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GS Paper: GS2

  • Centre notifies new rules for Consumer Panels

    The Ministry of Consumer Affairs, Food, and Public Distribution has notified monetary jurisdiction for various Consumer Disputes Redressal Commission (CDRC) under the Consumer Protection Act, 2019.

    What are the new changes?

    • The Centre has notified new rules to revise pecuniary jurisdiction for entertaining consumer complaints at district, state and national level commissions, a move aimed at fast disposal of cases.
    • The NCDRC will now have jurisdiction to entertain consumers’ complaints where the value of the goods or services exceeds Rs 2 crore as against the earlier limit of over Rs 10 crore.
    • The state commissions will have jurisdiction to similar complaints with value of goods or services between Rs 50 lakh and Rs 2 crore, and the National Commission over Rs 2 crore.
    • District commissions have jurisdiction to entertain complaints where value of goods or services paid as consideration does not exceed Rs 1 crore.

    Legal basis of these changes

    • The Act provides a “three-tier quasi-judicial mechanism” for redress of consumer disputes: district commissions, state commissions, and the national commission.
    • The law also provides pecuniary jurisdiction of each tier of consumer commission.

    Benefits of the move

    • Fast-track disposal of cases: Reduction of limit of pecuniary jurisdiction of district and state commissions will reduce workload at these two tiers of dispute resolution system, and thereby reduce pendency at these two levels.
    • Easy litigation: Besides, with E-Dakhil in place, consumers can take their complaints to a state or national commission without visiting the commission physically.

    Back2Basics: Features of the Consumer Protection Act, 2019

    [1] Definition of consumer

    • A consumer is defined as a person who buys any good or avails a service for a consideration.
    • It does not include a person who obtains a good for resale or a good or service for commercial purpose.
    • It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.

    [2] Rights of consumers

    Six consumer rights have been defined in the Bill, including the right to:

    • be protected against marketing of goods and services which are hazardous to life and property
    • be informed of the quality, quantity, potency, purity, standard and price of goods or services
    • be assured of access to a variety of goods or services at competitive prices and
    • seek redressal against unfair or restrictive trade practices

    [3] Central Consumer Protection Authority

    • The central government will set up a Central Consumer Protection Authority (CCPA) to promote, protect and enforce the rights of consumers.
    • It will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements.
    • The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations.

    [4] Penalties for misleading advertisement

    • The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two years for a false or misleading advertisement.
    • In case of a subsequent offence, the fine may extend to Rs 50 lakh and imprisonment of up to five years.
    • CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to one year.

     [5] Consumer Disputes Redressal Commission

    • CDRCs will be set up at the district, state, and national levels.
    • A consumer can file a complaint with CDRCs in relation to: (i) unfair or restrictive trade practices; (ii) defective goods or services; (iii) overcharging or deceptive charging; and (iv) the offering of goods or services for sale which may be hazardous to life and safety.
    • Complaints against an unfair contract can be filed with only the State and National Appeals from a District CDRC will be heard by the State CDRC.
    • Appeals from the State CDRC will be heard by the National CDRC.
    • Final appeal will lie before the Supreme Court.

    [6] Jurisdiction of CDRCs

    • The District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore.
    • The State CDRC will entertain complaints when the value is more than Rs one crore but does not exceed Rs 10 crore.
    • Complaints with value of goods and services over Rs 10 crore will be entertained by the National CDRC.

    [7] Product liability

    • Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service.
    • To claim compensation, a consumer has to prove any one of the conditions for defect or deficiency, as given in the Bill.

     

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  • [pib] Electoral Bonds Scheme

    The 19th phase of sale of Electoral Bonds will commence ahead of elections is some states.

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency)

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.

     

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  • An opportunity for Digital India

    Context

    India is pioneering the concept of digital public goods, with it, there is an opportunity for India to embark on digital diplomacy.

    Digital public goods in India

    • Built on the foundation of Aadhaar and India Stack, modular applications, big and small, are transforming the way we make payments, withdraw our PF, get our passport and driving licence and check land records, to name just a few activities.
    • There is an opportunity for India to embark on digital diplomacy — to take its made-in-India digital public goods to hundreds of emerging economies across the world.

    How Digital Diplomacy can help India?

    • This could be a strategic and effective counter to China’s Belt and Road Initiative.
    • Enhancing the productivity of emerging economies: Emerging economies are characterised by gross inefficiencies in the delivery of government services and a consequent trust deficit.
    • Digital public goods spread speed, transparency, ease and productivity across the individual-government-market ecosystem and enhance inclusivity, equity and development at scale.
    • Acceptance in emerging economies: India’s digital diplomacy will be beneficial to and welcomed by, all emerging economies from Peru to Polynesia, from Uruguay to Uganda, and from Kenya to Kazakhstan.
    • Goodwill: It will enable quick, visible and compounding benefits for India’s partner countries and earn India immense goodwill.

    Benefits of Digital diplomacy

    • Reusability: The code is highly reusable
    • Low cost: The cost of setting up an open source-based high school online educational infrastructure, to supplement the physical infrastructure, for an entire country is less than laying two kilometres of high-quality road.
    • No debt trap: The investments required for transporting digital public goods are minuscule in comparison and there is no chance of a debt trap.
    • Short gestation period: Unlike physical infrastructures such as ports and roads, digital public goods have short gestation periods and immediate, and visible impact and benefits.
    • It plugs leaks: Digital infrastructure plugs leaks.
    • It eliminates ghost beneficiaries of government services, removes touts collecting rent, creates an audit trail, makes the individual-government-market interface transparent and provides efficiencies that help recoup the investments quickly.
    • Processes get streamlined and wait times for any service come down dramatically.
    • Increases productivity: Productivity goes up and services can be scaled quickly.
    • Benefits can be rapidly extended to cover a much larger portion of the population.
    • Compounding instead of depreciation: Above all, the digital public goods infrastructure compounds while physical infrastructure depreciates.

    Three ways in which digital public goods infrastructure compound

    • Compounding happens for three reasons.
    • [1] Growth of technologyy: Chips keep becoming faster, engines more powerful, and gene-editing technology keeps improving.
    • [2] Network effect: As more and more people use the same technology, the number of “transactions” using that technology increase exponentially — be it Facebook posts or UPI transactions.
    • [3] Rapid creation of new layers of technology: For example, the hypertext protocol created the worldwide web.
    • Then the browser was built on top of it, which made the worldwide web easier to navigate and more popular.
    • Thousands of new layers were added to make it what it is today.
    • Growth of UPI in India: To give an example, consider the surge in UPI-based payments in India.
    • This kind of growth doesn’t happen with a few entitled and privileged people using UPI more and more; it happens with more and more people using UPI more and more.
    • Use of Diksha: The use of Diksha, the school education platform built on the open-source platform Sunbird, has followed the same trajectory — today close to 500 million schoolchildren are using it.

    Conclusion

    Made in India digital tools can help other emerging economies deal with economic, governance challenges.

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  • A lack of political will to end the Palk Bay conflict

    Context

    The arrest of 68 Indian fishermen by the Sri Lankan authorities between December 18 and 20 and the impounding of 10 boats for “poaching” in the territorial waters of Sri Lanka has flared up the conflict between the two countries.

    About Palk Bay

    • Palk Bay is home to diverse resources including 580 species of fish, extends from Point Calimere of Nagapattinam district to Mandapam-Dhanushkodi of Ramanathapuram district over about 250 km.
    • Source of dispute: It is an important marine zone between south-eastern India and northern Sri Lanka, has been a source of dispute for long.

    About the conflict

    • Negotiations: The genesis of the dispute can be traced to the October 1921 negotiations between representatives of the Governments of Madras and Ceylon, on the need for the delimitation of the Palk Strait and the Gulf of Mannar.
    • Delimitation: It was in the mid-1970s that two agreements were signed by India and Sri Lanka, under which the International Maritime Boundary Line (IMBL) came into being.
    • Instead of settling the issues, the pacts gave way to new problems, including the recurring incidents of Tamil Nadu fishermen crossing the IMBL and getting caught by the Sri Lankan authorities.

    Cause of the problem

    • Different fishing practices: The asymmetric nature of fishing practices in Tamil Nadu and the Northern Province of Sri Lanka is said to be the cause of the problem.
    • While Tamil Nadu’s fishing community uses mechanised bottom trawlers, its counterpart uses conventional forms of fishing, as trawling is banned in Sri Lanka.
    • Difference in resources: The fishermen of Tamil Nadu continue to cross the IMBL, as the Sri Lankan side of the Bay is considered to have more fishery resources than the Indian side.

    Way forward

    • Weak away fishermen from trawling: The deep-sea fishing project,  to wean away the fishermen of Tamil Nadu from bottom trawling, launched in July 2017, has not yielded the desired results.
    • Relaxation of norms of the project is under the consideration of the Union Government, to draw greater response from the fishermen.
    • Motivation for deep-sea fishing: Given the fact that deep sea fishing takes longer duration and has a higher recurring cost per voyage than what the fishing community experiences currently, the need for providing continuous motivation to the fisherfolk assumes critical importance.
    • Other strategies: Various strategies, including the promotion of seaweed cultivation, open sea cage cultivation, seaweed cultivation and processing, and sea/ocean ranching should be adopted.
    • Forming FPOs: There is a view that if the community is encouraged to form fish farmer producer organisations, it may take to sustainable fishing practices.
    • Institution of stakeholders: A section of specialists favours the creation of an international institution of stakeholders for regulating the fishing sector in the Bay.

    Consider the question “What leads to the dispute between India and Sri Lanka over the Palk Bay? Suggest the way forward for fishermen in Tamil Nadu.”

    Conclusion

    For all this to happen, sustained public pressure and political will are a must.

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    Back2Basics: What is bottom trawling?

    • A bottom trawl consists of a large tapered net with a wide mouth and a small enclosed end.
    • The mouth of a trawl net has two weighted doors that serve not only to keep the net open, but also to keep the net on the ocean floor.
    • These doors can weigh several tons.
    • In addition to the heavy doors, the bottom of the net is a thick metal cable (footrope) studded with heavy steel balls or rubber bobbins that effectively crush everything in their path.
    • As the net drags along the seafloor, living habitat in its path is crushed, ripped up, or smothered as the seabed is turned over.

  • Atal Ranking of Institutions on Innovation Achievements (ARIIA), 2021

    Atal Ranking of Institutions on Innovation Achievements (ARIIA) 2021 has been recently released.

    About ARIIA

    • ARIIA is an initiative of erstwhile Ministry of HRD, implemented by AICTE and Ministry’s Innovation Cell.
    • It systematically ranks all major higher educational institutions and universities in India on indicators related to “Innovation and Entrepreneurship Development” amongst students and faculties.
    • ARIIA 2020 will have six categories which also includes special category for women only higher educational institutions to encourage women and bringing gender parity in the areas of innovation and entrepreneurship.
    • The other five categories are 1) Centrally Funded Institutions 2) State-funded universities 3) State-funded autonomous institutions 4) Private/Deemed Universities and 5) Private Institutions.

    Major Indicators for consideration

    • Budget & Funding Support.
    • Infrastructure & Facilities.
    • Awareness, Promotions & support for Idea Generation & Innovation.
    • Promotion & Support for Entrepreneurship Development.
    • Innovative Learning Methods & Courses.
    • Intellectual Property Generation, Technology Transfer & Commercialization.
    • Innovation in Governance of the Institution.

    Key highlights of 2021 report

    • Seven IITs and the IISc, Bengaluru, are among the top 10 central institutions in promotion and support of innovation and entrepreneurship development.
    • The top rank has been bagged by the IIT, Madras followed by the IITs in Bombay, Delhi, Kanpur and Roorkee.
    • The IISc has bagged the sixth position in the ranking followed by the IITs in Hyderabad and Kharagpur, the NIT, Calicut.

     

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  • Vying for influence over Kabul

    Context

    On December 19, Pakistan hosted a special session of the Organisation of Islamic Cooperation (OIC) to address the crisis in Afghanistan.

    The humanitarian crisis in Afghanistan and how regional countries are responding to it

    • The humanitarian crisis in Afghanistan is peaking with no basic amenities available for its population and a harsh winter ahead.
    • While Pakistan hosted the OIC, India played host to foreign ministers of Central Asian states where Afghanistan topped the agenda as well.
    • All the attending countries — Kazakhstan, Uzbekistan, Tajikistan, Turkmenistan, and Kyrgyzstan — also OIC members, chose to prioritise deliberations with New Delhi.

    Qatar’s growing influence in Afghanistan and implications for the region

    • Saudi Arabia, the UAE, and Pakistan were the only three countries that had officially recognised the previous Taliban government in 1996, until its fall in 2001.
    • Fast forward to the 2010s, and it was the small but rich state of Qatar that became the mediating force on Afghanistan.
    • Doha hosted the official Taliban political office from 2013 to allow negotiations with the U.S.
    • Qatar’s new role on Afghanistan gave it significant diplomatic and political visibility the world over.
    • In West Asia, Qatar’s growing influence was causing unease in the traditional power centres in Abu Dhabi and Riyadh, specifically on issues such as the Qatari leadership’s support for political Islam and organisations such as the Muslim Brotherhood.

    Fundamental changes

    • Economic blockade: In 2017 the UAE and Saudi Arabia initiated an economic blockade against Doha in the hope of reigning the Kingdom in and disallowing it from pursuing its geopolitical designs that were challenging the long-held power status quos.
    • This four-year long impasse ended in 2021.
    • These four years created fundamental changes within the larger Arab Gulf construct.
    • Qatar mitigated risk and moved closer towards Turkey and Iran.
    • Today, both Qatar and Turkey are bidding to operate a landlocked Afghanistan’s airports under the Taliban regime.
    • For the Gulf specifically, Qatar’s punching-above-its-weight approach in geopolitics was also making it more powerful and influential with Washington D.C.
    • To mitigate this, the Saudis played a central role during the recent OIC special session.
    •  They repaired their broken relationship with Pakistan.

    Way forward for India

    • Over the past decade, India has recognised the importance of middle powers in the Arab Gulf to a fast-evolving global order, from fighting against terrorism to newer diplomacy challenges such as Afghanistan.

    Conclusion

    The Arab Gulf is poised to become an important player once again in Afghanistan under the shadow of the Taliban.

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  • Put out the data, boost the dose of transparency

    Context

    The Government must make COVID-19 data including that for vaccine regulatory approvals and policy available.

    Kay decisions

    • On December 25, the Prime Minister of India announced two key decisions.
    • Vaccination of children: All children in the 15-17 age bracket will be eligible to receive COVID-19 vaccines from January 3, 2022.
    • Third shot: All health-care workers, frontline workers and the people aged 60 years and above (with co-morbidities and on the advice of a medical doctor) can get a third shot, or ‘precaution dose’.
    •  The eligibility for the precaution dose will be on the completion of nine months or 39 weeks after the second dose.
    • Teenage children whose birth year is 2007 or before will be eligible for COVID-19 vaccines.
    • Children will receive Covaxin, the reason being (according to the note) it is the only emergency use listed (EUL) World Health Organization vaccine available for use in this age group in India.

    Issues with the decision

    • Lack of scientific evidence: The decision is said to be based on ‘advice of the scientific community’.
    • A few members of the National Technical Advisory Group on Immunisation (NTAGI) in India,  have written or spoken publicly about not having enough scientific evidence to administer booster doses and vaccinate children in India.
    • Successive national and State-level sero-surveys have reported that a majority of children in India had got natural infection, while staying at home and thus developed antibodies.
    • The studies have shown that children rarely develop moderate to severe COVID-19 disease.
    • Targeted vaccination approach not adopted: Most public health and vaccine experts favour a ‘targeted vaccination approach’ by prioritising high-risk children for COVID-19 vaccination.
    • However, such an approach is likely to face an operational challenge in the identification of the eligible children.
    • Consultation cost:  A majority of the elderly have one or other comorbidities. Of the 14 crore elderly population in India, an estimated 7 to 10 crore people could have co-morbidities.
    •  If they have to seek advice from a physician, in order to get vaccinated, this essentially means that there would be up to 10 crore of medical consultations, which would come at a cost —  all of which is avoidable.

    Suggestions

    • Do away with prescription: The conditionality of comorbidities and the need for advice/prescription by a doctor for ‘the precaution shot’ in the elderly should be done away with.
    • Third dose to all immunocompromised adults: There is scientific evidence and consensus on administering the third dose for immunocompromised adults.
    • The Indian government should urgently consider administering a third dose for all immunocompromised adults, irrespective of age.
    • Third dose on a different vaccine platform: Studies have found that a heterologous prime-boost approach — third shot on a different vaccine platform — is a better approach.
    • Identify policy questions: Various pending policy questions on COVID-19 vaccine need to be identified urgently.
    • The technical expert should be given complete access to COVID-19 data for analysis and to find answers to those scientific and policy questions.
    • Vaccine supply and stock management: Vaccination for teenage children, exclusively with Covaxin (which means 15 crore doses for this sub-group) has other implications.
    • Covaxin will also be needed for people coming for their first shot, returning for their second shot, and then for their ‘precaution dose’ if a third shot of the same vaccine is allowed.
    • Focus on primary vaccination: The precaution dose and vaccination for children should not divert attention from the task of primary vaccination, which continues to be an unfinished task in India; 46 crore doses are still needed for the first and second shots.
    • Make data public: It is time the Union and State governments in India make COVID-19 data — this includes clinical outcomes, testing, genomic sequencing as well as vaccination — available in the public domain.
    • This would help in formulating and updating COVID-19 policy and strategies and also assess the impact of ‘precaution dose’ as well as vaccination of children.

    Conclusion

    The Indian government urgently needs to make COVID-19 data available, including the one used for regulatory approvals of vaccines and for vaccine policy decisions. This will bring transparency in decision making and increase the trust of the citizen in the process.

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  • ‘Indianizing’ the Legal System and SC’s Views

    At least two Supreme Court judges have in the past few months openly expressed the need to “Indianize” the legal system.

    What is the news?

    • This week, Justice S. Abdul Nazeer underscored the need to embrace the great legal traditions as per Manu, Kautilya, Katyayana, Brihaspati, Narada, Parashara, Yajnavalkya and other legal giants of ancient India.
    • Continued neglect of their great knowledge and adherence to alien colonial legal system is detrimental to the goals of our Constitution and against our national interests, he said.
    • He emphasized the need for Indianization of the legal system to decolonize the Indian legal system.
    • He concluded that this colonial legal system is not suitable for the Indian population.

    Background of the case

    Then CJI P.N. Bhagwati in the M.C. Mehta Case way back in 1986 has said that-

    • We cannot allow our judicial thinking to be constricted by reference to the law as it prevails in England or for the matter of that in any other foreign country.
    • We no longer need the crutches of a foreign legal order.
    • We are certainly prepared to receive light from whatever source it comes from, but we have to build up our own jurisprudence.

    Indianization of Judiciary

    • Last month, CJI N.V. Ramana called for the “Indianization” of the legal system to provide greater access to justice to the poor as the “need of the hour”.
    • CJI emphasized this as an adaptation to the practical realities of our society and localize our justice delivery systems.
    • For example, parties from a rural place fighting a family dispute are usually made to feel out of place in the court, the CJI clarified.

    Major suggestions by CJI:

    (A) Simplification

    • The simplification of justice delivery should be our pressing concern.
    • It is crucial to make justice delivery more transparent, accessible and effective.
    • Procedural barriers often undermine access to justice.
    • The Chief Justice said both judges and lawyers have to create an environment which is comforting for the litigants and other stakeholders.

    (B) Alternate dispute mechanisms

    • The CJI said alternate dispute mechanisms like mediation and conciliation would go a long way in reducing pendency, unnecessary litigation and save resources.

    Major suggestions by CJI:

    (A) Simplification

    • The simplification of justice delivery should be our pressing concern.
    • It is crucial to make justice delivery more transparent, accessible and effective.
    • Procedural barriers often undermine access to justice.
    • The Chief Justice said both judges and lawyers have to create an environment that is comforting for the litigants and other stakeholders.

    (B) Alternate dispute mechanisms

    • The CJI said alternate dispute mechanisms like mediation and conciliation would go a long way in reducing pendency, unnecessary litigation and save resources.

    Recent moves of Indianization

    • Supreme Court judgments show that the Indian legal system had made an early start at consciously getting rid of the “crutches” of colonial influence.

    (1) General principles laid by the SC

    • The evolution of laws in India has been through legislation and the binding precedents of the Supreme Court under Article 141 of the Constitution.
    • Article 142 of the Constitution of India deals with the Enforcement of decrees and orders of the Supreme Court.

    (2) Public Interest Litigation

    • The public interest litigation mechanism is truly Indian.

    (3) Reference to Indian texts

    • Several judgments since the 1980s refer to the works of Manu and Kautilya.
    • In the privacy judgment, Justice S.A. Bobde (retired), referred to how “even in the ancient and religious texts of India, a well-developed sense of privacy is evident”.
    • He mentions that Kautilya’s “Arthashastra prohibits entry into another’s house, without the owner’s consent”.

    Issues with Ancient Texts

    • In the Sabarimala Case, the court pointed to the Manusmriti to observe that in these “ancient religious texts and customs, menstruating women have been considered as polluting the surroundings”.
    • It went on to hold that practices that legitimize menstrual taboos, due to notions of purity and pollution, limit the ability of menstruating women to attain the freedom of movement and the right of entry to places of worship.

    Way forward

    • It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society.
    • Rules and procedures of justice delivery should be made simple.
    • The ordinary, poor, and rural Indian should not be scared of judges or the courts.

     

     

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  • Tussle over the election of Maharashtra Assembly Speaker

    Maharashtra Governor and the incumbent government are locked in a tussle over the election of the Speaker of the Assembly. The Governor has not given his consent to the election program decided by the Cabinet.

    Election of Speakers to the Assembly

    • Article 178 of the Constitution provides for every Legislative Assembly to choose two members of the Assembly to be respectively Speaker and Deputy Speaker.
    • The Constitution does not specify the process of holding these elections; that is left to the state legislatures.
    • It also does not set a timeframe other than to say the elections should be held “as soon as maybe”.

    Some states lay down timeframes

    • In Haryana, the election of the Speaker must be held as soon as possible after the Assembly election, and the Deputy Speaker must be elected within another seven days.
    • In UP, the Speaker’s election is required to be held within 15 days if the post falls vacant during the term of the Assembly.
    • The date for the Speaker’s election is notified by the Governor.

    A crucial case in Maharashtra

    • As per Rule 6 of the Maharashtra Legislative Assembly Rules, “The Governor shall fix a date for the holding of the election and the Secretary shall send to every member notice of the date so fixed.”
    • A former Secretary of the state Assembly said the election of the Speaker can take place only after the Governor fixes the date for it.

    What are the recent amendments?

    • The govt has moved a motion in the Assembly seeking amendments to Rules 6 (election of Assembly Speaker) and 7 (election of Deputy Assembly Speaker) by voice vote instead of a secret ballot.
    • The amendments excluded the words “holding of the election” and included the words “to elect the Speaker on the recommendation of the Chief Minister” in Rule 6 of Maharashtra Assembly Rules.

    What are the objections to these amendments?

    • The Opposition accused the govt of running the “most insecure government” that does not trust its MLAs and fears there would be cross-voting in the election of the Speaker.
    • It argued that the Rules cannot be amended in the absence of the Speaker.

    What is the government’s position?

    • The government has argued that the amendments are in line with the Rules that are in practice in Lok Sabha, the Upper House of the state legislature, and in the Assemblies of several others states.
    • It has also been said that the amendments would put an end to horse trading.

    What is the way ahead?

    • The govt can explore legal options to see whether the election of the Speaker could be held without the consent of the Governor.
    • However, the situation is very odd.
    • While Rule 6 mandates that the Governor should fix the date for the election, the amendment says that the Governor should fix the date on the advice on the CM.

     

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  • Why the Aadhaar-voter ID link must be stopped

    Context

    The Election Laws (Amendment) Bill, 2021 which facilitates amendment to the Representation of People’s Act, is a step toward implementing online-based remote e-voting for which the use of Aadhaar will be the primary identity.

    Objectives of linking

    • The linking of Aadhaar with one’s voter ID was primarily to build a biometric dependent voting system from the very beginning.
    • The change could help fight fraud and duplicates in the electoral rolls.

    About the pilot programmes on linking the voter id

    • In 2014, the Election Commission of India (ECI) conducted two pilot programmes on linking the voter id with Aadhaar in the districts of Nizamabad and Hyderabad.
    • Based on the effectiveness, the ECI called for a National Consultation on Aadhaar and voter id linking.
    • The ECI launched the National Electoral Roll Purification and Authentication Programme (NERPAP) on April 1, 2015, which had to be completed by August 31, 2015.
    • After a Supreme Court of India order on August 11, 2015, it was announced that this NERPAP would be shut down.
    • But as Telangana and Andhra Pradesh were early adopters of this programme since 2014, both States have nearly completed linking Aadhaar and voter id for all residents.
    • Methodology is unknown: The methodology followed by the ECI to find duplicate voters using Aadhaar is unknown to the general public.
    • SRDH data used: In a letter from the CEO Andhra Pradesh (then for Telangana and Andhra Pradesh) to the ECI, it is clear that the State Resident Data Hub (SRDH) application of the Government of Telangana and Andhra Pradesh was used to curate electoral rolls.
    • The SRDH has data on residents of the State which is supplied by the Unique Identification Authority of India (UIDAI) or collected further by the State governments.
    •  While the UIDAI was constrained not to collect data on caste, religion and other sensitive information data for Aadhaar, it recommended to the States to collect this information, if required, as part of Aadhaar data collection; it termed the process as Know Your Resident (KYR) and Know Your Resident Plus (KYR+).
    • It is these SRDH applications that the ECI used to curate electoral rolls which resulted in the deletion of a sizeable number of voters from the list in Telangana in 2018.

    Concerns

    • Disenfranchisement: The role of the ECI to verify voters using door-to-door verification (in 2015) has been subsumed; a software algorithm commissioned by the Government for purposes unknown to the public and maintained by a private IT company is in control now.
    • Subjecting key electoral rolls to surveillance software damages the concept of universal adult suffrage.
    • What the experience in Telangana and Andhra Pradesh highlights is voter suppression and disenfranchisement.
    • Issue of ensuring electoral integrity: In a situation where the role of money makes a mockery of the democratic process, linking Aadhaar will be futile.
    • Electronic Voting Machines (EVMs), if foolproof, put an end to the days of booth capturing prevalent in the days of paper ballots.
    • E-voting can also be gamed using malware to change the outcome of an election.
    • While the Bill does not look into large-scale e-voting, there is an issue of ensuring electoral integrity.
    • Voter profiling: An Aadhaar-voter ID linkage will also help political parties create voter profiles and influence the voting process.
    • Online trends on the day of voting and micro-targeting voters using their data will make it easier for political parties in power to use data for elections.

    Consider the question “What are the objectives of Aadhar-Voter Id linking? What are the concerns associated with such linking?”

    Conclusion

    The linking of Aadhaar with voter ID will create complexities in the voter databases that will be hard to fix. This process will introduce errors in electoral rolls and vastly impact India’s electoral democracy.

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