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GS Paper: GS2

  • Electoral Bond Scheme

    A recent order passed by CIC in an appeal against the State Bank of India (SBI) has once again highlighted the issues with the Electoral Bond Scheme. The article deals with this issue.

    Issues with the scheme

    • The scheme creates banking instruments for a donation of funds to political parties facilitated by the SBI.
    • It conceals the identity of the donors and donees as well as the amount of donation.
    • In effect, the scheme is not transparent, promotes arbitrariness, and is therefore illegal.
    • The scheme facilitates undisclosed quid pro quo arrangements between donors, who are likely to be corporates, and political parties.
    • The Supreme Court held that the freedom of speech and expression also contained the fundamental right of a voter to secure information about the candidates.
    • When the voter is permitted to know if an electoral candidate is facing any cases, she should be equally entitled to know who is financing the expenses of the party and its candidate.

    CIC order and RTI Act

    • The CIC, in an earlier order, deemed political parties to be public authorities under the RTI Act.
    • In the present order, the CIC  has upheld the contention of the SBI that it is not required to furnish the details of donors, donees, and donations, under the RTI Act.
    • In doing so, SBI has relied on two grounds provided under Section 8 of the RTI Act.
    • Section 8 exempts disclosure of information if it has been held in a fiduciary capacity and that there was no public interest involved in the application.
    • However,  any exemption provided under Section 8 should be read-only in a very narrow sense.
    • Section 8(2) directs that when public interest outweighs any harm to protected interests, the information sought may be accessed.
    • Therefore, it overrides the grounds erroneously relied upon by the CIC.
    • The public interest in the present matter is indisputable.

    Consider the question “What are the various provisions in the Electoral Bond Scheme? How some of its provisions could come in conflict with the RTI Act.”

    Conclusion

    By suppressing knowledge of political financing, we are breaking the basic bonds of democracy holding the country together. An unsettled law is as dangerous as bad law. The Court must conclusively settle the questions around the constitutionality of electoral bonds.

  • Global Alliance for Vaccines and Immunization (GAVI)

    Union Health Minister has been nominated by the Global Alliance for Vaccines and Immunisation (GAVI) as a member of the GAVI Board.

    Q.The Covid-19 pandemic has exposed the limitations of global cooperation. Critically analyse.

    GAVI

    • GAVI is a public-private global health partnership with the goal of increasing access to immunization in poor countries.
    • GAVI has observer status at the World Health Assembly.
    • GAVI has been praised for being innovative, effective, and less bureaucratic than multilateral government institutions like the WHO.
    • Members: the WHO, UNICEF, the World Bank, the vaccine industry in both industrialized and developing countries, and the Bill & Melinda Gates Foundation among others.
    • GAVI programs can often produce quantified, politically appealing, easy-to-explain results within an election cycle, which is appealing to parties locked in an election cycle.

    Its function

    • It currently supports the immunization of almost half the world’s children, giving it the power to negotiate better prices for the world’s poorest countries and remove the commercial risks of manufacturers.
    • It also provides funding to strengthen health systems and train health workers across the developing world.

    Significance of India’s membership

    • The GAVI Board is responsible for the strategic direction and policymaking oversees the operations of the Vaccine Alliance and monitors program implementation.
    • With membership drawn from a range of partner organizations, as well as experts from the private sector, the Board provides a forum for balanced strategic decision making, innovation, and partner collaboration.

  • Dealing with the challenges India faces

    The article deals with the challeges India has to deal with in 2021 on the various front like foreign policy and economy.

    Major challenge of 2020

    • The COVID-19 pandemic, which embraced every segment of Indian society was the most insidious threat.
    • Since April, India has confronted an unprecedented situation on the border with China in eastern Ladakh.
    • Ever since, the border has remained live; as of now there is no end in sight.
    • Chinese behaviour at the border has led to a grave hiatus in India-China relations.
    • Internal problems such as Naxalite violence and Jammu and Kashmir endured during much of 2020.
    • The economy is in recession. India has slipped further down the scale in the Human Development Index.
    • Slippages have occurred in the Global Economic Freedom Index.

    How India should deal with the challenges ahead

    1) China challenge and foreign policy

    • In foreign policy India must not remain content or satisfied with the current stand-off with China in the Ladakh sector.
    • The conflict with China is enabling many of its neighbours to play China against India.
    • So, India should think of what better options are available to it to resolve that conflict
    • To tackle China, India must come up with a whole new paradigm of ideas on which further actions can be formulated.

    2) State of the economy

    • India must seek to enhance its competitive advantage vis-a-vis other nations.
    • India should focus on export-oriented economic strategy instead of looking inward to enlarge its economy.
    • India should enhance its export capacity.
    • India’s strength lies in its diversity, and its ability to utilise all available opportunities.
    • The other pressing challenge in 2021 would be job creation for the youth, who are India’s most abiding asset.
    • The government must take urgent steps to set right the disruptions in the labour market caused by the pandemic.
    • Creating new jobs in new industries should be a critical requirement.
    • Stimulating demand would ensure growth in job opportunities, and this should go hand in hand with this task.
    • The importance of such measures must not be underestimated.

    3) Restoring confidence in constitutional practices

    • The government to restore confidence in constitutional proprieties, practices and principles.
    • There is a crisis of confidence which is affecting the body politic.
    • The starting point would be effecting an improvement in Centre-State relations, particularly between Centre and States.
    • As digital technology advances, concerns that an unduly centralised Central government could use this to further reduce the independent authority of States will again need to be dispelled.
    • Effective cooperation between the Centre and the States must be restored as early as possible to instil confidence about India’s democratic future.

    Consider the question “What are the challenges ahead for Indian economy in the wake of economic disruption caused by the pandemic? Suggest the way to deal with these challenges.”

    Conclusion

    As 2020 comes to a close, it might be worthwhile to take a hard look at these issues to ensure that 2021 does not become another wasted year.

  • Governor’s role in calling an Assembly Session

    In yet another tug-of-war between Kerala Governor and CM, the Governor has turned down a request to summon a special sitting of the Assembly to debate the new three central farm laws.

    Q.The political nature of the office of the Governor, especially in Opposition-ruled states, has been underlined in several instances by courts. Discuss.

    Governor and Assembly Session

    • The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…” says Article 174 of the Constitution.
    • The provision also puts on the Governor the responsibility of ensuring that the House is summoned at least once every six months.
    • Although it is the Governor’s prerogative to summon the House, according to Article 163, the Governor is required to act on the “aid and advice” of the Cabinet.
    • So when the Governor summons the House under Article 174, this is not of his or her own will but on the aid and advice of the Cabinet.

    Can the Governor refuse the aid and advice of the Cabinet?

    • There are a few instances where the Governor can summon the House despite the refusal of the Chief Minister who heads the Cabinet.
    • When the CM appears to have lost the majority and the legislative members of the House propose a no-confidence motion against the CM, then the Governor can decide on his or her own on summoning the House.
    • But the actions of the Governor, when using his discretionary powers can be challenged in court.

    Precursors set by the Supreme Court

    • A number of rulings by the Supreme Court have settled the position that the Governor cannot refuse the request of a Cabinet that enjoys the majority in the House unless it is patently unconstitutional.
    • The latest in the line of rulings is the landmark 2016 Constitution Bench ruling in which the Supreme Court looked into the constitutional crisis in Arunachal Pradesh.
    • The Governor had imposed President’s Rule in the state of Arunachal.
    • In ordinary circumstances during the period when the CM enjoy the confidence of the majority, the power vested under Article 174 must be exercised with the aid and advice of the CM and his CoM.
    • In the above situation, he/she has precluded [from taking] an individual call on the issue at his own will, or in his own discretion, the verdict said.
    • The court read: the power to summon the House as a “function” of the Governor and not a “power” he enjoys.

    What Sarkaria Commission had said?

    • The Sarkaria Commission of 1983, reviewed the arrangements between the Centre and the states, had said that so long as the CoM enjoys the confidence of the Assembly, its advice in these matters, unless patently unconstitutional must be deemed as binding on the Governor.
    • It is only where such advice if acted upon, would lead to an infringement of a constitutional provision if the CoM has ceased to enjoy the confidence of the Assembly.

    What happens if the Kerala government insists on holding the special session?

    • Since the Governor’s powers are limited with regard to summoning the House, there can be no legal ground to deny a request for summoning the session.
    • In such a political row, the Governor’s refusal can also be challenged in court.

  • What is Inner-Line Permit?

    Union Home Minister has said that Inner-Line Permit (ILP) had been the Centre’s biggest gift to Manipur since its statehood.

    Note the states where ILP is required.

    The Inner Line

    • A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
    • To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
    • Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added (in December last year).
    • The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.

    Its’ Inception

    • The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
    • The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
    • On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
    • After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
    • Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.

  • [pib] PM-JAY SEHAT

    The Prime Minister has launched Ayushman Bharat PM-JAY SEHAT to extend coverage to all residents of Jammu & Kashmir.

    Q.Discuss various challenges in ensuring Universal Healthcare in India. (150W)

    PM-JAY SEHAT

    • The full form of SEHAT is social, endeavor for health, and telemedicine. Under this scheme, the SEHAT card will be distributed to all the eligible beneficiaries.
    • All the eligible beneficiaries of Jammu and Kashmir can apply for the Scheme through common service center operators
    • Around 1 crore beneficiaries will cover under this scheme. All the eligible citizens of Jammu and Kashmir will get cashless treatment up to Rs 5 lakh under the Scheme.

  • Deconstructing the opposition between merit and reservation

    The Supreme Court in recent judgement in Saurav Yadav Vs. State of Uttar Pradesh made it clear that reservation and merit are not mutually exclusive. The article deals with this issue.

    Vertical Vs. Horizontal reservation

    • Articles 15(4) and 16(4) enable vertical reservation based on slotting the population in terms of SC, ST, OBC, and General Category.
    • But there is also a class of reservations that cuts across all these categories and are referred to as horizontal reservation.
    • Horizontal reservation includes a reservation for women differently-abled persons, freedom fighters, army veterans, etc.

    Specifying the relationship between horizontal and vertical reservation

    • In cases like Anil Kumar Gupta v/s State of Uttar Pradesh, the Court had made it clear that horizontal reservation ought to be generally understood in compartmentalized terms: recognition of inequalities within each vertical category.
    •  In a particular case, candidates were excluded from competing from the General Category positions even though they have scored more, simply because they were OBC.
    • However, some state governments are trying to use the open category seats as a quota for general category candidates.
    • The High Courts had been giving contrary directions: Uttar Pradesh and Madhya Pradesh excluded reserved category women for consideration in the general category.
    • Rajasthan and Gujarat, amongst others, included them.
    • The Supreme Court, in a three-judge bench, ruled against the UP government and clarified the relationship between horizontal and vertical reservations.

    Analyzing the judgment

    • The judgments reiterate the principle that groups eligible for horizontal reservation cannot be excluded from the open category seats because they are from other vertically reserved category communities, like SC or OBC.
    • Women from all categories are eligible to be considered for the open category.
    • It also made it clear that the open category seats are not meant to be a quota for the non-reserved categories.

    Merit Vs. Reservation

    • The Court has often contrasted merit with reservation.
    • But this has always been a mistaken view of the relationship between merit and reservation.
    • In principle, reservation is an instrument for identifying merit in individuals from historically marginalized communities.
    • The Court is saying that by excluding the adjustment of OBC women who had scored higher against general category seats, the UP government was ironically using the General Category to exclude meritorious candidates.
    • When the Court is using the term merit, it is simply pointing out that certain selection criteria are being used.
    • Such selection criteria are also within particular reserved categories: which is also a function of selection criteria, in this case, marks.
    • From this point of view, even those who advocate reservation do not fully give up on the meritocratic criteria of selection — they just apply it differentially.
    • What the Court was concerned with is fairness in the application of the selection criteria within the overall framework of reservation.

    Conclusion

    What the court is trying to say something more interesting: Members of the reserved category must be fully considered as falling under the rubric of being potentially meritorious.

  • Possibility of judicial use or misuse of Article 356

    Article 356 and the word ‘otherwise’ in it has led to the recent Andhra Pradesh High Court order. The order raises several questions. The article deal with this issue.

    Controversial High Court order

    • Recently the Andhra Pradesh High Court directed the Andhra Pradesh government to come prepared to argue on the ‘breakdown of constitutional machinery in the state’.
    • The order opens up the possibility of use or even misuse of Article 356 by the judiciary.
    • The Supreme Court of India has stayed the order.
    • However, we need to go deeper into this observation and look at the controversial provision of Article 356 due to which the High Court could make such an observation.

    Historical background of the article

    • Both India and Pakistan borrowed this provision from the Government of India Act, 1935.
    • Interestingly, the leaders of our freedom struggle were so very opposed to this provision that they forced the British government to suspend it.
    • The provision which we had opposed during our freedom struggle was incorporated in the Constitution strangely in the name of democracy, federalism and stability.
    • It was agreed in the Constituent Assembly that the Governor could use this emergency power.
    • By this time the Governor was supposed to be elected by the people of the State rather than nominated by the Centre.
    • After several revisions, provision became Article 278 (now Article 356).

    The issue with the word ‘otherwise’

    • H.V. Kamath criticised the word ‘otherwise’ and said only god knows what ‘otherwise’ means.
    • As the Governor had been made a nominee of the Centre by this time, he asked why the President could not have confidence in his own nominees.
    • ‘Otherwise’ can include anything including a presidential dream of breakdown of constitutional machinery in a state.
    • The Andhra Pradesh High Court could pass such an order due to this very term ‘otherwise’.
    • This word negates the ideals of constitutionalism by giving unlimited powers to the Centre, also allowed the High Court to overstepped the line.
    • But this is not the first instance of judicial overreach on this issue.
    • On August 13, 1997, a Patna High Court had observed that the High Court could also report to the President about the breakdown of constitutional machinery in the State.

    Repeated misuse of Article 356

    • In the very first invocation of Article 356 in 1951, central government removed the Gopi Chand Bhargava ministry in Punjab though he enjoyed the majority.
    • In 1959, it was used against the majority opposition government of the E.M.S. Namboodripad government in Kerala.
    • Indira Gandhi used Article 356 as many as 27 times.
    • The most notable case of non-use of Article 356 was the refusal of the P.V. Narasimha Rao government prior to the demolition of the Babri Masjid.

    Consider the question “Examine the contest in which the word ‘otherwise’ in Article 356 leads to judiciary exercising its powers. What are the concerns in such case?”

    Conclusion

    Ideally, the word ‘otherwise’ should be deleted from Article 356 and the provision be used only sparingly and to never remove a majority government.

  • Reading the new US policy on Tibet

    The Tibet Policy and Support Act (TPSA) passed by the US Senate earlier this week, bookends a turbulent year in US-China relations.

    Must read:

    Tibetan Policy and Support Act (TPSA)

    Do you think that India’s support for the Tibetan cause is the root cause of all irritants in India-China relations?

    TPSA: A backgrounder

    • The TPSA is an amended version of the Tibet Policy Act of 2002, which came into existence during the Bush Administration.
    • The act once signed into law would make it the official policy of the US Government to oppose any effort by the govt. of the People’s Republic of China to select, educate, and venerate Tibetan Buddhist religious leaders in a manner inconsistent with Tibetan Buddhism.
    • The proposed legislation will empower the US Government to impose sanctions on China who might try to interfere in the process of selecting the next incarnation of the Dalai Lama.

    US and China, today

    • US-China relations have become much more difficult over the last two decades, particularly worsening in the Trump Administration.
    • The matters range from the pandemic to trade tariffs and its cross-world coalition-building against Chinese superpower ambitions.
    • Earlier in the year, President Donald Trump signed into law the Hong Kong Autonomy Act.

    Fuelled by TPSA

    • Adding much fuel to the issue, the TPSA introduces stronger provisions on Tibet, plus teeth in the form of a threat of sanctions, including travel bans on Chinese officials.

    The Dalai Lama

    • Among the most significant amendments is that the TSPA makes it US policy to oppose attempts by Beijing to install its own Dalai Lama in a manner inconsistent with Tibetan Buddhism.
    • The legislation makes reference to the Chinese government’s ‘Measures on the Management of the Reincarnation of Living Buddhas’ in 2007.
    • China had earlier insisted that the reincarnation of living Buddhas including the Dalai Lama must comply with Chinese laws and regulations.

    Other provisions of TPSA

    • The TPSA has introduced provisions aimed at protecting the environment of the Tibetan plateau, calling for greater international cooperation and greater involvement by Tibetans.
    • Alleging that China is diverting water resources from Tibet, the TPSA also calls for a regional framework on water security, or use existing frameworks… to facilitate cooperative agreements among all riparian nations.
    • While the 2002 Act said the US should establish a “branch office” in Lhasa, the TSPA ups the ante by changing that to a “consulate”.
    • It recognizes the Central Tibetan Administration, whose Prime Minister Lobsang Sangay takes credit for ensuring that the Senate took up the legislation for a vote.

    Chinese response to TPSA

    • China had earlier said the TPSA severely breached international law and basic norms governing international relations, interfered in China’s internal affairs, and sent a wrong message to ‘Tibet independence’ forces”.
    • After the passage of the Bill through the Senate, China said it “resolutely opposes” the “adoption of Bills containing such ill contents on China.

    India’s present stance on Tibet

    • If India is pleased with this latest US barb to China, it has not said so openly.
    • India has mostly refrained from playing the Tibet card against China, and like the US, has a one-China policy.
    • It was only this year, in the ongoing Ladakh standoff, that it used Special Forces made up almost entirely of Tibetan exiles to occupy strategic heights in Pangong Tso’s south bank.

  • Issues related to Urban local bodies

    The inability of ULBs’ to raise revenue

    • Although it is envisaged that municipal revenue should be 1% of GDP, between 2010 and 2018 revenues declined from 0.48% to 0.43%.
    • As against the municipal revenue of Rs 4,624 per capita, own-source revenue was only Rs 1,975 in 2018 (ICRIER, 2019).
    • This affects the low-levels of municipal services and translates into salary delays for employees.

    8-way strategy to increase the revenue of ULBs

    1) Increasing the property tax base

    • In India, property taxes only account for 0.15% of GDP, whereas in developing economies they account for 0.6% and the global average is 1.04%.
    • To double the property tax collection the property tax base needs to be expanded using GIS mapping, cross-checking with building licenses, ration cards, mutations, electricity/gas accounts, and review of exemptions.
    • This also needs to cover government properties as per GoI circular 2009 and the SC judgment in Rajkot Corporation vs Railways.
    • Similarly, rates need revision in the guiding value for rent or unit area; for instance, in Delhi, rates are fairly low.
    • The collection process needs to be automated too.
    • ABC (Always best Control) analysis should be done to target the top 10-20% properties, and measures such as attaching bank accounts must be implemented.

    2) Upward revision of various fees

    • The value capture taxes need to include upward revision of building license fee and new sources like impact fee, as imposed in Telangana, exactions, and betterment levy like the one imposed in Gujarat.

    3) Levy advertisement fee

    • An advertisement fee needs to be levied.
    • Thiruvananthapuram listed the sites and plugged leakages for 33,170 unauthorized boards to double its income from 2018 to 2019.
    • South Delhi MC has achieved a three-time increase with revision of rates in a ratio of 1:8 as per location and by dividing the city into clusters.

    4) Local fee

    • Local fee/charges also have immense potential such as (i) recovery on user charges (water, etc) which is only 20% (ii) right of way from gas/electricity and fiber optic lines, (ii) cell tower, (iii) leasing electricity poles, etc.

    5) Participatory funding

    • The potential of participatory funding (private sector, CSR, and local community) needs to be tapped.
    • This has been done by Bengaluru, Ahmedabad, Mathura (Hybrid Annuity project), Indore, and Pune.

    6) Special attention for assigning and activating the fiscal instrument

    • Sixth, small and medium-sized municipal bodies need special attention for assigning and activating fiscal instruments.
    • Better mobilization of own sources may also lead to revenue account surplus.
    • This has been achieved in Ahmedabad, Pune, etc and it also enables access to the capital market.

    7) Revision of Article 243X

    • Article 243X needs suitable revision to allow larger inclusion of fiscal instruments above within the scope of a municipality’s own sources.

    8) Creating ULBs as per MoHUA’s advisory

    • Over 3,000 census towns not having city government need special attention to create ULBs in line with MoHUA’s advisory in 2016.
    • It will create an innovative and effective financing framework for sustainable urban development.

    Conclusion

    Financially strong local bodies hold the key to the development of the country. The steps mentioned here needs to be implemented effectively to make the ULBs financially strong.

    Source:-

    https://www.financialexpress.com/opinion/bolster-ulbs-capacity-to-raise-revenue/2157171/