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  • Ram Nath Kovind panel for simultaneous Lok Sabha, Assembly polls

    Why in the news? 

    • A high-level committee chaired by former President Ram Nath Kovind has proposed conducting simultaneous elections

    Context

    • It has proposed conducting simultaneous elections for the Lok Sabha and State Assemblies as the initial step.
    • Subsequently, municipal and panchayat elections would be held within 100 days following the general elections.

    What is Simultaneous elections?

    • Simultaneous elections, also known as “One Nation, One Election,” refer to the practice of holding elections for all levels of government – national, state, and local – simultaneously, or within a short period of time.
    • This means that voters would cast their ballots for parliamentary (Lok Sabha), state legislative assembly (Vidhan Sabha), and local government (municipalities, panchayats) elections on the same day or within a closely coordinated timeframe.

    Article 83 (Duration of Houses of Parliament): Article 83 specifies the tenure of the Lok Sabha, the lower house of Parliament. It states that the Lok Sabha’s duration is five years from the date of its first sitting unless dissolved earlier. The President has the authority to dissolve the Lok Sabha before the completion of its five-year term, leading to general elections.

    Article 172 (Duration of State Legislatures): Article 172 deals with the duration of the Legislative Assemblies in the states. It mandates that the Legislative Assembly of a state will continue for five years from the date of its first sitting unless dissolved earlier. Similar to the Lok Sabha, the Governor of a state holds the power to dissolve the Legislative Assembly before the completion of its five-year term, leading to fresh elections.

     

    Recommendation as per Committee-

    • Synchronization Proposal: The committee proposed a method to synchronize elections by setting an ‘Appointed Date’ after the general elections. State Assemblies formed after this date and before the completion of the Lok Sabha’s term would conclude before subsequent general elections, enabling simultaneous polls.
    • Tenure and Fresh Elections: The committee suggested that if a hung House or a no-confidence motion occurs, fresh elections could be conducted. However, the tenure of the House would only last for the remaining term of the preceding full term.
    • Continuation of New Assemblies: In the case of fresh elections for Legislative Assemblies, the new Assemblies would continue until the end of the full term of the Lok Sabha unless dissolved earlier.
    • Constitutional Amendments: Amendments to Article 83 and Article 172 of the Constitution are recommended to facilitate these changes regarding the duration of Parliament and State legislatures.
    • Implementation of Changes: An implementation group is proposed to oversee the execution of the recommended amendments by the committee.

    Examining the issue of Simultaneous elections:

    • Law Commission’s Action: The 22nd Law Commission, concurrently examining the issue of simultaneous elections, is anticipated to submit its report to the Law Ministry soon. It is likely to recommend simultaneous polls from the 2029 general election cycle.

    Ratification by States-

    • Amendments to Constitution Articles: The committee recommends amendments to Article 324A to enable simultaneous elections in panchayats and municipalities. Amendments to Article 325 are suggested to empower the Election Commission of India (EC) to collaborate with state election authorities in preparing a unified electoral roll and voter ID cards.
    • Article 324A: This article pertains to the recommendations for amendments to enable simultaneous elections in panchayats and municipalities.
      • It implies that changes to Article 324A would empower the Election Commission of India (EC) to conduct elections for local bodies concurrently with state and national elections.
      • The proposed amendment aims to streamline the electoral process and reduce the frequency of elections, aligning with the broader goal of synchronizing all levels of elections.
    • Article 325: It deals with the right to vote and preparation of electoral rolls.
      • The suggested amendments to Article 325 would authorize the Election Commission of India (EC), in consultation with state election authorities, to prepare a unified electoral roll and issue voter ID cards.
      • This amendment seeks to establish a uniform and standardized voter registration process across different levels of elections, ensuring consistency and efficiency in voter identification and participation.

    Significance of “One Nation, One Election”:

    • Governance Efficiency: Conducting elections at all levels simultaneously can streamline the electoral process, reducing the disruptions caused by frequent elections. This leads to more stable governance and allows elected representatives to focus on their duties rather than preparing for elections.
    • Cost Savings: Simultaneous elections can significantly reduce the financial burden associated with conducting multiple elections at different times. It helps in optimizing resources, cutting down on campaign expenses, and minimizing the overall cost to the exchequer.
    • Voter Engagement: Coordinating elections at all levels encourages higher voter turnout by consolidating electoral activities. It simplifies the voting process for citizens and promotes greater participation in the democratic process.
    • Policy Continuity: Simultaneous elections facilitate better policy planning and implementation by ensuring that elected governments at various levels have concurrent tenures. This continuity promotes stability and coherence in policymaking, leading to more effective governance.
    • Reduced Political Polarization: By aligning electoral cycles, simultaneous elections can mitigate the intense political polarization often witnessed during election periods. It fosters a more collaborative political environment and encourages constructive dialogue among political parties.

    Conclusion:

    The proposal for simultaneous elections requires constitutional amendments and careful implementation. Cooperation among states and the Election Commission is essential for its success.

    Mains PYQ-

    Q- Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss.( UPSC IAS/2017) 

  • [14 March 2024] The Hindu Op-ed: The Karnataka civil engineers Bill, its pathway

    [14 March 2024] The Hindu Op-ed: The Karnataka civil engineers Bill, its pathway

    Mains PYQ Relevance:

    Major cities of India are becoming vulnerable to flood conditions. Discuss. (2015)

    Discussion the various social problems which originated out of the speedy process of urbanization in India. (2013)

    Note4Students: 

    Mains: Social Issues; Governance; Urbanization;

    Mentor comments: The Karnataka Legislative Assembly passed the Karnataka Professional Civil Engineers Bill, 2024 to allow only registered engineers to approve building plans ensuring that they will be accountable for any eventualities. In light of this, the registration of professional Civil Engineers, standards of professional conduct, code of ethics and etiquette for professional civil engineers are connected. Although it’s State news, we need to look at this news because India, one of the most populated countries, has grappled with many issues related to Urbanization and unplanned cities for decades. 

    Let’s learn. 

    —

    Why in the News?

    Recently, the Karnataka Legislative Assembly passed the Karnataka Professional Civil Engineers Bill, 2024 to allow only registered engineers to approve building plans ensuring that they will be accountable for any eventualities.

    Provisions of the Karnataka Professional Civil Engineers Bill, 2024:

    Aim: To improve professionalization and construction standards by requiring only certified civil engineers to offer engineering designs. However, this approach may create confusion, become restrictive, and remain out of sync with best practices

    The Bill establishes the following key aspects:

    Defining a civil engineer:
    Anyone with a diploma or a degree in a civil engineering discipline in India or abroad can qualify as a civil engineer. Those with Degrees need 1 year of experience; those with Diplomas require 2 years of experience;

    Must be registered with the Karnataka Council of Professional Civil Engineers within 1 year from the date of commencement of the Act. In addition, they should obtain a certificate to become a ‘professional civil engineer’ in Karnataka.

    Listing engineering designs and Restricting who can offer engineering design services: Only professional civil engineers can offer engineering designs (civil, structural, geotechnical, and environmental).Instructing how to ensure compliance;

    Instructing how to ensure compliance:

    Firstly, the Bill insists that any building more than 50 square meters in plinth area or taller than the ground floor or not built with a load-bearing masonry structure.

    Secondly, a group housing project with more than three buildings must be supervised or executed or certified only by professional civil engineers.

    Thirdly, strict gate-keeping is imposed by instructing government authorities not to permit construction unless registered professional civil engineers certify designs and drawings.

    On Reservation:
    Out of all tenders not exceeding One Crore rupees, 4% of tenders are reserved for Category 1 Castes and 15% of tenders are reserved for Category 2A castes.

    What is the current dilemma w.r.t to Karnataka Professional Civil Engineers Bill, 2024?

    • Overlap and Left-out: Despite overlaps between professional services in the building industry, the Bill restrictively defines engineering designs, potentially leading to confusion.
      • This is baffling because the SC also pointed out difficulties in a comparable situation involving ‘architects’, the bill has refused to include related professionals from offering overlapping services.
    • Silent on licensing requirements: The Karnataka Bill seeks absolute protection of services, but it falls short of licensing requirements and would benefit from tightening the certification process.
      • It is probably for this reason that the Gujarat Professional Civil Engineers Act, 2006, which is similar, is restrained in its scope.
    • Undermined with Global experiences: Many countries are cautious about regulations that restrict competition and support self-regulation of professions. Global practices suggest that protecting professional titles through rigorous processes and mandating high academic standards and experience is more effective than restricting services.

    What can we learn from Global practices?

    • Need to work on self-regulation of professions: Recalling a study on engineering licensing and professional practice across several countries would be worthwhile. Because there is no hard evidence that tight engineering licensure provides economic gains to societies.
    • Need to avoid Extra Ring-fencing of Restrictions: Many professional council’s across the world, aware of these complexities, have not tried to ring-fence their services. Instead, they take the alternative and effective route of protecting titles such as ‘chartered engineer or architect’ by establishing a rigorous process that demands high academic standards and experience.
    • Need for better peer interviews or examinations: Through this, users will come to know that professional titles are not offered lightly, and only the competent ones earn them. Users can be convinced by the credibility of the collective, and voluntarily seek certified professionals.
    Case Study:

    The Engineering Council in the UK clarifies that there are no restrictions on practicing as an engineer. However, it protects titles offered to the qualified and those who pass professional reviews. Only a limited number of high-risk constructions, such as reservoir design and road tunnel safety regulations, are reserved for licensed persons. In comparison, the Karnataka Bill seeks an absolute protection of services and falls short of licensing requirements. There are no examinations and fewer experience requirements in the Bill. It would serve better to tighten the process leading to certification.

    Conclusion:

    The question professional must be decided on an event-to-event basis, locally and based on education, experience, and special knowledge. What would be even better is to resist the demand for professional turfs to control supply. An effective solution would be to influence the demand side by continuously demonstrating the usefulness of professionals and certification.

    https://www.thehindu.com/opinion/op-ed/the-karnataka-civil-engineers-bill-its-pathway/article67947726.ece

  • Citizenship Amendment Act: Legal issues and status of judicial proceedings

    Why in the news? 

    • The Ministry of Home Affairs notified the rules to implement the CAA, which fast-tracks citizenship for non-Muslim immigrants from neighbouring countries. Despite delays, the Act faces challenges in the Supreme Court.

    Context

    • Petitions challenge the CAA’s constitutionality, arguing it violates Article 14 by making religion a qualifier for citizenship.
    • Petitions seek a stay on the recently notified rules, criticizing the bypassing of tiered scrutiny for citizenship applications and the government’s decision to implement rules before a final court decision.

    About Citizenship Amendment Act 2019:

    • Origin- The citizenship laws in India find their roots in the constitution through Articles 5-11 and the Citizenship Act of 1955. This legislation outlines provisions for acquiring citizenship through birth, descent, registration, and naturalization.
    • Changes as per CAA 2019– It revised the Citizenship Act of 1955 to grant eligibility for Indian citizenship to illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan.

    Citizenship Amendment Rules, 2024:

    Despite a delay of over four years, the Ministry of Home Affairs has officially issued the Citizenship Amendment Rules, 2024, facilitating the implementation of the Citizenship Amendment Act 2019.

    The key provisions include:

    • Application Process: Eligible refugees are required to submit applications accompanied by affidavits verifying statements, character references from Indian citizens, and a declaration of proficiency in a designated Indian language for citizenship.
    • E-Application to District-Level Committee: The rules stipulate that applications must be submitted electronically to a district-level committee for verification of documents and administration of the oath of allegiance. Failure to appear in person may result in rejection of the application by the empowered committee following review by the district committee.
    • Supporting Documentation: Applicants are mandated to provide supporting documents such as passports, birth certificates, identity papers, land records, or evidence of ancestry from Pakistan, Afghanistan, or Bangladesh to substantiate their citizenship claims.
    • Verification of Entry Date: Applicants must furnish evidence of entry before December 31, 2014, through one of the 20 specified documents, including FRRO registration, Census slips, government-issued IDs (such as Aadhaar, ration card, driver’s license), or marriage certificates issued in India.

     

    What are the implications of CAA?

    • Potential Impact on Muslims: The CAA, when combined with the proposed National Register of Indian Citizens (NRIC), has the potential to disproportionately affect Muslims residing in India. Non-Muslims may have an opportunity to obtain citizenship through the CAA, while Muslims may be denied this opportunity.
    • Exclusion from NRIC: In the event of people being excluded from the NRIC, non-Muslims may have a pathway to inclusion through the CAA, while Muslims may face barriers. The Supreme Court-monitored NRC exercise in Assam in 2021 left over 19 lakh people from the citizenship register, raising concerns about exclusion and discrimination.
    • Executive Order and Implementation: The Union government issued an order granting District Collectors in five states with high migrant populations the power to grant citizenship to groups identified in the CAA amendment. However, there were allegations that this order was a tactic to implement the CAA, which the government denied.
    • Relaxation of Citizenship Criteria: The newly notified rules under the CAA have eased the process of granting Indian citizenship to members of specified communities by excluding the requirement of a valid passport or visa. Instead, documents showing ancestry from designated countries are deemed sufficient.
    • Constitutional Challenges: The constitutionality of the CAA has been challenged in court, with petitions arguing that the law violates Article 14 of the Constitution by making religion a qualifier for citizenship.
    • Impact on Assam Accord: The CAA has been criticized as undermining the Assam Accord of 1985, which does not differentiate on grounds of religion and deems any person who cannot prove ancestry beyond March 24, 1971, as an alien. Petitions contend that the law may lead to an increase in the influx of illegal migrants from Bangladesh to Assam.

    How has the Supreme Court responded? (Judicial Stand)

    • December 2019: The Supreme Court, led by former Chief Justice of India (CJI) S.A. Bobde, refused to stay the operation of the CAA. Instead, the court suggested that the government should publicize the actual intent of the Act.
      • A similar plea for a stay was rejected by the court on January 22, 2020, with the court emphasizing the need to hear the government’s perspective first.
    • October 2022: A Bench led by former CJI U.U. Lalit ordered that final hearings in the case would commence on December 6, 2022.
      • However, since then, the case has not been listed. According to the Supreme Court’s website, the petitions are currently before a Bench headed by Justice Pankaj Mithal.

    What is the significance of the challenge to Section 6A?

    • Dependence on Assam Accord: Section 6A was introduced in furtherance of the Assam Accord, a Memorandum of Settlement signed in 1985 to resolve issues related to immigration in Assam.
      • Therefore, the challenge to Section 6A is intricately linked to the implementation and interpretation of the Assam Accord.
    • Legal Implications: The challenges against Section 6A of the Citizenship Act and the CAA raise significant legal questions regarding their constitutionality and compatibility with existing laws and agreements.
      • These legal challenges highlight the need for clarity and consistency in India’s citizenship laws.
    • Interpretation of Assam Accord: Section 6A of the Citizenship Act, introduced by the Assam Accord of 1985, establishes March 24, 1971, as the cut-off date for determining citizenship in Assam.
      • The challenges against this provision and the CAA raise questions about the interpretation and implementation of the Assam Accord, which aimed to resolve issues related to immigration in Assam.

     

    Why are petitioners seeking a stay on the rules?

    • Changes in Scrutiny Process: The rules have reportedly eliminated the tiered scrutiny process of applications for citizenship by District Collectors.
      • Previously, District Collectors scrutinized applications, and state governments provided recommendations on granting citizenship. The removal of this scrutiny process is a concern for the petitioners.
    • Timing of their implementation: The petitioners highlight that the government had previously avoided a push for a stay on the Citizenship Amendment Act (CAA) in the Supreme Court five years ago by arguing that the rules for implementation had not been framed.
      • Now, with the rules in place, the petitioners question the timing of their implementation.
    • Pending Decision from Supreme Court: The petitioners argue that the government should have awaited a final decision from the Supreme Court regarding the constitutionality of the CAA before implementing the rules.
      • They suggest that implementing the rules without a definitive ruling from the court could preempt its decision-making process.

    Conclusion:

    • Implementing the Citizenship Amendment Act and its accompanying rules faces legal challenges and societal implications.
    • Moving forward, ensuring fairness, inclusivity, and adherence to constitutional principles will be vital in resolving the complexities surrounding citizenship laws in India.

  • Mapping: Darien Gap

    darien gap

    Why in the news:

    • Much of the discussion over illegal immigration to the US has in recent weeks moved its focus south to the Darien Gap.

    What is Darien Gap?

    • The Darien Gap spans northern Colombia and Southern Panama, covering approximately 97 km of dense jungle terrain.
    • It is situated in the narrowest part of the Isthmus of Panama, connecting North America to South America.
    • It covers an area of approximately 41,440 square km.
    • The landscape is characterized by dense rainforests, swamps, rivers, and rugged mountains.
    • It is one of the most biologically diverse regions on Earth, home to a wide array of plant and animal species, including jaguars, pumas, tapirs, and numerous bird species.

    Why in the news?

    Ans. Surge in Illegal Crossings

    • Escalating Numbers: In 2021, the Panamanian government recorded a staggering 133,000 crossings, with over half a million individuals transiting through the region in 2023.
    • Root Causes: Violence, insecurity, and limited legal immigration options in home countries propel individuals, including Venezuelans, Haitians, and Afghans, to undertake the perilous journey.

    Try this PYQ from CSE Prelims 2015:

    The area known as ‘Golan Heights’ sometimes appears in the news in the context of the events is related to:

    (a) Central Asia

    (b) Middle East

    (c) South-East Asia

    (d) Central Africa

  • Centre bans 18 OTT Platforms for Inappropriate Content

    In the news

    • The Information & Broadcasting Ministry has blocked 18 OTT platforms on the charge of publishing obscene and vulgar content.

    How were these platforms banned?

    • The contents listed on the OTT platforms was found to be prima facie violation of:
    1. Section 67 and 67A of the Information Technology Act, 2000;
    2. Section 292 of the Indian Penal Code; and
    3. Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.
    • These platforms were violative of the responsibility to not propagate obscenity, vulgarity and abuse under the guise of ‘creative expression’.

    How are OTT Platforms regulated in India?

    • Regulatory Framework: The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 introduce a Code of Ethics applicable to digital media entities and OTT platforms.
    • Key Provisions: These guidelines encompass content categorization, parental controls, adherence to journalistic norms, and the establishment of a grievance redressal mechanism to address concerns.

    [A] Content Regulations

    • Age-Based Classification: OTT platforms like Netflix and Amazon Prime are mandated to classify their content into five age-based categories: U (universal), 7+, 13+, 16+, and A (adult).
    • Parental Locks: Effective parental locks must be implemented for content classified as 13+, ensuring that parents can control access to age-inappropriate material.
    • Age Verification: Robust age verification systems are required for accessing adult content, enhancing parental oversight and safeguarding minors from exposure to inappropriate material.

    [B] Grievance Redressal Mechanism

    • Three-Tier System: A comprehensive grievance redressal mechanism consisting of three tiers has been established:
      1. Level-I: Publishers are encouraged to engage in self-regulation to address grievances and concerns internally.
      2. Level-II: A self-regulating body, headed by a retired judge from the Supreme Court or High Court or an eminent independent figure, will oversee complaints and ensure impartial resolution.
      3. Level-III: The Ministry of Information and Broadcasting will formulate an oversight mechanism and establish an inter-departmental committee tasked with addressing grievances. This body possesses the authority to censor and block content when necessary.

    [C] Selective Banning of OTT Communication Services

    • Parliamentary Notice: Concerns about the influence and impact of OTT communication services prompted a notice from a Parliamentary Standing Committee to the Department of Telecom (DoT).
    • Scope of Discussion: This discussion focuses exclusively on OTT communication services such as WhatsApp, Signal, Meta (formerly Facebook), Google Meet, and Zoom, excluding content-based OTTs like Netflix or Amazon Prime.
    • Regulatory Authority: Content regulation within OTT communication services falls under the jurisdiction of the Ministry of Information and Broadcasting (MIB), emphasizing the government’s commitment to ensuring responsible communication practices.

  • Lyme Disease reported in Ernakulam

    In the news

    • A suspected case of Lyme disease caused by the bite of a tick carrying borrelia bacteria has been reported from Koovapady in Ernakulam district.

    What is Lyme Disease?

    • According to the Centers for Disease Control and Prevention (CDC), Lyme is transmitted to humans through the bite of infected blacklegged ticks.
    • Typical symptoms include fever, headache, fatigue, and a characteristic skin rash called erythema migrans.
    • If left untreated, infection can spread to joints, the heart, and the nervous system.

    Symptoms of Lyme Disease

    Symptoms of Lyme disease depend on the stage of the condition.

    (1) Stage 1

    • The early symptoms of Lyme disease begin to appear within 3 to 30 days after a tick bite.
    • In this stage, the disease has a limited set of symptoms that includes rash, fever, headache, muscle aches etc. and hence is called early localised disease.

    (2) Stage 2

    • Stage 2 is often more serious and widespread. It is called early disseminated disease.
    • Symptoms include more rashes on other parts of the body, neck pain or stiffness, muscle weakness on one or both sides of the face etc.

    (3) Stage 3

    • In the United States, the most common condition of this stage is arthritis in large joints, particularly the knees.
    • Pain, swelling or stiffness may last for a long time. Or the symptoms may come and go.
    • Stage 3 symptoms usually begin 2 to 12 months after a tick bite.

     

    Try this PYQ from CSE Prelims 2016:

    Which of the following statements is/are correct? 

    Viruses can infect

    1. bacteria
    2. fungi
    3. plants

    Select the correct answer using the code given below. 

    (a) 1 and 2 only

    (b) 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”p1no71giat” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • [pib] ‘Vocal for Local’ Initiative

    Why in the news-

    About Vocal for Local Initiative

    • Under this program, indigenous local products from 500 Aspirational Blocks have been mapped and consolidated for sale.
    • District collectors and block-level officials will collaborate with partners such as Government e-Marketplace (GeM) and Open Network for Digital Commerce (ONDC) to facilitate sustainable growth of microenterprises in Aspirational Blocks.
    • To facilitate this, a dedicated window for Aspirational Blocks Programme under the brand name ‘Aakanksha’ on GeM portal has been established.

    What is Aspirational Blocks Programme (ABP)?

    • The ABP is set on the lines of the Aspirational District Programme that was launched in 2018 and covers 112 districts across the country.
    • The Centre had announced its intention to launch this initiative in the Union Budget 2022-23.
    • The programme will cover 500 districts across 31 states and Union Territories initially.
    • Over half of these blocks are in 6 states—Uttar Pradesh (68 blocks), Bihar (61), Madhya Pradesh (42), Jharkhand (34), Odisha (29) and West Bengal (29).
    • However, states can add more blocks to the programme later.

    Back2Basics:  Aspirational Districts Programme (ADP)

    Details
    Launch Date January 2018
    Objective To transform identified aspirational districts quickly and effectively through a mass movement.
    Program Contours
    • Convergence of Central & State Schemes
    • Collaboration among Central, State level ‘Prabhari’ Officers & District Collectors
    • Competition among districts driven by mass Movement.
    Selection of Districts
    • 117 Aspirational districts identified by NITI Aayog based on composite indicators.
    • Real-time progress monitored based on 49 indicators from 5 thematic areas.
    Weightage of Indicators
    1. Health & Nutrition (30%)
    2. Education (30%)
    3. Agriculture & Water Resources (20%)
    4. Financial Inclusion & Skill Development (10%)
    5. Basic Infrastructure (10%)
    Core Strategy
    • Development as a mass movement
    • Identify strengths and low-hanging fruits in each district
    • Measure progress and rank districts
    • Foster competition.
    Features
    • Transform into a Jan Andolan
    • Real-time data tracking for monitoring improvement
    • Convergence between central and state government programmes.
    • District performance made public
    • Experience building of district bureaucracy
    • Targeted towards the entire district population.

  • Kerala Cabinet asks Advocate General to explore legal options to challenge CAA notification in Supreme Court

    Why in the news? 

    • The Kerala Cabinet aims to challenge the implementation of the Citizenship (Amendment) Act, 2019, expressing opposition to its perceived anti-Muslim bias. Legal options are explored to contest the Act’s rules.

    Context:

    The government notified rules for implementing the Citizenship Amendment Act, 2019, simplifying the process for granting Indian citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan who arrived before December 31, 2014.

    About Citizenship Amendment Act, 2019

     

    The citizenship laws in India derived their origins from the constitution under Articles 5-11 and the Citizenship Act of 1955. This Act provided provisions for citizenship by Birth, Descent, Registration and Naturalization.

    • Eligibility Criteria: Amends the Citizenship Act of 1955 to grant Indian citizenship to illegal migrants belonging to specific religious communities – Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians – from Afghanistan, Bangladesh, and Pakistan.
    • Definition of Illegal Migrants: Illegal migrants are those who enter India without valid travel documents or exceed the permitted duration of stay, subject to prosecution, deportation, or imprisonment.
    • Cutoff Date: Provides eligibility for Indian citizenship to illegal migrants from the mentioned communities who entered India on or before December 31, 2014, excluding them from being treated as illegal immigrants.
    • Exclusion of Muslims: Notably excludes the Muslim community from the list of eligible religious groups, sparking controversy and criticism over religious discrimination in the citizenship criteria.

     

    What are the recent challenges faced by the Kerala Government?

    • Anti-Muslim Bias: The Kerala government opposes the Citizenship Amendment Act (CAA), labeling it as “patently anti-Muslim and deeply schismatic.”
    • Resolution for Repeal: The Kerala Assembly adopted a resolution in 2019 demanding the repeal of CAA due to its criterion of religion for Indian citizenship.
    • Legal Challenge: Kerala filed an original suit before the Supreme Court under Article 131, contesting the Center’s framing of CAA rules. Congress leader Ramesh Chennithala, DYFI, and IUML challenge CAA in the Supreme Court.
    • Urgency Post CAA Rules: Kerala Cabinet emphasizes new legal urgency after the Center’s notification of CAA rules.
      • Ongoing anti-CAA protests were witnessed in Kerala, including train blockades and marches. Congress leaders condemn CAA for undermining secular principles.
      • Opposition criticizes Kerala CM’s stance against implementing CAA and calls it political posturing.

    National Scenario: 

    • States:
        • In Assam: Members of the All Assam Students Union (AASU) took part in a protest march after the central government notified the rules for implementation of the Citizenship (Amendment) Act, in Guwahati.
        • In Kolkata: Leaders of the Communist Party of India (Marxist-Leninist) protested against the implementation of the Citizenship (Amendment) Act.
    • Youth Protests:
      • In Delhi: Students of Jamia Millia Islamia University also staged a protest after the central government notified the rules for implementation of the Citizenship (Amendment) Act.
      • In Tamil Nadu: Further, members of the Students’ Federation of India (SFI) staged a protest, a day after the Modi-led government notified the rules for implementation of the Citizenship (Amendment) Act, at Madras University.

    Way Forward to address the concerns and avoid protests:

    • Dialogue and Consultation: Engage in open dialogue with stakeholders, including state governments, opposition parties, and civil society, to address concerns and seek consensus on amendments or alternatives to the Citizenship Amendment Act.
    • Legal Review: Conduct a comprehensive legal review of the Citizenship Amendment Act and its rules to ensure adherence to constitutional principles, including equality before the law and secularism.
    • Inclusive Citizenship Criteria: Consider revising the Citizenship Amendment Act to remove religious criteria and ensure that citizenship is granted based on objective and non-discriminatory grounds, such as residency or persecution.
    • Uphold Secular Values: Reaffirm the government’s commitment to secularism and religious pluralism, emphasizing the importance of protecting the rights of all communities and promoting social harmony.

    Conclusion:

    • Address Kerala’s concerns over anti-Muslim bias in CAA, legal challenges, and ongoing protests. Emphasize dialogue, legal review, inclusivity, and upholding secular values to foster social harmony and resolve grievances.

    Prelims PYQs

    Q. With reference to India, consider the following statements :​

    1. There is only one citizenship and one domicile.​
    2. A citizen by birth only can become the Head of State.​
    3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. 1 and 3 ​
    4. 2 and 3

  • Appointment of EC | Supreme Court to hear plea to bring CJI back into the selection committee

    Why in the news? 

    The plea filed by the NGO Association for Democratic Reforms seeks an urgent hearing as it raises concerns about potential unfair advantage in filling Election Commission vacancies after Arun Goel’s resignation.

    Context

    • The unexpected resignation of Arun Goel ahead of the Lok Sabha elections raised concerns about potential unfair advantage in filling the vacancies.
    • The NGO Association for Democratic Reforms requested the new law on EC appointments to be put on hold and urged the involvement of the Chief Justice of India in the selection committee, as directed by a previous Supreme Court judgment.

     

    About the CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023:

    • The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
      • It addresses the appointment, salary, and removal of the CEC and ECs.

     

    Appointment Process:

    • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
    • The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition party in Lok Sabha.
    • Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.
    • A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
    • Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.

     

    Why Free and fair elections are necessary?

    • Protects from Intimidation and Fraud: Concerns were raised about the potential for unfair advantage due to the Executive’s ability to appoint two Election Commissioners, which could compromise the independence of the Election Commission.
    • Consensus building and Integrity: Emphasis on the critical role of the Election Commission in ensuring free and fair elections, highlights the importance of fair and unbiased appointments to maintain the integrity of the electoral process.
    • Anoop Baranwal Case: Reference to the Supreme Court’s judgment in the Anoop Baranwal case, where a Constitution Bench directed the appointment of the Chief Election Commissioner (CEC) and two ECs by the President based on the advice of a committee consisting of the Prime Minister, Leader of Opposition, and Chief Justice of India (CJI).
    • Government’s Response: Mention of the government’s enactment of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre more control over the appointment process, contrary to the Supreme Court’s judgment.

    Way Forward: Need to avoid Political interference: 

    • Current Leadership: Mention of CEC Rajiv Kumar being in sole charge of the Election Commission at present, indicates the need to address vacancies in the position of Election Commissioners to ensure effective functioning, especially with impending elections.
    • Independence of Election Commission: Emphasis on the importance of maintaining the independence of the Election Commission from political and executive interference to ensure free and fair elections and uphold democracy.
    • Insulation from Interference: Arguing that the Election Commission should be insulated from political and/or executive interference to preserve the integrity of the electoral process and protect democratic principles.
    • Critical Role of Election Commission: Highlighting the critical role of the Election Commission in various aspects such as ensuring free and fair elections, resolving disputes between political parties, and maintaining accurate voter lists and turnout, underscoring the urgency to address vacancies in the Commission.

    Conclusion:

    • The government should reconsider the appointment process, ensuring the inclusion of the Chief Justice of India in the selection committee to uphold the independence and integrity of the Election Commission.

    Mains PYQs

    Q. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (2022)

  • President approves Uttarakhand’s UCC Bill

    In the news

    • Under Article 201 of the Indian Constitution, the President gave assent to the ‘Uniform Civil Code Uttarakhand 2024’ Bill passed by the Uttarakhand Legislative Assembly, on March 11 2024.

    What is the Uniform Civil Code?

    • The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
      • However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
    • Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.

    What are the SC Observations?

    • The Supreme Court has emphasized the importance of Governors promptly acting on Bills sent to them for assent after passage by Legislative Assemblies.
    • Bills should be returned “as soon as possible” to prevent undue delay, with significant constitutional intent behind this directive.

    Governor’s Power over State Bills

     

    [I] Article 200:

    • Article 200 delineates the process for State Legislative Assembly-passed Bills to be presented to the Governor for assent.
    • The Governor holds the authority to either assent, withhold assent, or reserve the Bill for consideration by the President.
    • Additionally, the Governor possesses the prerogative to return the Bill to the House or Houses with a message requesting reconsideration.

     

    [II] Article 201:

    • Article 201 stipulates the procedures concerning Bills reserved for the President’s consideration.
    • It allows the President to either assent to or withhold assent from the Bill.
    • If necessary, the President can direct the Governor to return the Bill to the State Legislature for reconsideration.

     

    Governor’s Discretion 

    The Governor holds several options upon receiving a Bill:

    • Granting Assent.
    • Requesting the Assembly to reconsider specific provisions or the entire Bill.
    • Obligatory reservation for the President’s consideration, especially in cases posing a threat to the state high court or contravening constitutional provisions, DPSP, national interest, or Article 31A regarding compulsory property acquisition.
    • Although within the Governor’s authority, withholding assent is seldom practiced due to its contentious nature.

    Committee Recommendations:

     

    (1) Sarkaria Commission (1987):

    • It recommended that Governors exercise discretion in reserving Bills for Presidential consideration only in rare cases of unconstitutionality.
    • Bills should otherwise be processed as per ministerial advice, with a maximum six-month period for Presidential disposition.

     

    (2) Punchhi Commission (2010):

    • It proposed a six-month timeframe for Governors to decide on Bills presented for assent, emphasizing timely decision-making.

    Try this PYQ from CSE Prelims 2016:

    Q.Consider the following statements:

    1. The Chief Secretary in a State is appointed by the Governor of that State.
    2. The Chief Secretary in a State has a fixed tenure.

    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