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GS Paper: GS2

Maharashtra-Karnataka Boundary Dispute
The Maharashtra-Karnataka border dispute is in the news again after a leader in Maharashtra stated the “commitment to acquiring” Maratwhi-speaking villages along the border.

Maha-K’taka boundary dispute
- The erstwhile Bombay Presidency, a multilingual province, included the present-day Karnataka districts of Vijayapura, Belagavi, Dharwad and Uttara-Kannada.
- In 1948, the Belgaum municipality requested that the district, having a predominantly Marathi-speaking population, be incorporated into the proposed Maharashtra state.
- However, the States Reorganization Act of 1956, which divided states into linguistic and administrative lines, made Belgaum and 10 taluka of Bombay State a part of the then-Mysore State
The Mahajan Commission
- While demarcating borders, the Reorganization of States Commission sought to include talukas with a Kannada-speaking population of more than 50 per cent in Mysore.
- Opponents of the region’s inclusion in Mysore argued, and continue to argue, that Marathi-speakers outnumbered Kannadigas who lived there in 1956.
- In September 1957, the Bombay government echoed their demand and lodged a protest with the Centre, leading to the formation of the Commission under former CJI Mehr Chand Mahajan in October 1966.
Beginning of the dispute
- The Commission recommended that 264 villages be transferred to Maharashtra (which formed in 1960) and that Belgaum and 247 villages remain with Karnataka.
- Maharashtra rejected the report, calling it biased and illogical, and demanded another review.
- Karnataka welcomed the report and has ever since continued to press for implementation, although this has not been formally done by the Centre.
A case pending in the Supreme Court
- Successive governments in Maharashtra have demanded their inclusion within the state– a claim that Karnataka contests.
- In 2004, the Maharashtra government moved the Supreme Court for a settlement of the border dispute under Article 131(b) of the Constitution.
- It demanded 814 villages from Karnataka on the basis of the theory of village being the unit of calculation, contiguity and enumerating linguistic population in each village.
- The case is pending in the apex court.
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November 24, 2022
Move to change procedure for inclusion on ST list is put on hold
The Union Government has put on hold a proposal to change the procedure for scheduling new communities as Scheduled Tribes, which has been in the pipeline for more than eight years.

Why in news?
- The proposal to change the procedure was based on the recommendations of a government task force constituted in February 2014, headed by then-Tribal Affairs Secretary Hrusikesh Panda.
- It called the existing procedure:
1. Cumbersome and time-consuming
2. Defeats the Constitutional agenda for affirmative action and inclusion
Who are the Scheduled Tribes?
- The term ‘Scheduled Tribes’ first appeared in the Constitution of India.
- Article 366 (25) defined scheduled tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”.
- Article 342 prescribes procedure to be followed in the matter of specification of scheduled tribes.
- Among the tribal groups, several have adapted to modern life but there are tribal groups who are more vulnerable.
- The Dhebar Commission (1973) created a separate category “Primitive Tribal Groups (PTGs)” which was renamed in 2006 as “Particularly Vulnerable Tribal Groups (PVTGs)”.
How are STs notified?
- As per the current procedure, each proposal for the scheduling of a new community as ST has to originate from the relevant State Government.
- It is then sent to the Ministry of Tribal Affairs, which sends it to the Office of the Registrar General of India (RGI).
- Once approved by the Office of the RGI, it is sent to the National Commission for Scheduled Tribes (NCST), and only after its approval is it sent to the Cabinet.
Status of STs in India
- The Census 2011 has revealed that there are said to be 705 ethnic groups notified as Scheduled Tribes (STs).
- Over 10 crore Indians are notified as STs, of which 1.04 crore live in urban areas.
- The STs constitute 8.6% of the population and 11.3% of the rural population.
Issues with the procedure of ST notification

The Panda committee had explained that there were multiple obstacles unnecessarily preventing at least 40 communities from being listed as ST.
1. Exclusion over name: Several tribes pronounced or spelt their community’s name in different ways; some communities were split when new States were created, leaving them as ST in one State and not in the other;
2. Migration led exclusion: Some tribespeople were forcefully taken as indentured labour to other States where they were left out of the ST list.
3. No ethnographic study: The modalities not only lacked sufficient anthropologists and sociologists to comment on proposals for exclusion or inclusion.
Recommendations to change the procedure

The Panda committee recommends-
- Once a proposal is received from a State Government, it should be circulated simultaneously to the NCST.
- The Office of the RGI and the Anthropological Survey of India, each of which would have six months to give their opinions.
- A special Committee on scheduling would then consider the proposal and the opinions of the above-mentioned authorities and make a final recommendation within one month.
- The Committee would consist of the Tribal Affairs Secretary, and representatives of the NCST, Office of the RGI, Anthropological Survey of India, State Government and the concerned State tribal research institute.
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November 24, 2022
Climate Change and the role of Panchayat Raj Institutes (PRI’s)
Context
- If India has to achieve the set of goals enunciated in the ‘Panchamrit’ resolution of the COP26 climate summit in Glasgow 2021, it is necessary that Panchayati raj institutions, the third tier of government which are closest to the people are involved.
Climate change and rural area
- Major impact on rural areas: The greater variability in rainfall and temperatures, etc. experienced of late has directly affected the livelihood and well-being of millions of rural households.
- PRI excluded from National action plan: India’s National Action Plan on Climate Change 2008 identifies a range of priority areas for coordinated intervention at the national and State levels. However, there would have been better results had Panchayati raj institutions been given a greater role.
- Decentralization of climate efforts are necessary: Through the ongoing decentralization process which ensures people’s participation, panchayats can play a crucial and frontline role in coordinating effective responses to climate risks, enabling adaptation and building climate-change resilient communities.
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What is carbon neutrality?
- Zero carbon production:
- The climate change discussion also focuses on the emerging and widely accepted concept of ‘carbon neutrality’ which puts forth the notion of zero carbon developments, nature conservation, food, energy and seeds sufficiency, and economic development.
- As human activities are the cause of the current climate crisis, mitigating greenhouse gas emissions and adapting to growing and extreme weather events are critical.
- Zero carbon development which promotes sustainable living is the effective solution to reducing anthropogenic emissions and improving climate resilience.
Efforts of Panchayat raj institutes to fight climate change: Case study of Meenangadi
- Carbon neutral Meenangadi: In 2016, the panchayat envisaged a project called ‘Carbon neutral Meenangadi’, the aim being to transform Meenangadi into a state of carbon neutrality. There were campaigns, classes and studies to begin with. An awareness programme was conducted initially. A greenhouse gases emission inventory was also prepared. The panchayat was found to be carbon positive.
- Implementation of Multi-sectoral schemes: An action plan was prepared by organising gram Sabha meetings. Socio-economic surveys and energy-use mapping were also carried out. Several multi sector schemes were implemented to reduce emissions, increase carbon sequestration, and preserve the ecology and bio-diversity.
- Tree plantation Initiative: ‘Tree banking’ was one of landmark schemes introduced to aid carbon neutral activities which encouraged the planting of more trees by extending interest-free loans. Interestingly 1,58,816 trees were planted which have also been geo-tagged to monitor their growth.
- People’s participation: The entire community was involved in the process, with school students, youth, and technical and academic institutions given different assignments. Five years have passed and the changes are visible. Local economic development was another thrust area where LED bulb manufacturing and related micro-enterprises were initiated.
Government of India’s effort to support climate change: ‘Clean and Green Village’
- SDG theme: The Ministry of Panchayati Raj has focused its attention on localising the Sustainable Development Goals (SDGs) on a thematic basis.
- Various activities delegated to PRI: ‘Clean and Green Village’ has been identified as the fifth theme where panchayats can take up activities on natural resource management, biodiversity protection, waste management and afforestation activities.
- Documentation of best practices: According to the latest data, 1,09,135-gram panchayats have prioritised ‘Clean & Green Village’ as one of their focus areas for 2022-23. The Ministry has highlighted the need for the documentation of best practices and for wider dissemination.
- Integrated panchayat development plan: The net result is that many panchayats are coming forward with their eco plans. The integrated Panchayat Development Plan prepared by all panchayats is a stepping stone towards addressing many of the environmental concerns of villages.
Conclusion
- In today’s age of rapid technological advancements and digital transformation, India’s rural local bodies are silently contributing their strength to ensuring the global target of carbon neutrality, as envisaged in the UN conference on climate change.
Mains Question

Q. What role PRIs can play in a fight against climate change? What is the scheme of “Clean and Green Village” of Ministry of Panchayat Raj?

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November 23, 2022
Foreign Policy: India as a Pole in Itself
Context
- The ongoing war in Ukraine on the one hand and the confrontation between Russia and the United States and the West, on the other have increased the frequency/regularity of the question, whose side is India on, after all? Is India with Russia or with the U.S./the West in this war?
What is the issue of India taking the either side?
- India doesn’t support the either camp: When great powers seek India’s support during geopolitical contestations, such as the one over Ukraine, they end up facing a stubborn India that is reluctant to toe the line.
- India is not a satellite state: The inherent reason behind Indian reluctance, however, is not stubbornness but a sense of self which views itself as a pole in the international system, and not as a satellite state or a camp follower.
- India has a different position than two poles: India refuses to take sides because it views itself as a side whose interests are not accounted for by other camps or poles.
- India projects the multipolar world order: New Delhi’s constant exhortations of a multipolar world are also very much in tune with this thinking about itself as a pole in a multipolar world.
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India’s history of not taking the side (non-alignment)
- Historically different civilization: The origins of this thought can be found in the character of the country’s long struggle for independence; the pre- and post-Independence articulations of leaders such as Jawaharlal Nehru, Gandhiji, and Bal Gangadhar Tilak among others on international politics; the (not uncontested) primacy India inherited as the legatee state of the British empire in South Asia; India’s larger than life civilizational sense of self.
- Non-Aligned Movement (NAM) experiment: NAM have contributed to India’s desire for a unique foreign policy identity and a voice in the comity of nations. For much of its modern independent history, India’s foreign policy has been a unique experiment.
- Independent foreign policy: Historically, India’s view of itself as a pole is evident in the manner in which it used to pursue non-alignment for several decades after Independence. Some vestiges of this continue to inform India’s foreign policy to this day.
- Non-alignment is not a neutrality: It is also important to point out that India’s non-alignment is often misunderstood given that a number of foreign commentators and practitioners interpret it as neutrality. For India, however, non-alignment is not neutrality, but the ability to take a position on a given issue on a case-by-case basis.
How India asserts itself as a different pole in international affairs?
- No domination in south Asia: India has a different view of itself as a pole. It has not actively sought to dominate the South Asian regional subsystem even when it could.
- No alliance like NATO: Its balancing behaviour has been subpar, it has refused to build alliances in the classical sense of the term, or sought camp followers or allegiances. As a matter of fact, even its occasional balancing behaviour (for instance, the 1971 India-Soviet Treaty during the Bangladesh war) was contingent on emergencies.
- South Asia is not a Strategic periphery: It does believe it has a strategic periphery in South Asia where it has a natural claim to primacy.
- Doesn’t allow interference in south Asia: It discourages interference by other powers in that space.
- India speaks for global south: India often tends to speak for ‘underprivileged collectives’, physical (South Asia) or otherwise (NAM, developing nations, global south, etc. in varying degrees); and it welcomes the rule of law and regional order.
What should world learn from India’s position as a pole in itself?
- India as unique player in international system: India’s recent or past statements on issues of global importance be it Ukraine or Iraq, or the North Atlantic Treaty Organization’s aerial campaign in Serbia, or bringing climate change to the United Nations Security Council (UNSC) indicate that it tends to take positions that not just suit its interests but are also informed by its sense of being a unique player on the global stage.
- India as partner not cheerleader: Western powers must, therefore, treat India as a partner rather than as a cheerleader. They should mainstream India into global institutions such as the UNSC, and consult India rather than dictate to India which side to take.
Conclusion
- As India becomes the chair of the G20 and the SCO in 2022, it will further seek to assert itself as a major pole in the international system, and dissuade demands to follow one camp or another. Therefore, those wishing to work with India on the global stage must learn to deal with the ‘India pole’.
Mains Question

Q. Analyse the India’s policy of not taking the position of west or Russia on global issues. How India asserts itself as a different pole in international affairs?

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November 23, 2022
Draft Digital Personal Data Protection Bill, 2022
Context
- Ministry of Electronics and Information Technology released the Digital Personal data Protection Bill, 2022, on November 18.
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Background: Demand for the data surveillance reforms
- The journey towards a data protection legislation began in 2011 when the department of Personnel and Training initiated discussions on the Right to Privacy Bill, 2011.
- As per an Office Memorandum dated September 29, 2011, the then attorney General, Goolam Vahanvati, opined that conditions under which the government can carry out “interception of communication” should be spelt out in the Bill.
- The report of the group emphasized the need to examine the impact of the increased collection of citizen information by the government on the right to privacy. Since then, civil society organizations, lawyers and politicians have consistently demanded surveillance reform, highlighting how personal data can only be protected when the government’s power to conduct surveillance of citizens is meaningfully regulated.
Revoked version of Digital Personal data Protection Bill, 2022
- Eases cross-border data flows but wide-ranging powers to state agencies: The reworked version of the data protection Bill, released three months after the Govt withdrew an earlier draft, eases cross-border data flows and increases penalties for breaches. But it gives the Centre wide-ranging powers and prescribes very few safeguards.
- Delicate balance on privacy and restrictions: Officials at the Ministry of Electronics and IT (MeitY) have said the new draft strikes a delicate balance and factors in learning from global approaches, while staying aligned to the Supreme Court’s ruling on privacy as a fundamental right, but within reasonable restrictions.
- Seven principles of the Bill: The explanatory note accompanying the Bill elaborates on the seven principles it seeks to promote, including transparency, purpose limitation, data minimization, and preventing the unauthorized collection of personal data.
The surveillance architecture In India
- Main components: The surveillance architecture in India comprises mainly of Section 5(2) of the Indian Telegraph Act, 1885; Section 69 of the Information Technology Act, 2000; and the procedural rules promulgated under them.
- No clearly defined ground: No But this architecture does not meaningfully define the grounds under which, or the manner in which, surveillance may be conducted.
- No safeguards: It also does not contain safeguards such as ex-ante or ex-post facto independent review of interception directions.
- Lack of accountability: The concentration of power with the executive thus creates a lack of accountability and enables abuse. Evidence for this emerges not only from instances of political surveillance, but also from the slivers of transparency that accidentally emerge from telecom companies.
- Excessive surveillance: For instance, submissions by Airtel to the Telecommunications Department, as part of the public consultation process for the Indian Telecommunication Bill, reveal that excessive data collection requests are already a reality. Airtel has asked the government to share the costs it incurs to comply with the increasing demands from law enforcement agencies to carry out surveillance.
- Concerns over citizen data processing: Apart from outright surveillance, unfettered collection and processing of citizen data for other purposes, such as digital governance, raise concerns.
What are the concerns over the revoked version of the bill?
- No proposals for surveillance reform: All iterations of the data protection legislation since the draft Personal Data Protection Bill, 2019, the draft Data Protection Bill, 2021 and the 2022 Bill have no proposals for surveillance reform.
- Data processing without consent: Personal data can be processed even without the person’s consent. Blanket exemptions Like previous iterations, Clause 18(2) of the 2022 Bill allows the Union government to provide blanket exemptions for selected government agencies.
- Permits exemption to private entities: However, this Bill is more egregious than previous iterations as it permits exemption to private sector entities that may include individual companies or a class of them, by assessing the volume and nature of personal data under Clause 18(3).
- Exemptions without the purview of data protection: Under the new Bill in India, exempted state agencies and private entities will not be within the purview of the Data Protection Board, the body responsible for imposing penalties in case fiduciaries infringe privacy.
Data processing in other countries
- Exemptions on case by case and the rationale behind it: While the existing or proposed legislations in the European Union and in the U.S. permit security agencies to claim exemptions on a case-by-case basis, depending on why they are collecting personal data, they do not contain blanket exemption powers to an entire government entity.
- Meaningful state surveillance: Other jurisdictions exercise meaningful oversight over state surveillance. For instance, the Investigatory Powers Tribunal in the U.K. is authorized to hear complaints against misuse of surveillance powers and can impose monetary penalties in case of a breach.
Conclusion
- The preamble to the 2022 Bill states that the purpose is to protect the personal data of individuals and to ensure that personal data is processed only for lawful purposes. However, blanket exemptions for state agencies alongside private entities raise untold concerns, which need to be addressed on a war footing.
Mains question

Q. What do you understand by data surveillance? It is said the Data surveillance architecture in India lacks accountability and transparency. Analyze.

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November 23, 2022
Union Health Ministry rolls out India’s 1st Suicide Prevention Policy
The Ministry of Health and Family Welfare announced a National Suicide Prevention Strategy, the first of its kind in the country.

What is Suicide?
- Suicide is the act of intentionally causing one’s own death.
- Mental and physical disorders, substance abuse, anxiety and depression are risk factors.
- Some suicides are impulsive acts due to stress (such as from financial or academic difficulties), relationship problems (such as breakups or divorces), or harassment and bullying.
- Despite being entirely preventable, India has been increasingly losing individuals to suicide.
Why need such strategy?

Ans. Suicides in India
- The burden of deaths by suicide has increased in India — by 7.2 per cent from 2020 — with a total of 1,64,033 people dying by suicide in 2021.
- In India, more than one lakh lives are lost every year to suicide, and it is the top killer in the 15-29 years category.
- In the past three years, the suicide rate has increased from 10.2 to 11.3 per 1,00,000 population, the document records.
- The most common reasons for suicide include family problems and illnesses, which account for 34% and 18% of all suicide-related deaths.
- The report follows a 2021 Lancet study that noted “India reports the highest number of suicide deaths in the world”.
About the National Suicide Prevention Strategy

The NSPS puts a time-bound action plan and multi-sectoral collaborations to achieve reduction in suicide mortality by 10% by 2030. The strategy broadly seeks to establish-
1. Effective surveillance mechanisms for suicide within the next three years,
2. Establish psychiatric outpatient departments that will provide suicide prevention services through the District Mental Health Programme in all districts within the next five years, and
3. Integrate a mental well-being curriculum in all educational institutions within the next eight years.
The strategy also envisages:
1. Developing guidelines for responsible media reporting of suicides and
2. Restricting access to means of suicide
Significance of the strategy
- The most important thing is that the government has acknowledged that suicide is a problem.
- We now have a well-conceived plan involving multi-sectoral collaborations, because the only way a strategy would work would be to involve various sectors.
- The strategy should now be passed on to the States for them to develop locally relevant action plans; and then cascade to the district, primary health and community levels.
Why suicide is such a big issue?
- More youth committing: For the youth of the country (15-29 years), among whom 1/3rd of all suicides take place.
- Performance pressure: Data suggests that one student dies by suicide every 55 minutes, and 1,129 suicides among children below 18 years of age in 2020 were due to failure in examinations.
- Farm distress: This is followed by farmer’s suicide and the gendered variance observed these days.
- Gendered variances: More women are committing suicides these days.
Way forward
- Holistic approach: Promoting national and sectoral research into the reasons for suicide mortality and its rise, and making culturally and economically appropriate suggestions to help mitigate the problem is critical.
- Counselling by mass-media: During times of distress, media must promote health-seeking behaviour, correct information and counter the possible myths related to suicide.
- Evidence-based interventions: Keep in mind the needs of the most vulnerable and marginalized populations, like women and young individuals, providing the required support systems can reduce the number of lives lost and build a healthier response system.
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November 22, 2022
The curious case of Fiscal Federalism in India
Context
- NITI Aayog has not taken any major steps since its constitution to promote cooperative federalism. Contrary to its public statements on promoting cooperative federalism, the Government of India has been accused of doing exactly the opposite. The following instances clearly demonstrate as to how the central government’s policies have undermined the spirit of federalism and eroded the autonomy of the States.
Why the states are angry over hypocrisy of the Centre?
- Centre raises off budget borrowings states are restricted: The borrowings by corporations against State guarantees are mostly used for capital investment. The Centre has also been raising off Budget borrowings but mainly for meeting revenue expenditure.
- CAG report on extra budgetary resources: The Comptroller and Auditor General of India (C&AG) Report on the Compliance of FRBM Act for 2017-18 and 2018-19 pointed out as many as eight instances of meeting revenue expenditure through Extra Budgetary Resources (EBR).
- Unjustified limitations on states: Revenue expenditure met through EBR by the Centre amounted to ₹81,282 crore in 2017-18 and ₹1,58,107 crore in 2018-19. Such borrowings were not reflected in the Budget of the central government. In view of this, treating off Budget borrowings of State corporations as States’ borrowings retrospectively is totally unjustified.
Unhappiness about the grants by the finance commission’s recommendations?
- Special grants are not given to states: The Fifteenth Finance Commission, in its first report, had recommended a special grant to three States amounting to ₹6,764 crore to ensure that the tax devolution in 2020-21 in absolute terms should not be less than the amount of devolution received by these States in 2019-20. This recommendation was not accepted by the Union Government.
- Nutritional grants are accepted: the recommendation relating to grants for nutrition amounting to ₹7,735 crore was not accepted.
- Grants to states are refused by the Centre: A similar approach has been followed by the Union Government with regard to grants to States recommended by the Finance Commission for the period 2021-26.
- Sector and state specific grants: The sector specific grants and State specific grants recommended by the Commission amounting to ₹1,29,987 crore and ₹49,599 crore, respectively, have not been accepted. This clearly demonstrates that the Union Government has undermined the stature of the institution of the Finance Commission and cooperative federalism.
How borrowing of the states is controlled by the Centre?
- Changes in off budget borrowing norms: decision to treat off Budget borrowings from 2021-22 onwards serviced from the State budgets as States’ borrowings and adjusting them against borrowing limits under Fiscal Responsibility and Budget Management (FRBM) in 2022-23 and following years is against all norms.
- No recommendations by finance commission: This is the first time that the Government of India is proposing to treat off Budget borrowings as government borrowings retrospectively from 2021-22. The Government of India has indicated that such a decision is in accordance with the recommendation of the Finance Commission. In fact, there is no recommendation to this effect by the Fifteenth Finance Commission. The Finance Commission recommended that governments at all tiers may observe strict discipline by resisting any further additions to the stock of off Budget transactions.
- No amendment to FRBM act: It observed that in view of the uncertainty that prevails now, the timetable for defining and achieving debt sustainability may be examined by a high-powered intergovernmental group and that the FRBM Act may be amended as per the recommendations of this group to ensure that the legislations of the Union and the States are consistent. No such group has been appointed so far by the Centre.
Cess and Surcharge- A tool to raise revenue for Centre not available to the states
- Rising share of cess and surcharges: The government has been resorting to the levy of cesses and surcharges, as these are not shareable with the States under the Constitution. The share of cesses and surcharges in the gross tax revenue of the Centre increased from 13.5% in 2014-15 to 20% in the Budget estimates for 2022-23.
- States don’t get all share in divisible pool: Though the States’ share in the Central taxes is 41%, as recommended by the Fifteenth Finance Commission, they only get a 29.6% share because of higher cesses and surcharges.
- Undermining the purpose of cess: The C&AG in its Audit Report on Union Government Accounts for 2018-19 observed that of the ₹2,74,592 crore collected from 35 cesses in 2018-19, only ₹1,64,322 crore had been credited to the dedicated funds and the rest was retained in the Consolidated Fund of India. This is another instance of denying States of their due share as per the constitutional provisions.
- Increasing centrally sponsor scheme and burden on state: Committee after committee appointed by the Government of India has emphasised the need to curtail the number of Centrally Sponsored Schemes (CSS) and restrict them to a few areas of national importance. But, what the Government of India has done is to group them under certain broad umbrella heads (currently 28). In addition, in 2015, the Centre increased the States’ share in a number of CSS, thereby burdening States. Most of the CSS are operated in the subjects included in the State list. Thus, States have lost their autonomy.
- NITI Aayoge recommendations are not accepted: The Sub-Committee of Chief Ministers appointed by NITI Aayog has recommended a reduction in the number of schemes and the introduction of optional schemes. These recommendations have not been acted upon.
Conclusion
- Finance commission is balancing wheel of fiscal federalism. Share of states in central taxes may have increased but cess and surcharges have also increased. Off budget borrowing on states can lifted provided should reduce the unnecessary freebies in the state budget.
Mains Question

Q. Fiscal federalism is tilted in favour of Centre. Elaborate. How Cess and surcharges are discriminatory against the state governments?

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November 21, 2022
Quasi-Judicial Bodies
Context
- There is a class of quasi-judicial agencies that are not discussed in conversations on the pendency of cases. Their failure to administer speedy justice leads to harassment of citizens, besides abetting criminal activity by unscrupulous elements.
What are the quasi-judicial bodies
- Role of adjudicating the law: A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
- Not a court of law: It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law. For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
- Some examples of Quasi-Judicial Bodies: Election Commission of India, National Green Tribunal, Central Information Commission (CIC), Lok Adalat etc.
Functioning of quasi-judicial bodies
- Supervise the administrative disputes: They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies.
- Lessen the burden on courts: These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law.
- Limited role of adjudication: Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation.
- Rules of justice are pre-determined: Awards and judgements of quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed.
- Its award can be challenged in court: Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.
Problems faced by quasi-judicial authorities
- Understaffing of bodies: The maladies that these agencies suffer from are far graver than judicial set-ups, as they are staffed by revenue authorities who have several other functions. Usually, many of these offices are understaffed.
- More administrative and less judicial work: Their engagement with duties such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
- Limited access to records: Their access to court clerks and record keepers is limited. Computers and video recorders are not available in many of these courts. Only a few states such as Maharashtra, Madhya Pradesh and Rajasthan have electronic platforms for supporting activities such as the filing of cases, publication of cause lists and sending summons.
- Lack of knowledge about procedures: Several of the presiding officers lack proper knowledge of law and procedures which has landed many a civil servant in deep trouble in sensitive matters such as those related to arms licences.
- Data is unavailable: Data on the level of pendency or the speed of disposal is not compiled in many states. This is why there is scarcely any attempt to increase staff strength. There is hardly any public scrutiny say by the press or legislature.
How to improve the functioning of Quasi-judicial bodies?
- Priority of the government: The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
- Collection of data is must: Detailed data on the functioning of these agencies must be collected and published from time to time at least annually.
- Digitization of judicial data: An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons, movement of case records between courts, issuing copies of the judgments and so on.
- Mandatory annual inspection: annual inspections of the subordinate courts should be made mandatory. This should be an important indicator for assessment by the superior authority.
- Study on functioning of this bodies: Interdisciplinary research on the functioning of these courts should be encouraged. This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
- Time to time training of authorities: Regular training and orientation of the adjudicating authorities should be taken up from time to time.
- State performance index should be published: The state index of performance of these quasi-judicial courts be made and published.
- Online publication of awards by authorities: Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
- Rigorous induction training: More rigorous induction training of officials handling judicial work would help. The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
- Procedural reforms: Procedural reforms such as minimizing adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by these adjudicating bodies.
Conclusion
- Quasi-judicial bodies form the substantial institutions of judicial system. It is regularly side-lined when we talk about the judicial reforms. If we could make our quasi-judicial bodies function properly and efficiently, it will reduce the burden on High courts and Supreme court.
Mains Question

Q. Why the quasi-judicial bodies are underperforming in India? Which steps are needed to improve the functioning of quasi-judicial bodies?

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November 21, 2022
Arun Goel appointed as Election Commissioner
Former secretary of the Ministry of Heavy Industries Arun Goel has been appointed as the Election Commissioner.

About Election Commission of India (ECI)
- The ECI is a constitutional body was established by the Constitution of India to conduct and regulate elections in the country.
- Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections.
- The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils and the offices of the President and Vice President of the country.
- Thus, the Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments.
- The Election Commission operates under the authority of Constitution per Article 324 and subsequently enacted Representation of the People Act.
Composition of ECI
- The ECI was established in 1950 and originally only had one Chief Election Commissioner.
- Two additional Commissioners were appointed to the commission for the first time during the 1989 General Election, but they had a very short tenure, ending on 1 January 1990.
- The Election Commissioners are assisted by Deputy Election Commissioners, who are generally IAS officers.
- They are further assisted by Directors General, Principal Secretaries, and Secretaries and Under Secretaries.
- At the state level, Election Commission is assisted by the Chief Electoral Officer of the State, who is an IAS officer of Principal Secretary rank.
- At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work.
Tenure
- The tenure of election commissioners is not prescribed by Indian Constitution.
- However, the Election Commission conduct of service Act, 1991 prescribes the term of service.
- Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years, or up to the age of 65 years, whichever is earlier, from the date on which he/she assumes his/her office.
Removal from office
- The Chief Election Commissioner of India can be represented removed from their office in a manner similar to the removal of a judge of the Supreme Court of India.
- It requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.
- Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.
- A Chief Election Commissioner has never been impeached in India.
Recent incidence of criticisms of ECI

Ans. Partiality in Elections
- Over the last couple of years, several actions and omissions of the commission have come in for criticism.
- Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
- They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.
Importance of ECI for India
- Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
- Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
- Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
- Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
  equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
- Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.
Issues with ECI
- Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
- No security of tenure: Election commissioners aren’t constitutionally protected with security of tenure.
- Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
- Political favor: The opposition alleged that the ECI was favoring the ruling party by giving clean chit to the model code of conduct violations made by the PM.
- Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.
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November 21, 2022
Principles of Financial Consumer Protection
Context
- Earlier this year, the G20/OECD released a draft of the proposed revisions to their 2011 High-level Principles on Financial Consumer Protection. As India takes over G20 presidency in December, it must lead others by example and adopt the revised principles, especially since the global financial markets are headed for a stormy future.
What is Financial Consumer Protection (FCP)?
- Financial consumer protection encompasses the laws, regulations, and institutional arrangements that safeguard consumers in the financial marketplace. It includes technical guidance, country reports, and tools for policymakers, regulators, development partners and other experts.
Background of Financial Consumer Protection
- 10 thematic areas: The 2011 principles covered 10 thematic areas reflecting the market and consumer issues, including equitable and fair consumer treatment, disclosures and transparency, and financial education.
- Two additional principles included: In October, the fourth finance ministers and central bank governors meeting endorsed these principles. In 2022, two additional principles were included access and inclusion and quality financial products.
- Recommendation for intervention: The updated principles also recommend intervention by regulators in certain high-risk products, cultivating appropriate firm culture and using behavioral insights to better consumer outcomes.
- These principles deal with three cross-cutting themes
1. Financial well-being,
2. Digitalization and
3. Sustainable finance.
Financial well-being under Financial Consumer Protection
- Individual financial well-being: OECD’s working definition of “individual financial well-being” refers to being in control, feeling secure and having freedom about one’s own current and future finances.
- Easy disclosure to consumers: An effective FCP regime must ensure adequate and easy to understand disclosures to consumers. However, an information dump for mere compliance defeats this purpose, especially in India where financial literacy is not pervasive.
- Risk profiling by service provider: Regulators such as SEBI prescribe certain financial service providers to assess customer suitability and undertake risk profiling before providing services.
- India does not recognize this theme: At present, India does not recognise this concept. Going forward, faced with challenges like financial illiteracy and economic hardship, it may be worth considering.
Digitization under FCP
- Increasing digital channels in financial domain: FCP must factor in the increasing number of digital channels consumers use to interact with financial products and services and the impact of greater use of artificial intelligence and other emerging technologies.
- Guideline on digital lending by RBI: In September, the RBI released guidelines on digital lending, mandating entities providing digital lending services to have a grievance redress officer, assess a borrower’s creditworthiness before extending credit, and allow a borrower to exit without penalty.
- Poor grievance redressal: Additionally, there are concerns regarding redress of grievances against payment service providers in the UPI ecosystem. With the rising number of UPI transactions and the largely unregulated status of cryptocurrencies, FCP will continue to be relevant.
Sustainable finance under FCP
- Multi-dimensional approach: There is growing consumer demand for sustainable financial investments. Financial services providers are incorporating environmental, social and governance factors into their operations, products and services.
- Transparency is must: FCP recommends improved transparency to help consumers make informed choices.
- BRSR by SEBI: SEBI has transitioned from “business responsibility reporting” to “business responsibility and sustainability reporting” (BRSR) to promote responsible corporate governance vis-à-vis climate change.
- Mandatory disclosure by BRSR: Eligible companies under BRSR must provide certain disclosures, including a sustainability performance report. This allows investors to make an informed decision. Similar disclosures must be introduced in other market segments.
Conclusion
- The RBI’s financial inclusion index shows that an increasing number of people are entering financial markets. FCP is central to ensuring that they continue to stay. The current regulatory landscape is sectoral and fragmented, resulting in regulatory arbitrage, as witnessed in the case of digital gold. Regulators must take a coordinated approach to protect consumers.
November 19, 2022