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GS Paper: GS2

  • Election Campaign Funding by Political Parties

    With several Assembly elections coming up, the issue of campaigning is back on the track. Campaign funding reforms are one of the biggest issues in electoral reforms worldwide.

    Why in news?

    • Elections are fought with huge funds nowadays.
    • Estimates vary, but a candidate may spend in crores in just one constituency.
    • This vital issue is neglected by voters in the noise of campaigns, leaders, celebrities, and media coverage.

    Caps on Election Expenditure

    The Election Commission of India (ECI) imposes limits on campaign expenditure incurred by a candidate and not political parties.

    The ceiling on poll expenditure varies across States:

    (a) Bigger states

    • With candidates in Assembly Elections in bigger states like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to spend up to 40L (from ₹30.8 lakhs as against ₹28 lakhs earlier.)
    • For a candidate contesting a Lok Sabha Poll in these States, the revised ceiling on poll expenditure is now 90lakh (₹77 lakhs earlier).

    (b) Smaller states

    • While the enhanced ceiling for a Lok Sabha candidate is now 75Lakh (Earlier ₹59.4 lakhs) those contesting an Assembly can spend up to 28 Lakh( earlier ₹22 lakhs.)
    • Goa, Arunachal Pradesh, Sikkim and a few Union Territories (AGMUT states) based on the size of their constituencies and population, have a lower ceiling on poll expenditure.

    How are such ceilings made?

    • Such changes are made by amending the Conduct of Elections Rules.
    • The last time the expenditure ceiling was enhanced was in 2014 just ahead of the Lok Sabha polls.

    What happens when expenditure exceeds the limit?

    • Contesting candidates are required to file a mandatory true account of election expenses with the EC.
    • An incorrect account or expenditure beyond the ceiling can attract disqualification for up to three years as per Section 10A of The Representation of the People Act, 1951.

    What doesn’t account to Election expenditure?

    • The expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party is not considered to be the election expenditure.
    • Any expenditure which is done for service of the Government and discharge of official duty is also not considered to be election expenditure.

    Why is this issue important for the voter?

    • Voters vote for candidates, political parties and leaders so that they deliver benefits to the citizens.
    • If election funds are obtained from other sources, the Governments in power are obliged to the funders more than the voters.
    • The government may take decisions that benefit the donors rather than the voters.
    • Even if a rich candidate funds his own election, the focus is on recovering the investment made rather on public service.

    Situation in India on Election Funding

    • Transparency in funding is absent after the introduction of Electoral Bonds.
    • Now citizens cannot know who is funding the political parties.

    Way forward

    There is also much to learn from international experience. Broadly there are three classes of remedies.

    • First is to make all election funding completely transparent so that voters know who is funding whom.
    • Second is to prevent private interests from unduly influencing elections or Governments. This is done by a set of rules on limiting funding.
    • Third is to try and have a more level playing field so that good politicians, candidates and parties with less funds also stand a chance of competing in elections.

     

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  • Back in news: Central Vista Project

    The redevelopment of central vista avenue in New Delhi, where the Republic Day parade is scheduled to be held, has been delayed by a couple of days due to heavy rainfall.

    Central Vista Project

    • The project aims to renovate and redevelop 86 acres of land in Lutyens’s Delhi.
    • In this, the landmark structures of the government, including Parliament House, Rashtrapati Bhavan, India Gate, North Block and South Block, etc. stand.
    • This dream project of redeveloping the nation’s administrative heart was announced by the Ministry of Housing and Urban Affairs back in September 13, 2019.

    This project has three main parts:

    1. New parliament building
    2. New secretariat complex to bring all the central govt ministries in one place
    3. Development of the Rajghat and the area around it
    • This project will involve demolition of some non-heritage buildings in the area, and construction of new buildings in place of them.

    Why need this Project?

    The most significant aspect of the project is the construction of a new parliament building.  There are several reasons for needing a new building.

    • Due to increased population, which has almost quadrupled since independence, there is a need to increase the number of Lok Sabha constituencies through delimitation.
    • Similarly, the central hall of the parliament, used to hold joint sessions, actually does not have enough seats for the MPs of both houses.
    • During joint sessions, temporary chairs are placed on the aisles so that all the members can sit.
    • This is certainly not a dignified scene for the parliament of the largest democracy in the world.
    • The infrastructure of the parliament was also antiqued, as they were added at various times as and when required.

    Due to these reasons, a pressing need was felt to construct a new parliament building.

    Significance of the project

    • Modernising parliament’s facilities: The new Parliament building will be India’s first purpose-designed parliament, equipped with state-of-the-art infrastructure to meet all needs of an expanded parliament.
    • Improving productivity and efficiency: All ministries of the government will be consolidated in one place and will be served by highly energy-efficient and sustainable infrastructure.
    • Strengthening cultural and recreational facilities: The National Museum will be relocated and conceptualized to present the rich heritage and achievements of the nation.
    • Providing modern and secure infrastructure: A modern, secure, and appropriately equipped executive enclave is proposed to house executive offices and facilities.
    • Providing residential facilities for the PM: Modern and secure residential facilities for the vice president and the PM are proposed to the north of North Block and south of South Block respectively.
    • Cultural significance: The overall objective of works planned on the Central Vista is to ensure environmental sustainability, restore the vista’s architectural character, protect its heritage buildings, expand and improve public space, and to extend its axis.

     

    Also read about the

    New Parliament Building

    Back2Basics: Making of New Delhi

    • The Central Vista was designed by Edwin Lutyens and Herbert Baker, to house the capital of British India.
    • The top of the Raisina Hill and adjacent hills in the area was flattened to create space for the buildings.
    • At his coronation as Emperor of India on December 12, 1911, Britain’s King George V had announced the transfer of the seat of the Government from Calcutta to the ancient Capital of Delhi.
    • Thereafter, a 20-year-long project to build modern New Delhi was spearheaded by architects Edwin Lutyens and Herbert Baker.
    • They built Parliament House, Rashtrapati Bhavan, North and South Blocks, Rajpath, India Gate, National Archives and the princes’ houses around India Gate.
    • Thus, New Delhi was unveiled in 1931.

     

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  • Mullaperiyar Dam Issue

    The Supreme Court has told Tamil Nadu and Kerala that it was not there to “administer the dam” when a supervisory committee was already in place to examine the issue of safety of the Mullaperiyar Dam and the management of its water level.

    Do you know?

    The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.

     

    John Pennycuick (the architect of this dam) sold his family property in England to mobilize money to fund the project! People of the region fondly name their children under his name a remark of reverence.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick (who was born in Pune) and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    The dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

    Back2Basics: Periyar River

    • The Periyar is the longest river in the state of Kerala with a length of 244 km.
    • It is also known as ‘Lifeline of Kerala’ as it is one of the few perennial rivers in the state.
    • It originates from Sivagiri hills of Western Ghats and flows through the Periyar National Park.
    • The main tributaries of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.

     

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  • Hate speech in the time of free speech

    Context

    The growing incidence of hate speeches, especially those targeting minorities, in combination with the judicial ambiguity has provided an opportunity to chart legislative reforms.

    Current legal provisions to deal with hate speech

    • Not defined in legal framework: Hate speech is neither defined in the Indian legal framework nor can it be easily reduced to a standard definition due to the myriad forms it can take.
    • The Supreme Court, in Pravasi Bhalai Sangathan v. Union of India (2014), described hate speech as “an effort to marginalise individuals based on their membership in a group” and one that “seeks to delegitimise group members in the eyes of the majority, reducing their social standing and acceptance within society.”
    • The Indian Penal Code illegalises speeches that are intended to promote enmity or prejudice the maintenance of harmony between different classes.
    • Specifically, sections of the IPC, such as 153A, which penalises promotion of enmity between different groups;
    • 153B, which punishes imputations, assertions prejudicial to national integration;
    • 505, which punishes rumours and news intended to promote communal enmity, and
    • 295A, which criminalises insults to the religious beliefs of a class by words with deliberate or malicious intention.
    • Summing up various legal principles, in Amish Devgan v. Union of India (2020), the Supreme Court held that “hate speech has no redeeming or legitimate purpose other than hatred towards a particular group”.
    • Lack of established legal standard: Divergent decisions from constitutional courts expose the lack of established legal standards in defining hate speech, especially those propagated via the digital medium.

    Suggestions

    • The Law Commission of India, in its 267th report, recommended the insertion of two new provisions to criminalise and punish the propagation of hate speech.
    • The 189th Report of the Parliamentary Standing Committee on Home Affairs, in 2015, recommended the incorporation of separate and specific provisions in the Information Technology Act to deal with online hate speech.
    • Specialised legislation for social media: Much of the existing penal provisions deal with hate speech belong to the pre-Internet era.
    • The need of the hour is specialised legislation that will govern hate speech propagated via the Internet and, especially, social media.
    • Recognise hate speech as reasonable restriction to free speech: Taking cue from best international standards, it is important that specific and durable legislative provisions that combat hate speech, especially that which is propagated online and through social media.
    • Ultimately, this would be possible only when hate speech is recognised as a reasonable restriction to free speech.

    Consider the question “What is hate speech? What are the challenges in dealing with hate speech? Suggest a way forward.”

    Conclusion

    It is important that specific and durable legislative provisions be enacted to combat hate speech.

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  • China’s disputed ‘Developing’ Country Status at WTO

    China’s status as a ‘developing country’ at the World Trade Organization (WTO) has become a contentious issue with a number of countries raising concerns.

    Defining a country’s ‘Development’

    • There are no WTO definitions of “developed” or “developing” countries.
    • Developing countries in the WTO are designated on the basis of self-selection although this is not necessarily automatically accepted in all WTO bodies.
    • The WTO however recognizes as least-developed countries (LDCs) those countries which have been designated as such by the United Nations.

    Benefits of ‘Developing Country’ tag

    • Special and differential treatment: Certain WTO agreements give developing countries special rights through ‘special and differential treatment’ (S&DT) provisions.
    • Preferential treatment: The classification also allows other countries to offer preferential treatment.
    • Longer timeframe for pacts: WTO can grant developing countries longer timeframes to implement the agreements and even commitments to raise trading opportunities for such countries.

    Issues with Chinese ‘Developing Country’ status

    • China has become an upper-middle-income country according to the World Bank.
    • It involves in unfair trade practices such as preferential treatment for state enterprises, data restrictions and inadequate enforcement of intellectual property rights.

    How has China responded?

    • China has consistently maintained that it is the “world’s largest developing economy”.
    • It has recently indicated that it may be willing to forego many benefits of being a developing country.

    What are the benefits of LDC classification?

    • The WTO recognizes LDCs relying on a classification by the UN based on criteria that is reviewed every three years. LDCs are often exempted from certain provisions of WTO pacts.
    • Bangladesh, currently classified as an LDC, receives zero duty, zero quota access for almost all exports to the EU.
    • It is, however, set to graduate from the LDC status in 2026 as its per capita GDP has risen sharply surpassing that of India in FY21.

    Try this question from CS Mains 2018:

     

    Q.What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India?

     

    Reference: https://www.civilsdaily.com/sansad-tv-perspective-wto-reforms/

    (Aspirants need not write whole answers. Just a quick summary with keywords would suffice.)

     

    [wpdiscuz-feedback id=”49mr6oddi2″ question=”Post your answers here.” opened=”1″] [/wpdiscuz-feedback]

     

     

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  • MHA seeks more time to frame CAA rules

    The Ministry of Home Affairs (MHA) has sought another extension from parliamentary committees to frame the rules of the Citizenship (Amendment) Act (CAA), 2019.

    What is Citizenship Amendment Act (CAA), 2019?

    • The act is sought to amend the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India.
    • In other words, it intends to make it easier for non-Muslim immigrants from India’s three Muslim-majority neighbours to become citizens of India.
    • Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.
    • The amendment relaxes the second requirement from 11 years to 6 years as a specific condition for applicants belonging to these six religions, and the aforementioned three countries.
    • It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the Passport Act, 1920 if they entered India before December 31, 2014.

    Key feature: Defining illegal migrants

    • Illegal migrants cannot become Indian citizens in accordance with the present laws.
    • Under the CAA, an illegal migrant is a foreigner who: (i) enters the country without valid travel documents like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.
    • Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and The Passport (Entry into India) Act, 1920.

    Exceptions

    • The Bill provides that illegal migrants who fulfil four conditions will not be treated as illegal migrants under the Act.  The conditions are:
    1. they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians;
    2. they are from Afghanistan, Bangladesh or Pakistan;
    3. they entered India on or before December 31, 2014;
    4. they are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in the Sixth Schedule to the Constitution, or areas under the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland.

    Controversy with the Act

    • Country of Origin: The Act classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh.
    • Other religious minorities ignored: It is unclear why illegal migrants from only six specified religious minorities have been included in the Act.
    • Defiance of purpose: India shares a border with Myanmar, which has had a history of persecution of a religious minority, the Rohingya Muslims.
    • Date of Entry: It is also unclear why there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014.

    Way forward

    • India is a constitutional democracy with a basic structure that assures a secure and spacious home for all Indians.
    • Being partitioned on religious grounds, India has to undertake a balancing act for protecting the religious minorities in its neighbourhood.
    • These minorities are under constant threat of persecution and vandalism.
    • India needs to balance the civilization duties to protect those who are prosecuted in the neighbourhood.

     

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  • New prominence of the Central Asian region

    Context

    When Prime Minister Narendra Modi hosts the five Central Asia leaders at the Republic Day Parade on January 26, it will send a strong signal — of the new prominence of the Central Asian region in India’s security calculations.

    Why India needs effective continental policy

    • Factors intensifying geopolitical competition: China’s assertive rise, withdrawal of forces of the United States/North Atlantic Treaty Organization (NATO) from Afghanistan, the rise of Islamic fundamentalist forces, the changing dynamics of the historic stabilising role of Russia (most recently in Kazakhstan) and related multilateral mechanisms — the Shanghai Cooperation Organization (SCO), the Collective Security Treaty Organisation, and the Eurasian Economic Union — have all set the stage for a sharpening of the geopolitical competition on the Eurasian landmass.
    • Progress in ties: India’s continental strategy, in which the Central Asian region is an indispensable link, has progressed intermittently over the past two decades — promoting connectivity, incipient defence and security cooperation, enhancing India’s soft power and boosting trade and investment.
    • It is laudable, but as is now apparent, it is insufficient to address the broader geopolitical challenges engulfing the region.
    • To meet this challenge, evolving an effective continental strategy for India will be a complex and long-term exercise.

    Leveraging maritime power

    • India’s maritime vision and ambitions have grown dramatically during the past decade, symbolised by its National Maritime Strategy, the Security and Growth for All in the Region (SAGAR) and major initiatives relating to the Indo-Pacific and the Quad, in which maritime security figures prominently.
    •  It was also a response to the dramatic rise of China as a military power.
    • Importance: Maritime security is important to keeping sea lanes open for trade, commerce and freedom of navigation, resisting Chinese territorial aggrandisement in the South China Sea and elsewhere, and helping littoral states resist Chinese bullying tactics in interstate relations.
    • However, maritime security and associated dimensions of naval power are not sufficient instruments of statecraft as India seeks diplomatic and security constructs to strengthen deterrence against Chinese unilateral actions and the emergence of a unipolar Asia.
    • Bulwarks against Chinese maritime expansionist gains are relatively easier to build and its gains easier to reverse than the long-term strategic gains that China hopes to secure on continental Eurasia.
    • Centrality of Central Asia: Like Association of Southeast Asian Nations (ASEAN) centrality is key to the Indo-Pacific, centrality of the Central Asian states should be key for Eurasia.

    Challenges for India

    1] Connectivity challenge

    • Connectivity means nothing when access is denied through persistent neighbouring state hostility contrary to the canons of international law.
    • India has been subject for over five decades to a land embargo by Pakistan that has few parallels in relations between two states that are technically not at war.
    • Lack of alternative route: Difficulties have arisen in operationalising an alternative route — the International North-South Transport Corridor on account of the U.S.’s hostile attitude towards Iran.
    • With the recent Afghan developments, India’s physical connectivity challenges with Eurasia have only become harder.
    • The marginalisation of India on the Eurasian continent in terms of connectivity must be reversed.

    2] India must be aware of the limitations of the US

    • The ongoing U.S.-Russia confrontation relating to Ukraine, Russian opposition to future NATO expansion and the broader questions of European security including on the issue of new deployment of intermediate-range missiles, following the demise of the Intermediate-Range Nuclear Forces (INF) treaty will have profound consequences for Eurasian security.
    • The U.S. would be severely stretched if it wanted to simultaneously increase its force levels in Europe and the Indo-Pacific.
    • A major conflict — if it erupts in Central Europe, pitting Russia, Ukraine and some European states — will stall any hopes of a substantial U.S. military pivot to the Indo-Pacific. 
    • India should be cognisant of the limitations of geography, obvious gaps between strategic ambition and capacity but also the inherently different standpoints of how major maritime powers view critical questions of continental security.
    • India is unique as no other peer country has the same severity of challenges on both the continental and maritime dimensions.

    Way forward for India

    • India would need to acquire strategic vision and deploy the necessary resources to pursue our continental interests without ignoring our interests in the maritime domain.
    • This will require a more assertive push for our continental rights — namely that of transit and access, working with our partners in Central Asia, with Iran and Russia, and a more proactive engagement with economic and security agendas ranging from the SCO, Eurasian Economic Union (EAEU) and the Collective Security Treaty Organization (CSTO).
    • Striking the right balance between continental and maritime security would be the best guarantor of our long-term security interests.

    Conclusion

    India will need to define its own parameters of continental and maritime security consistent with its own interests. In doing so, at a time of major geopolitical change, maintaining our capacity for independent thought and action will help our diplomacy and statecraft navigate the difficult landscape and the choppy waters that lie ahead.

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  • The Chinese challenge

    Context

    Nearly 20 months after the border crisis began in Ladakh, China has pressed on with aggressive diplomatic and military gestures against India.

    Recent anti- India moves by China

    • Beijing recently renamed 15 places in Arunachal Pradesh, following the six it had done in 2017.
    • China justifies the renaming as being done on the basis of its historical, cultural and administrative jurisdiction over the area — these old names existed since ancient times which had been changed by India with its “illegal occupation”.
    • On January 1, 2022, Beijing’s new land border law came into force, which provides the People’s Liberation Army (PLA) with full responsibility to take steps against “invasion, encroachment, infiltration, provocation” and safeguard Chinese territory.

    India’s response

    • Delhi has run out of proactive options against Beijing that will force the Chinese leadership to change course on its India policy.
    • The two countries have an increasingly lopsided trade relationship driven by Indian dependency on Chinese manufacturing, a situation further worsened by the Government’s mishandling of the novel coronavirus pandemic.
    • To restore the status quo ante on the LAC as of April 2020, India undertook internal balancing of its military from the Pakistan border to the China border and external rebalancing through a closer partnership with the United States in the Indo-Pacific.
    • Because of the China factor, the U.S. is currently looking away even as India mistreats its minorities and its democracy stands diminished.
    •  India’s difficult diplomatic and military engagement with China is going to leave it more dependent on U.S. support, rendering India more vulnerable to American pressure on ‘shared values’.
    • With a rising China as its neighbour and a more self-centred U.S. – which is uncomfortable with India’s reliable partner, Russia — as its friend, Delhi continues to face difficult choices.

    Conclusion

    Put under the harsh glare, India has been found wanting in its ability to deal with future challenges. The immediate challenge, however, remains China. It cannot be wished away and must be tackled.

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  • The Personal Data Protection Bill conundrum

    Context

    The Joint Committee report on the Bill has failed to provide robust draft legislation ensuring the privacy of citizens.

    Background of the Personal Data Protection Bill

    •  The Puttaswamy judgment held that the right to privacy is a fundamental right.
    • The Puttaswamy judgment and the Justice B.N. Srikrishna committee report led to the Personal Data Protection Bill of 2019.
    • The Joint Committee report on the Bill has failed to provide a robust draft legislation ensuring the privacy of citizens.

    Issues with the Joint Committee report on Personal Data Protection Bill

    • Division into Government and private domains: The report has divided the digital world into two domains — government and private.
    • This division is based on the presumption that the question of right to privacy emerges only where operations and activities of private entities are concerned.
    • Exemption to government and government agencies: Clause 12 of the Bill provides exemptions for the government and government agencies and Clause 35 exempts government agencies from the entire Act itself. 
    • Clause 12, which says personal data can be processed without consent for the performance of any function of the state, is an umbrella clause that does not specify which ministries or departments will be covered.
    • The issue with the defining harm: The Bill says, “harm includes any observation or surveillance that is not reasonably expected by the data principal”.
    • This means if you install any software in your computer and the software violates the principle of privacy and data get leaked, the complaint of the data principal will not be legally tenable as the defence will be that ‘once you have installed the software, you should have reasonably expected this level of surveillance’.
    • The government can use these provisions as a means of control and surveillance.
    • The Committee has failed to provide formidable firewalls to protect the privacy of individuals and has also carved out a mechanism for government control over personal data.
    • Against the Supreme Court judgement: The provisions are ultra vires of the judgment on privacy.
    • Inclusion of non-personal data harms the economy:  By including non-personal data within the ambit of the Bill, the Joint Committee has put a huge compliance burden on the economy.
    • This will hit the MSME sector and small businesses harder as technical processes involving data-sharing are very expensive.
    • The government-constituted panel headed by S. Gopalkrishnan also opposed the idea of including non-personal data in the Bill.
    • Mandatory data localisation, it is estimated, will squeeze the economy by 0.7-1.7%.
    • Hamper the smooth cross-border flow of data: This may also invite similar measures by other sovereign countries which will hamper smooth cross-border flow of data.

    Concerns with the Data Protection Authority

    • For compliance with the provisions of the Act, a data protection authority (DPA) has to be appointed.
    • It is doubtful whether a single authority will be able to discharge so many functions in an efficient manner.
    • Concern with appointment: Unlike the Justice Srikrishna committee report which provided for a judicial overlook in the appointments of the DPA, the Bill entrusts the executive with the appointments.
    •  Although the Joint Committee report expanded the committee, the power to appoint the panelists vests with the Central government.
    • Lack of independence: Clause 86 says, “Authority should be bound by the directions of the Central Government under all cases and not just on questions of policy”.
    • This weakens its independence and gives the government excessive control.
    • Violation of federalism: There is internal data flow and the States are key stakeholders in the process.
    • Even if the proposed central authority issues directions to allow processing of data on the grounds of ‘public order’, it is important to note that ‘public order’ is an entry in the State List. 

    Consider the question “What are the issues with the provision in the Personal Data Protection Bill, 2019? Suggest the way forward.” 

    Conclusion

    The report has raised more questions than it has solved. At the time of passage of the Bill, loopholes must be plugged so that India can have a robust data protection law.

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  • Conduct of States Assembly Elections

    The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.

    Why conduct elections even during COVID outbreak?

    • Article 172(1) of the Constitution sets a five-year term for each Assembly.
    • Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.

    States Legislature : A detail background

    • The State Legislative Assembly is a legislative body in the states and union territories of India.
    • In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
    • 5 UTs are governed directly by the Union Government of India and have no legislative body.

    Term of reference

    • Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
    • The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
    • However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
    • A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.

    State Executive

    • State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
    • Executive power of the state is vested in Governor.
    • He/She is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.
    • The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.

    Powers and Functions

    State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.

    (1) Regarding Ordinary Laws

    • Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
    • The State Legislature can formulate laws on the subject of State and Concurrent Lists.
    • However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.

    (2) Financial Powers

    • Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
    • The Legislative Assembly alone has the power to originate money bills.
    • The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.

    Role of Governor

    • The Governor of a state may reserve any Bill for the consideration of the President.
    • No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.

    Try this PYQ:

     

    Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

     

    (a) First Administrative Reforms Commission (1966)

    (b) Rajamannar Committee (1969)

    (c) Sarkaria Commission (1983)

    (d) National Commission to Review the Working of the Constitution (2000)