitutional Provisions:
Article 124: The President appoints the Chief Justice and other judges of the Supreme Court after consultations with judges of the Supreme Court and High Courts as deemed necessary.
Article 217: The President appoints High Court judges after consultations with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court concerned
Composition:
Supreme Court Collegium:
A five-member body.
Headed by the Chief Justice of India (CJI).
Includes the four other senior most judges of the Supreme Court at that time.
High Court Collegium:
Led by the Chief Justice of the respective High Court.
Includes the two senior most judges of that High Court.
Recommendations for appointments by a High Court collegium are sent to the government only after approval by the CJI and the Supreme Court collegium.
Evolution: Three Judges Cases
First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
The Supreme Court, in a majority decision, held that the opinion of the Chief Justice of India is not binding on the executive in the matter of appointments and transfers of judges. The court ruled that the executive has primacy in judicial appointments.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
The Supreme Court, by a majority of 7:2, overruled the First Judges Case and held that the CJI’s opinion regarding judicial appointments and transfers should be given primacy.
The court established that the CJI should consult with the two senior-most judges of the Supreme Court before making recommendations for appointments and transfers, thereby creating a collegium system.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
The procedure followed by the Collegium:
Appointment of CJI
The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges:
For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts:
The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Qualifications for Appointment as a Supreme Court Judge:
According to Article 124(3) of the Constitution, a person can be appointed as a judge of the Supreme Court if he or she:
Is a citizen of India.
Has served as a judge of a High Court for at least five years or in two such courts in succession.
Alternatively, has been an advocate of a High Court for at least ten years or in two or more such courts in succession.
Is a distinguished jurist in the opinion of the President.
Qualifications for Appointment as a High Court Judge:
The person must have held a judicial office for at least 10 years in India, or
Must have been a practising advocate in a High Court for at least 10 years.
The person must be enrolled under the Bar Council of India.
PYQ:
[2012] What is the provision to safeguard the autonomy of the Supreme Court of India?
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
The Supreme Court Judges can be removed by the Chief Justice of India only.
The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
The Paris Olympics has began and will run from July 26 to August 11, 2024.
Some lesser known facts about Olympics:
The Olympic Games originated in ancient Greece in 776 BC in Olympia.
Held every 4 years, they featured athletic competitions among representatives of various city-states.
The modern Olympics were revived byBaron Pierre de Coubertin of France.
The first modern Olympic Games were held in Athens, Greece, in 1896.
The Olympic Rings represent the union of the 5 inhabited continents (Africa, Americas, Asia, Europe, and Oceania).
The Winter Olympics were introduced in 1924 in Chamonix, France and it features sports practiced on snow and ice, like skiing, ice skating, and ice hockey.
The Olympic Torch Relay was introduced in the 1936Berlin Games.
The number of participating countries has grown from 14 in the 1896 Games to over 200 in recent editions.
Women were first allowed to compete in the 1900 Paris Olympics.
The Paralympics, for athletes with disabilities, were first held in Rome in 1960.
About Paris Olympics
The Paris Olympics, officially known as the Games of the XXXIII Olympiad, will be held in Paris, France.
This event, commonly referred to as the 2024 Summer Olympics, is an international multi-sport competition featuring athletes from around the world.
PYQ Relevance: Mains: Q1 Critically examine the aims and objectives of SCO. What importance does it hold for India? (UPSC IAS/2021) Q2 How is the S-400 air defence system technically superior to any other system presently available in the world? (UPSC IAS/2021)
Prelims: Q Recently, India signed a deal known as ‘Action Plan for Prioritization and Implementation of cooperation Areas in the Nuclear Field’ with which of the following countries? (2019) (a) Japan (b) Russia (c) The United Kingdom (d) The United States of America
Note4Students:
Prelims: Bordering countries with Russia and China;
Mains: Geopolitics dynamics as per India;
Mentor comments: India-Russia relations have evolved significantly, particularly following Russia’s invasion of Ukraine. Bilateral trade surged to approximately $65 billion in 2022, driven by discounted oil imports, which accounted for a substantial portion of trade. Despite Western sanctions, India continues to maintain strong ties with Russia, focusing on energy supplies and defense cooperation. The two nations are exploring new payment mechanisms and investment opportunities to strengthen economic ties. However, India’s diversification in defense procurement poses challenges to this traditional partnership, highlighting the need for a strategic shift in their relationship.
Let’s learn!
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Why in the News?
Two weeks after Prime Minister Narendra Modi’s visit to Russia, marking his first bilateral trip in the government’s third tenure.
Assessment of the conflict in Ukraine
Evolution of the Conflict: The conflict began with Russia’s invasion of Ukraine on February 24, 2022, and has entered its third year with no clear resolution in sight. Initially expected to be a swift operation, the war has evolved into a prolonged military stalemate.
Casualties and Displacement: The war has resulted in significant human costs, with over 10,000 civilians killed and nearly 20,000 wounded according to the United Nations.
More than 14 million people have been displaced, with 6 million now living as refugees in various countries.
Territorial Control: As of now, Russia controls approximately 17% of Ukrainian territory, a decrease from the 20% occupied early in the conflict. This indicates some resilience on Ukraine’s part despite ongoing military challenges.
Economic Impact: The conflict has imposed heavy economic burdens on both countries. Estimates suggest that Ukraine has suffered losses exceeding $500 billion, while Russia has incurred substantial financial sanctions, losing over $300 billion due to international responses.
Military Stalemate: The military situation has stabilized, with Russia managing to hold its positions in eastern Ukraine. However, Ukraine continues to face shortages of arms and personnel, complicating its counteroffensive efforts.
International Dynamics: The conflict has highlighted divisions within the West regarding support for Ukraine For example, the United States, the United Kingdom, and Poland have provided significant military aid, while others, such as Germany and France, have been more cautious,
Global South Perspective: Many countries in the Global South disapprove of Russia’s actions but also resist unilateral sanctions imposed by Western nations. This reflects a broader geopolitical divide where nations seek to navigate their interests without fully aligning with either side.
Future Prospects: The likelihood of a “frozen conflict” appears to be increasing, with both sides entrenched in their positions. The potential for a peace process, as indicated by upcoming conferences, suggests that diplomatic efforts may be necessary to address the ongoing stalemate.
India’s Position: India has maintained a neutral stance, abstaining from UN votes condemning Russia and increasing its oil imports from Russia. While providing humanitarian aid to Ukraine, India has refrained from deeper military or infrastructural support, reflecting its strategic interests in maintaining relations with both Russia and Western nations.
Geopolitics dynamics as per India:
Strategic Autonomy and Geopolitical Signaling: Prime Minister Narendra Modi’s visit to Moscow, following the cancellation of his visit to Astana, Kazakhstan for the SCO Summit, signifies India’s strategic choice to prioritize a meeting with Russian President Vladimir Putin over a joint appearance with Chinese President Xi Jinping.
India’s Strategic Concerns: India aims to maintain Russia as a strategic ally in the face of continuous tensions with China at the Line of Actual Control (LAC).
Western Geopolitical Dynamics: The Biden administration has strengthened alliances like AUKUS (Australia-U.K.-U.S.) for nuclear submarines and engaged with “Quad Plus” countries, including New Zealand, South Korea, Vietnam, and the Philippines leading dilution of the main objective of QUAD.
The U.S. hosted the “AP-4” (Australia, New Zealand, South Korea, and Japan) leaders during the NATO summit in Washington, underscoring its strategic focus in the region.
India’s Position within the Quad: India’s reluctance to make the Quad (India, Japan, Australia, U.S.) a strategic concept risks limiting its utility to Indo-Pacific partners compared to other emerging alliances.
Broader Geopolitical Strategy: The visit to Russia highlights India’s commitment to its strategic autonomy and the importance of diversifying its strategic options.
Geo-Economic Thrust of Modi’s Visit to Russia
Geo-Economic Thrust of Modi’s Visit to Russia Strengthening Trade Relations: The visit underscores a significant increase in India-Russia trade, which surged by 66% to $65 billion last year, driven largely by discounted Russian oil imports.
Focus on Energy Supplies: The joint statement from the Modi-Putin summit emphasized enhancing cooperation in energy supplies, particularly oil and LNG.
Circumventing Sanctions: The summit outlined action items aimed at circumventing Western sanctions.
Maritime Connectivity: The discussion included plans to operationalize the Chennai-Vladivostok maritime corridor.
Defence Cooperation: Despite diversifying its defence procurement, India continues to rely significantly on Russia for military hardware. The visit aimed to address concerns regarding delays in defence supplies.
Conclusion: India’s strategic autonomy, underscored by Modi’s visit to Russia, focuses on strengthening geo-economic ties, energy cooperation, and diversified alliances, balancing its relations with Russia and the West amidst global conflicts.
The Supreme Court delivered a significant 8:1 judgment affirming that State Legislatures have the power to tax mining lands and quarries, independent of the Parliament’s Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act).
About the verdict given by SC
Judgment Overview: The majority opinion, authored by Chief Justice D.Y. Chandrachud, stated that states derive their taxing authority from Article 246 and Entry 49 of the State List, which pertains to taxation on lands and buildings.
Distinction Between Tax and Royalty: The Court clarified that royalty paid for mining leases is not considered a tax.
Royalty is viewed as a contractual obligation between the mining lessee and the lessor, thus not subject to the same regulatory framework as taxes.
Parliamentary Limitations: The judgment emphasised that the MMDR Act cannot impose limitations on state taxation powers regarding mines and quarries. The Court rejected the argument that Entry 50 of the State List allowed Parliament to impose restrictions on state taxes related to mineral rights.
Dissenting Opinion: Justice B.V. Nagarathna provided a dissenting opinion, cautioning that allowing states to tax under Entry 49 could lead to double taxation and undermine the specific provisions of Entry 50.
About the Mines and Minerals (Development and Regulation) Act of 1957
The MMDR Act was enacted to regulate the mining sector in India, ensuring the development and conservation of minerals while balancing the interests of the state and the public.
The Act provides a comprehensive framework for the licensing and regulation of mines, including provisions for the fixation of royalties on mineral extraction.
The Act has been a point of contention regarding the extent of state powers to impose taxes on mineral rights, with arguments that it limits state legislative competence in this area.
The Supreme Court’s recent ruling clarifies that the MMDR Act does not restrict state powers to tax mineral rights, thus resolving conflicts arising from previous interpretations of the Act.
On the division of the power
Constitutional Framework: The Constitution of India delineates the distribution of powers between the Centre and the States through the Seventh Schedule, which includes the State List and the Union List.
Entry 49 and Entry 50: Entry 49 allows states to levy taxes on lands and buildings, while Entry 50 pertains specifically to taxes on mineral rights, subject to limitations imposed by Parliament.
Judicial Clarity: The Supreme Court’s judgment clarifies that states can exercise their taxing powers under both Entries 49 and 50 without interference from the MMDR Act, reinforcing the states’ authority over local resources.
Conclusion: The Supreme Court’s ruling affirms that states can tax mining lands independently of the MMDR Act, highlighting their authority under Article 246 and Entry 49, despite dissenting concerns about double taxation.
Mains PYQ:
Q Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. 15M
The Karnataka government has introduced a bill in the state assembly that aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) by dividing it into multiple smaller municipal corporations. This proposal is known as the Greater Bengaluru Governance Bill, 2024.
What is the Greater Bengaluru Governance Bill?
The Bill aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) into smaller administrative units to improve governance in Bengaluru.
Drafted by the BBMP Restructuring Committee, the Bill has undergone multiple revisions since its inception in 2014, with the latest modifications presented in June 2024.
The Bill was tabled in the Karnataka Assembly on July 23, 2024, and is set for discussion among lawmakers, with a sub-committee likely to scrutinize it before further consideration.
Key Highlights of the Draft Bill
City Corporations: The Bill proposes that the number of city corporations in the Greater Bengaluru Area shall not exceed ten, with indications that it may be split into five units based on specified criteria.
Governance Structure: A three-tier governance structure will be established, comprising the Greater Bengaluru Authority (GBA) at the top, city corporations in the middle, and ward committees at the bottom.
Composition of GBA: The GBA will be headed by the Chief Minister and include 21 members, including key ministers and heads of various urban development organizations.
Criteria for Corporations: City corporations must have a population of at least 10 lakh, a density of over 5,000 people per sq km, and a minimum revenue generation of ₹300 crore annually.
Ward Distribution: Each city corporation will consist of between 50 to 200 wards, with the current BBMP having 198 wards.
Present Criticism
The BJP has criticized the Bill as “unscientific,” claiming it threatens the cultural identity of Bengaluru and could lead to administrative chaos.
BJP leaders have expressed fears that the proposed restructuring could diminish the prominence of the Kannada language in Bengaluru.
Critics point to the unsuccessful trifurcation of the Municipal Corporation of Delhi in 2012, which was reversed in 2022, as a cautionary tale against such restructuring efforts.
Concerns have been raised that the Bill may exacerbate economic disparities among the proposed city corporations, with wealthier areas receiving more resources while poorer areas remain underdeveloped.
Way forward:
Comprehensive Stakeholder Consultation: Before finalizing the Bill, the government should conduct extensive consultations with all stakeholders, including local residents, urban planners, civic organizations, and opposition parties. This will ensure that diverse perspectives are considered, addressing concerns about cultural identity, economic disparities, and administrative efficiency.
Clear Definition and Criteria: The Bill should include clear definitions of “local areas” and the criteria for determining the boundaries of the proposed city corporations.
The Union government will set up a committee led by MoS Home Nityanand Rai to address concerns and expedite the 125th Constitutional Amendment Bill, which aims to empower tribal autonomous councils in northeastern states.
What is the Controversy over the 125th Amendment Bill?
The Constitution (125th Amendment) Bill, 2019 aims to grant more financial, executive, and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
The Bill has faced delays due to unresolved issues between the Union government and the tribal councils, prompting the formation of a committee to address these concerns.
Tribal leaders argue that the Bill is essential for streamlining administrative systems, ensuring proper resource flow, and enhancing the capacity of councils to implement policies beneficial to their communities.
The Bill has been pending since its introduction in the Rajya Sabha in February 2019 and has faced scrutiny from the Departmental-Related Standing Committee on Home Affairs, which flagged multiple issues.
What are Tribal Autonomous Councils?
Tribal autonomous councils are local governance bodies established under the Sixth Schedule of the Constitution to provide autonomy and protect the rights of tribal populations in certain northeastern states of India.
As of now, there are 10 autonomous councils across Assam, Meghalaya, Mizoram, and Tripura, which have the authority to legislate on matters related to land, public health, and agriculture.
These councils are intended to empower tribal communities by allowing them to manage their resources and governance independently from state governments.
About the North Eastern Council (NEC) and Its Structural Mandate
The North Eastern Council (NEC) was established in 1972 as a statutory body to promote the economic and social development of the northeastern states of India.
The NEC’s primary mandate includes coordinating the planning and implementation of development programs, facilitating inter-state cooperation, and addressing issues specific to the northeastern region.
The NEC comprises the Chief Ministers of the northeastern states, along with a nominated representative from the central government, ensuring representation from both state and central authorities.
The Council focuses on various sectors, including infrastructure development, education, health, and cultural preservation, aiming to enhance the overall development of the northeastern states.
Conclusion: The Union government should initiate a transparent and inclusive consultation process involving all stakeholders, including tribal leaders, local communities, and state governments. This process should aim to address the concerns raised by tribal councils and ensure that their voices are heard in the legislative process.
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