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GS Paper: GS2

  • Postal ballot for NRIs being contemplated

    Chief Election Commissioner, during a recent visit to South Africa and Mauritius, urged Non-Resident Indians (NRIs) to register as overseas electors and told them that a proposal on postal ballots for NRIs was being contemplated by the Election Commission of India.

    Why in news now?

    • CECs interactions with NRIs came after Union Law Minister informed the Lok Sabha in March that the government was exploring the possibility of allowing online voting for NRIs.
    • The ECI had written to the Law Ministry in 2020 proposing that NRIs be allowed to vote through postal ballots, following which the matter has been under consideration by the government.
    • The ECI at present allows NRIs to register as overseas electors as long as they have not acquired the citizenship of another country.
    • They have to reach their respective polling booths to cast their votes in person on voting day.

    Classification of Overseas Indians

    Overseas Indians, officially known as Non-resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth, descent or origin who live outside the Republic of India:

    (A) Non-Resident Indian (NRI)

    • Strictly asserting non-resident refers only to the tax status of a person who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Act.
    • The rates of income tax are different for persons who are “resident in India” and for NRIs.

    (B) Person of Indian Origin (PIO)

    Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and/or Nepal), who:

    • at any time held an Indian passport OR
    • either of their parents/grandparents/great-grandparents were born and permanently resident in India as defined in GoI Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries OR
    • is a spouse of a citizen of India or a PIO.

    (C) Overseas Citizenship of India (OCI)

    • After multiple efforts by leaders across the Indian political spectrum, a pseudo-citizenship scheme was established, the “Overseas Citizenship of India”, commonly referred to as the OCI card.
    • The Constitution of India does not permit full dual citizenship.
    • The OCI card is effectively a long-term visa, with restrictions on voting rights and government jobs.

     

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  • Maldives bans ‘India Out’ Campaign

    Maldivian President Ibrahim Mohamed Solih issued a decree banning the ‘India Out’ campaign, now led by former President Abdulla Yameen, terming it a “threat to national security”.

    The India-Out Campaign

    • Maldivian protesters recently demanded the Solih administration to ‘stop selling national assets to foreigners’, implying India.
    • ‘India Out’ campaign in Maldives had started sometime last year as on-ground protests in the Maldives and later widely spread across social media platforms under the same hashtag.
    • It is not related to people-to-people conflict (Indian diaspora) but is discontent on close relationship between Maldivian government & India.

    Causes for the anti-India sentiments

    • Political instability: The anti-India sentiment is nearly a decade old and can be traced back to when Abdulla Yameen Abdul Gayoom became president in 2013. He used anti-India sentiments for his political mobilization and started tilting China.
    • Controversy over helicopter gift: Two Dhruv Advanced Light Helicopters (ALF) that were given by India to the Maldives for ocean search-and-rescue operations. Opposition tried to portray this as military presence in the country.
    • Confidential agreements: Most agreements being signed between the Ibrahim Solih government and India are backdoor and has not been publicly discussed in the Maldives Parliament.
    • Alleged interference in domestic politics: India being a big neighbour, there are unsubstantiated perceptions & allegations on Indian Diplomats stationed in Maldives interfering in Domestic affairs.

    Restoration of ties

    • Ibrahim Mohamed Solih who became President in 2018 has restored Maldives close ties with India.

    India-Maldives Relations: A backgrounder

    • India and Maldives are neighbors sharing a maritime border.
    • Both nations established diplomatic relations after the independence of Maldives from British rule in 1966.
    • India was one of the first nations to recognize Maldives’ independence.
    • Since then, India and Maldives have developed close strategic, military, economic and cultural relations.
    • Maldivians generally regard Indians and India as a friend and trusted neighbor in the field economic, social and political.

    Major irritants in ties

    • Political Instability: India’s major concern has been the impact of political instability in the neighborhood on its security and development.
    • Increasing radicalization: In the past decade or so, the number of Maldivians drawn towards terrorist groups like the Islamic State (IS) and Pakistan-based jihadist groups has been increasing.
    • Inclination towards terror: Radicalism in the island nation has increased the possibility of Pakistan-based terror groups using remote Maldivian islands as a launch pad for terror attacks against India and Indian interests.
    • Chinese affinity: China’s strategic footprint in India’s neighborhood has increased. The Maldives has emerged as an important ‘pearl’ in China’s “String of Pearls” construct in South Asia.

    Recent gestures by India

    [1] 2014 Malé drinking-water crisis

    • In the wake of a drinking water crisis in MalĂ© in December 2014, following collapse of the island’s only water treatment plant, Maldives urged India for immediate help.
    • India came to rescue by sending its heavy lift transporters like C-17 Globemaster III, Il-76 carrying bottled water.

    [2] 2020 Covid-19 crisis

    • During the COVID-19 crisis of 2020, India extended help to Maldives in the form of financial, material and logistical support.
    • Also, the IAF airlifted 6.2 tonnes of essential medicines and hospital consumables to Maldives, as part of ‘Operation Sanjeevani’.

    [3] Greater Male Connectivity Project

    • India has recently announced the signing of a $500-million infrastructure project for the construction of the Greater MalĂ© Connectivity Project (GMCP).
    • This infrastructure project, the largest-ever by India in the Maldives, involves the construction of a 6.74-km-long bridge and causeway link.

    Why is Maldives significant for India?

    • Increasing maritime cooperation: As maritime economic activity in the Indian Ocean has risen dramatically in recent decades, the geopolitical competition too in the Indian Ocean has intensified.
    • Toll Gate in Indian Ocean: It is situated at the hub of commercial sea-lanes running through the Indian Ocean. More than 97% of India’s international trade by volume and 75% by value passes through the region.
    • Naval cooperation: Maldives is an important partner in India’s role as the net security provider in the Indian Ocean Region.
    • Important SAARC member: Besides, Maldives is a member of the South Asian Association for Regional Cooperation (SAARC) and the South Asia Subregional Economic Cooperation (SASEC).
    • People To People Contact: There is a significant population of Maldivian students in India. They are aided by a liberal visa-free regime extended by India. There is also medical tourism.
    • Major destination for Tourists: Tourism is the mainstay of the Maldivian economy. The country is now a major tourist destination for some Indians and a job destination for others.

    Conclusion

    • There is a significant Indian diaspora in the Maldives. Innumerable Indians work across the hospitality, education, and health-care sectors of the Maldives economy.
    • India must use its Diaspora more extensively for strengthening its relations.

     

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  • Freebies model of Governance

    Context

    Against the backdrop of promises of freebies in Punjab, this article deals with the harm caused by such freebies to the economy, life quality and social cohesion in the long run.

    Macroeconomic stability of the Union and the States

    • India is a Union of states. It is not a confederation of states.
    • The Union is indestructible.
    • The Union, therefore, is integral to both the Centre and the states.
    • The strength of the Centre lies in the strength of the states.
    • Therefore, the macroeconomic stability of the Union is contingent on the macroeconomic stability of both the Centre and states.

    The complex issue of freebies

    • There is great ambiguity in what “freebies” mean.
    • Merit goods Vs. Public goods: We need to distinguish between the concept of merit goods and public goods on which expenditure outlays have overall benefits.
    • Examples of this are the strengthening and deepening of the public distribution system, employment guarantee schemes, support to education and enhanced outlays for health, particularly during the pandemic.
    • All over the world, these are considered to be desirable expenditures.
    • Freebies could be expensive? It’s not about how cheap the freebies are but how expensive they are for the economy, life quality and social cohesion in the long run.

    Issues with the culture of competitive freebie politics

    1] It affects macroeconomic stability

    • Freebies undercut the basic framework of macroeconomic stability.
    • The politics of freebies distorts expenditure priorities.
    • Outlays are being concentrated on subsidies of one kind or the other.
    • Illustratively, in the case of Punjab, while estimates vary, some have speculated that the promise of freebies might cost around Rs 17,000 crore.
    • As we know, the debt-to-GDP ratio of Punjab is already at 53.3 per cent for 2021-22, which would worsen on account of these new measures.

    2] Distortion of expenditure priorities

    • Take, for instance, the change to the new contributory pension scheme from the old scheme, which had a fixed return.
    • Rajasthan announced that it would revert to the old pension scheme.
    • This decision is regressive as the move away from the old scheme was based on the fact that it was inherently inequitable.
    • The pension and salary revenues of Rajasthan amount to 56 per cent of its tax and non-tax revenues.
    • Thus, 6 per cent of the population, which is made up of civil servants, stands to benefit from 56 per cent of the state’s revenues.
    • Intergenerational inequality: This is fraught with dangers not only of intergenerational inequality, but also affects the broader principles of equity and morality.

    3] Increases social inequality

    • The issue of intergenerational equity leads to greater social inequalities because of expenditure priorities being distorted away from growth-enhancing items.

    4]  It affects the environment

    • When we talk of freebies, it is in the context of providing, for example, free power, or a certain quantum of free power, water and other kinds of consumption goods.
    • This distracts outlays from environmental and sustainable growth, renewable energy and more efficient public transport systems.

    5]  The distortion of agricultural priorities

    • The depleting supply of groundwater is an important issue to consider when speaking of freebies pertaining to free consumption goods and resources.

    6] Effect on the future of manufacturing

    • Lower the quality of competitiveness: Freebies lower the quality and competitiveness of the manufacturing sector by detracting from efficient and competitive infrastructure enabling high-factor efficiencies in the manufacturing sector.

    7] Subnational bankruptcy

    • Freebies bring into question market differentiation between profligate and non-profligate states and whether we can have a recourse mechanism for subnational bankruptcy.

    Way forward

    • The race to the bottom implies government deregulation of markets and business.
    • We must strive instead for a race to efficiency through laboratories of democracy and sanguine federalism where states use their authority to harness innovative ideas and solutions to common problems which other states can emulate.

    Consider the question “What are the challenges in dealing with the competitive freebies politics? What are its drawbacks?”

    Conclusion

    The economics of freebies is invariably wrong. It is a race to the bottom. Indeed, it is not the road to efficiency or prosperity, but a quick passport to fiscal disaster.

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  • The Delhi MCA Act and the spirit of federalism

    Context

    Recently, both Houses of Parliament passed the Delhi Municipal Corporation (Amendment) Act, 2022, to unify the trifurcated Delhi Municipal Corporations.

    Background of the trifurcation

    • The split-up was first proposed in the 1987 Balakrishnan Committee Report which was bolstered in the 2001 Virendra Prakash Committee Report.
    • The proposal finally took shape in 2011 and the law to trifurcate was enacted.
    • A seven-member Delhi Legislative Assembly Panel was set up in 2001 to study the recommendations and suggest modalities.
    • Trifurcation in 2011: The proposal finally took shape in 2011 and the law to trifurcate was enacted.

    Changes introduced by the amendment

    • The law provides that the power to determine the number of wards, extent of each ward, reservation of seats, number of seats of the Corporation, etc. will now be vested in the Central government. 
    • The number of seats of councillors in the Municipal Corporations of Delhi is also to be decided now by the Central government.
    • By exercising that very power, the number of councillors to the Municipal Corporations of Delhi has been reduced from 272 to 250.
    • The Central government has also taken over powers from the State to decide on matters such as ‘salary and allowances, leave of absence of the Commissioner, the sanctioning of consolidation of loans by a corporation, and sanctioning suits for compensation against the Commissioner for the loss or waste or misapplication of municipal fund or property

    Issues with the changes made

    • The Central government’s line is that the amendment has been passed as in Article 239AA of the Constitution, which is a provision that provides for special status to Delhi.
    • No consultation with Delhi govt.-The large-scale changes by the Central government has been done without any consultation with the Delhi government.
    • Not in line with  Part IXA of the Constitution:  Part IXA specifically states that it will be the Legislature of the State that will be empowered to make laws concerning representation to the municipalities.
    • Part IXA is a specific law while Article 239AA is general law: The argument of the Centre that Article 239AA can be applied over and above Part IXA of the Constitution does not hold good as the latter is a specific law that will override the general law relatable to Article 239AA.
    • Against the federalism: In State of NCT of Delhi vs Union of India judgment the Supreme Court held, “The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments.”
    • It was made clear that the aid and the advice of the State government of Delhi would bind the decision of the Lieutenant General in matters where the State government has the power to legislate.
    • No doubt, the amendment to the Delhi Municipal Corporation Act, 1957 will lead to further litigation on the aspect of a sharing of powers between the State of NCT of Delhi and the Central government.

    Conclusion

    The interference of the Centre in matters such as municipal issues strikes a blow against federalism and the celebrated Indian model of decentralisation.

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  • [pib] UDAN Scheme awarded PM Award for Excellence in Public Administration

    The Ministry of Civil Aviation’s flagship Regional Connectivity Scheme UDAN (Ude Desh ka Aam Nagrik) has been awarded Prime Minister’s Award for Excellence in Public Administration this year.

    What is UDAN Scheme?

    • The Ude Desh Ka Aam Nagrik (UDAN) scheme is a low-cost flying scheme launched with the aim of taking flying to the masses.
    • The first flight under UDAN was launched by the PM in April 2017.
    • It is also known as the regional connectivity scheme (RCS) as it seeks to improve air connectivity to tier-2 and tier-3 cities through revival of unused and underused airports.

    Working of the Scheme

    • Airlines are awarded routes under the programme through a bidding process and are required to offer airfares at the rate of â‚č2,500 per hour of flight.
    • At least 50% of the total seats on an aircraft have to be offered at cheaper rates.
    • In order to enable airlines to offer affordable fares they are given a subsidy from the govt. for a period of three years.

    Success of the scheme

    • In a short span of 5 years, today 419 UDAN routes connect 67 underserved/unserved airports, including heliports and water aerodromes, and over 92 lakh people have benefited from it.
    • More than 1 lakh 79 thousand flights have flown under this scheme.
    • UDAN scheme has immensely benefitted several sectors pan-India including Hilly States, North-Eastern region, and Islands.
    • The scheme also led to development of new Greenfield Airports such as Pakyong near Gangtok in Sikkim, Tezu in Arunachal Pradesh, and Kurnool in Andhra Pradesh.
    • Krishi UDAN Scheme launched in August 2020, on international and national routes has assisted farmers in transporting agricultural products.

    Issues with the working

    • Discontinuance: In reality, some of the routes launched have been discontinued as most of the routes awarded under UDAN are not active.
    • On-paper Ambitions: UDAN was expanded to provide improved connectivity to hilly regions and islands through helicopters and seaplanes. However, they mostly remain on paper.
    • The reasons include:
    1. Failure to set up airports or heliports due to lack of availability of land
    2. Airlines unable to start flights on routes awarded to them or finding the routes difficult to sustain
    3. Adverse impact of the COVID-19 pandemic

    Various challenges

    • Lack of funds: Many small airlines await infusion of funds, to be able to undertake maintenance of aircraft, pay rentals to lessors, give salaries to its staff, etc.
    • Maintenance issue: Many players don’t have more than one or two planes and they are often poorly maintained. New planes are too expensive for these smaller players.
    • Availability of pilots: Often, they also have problems with the availability of pilots and are forced to hire foreign pilots which costs them a lot of money and makes the business unviable.
    • Competition: Only those routes that have been bagged by bigger domestic players such as IndiGo and SpiceJet have seen a better success rate.

    Way forward

    • The govt offers subsidies for a route for a period of three years and expects the airline to develop the route during this time so that it becomes self-sufficient.
    • Airlines need an extension of the subsidy period for their operational continuity.
    • Due to the rise in COVID cases, travel restrictions and passenger safety too needs to be taken into consideration in the loss-making of such airlines.

     

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  • Explained: Integrated Command and Control Centres (ICCCs)

    The Union Housing and Urban Affairs Minister has announced that 80 Integrated Command and Control Centres (ICCCs), an integral component of the Smart Cities Mission, have already been set up.

    What is the Smart Cities Mission?

    • The Smart Cities Mission aims at developing 100 cities, which were shortlisted, into self-sustainable urban settlements.
    • The mission was launched on June 25, 2015 and was projected as one aimed at transforming the process of urban development in the country.
    • Among its strategic components is ‘area-based development’, which includes city improvement (retrofitting), city renewal (redevelopment) and city extension (greenfield development), plus a pan-city initiative in which ‘smart solutions’ are applied covering larger parts of the city.

    Focus areas

    • Key focus areas of the scheme include the construction of walkways, pedestrian crossings, cycling tracks, efficient waste-management systems, integrated traffic management and assessment.
    • The scheme also assesses various indices to track urban development such as the Ease of Living Index, Municipal Performance Index, City GDP framework, Climate-Smart Cities assessment framework, etc.

    What is an Integrated Command and Control Centre?

    • The Smart Cities Mission includes setting up ICCCs for each such city as a vital step.
    • These ICCCs are designed to enable authorities to monitor the status of various amenities in real time.
    • Initially aimed at controlling and monitoring water and power supply, sanitation, traffic movement, integrated building management, city connectivity and Internet infrastructure, these centres have since evolved to monitor various other parameters.
    • The ICCCs are now also linked to the CCTNS (Crime and Criminal Tracking Networks and Systems) network under the Ministry of Home Affairs.
    • The ICCC acts of a smart city acts as a “nerve centre” for operations management. It processes a complex and large pool of data sets at an aggregated level.
    • It is the nodal point of availability of all online data and information relating to smart services included in a smart city, such as like LED street lighting, CCTV surveillance cameras, air quality sensors, etc.

    How did the ICCCs help in management of Covid-19?

    • During the pandemic, they also served as war-rooms for Covid-19 management.
    • During the peak of the first wave, when countries were struggling to figure out ways of combating the virus, the government used the ICCCs as war-rooms for managing the outbreak, with real-time surveillance and monitoring of districts across the country.
    • Converted into war-rooms, the smart cities’ ICCCs used the central data dashboard and provided information about the status of Covid-positive cases in various administrative zones of these cities, officials aware of the exercise said.
    • The war-rooms were also used for tracking people under quarantine and suspected Covid-19 cases.

    What is the current status of the Smarts Cities Mission?

    • The ambitious project, announced by Prime Minister Narendra Modi in 2015, had an initial deadline of 2021 for the first lot of 20 smart cities out of the 100 selected.
    • Although the project was announced in 2015, the cities were selected over a period of two years between 2016 and 2018, each with a deadline of completion within five years from the time of their selection.
    • On the recommendation of NITI Aayog, the timeline was extended last year until 2023 due to delays caused by the pandemic.
    • According to current Ministry data, the SCM has so far covered over 140 public-private partnerships), 340 ‘smart roads’, 78 ‘vibrant public places’, 118 ‘smart water’ projects and over 63 solar projects.

    What next?

    • The Ministry of Housing and Urban Affairs has begun work to finalise its recommendation for providing ICCCs as a service to states and smaller cities.
    • The Ministry aims to finalise an ICCC model and implement a pilot project across six major states — Uttar Pradesh, Maharashtra, Karnataka, Madhya Pradesh, Rajasthan and Tamil Nadu.

     

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  • Demolition drives violate international law

    Context

    Communal clashes broke out during Ram Navami processions in several parts of the country including at Khargone in Madhya Pradesh. Subsequently, the Madhya Pradesh government bulldozed the houses of those who were allegedly involved in rioting.

    Right to housing

    • Fundamental right under Article 21: The right to housing is not only a fundamental right recognised under Article 21 of the Indian Constitution, it is also a well-documented right under the international human rights law framework, which is binding on India.
    • Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.
    • Likewise, Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living condition.
    • The rights recognised under ICESCR, according to Article 4, can be restricted by States only if the limitations are determined by law in a manner compatible with the nature of these rights and solely to promote society’s general welfare.
    • Besides, international law also prohibits arbitrary interference in an individual’s right to property.
    • For instance, Article 12 of the UDHR states that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation”.
    • Article 12 also stipulates that “everyone has the right to the protection of the law against such interference or attacks”.
    • This same right is also provided under Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

    Protection against Forced eviction

    • According to the UN Human Rights Office, an integral element of the right to adequate housing is ‘protection against forced evictions’.
    • The UN Human Rights Office defines ‘forced evictions’ as ‘permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection’.

    Way forward

    • The apex court in cases like Bachan Singh vs State of Punjab, Vishaka vs State of Rajasthan, and recently in the famous Puttaswamy vs Union of India has laid down the principle that the fundamental rights guaranteed under the Constitution must be read and interpreted in a manner which would enhance their conformity with international human rights law.
    • It is high time that the judiciary acted and imposed necessary checks on the unbridled exercise of power by the executive.

    Conclusion

    The bulldozing of the houses of the alleged rioters amounts to forced eviction and arbitrary interference with an individual’s home.

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  • Towards a peaceful, stable Northeast

    Context

    Progress in settling border disputes, removal of AFSPA herald positive changes in the region.

    Significant development for restoring normalcy in the region

    • Efforts to address the issues of the Northeast have been moving according to a strategic plan which is premised on three objectives —
    • 1] Ending all disputes.
    • 2] Ushering in economic progress and taking the region’s contribution to GDP back to its pre-Independence levels,
    • 3] making efforts to maintain and preserve the region’s languages, dialects, dance, music, food, and culture and make it attractive for the whole country.
    • In this regard, two recent developments are significant:
    • On March 29, the Assam and Meghalaya chief ministers signed an agreement to resolve the five-decade-old border dispute.
    • The Union home ministry (MHA) decided to reduce the disturbed areas under the Armed Forces (Special Powers) Act (AFSPA) in Assam, Nagaland and Manipur after decades.

    Progress on the border disputes

    • As part of the strategy, existing issues of both interstate border disputes and insurgency have been closely studied and negotiated and a few agreements have been signed.
    • Assam, with the maximum border disputes in the region, got into a proactive border dialogue.
    • The dialogues on the state’s border disputes with Meghalaya, Arunachal Pradesh, Nagaland and Mizoram are continuing at a steady pace.
    • After the violent flare-ups witnessed last year at the Assam-Mizoram border, today there are regular engagements to maintain peace and work out a permanent solution.
    • The model of Assam’s engagement with Meghalaya, is a good one to emulate — the two chief ministers, after two rounds of talks in August last year, constituted three committees each under cabinet ministers in their states to go into the complex boundary issues.

    Significance of notification on AFSPA

    • Peace has been witnessed in most places across Assam, and even in Nagaland and Manipur talks with various groups for a permanent solution had resulted in a cessation of violence.
    • The NLFT Tripura Agreement (August 2019), the Bru Agreement (January 2020), the Bodo Peace Accord (January 2020) and the Karbi Anglong Agreement (September 2021) have actually resulted in about 7,000 militants surrendering their arms.
    • Removal of DAN: So the demand for the removal of the disturbed areas notification (DAN) was very much justified.
    • DAN has been in force in the whole of Assam since 1990, in all of Manipur (except the Imphal Municipality area) since 2004 and in the whole of Nagaland since 1995.
    • With the removal of the DAN tag, AFSPA has been removed with effect from April 1 this year completely from 23 districts and partially from one district of Assam, from 15 police station areas of six districts of Manipur and from 15 police station areas in seven districts in Nagaland.
    •  DAN is currently applicable in only three districts and in two police station areas in one other district of Arunachal Pradesh.
    • AFSPA was completely removed from Tripura in 2015 and Meghalaya in 2018, respectively.

    Conclusion

    The efforts by the Union government to make the northeastern region the main pillar of the Act East policy have been useful in bringing a sense of political stability that is very crucial for optimal economic development and capacity enhancement in the region.

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  • Election Freebies and Related Issues

    India could end up facing a Sri Lanka-type economic crisis if it doesn’t stop the “culture of freebies” and subsidies in sectors like agriculture, NITI Aayog member Ramesh Chand has warned.

    What is a Freebie?

    • The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
    • The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
    • From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
    • This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

    Examples of freebies

    1. Promise of Rs 15 lakh in our bank accounts
    2. Free TV, Laptops
    3. Free electricity
    4. Loan waivers
    5. Offering free public transport ride to all women in Delhi

    Why are such policies popular among the public?

    • Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
    • Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
    • Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
    • Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
    • Increased consumerism: The poor today also spend on things which appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
    • Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

    Can Freebies be compared with Welfare Politics?

    • These freebies are not bad. It is a part of social welfare.
    • Using freebies to lure voters is not good.
    • Voter’s greediness may lead to a problem in choosing a good leader.
    • When we don’t have a good leader then democracy will be a mockery.

    Impact of such policies

    • Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
    • Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
    • Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
    • Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
    • Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
    • Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
    • Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

    What cannot be accounted to a freebie?

    • MGNREGA scheme (rural employment guarantee scheme)
    • Right to Education (RTE)
    • Food Security through fair price shops ( under National Food Security Act)
    • Prime Minister Kisan Samman Yojana (PM-KISAN)

    Arguments in favour

    • Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
    • Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
    • Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
    • Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
    • Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.

    A rational analysis of freebies

    • Winning election and good governance are two different things. The role of freebies to avail good governance is definitely questionable.
    • The social, political and economic consequences of freebies are very short-lived in nature.
    • There are many freebies and subsidies schemes available in many States but we still find starvation deaths, lack of electricity, poor education and health service.
    • Hence the sorrow of the masses of India cannot be solved by freebies or by incentives.

    So are not freebies meant only to attract voters and swing voters by concentrating on a preferential group or community?

    Way forward

    • It can be agreed that a democracy requires popular support for its rule to continue. The sops and freebies to the poor buy it the requisite votes.
    • But the democratic process of election and election promises should be clear. It should not control voters thought.
    • What some people term as ‘populism’ actually constitutes what real economics should be.
    • If you deprive people of what they really need, you will have to throw allurements at them.
    • This can only be stopped if political masters try to follow what economist EA Schumacher had conveyed through his seminal work Small is beautiful – “Treat economics as if people matter.”

    Conclusion

    • There is nothing wrong in having a policy-led elaborate social security programme that seeks to help the poor get out of poverty.
    • But such a programme needs well thought out preparation and cannot be conjured up just before an election.

     

     

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  • What is Collegium System?

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • 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.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

     

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