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GS Paper: GS2

  • What is the 13th Amendment to the Sri Lankan Constitution, and why is it contentious?

    After the Rajapaksas’ win in the November 2019 presidential polls and the August 2020 general election, the spotlight has fallen on two key legislations in Sri Lanka’s Constitution.

    Sri Lankan amendments in news

    • One, the 19th Amendment was passed in 2015 to curb powers of the Executive President, while strengthening Parliament and independent commissions.
    • The Rajapaksa government has already drafted and gazetted the 20th Amendment.
    • The other legislation under sharp focus is the 13th Amendment passed in 1987, which mandates a measure of power devolution to the provincial councils established to govern the island’s nine provinces.

    What is the 13th Amendment?

    • It is an outcome of the Indo-Lanka Accord of July 1987, signed by the then PM Rajiv Gandhi and President J.R. Jayawardene, in an attempt to resolve the ethnic conflict and civil war.
    • The 13th Amendment, which led to the creation of Provincial Councils, assured a power-sharing arrangement to enable all nine provinces in the country, including Sinhala majority areas, to self-govern.
    • Subjects such as education, health, agriculture, housing, land and police are devolved to the provincial administrations.
    • But because of restrictions on financial powers and overriding powers given to the President, the provincial administrations have not made much headway.
    • In particular, the provisions relating to police and land have never been implemented.

    Why is it contentious?

    • The 13th Amendment carries considerable baggage from the country’s civil war years. It was opposed vociferously by both Sinhala nationalist parties and the LTTE.
    • The opposition within Sri Lanka saw the Accord and the consequent legislation as an imprint of Indian intervention.
    • It was widely perceived as an imposition by a neighbour wielding hegemonic influence.
    • The Tamil polity, especially its dominant nationalist strain, does not find the 13th Amendment sufficient in its ambit or substance. However, some find it as an important starting point, something to build upon.

    Why is it significant?

    • Till date, the Amendment represents the only constitutional provision on the settlement of the long-pending Tamil question.
    • In addition to assuring a measure of devolution, it is considered part of the few significant gains since the 1980s, in the face of growing Sinhala-Buddhist majoritarianism.

    Its criticism

    • Critics argue that in a small country, the provinces could be effectively controlled by the Centre.
    • The opposition camp also includes those fundamentally opposed to sharing any political power with the Tamil minority.
    • All the same, all political camps that vehemently oppose the system have themselves contested in provincial council elections.
    • The councils have over time also helped national parties strengthen their grassroots presence and organisational structures.

  • International Criminal Court (ICC)

    The U.S. has announced sanctions including asset freezes and visa bans against two officials of the International Criminal Court (ICC) at The Hague.

    International Criminal Court

    • The ICC is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands.
    • It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.
    • It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals.
    • The ICC lacks universal territorial jurisdiction, and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the UNSC.

    Issues with ICC

    The ICC has faced a number of criticisms from states and society, including objections about-

    • its jurisdiction, accusations of bias, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness

    Implications of US sanction

    • The US action is perceived as a setback to the international rules-based multilateral order, and the decision to sanction anybody assisting the ICC will deter victims of violence in Afghanistan from speaking out.
    • The unilateral sanctions would encourage other regimes accused of war crimes to flout the ICC’s rulings.

    B2BASICS

  • Our civil services need a reboot

    The Mission Karmayogi seeks to overhaul the bureaucracy in the country. The article discusses its aims and the challenges it could face.

    Context

    • The Union cabinet’s approval of Mission Karmayogi has raised the hope of a national bureaucracy that is adequately responsive to the country’s needs.

    Need for the overhaul

    • The system’s focus needs to be role- rather than rule-specific,
    • Coordination should prevail over battles for control, and IAS officers ought to be enablers instead of red-tape wrappers. 
    • There has been a near consensus in the country that our system of policy implementation needs an overhaul.

    What  is Mission Karmayogi

    • It is an upskilling initiative for government officials that aims to fix and galvanize India’s administration.
    • As envisaged, the Karmayogi training mechanism will cover an estimated 4.6 million officials at all levels.
    • Due to the scale of the exercise elaborate multi-tier command structure is expected to be put in place for it.
    • At its apex would be a Human Resource Council, headed by the Prime Minister.
    • Human Resource Council shall approve and monitor various skill-enhancing programmes as well as review the performance of employees routinely.

    Challenges

    • Given the way our bureaucracy has operated for decades, Mission Karmayogi is likely to prove disruptive.
    • The idea of being subject to continuous evaluation by a central authority could unsettle some officers.
    • There has been some disquiet within IAS ranks over the Centre’s lateral induction of people for senior roles, perhaps the new mission will resolve such disgruntlement.

    Conclusion

    Gentralized supervision of such large numbers does not promise to be easy. Globally, centralization has been observed to militate against diversity of thought. And that’s vital to the governance of a country like India.

  • Scrutinising government’s work in limited monsoon session

    The article analyses the impact of pandemic on the functioning legislatures and issues its implications.

    Context

    • Due to coronavirus pandemic, several States have held very short sessions in which they ratified a number of ordinances and hardly questioned any executive action over the last few months.

    Role of Parliament and Court

    • The government has the mandate to take decisions and perform various public tasks.
    • Government in turn is accountable to the legislature which can question it, and, as an extreme step, even replace it.
    • The legislature is accountable to citizens through regular elections.
    • Finally, constitutional courts are expected to ensure that all actions are made within the boundaries of the Constitution and laws made by the legislature.

    Dilution of the role of Parliament in  India

    • Indian Parliament has allowed its role to be diluted over the last few decades.
    • It has not questioned and monitored the activity of the executive.
    • Comparison with British Parliament: The United Kingdom’s joint parliamentary committee on human rights examined the proposals of a contact tracing app.
    • The committee recommended that an app could be used only if there was specific primary legislation to enable it. 
    •  India, in contrast, rolled out Aarogya Setu through executive decision, and has created a grey zone on whether it is mandatory or not.
    • Parliament should recover lost ground by fulfilling its constitutionally mandated role.

    Lack of parliamentary oversight during pandemic

    • Parliament will be meeting after 175 days.
    • 175 days’ is the longest gap without intervening general elections and just short of the six-month constitutional limit.
    • During the pandemic, over 900 central and nearly 6,000 State government notifications have been issued
    • Parliamentary committees did not meet for about four months.
    • This is unlike many other countries where both the plenary and committees have adopted technology to enable members to participate from home.

    Judicial intervention in policy issues

    • The lack of parliamentary oversight has been compounded by judicial intervention in many policy issues.
    •  For example, the government’s actions related to the lockdown should have been questioned by Parliament.
    • However, this was taken to the Supreme Court, which is not equipped and mandated to balance policy options.
    • Directions of the Court have to be followed which removes flexibility needed to tackle evolving issues with implementation.
    • Consider another case, Court decided to limit the period in which telecom companies have to pay their dues to the government, and overruled a cabinet decision.
    • This is a policy matter that balances interests of telecom companies, consumers and banks.
    • This issue is best judged by the government with oversight by Parliament.
    • And court should step in if there is an illegality.

    Way forward

    • Several events have taken place over the last six months that need thorough discussion.
    • This includes ways to tackle the spread of the coronavirus, economic growth which has had a sharp fall in the first quarter of this fiscal year.
    • This has far-reaching implications for creating jobs, stability of the banking system, and government finances.
    • The government is likely to bring in a supplementary budget; indeed, a fresh look at the Union Budget may be required given the changes in basic assumptions since January.
    • The situation at the China border also needs to be discussed.

    Consider the question “Anlyse the impact of pandemic on the key organs of the democracy.”

    Conclusion

    Parliamentarians have a duty towards Indian citizens to fulfil their role in scrutinising the work of the government and guiding policy. Despite the curtailed session and the constraints due to the coronavirus, they should make the best of the limited time to do so. They need to wrest back their rightful role in our democracy.

  • Non-War Military Tactics used by China

    An annual report from the U.S. Department of Defense describes Chinese leaders’ use of tactics short of armed conflict to further the country’s objectives, citing border conflicts with India and Bhutan among the examples.

    Try this question:

    Q. What are Non-War Military Activities (NWMA)? Discuss how China is using NWMA as a tool for its overtly ambitious expansionist policy.

    Various non-war military tactics

    The report describes Non-War Military Activities (NWMA) as one of two kinds of military operations (the other is war) used by the PLA. NWMA can be conducted internationally or domestically and encompass activities in multiple domains.

    (1) Provoking armed conflict

    • China calibrates its coercive activities to fall below the threshold of provoking conflict with the United States, its allies and partners, or others in the Indo-Pacific region.
    • It can notably include operations in which the PLA uses coercive threats and/or violence below the level of armed conflict against states and other actors to safeguard its expansionism.
    • These tactics are particularly evident in China’s pursuit of its territorial and maritime claims in the South and East China Seas as well as along its border with India and Bhutan.

    (2) Neo-imperialist tools

    • China also employs non-military tools coercively, including economic tools during periods of political tensions with countries that China accuses of harming its national interests.
    • The Belt and Road Initiative is leading to a greater overseas military presence for China in the guise to protect its economic interests.

    (3) Multilateralism as a strategic messaging tool

    • The report says that China uses multilateral forums and international organisations to generate new opportunities to expand its influence, strengthen its political influence.
    • It promotes strategic messaging that portrays China as a responsible global actor, advances its development interests, and limit outside interference in and criticism of its initiatives.
    • The Brazil Russia India China South Africa (BRICS) grouping and Shanghai Cooperation Organization are among those cited as examples of this alleged phenomenon.

  • New Official Languages in J&K

    The Union Cabinet has approved a Bill to introduce Hindi, Kashmiri and Dogri as official languages in Jammu and Kashmir, in addition to Urdu and English. As of now, the official language is Urdu and Kashmiri is recognised as a regional language.

    Try this PYQ:

    Q.Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language/ Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Languages in J&K

    • In the undivided Jammu and Kashmir state, various ethnicities spoke Kashmiri, Pahari, Gojri, Ladakhi, Dogri, Balti and Punjabi as their mother tongues.
    • Urdu and Hindi had become a means for inter-community communication.
    • In 1889, Maharaja Pratap Singh, the third ruler of the Hindu Dogra dynasty, replaced Persian with Urdu as the court language.
    • It was an anomaly that the three languages — Dogri, Hindi and Kashmiri — which are spoken by nearly 70 per cent of the population of Jammu and Kashmir were not approved for use in official business.

    Official languages in India

    • Article 343 of the Indian constitution stated that the official language of the Union is Hindi in Devanagari script instead of the extant English.
    • Later, a constitutional amendment, The Official Languages Act, 1963, allowed for the continuation of English alongside Hindi in the Indian government indefinitely until legislation decides to change it.
    • The form of numerals to be used for the official purposes of the Union is “the international form of Indian numerals”, which are referred to as Arabic numerals in most English-speaking countries.
    • Despite the misconceptions, Hindi is not the national language of India; the Constitution of India does not give any language the status of the national language.
    • The Eighth Schedule of the Indian Constitution lists 22 languages, which have been referred to as scheduled languages and given recognition, status and official encouragement.

    Other classical languages

    • In addition, the Government of India has awarded the distinction of classical language to Kannada, Malayalam, Odia, Sanskrit, Tamil and Telugu.
    • Classical language status is given to languages which have a rich heritage and independent nature.

  • Kalasa-Banduri Dam Project

    India is on the brink of an acute water crisis, which has, to an extent, fabricated a looming threat of trans-boundary water conflicts. The conflict on the Mandovi / Mahadayi River— flowing through Goa, Karnataka and Maharashtra— is one such example.

    Try this PYQ:

    What is common to the places known as Aliyar, Isapur and Kangsabati?

    (a) Recently discovered uranium deposits

    (b) Tropical rain forests

    (c) Underground cave systems

    (d) Water reservoirs

    Kalasa-Banduri Project

    • The project undertaken by the Karnataka government proposes to divert Mandovi river water from Kalasa and Banduri canals into the Malaprabha river in the state.
    • The project received clearance from the Centre in 2002. It aims to construct a total of 11 dams on the river Mandovi.
    • The diversion of water from Kalasa and Banduri nullahs, however, has been the point of contention between Karnataka and Goa, with the latter claiming it would strip the state of its flora and fauna.

    The conflict

    • The Mandovi originates from Karnataka’s Belgaum district.
    • The Mandovi river basin falls into the states of Goa, Karnataka and Maharashtra.
    • The river is 81 kilometres (km) in length; 35 km of which flows in Karnataka, 1 km in Maharashtra and 45 km in Goa.
    • The seeds of the conflict were sowed over 40 years ago: In 1985, Karnataka initially explored a 350 megawatt-hydro-electric project to divert 50 per cent of the Mandovi river water in Karnataka for irrigation.
    • The plan was also to allow a steady flow of water from the power project’s storage dam after using the water for irrigation purposes in Karnataka.
    • This would have served to drinking water and irrigation purposes in Goa as well.

  • Examining the legislative error of disentitling daughters

    The article highlights the importance of the latest Supreme Court Judgement making daughter coparcener in own right by birth removing the conditions laid down in the previous judgement.

    Background

    • In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a coparcener’s daughter would become a coparcener in her own right by birth.

    Amendment in 2005 and related SC judgement

    • There is a difference between rights conferred by the Hindu Succession Act of 1956 and the amendment to that act in 2005.
    • In 1956 Act, equal right of succession at par with a son was given to a daughter, but only after the demise of the father or mother.
    • The 2005 amendment gave the right to property to a daughter in a joint Hindu family during the lifetime of the father.
    • In Prakash v. Phulavati 2005, the Supreme Court decided on the prospectivity or retrospectivity of the law creating coparcenary rights in favour of daughters.
    • It created a condition that the rights under the amendment are applicable only to living daughters of living coparceners as on September 9, 2005; however, it gave no reason as to why this was chosen as a condition.
    • The status of a daughter to be subject to her father being alive is apparently a mistake.
    • The death of an individual should not determine the rights of their heirs.
    • If any right had accrued in the daughter’s favour by a legislation, the same can’t be disturbed by death of her father.

    What the SC said in latest judgement

    • In the present judgment, Vineeta Sharma v. Rakesh Sharma , the court rightly held that as laid down in Section 6 (1) (a), daughter is to be a coparcener by birth; so there is no question of being prospective or retrospective.
    • It is the physical status that matters and should not be linked to a date.
    • Even in the case of unregistered partition deeds executed before December 20, 2004, the court has opened a new window for daughters.
    • Daughters can claim a right even in an unregistered partition deed which has not been proved conclusively.

    Conclusion

    There is a need to examine all the existing laws and wherever discriminatory practices exist, they need to be amended appropriately.

  • What are Question Hour and Zero Hour?

    The Lok Sabha Secretariat officially released the schedule for the monsoon Parliament session with Question Hour being dropped. Zero Hour will also be restricted in both Houses.

    This newscard is very narrative in its form and scope.

    Q.Discuss the various instruments of Parliamentary Control in India.

    What is Question Hour, and what is its significance?

    • Question Hour is the liveliest hour in Parliament. It is during this one hour that MPs ask questions of ministers and hold them accountable for the functioning of their ministries.
    • Prior to Independence, the first question asked of government was in 1893. It was on the burden cast on village shopkeepers who had to provide supplies to touring government officers.
    • The questions that MPs ask are designed to elicit information and trigger suitable action by ministries.
    • Over the last 70 years, MPs have successfully used this parliamentary device to shine a light on government functioning.
    • Their questions have exposed financial irregularities and brought data and information regarding government functioning to the public domain.
    • With the broadcasting since 1991, Question Hour has become one of the most visible aspects of parliamentary functioning.

    And what is Zero Hour?

    • While Question Hour is strictly regulated, Zero Hour is an Indian innovation. The phrase does not find mention in the rules of procedure.
    • The concept of Zero Hour started organically in the first decade of Indian Parliament when MPs felt the need for raising important constituency and national issues.
    • During the initial days, Parliament used to break for lunch at 1 pm.
    • Therefore, the opportunity for MPs to raise national issues without an advance notice became available at 12 pm and could last for an hour until the House adjourned for lunch.
    • This led to the hour being popularly referred to as Zero Hour and the issues being raised during this time as Zero Hour submissions.
    • Its importance can be gauged from the support it receives from citizens, media, MPs and presiding officers despite not being part of the rulebook.

    How is Question Hour regulated?

    • Parliament has comprehensive rules for dealing with every aspect of Question Hour.
    • And the presiding officers of the two houses are the final authority with respect to the conduct of Question Hour.
    • For example, usually, Question Hour is the first hour of a parliamentary sitting.

    What kinds of questions are asked?

    • Parliamentary rules provide guidelines on the kind of questions that can be asked by MPs.
    • Questions have to be limited to 150 words. They have to be precise and not too general.
    • The question should also be related to an area of responsibility of the GoI.
    • Questions should not seek information about matters that are secret or are under adjudication before courts.
    • It is the presiding officers of the two Houses who finally decide whether a question raised by an MP will be admitted for answering by the government.

    How frequently is Question Hour held?

    • The process of asking and answering questions starts with identifying the days on which Question Hour will be held.
    • At the beginning of Parliament in 1952, Lok Sabha rules provided for Question Hour to be held every day. Rajya Sabha, on the other hand, had a provision for Question Hour for two days a week.
    • A few months later, this was changed to four days a week. Then from 1964, Question Hour was taking place in Rajya Sabha on every day of the session.
    • Now, Question Hour in both Houses is held on all days of the session.
    • But there are two days when an exception is made. There is no Question Hour on the day the President addresses MPs from both Houses in the Central Hall.
    • Question Hour is not scheduled either on the day the Finance Minister presents the Budget.

    How does Parliament manage to get so many questions answered?

    • To streamline the answering of questions raised by MPs, the ministries are put into five groups. Each group answers questions on the day allocated to it.
    • For example, in the last session, on Thursday the Ministries of Civil Aviation, Labour, Housing, and Youth Affairs and Sports were answering questions posed by Lok Sabha MPs.
    • MPs can specify whether they want an oral or written response to their questions.
    • They can put an asterisk against their question signifying that they want the minister to answer that question on the floor. These are referred to as starred questions.
    • After the minister’s response, the MP who asked the question and other MPs can also ask a follow-up question.
    • This is the visible part of Question Hour, where you see MPs trying to corner ministers on the functioning of their ministries on live television.

    How do ministers prepare their answers?

    • Ministries receive the questions 15 days in advance so that they can prepare their ministers for Question Hour.
    • They also have to prepare for sharp follow-up questions they can expect to be asked in the House.
    • Governments’ officers are close at hand in a gallery so that they can pass notes or relevant documents to support the minister in answering a question.
    • When MPs are trying to gather data and information about government functioning, they prefer the responses to such queries in writing.
    • These questions are referred to as unstarred questions. The responses to these questions are placed on the table of Parliament.

    Are the questions only for ministers?

    • MPs usually ask questions to hold ministers accountable. But the rules also provide them with a mechanism for asking their colleagues a question.
    • Such a question should be limited to the role of an MP relating to a Bill or a resolution being piloted by them or any other matter connected with the functioning of the House for which they are responsible.
    • Should the presiding officer so allow, MPs can also ask a question to a minister at a notice period shorter than 15 days.

    Is there a limit to the number of questions that can be asked?

    • Rules on the number of questions that can be asked in a day have changed over the years.
    • In Lok Sabha, until the late 1960s, there was no limit on the number of unstarred questions that could be asked in a day.
    • Now, Parliament rules limit the number of starred and unstarred questions an MP can ask in a day.
    • The total numbers of questions asked by MPs in the starred and unstarred categories are then put in a random ballot.
    • From the ballot in Lok Sabha, 20 starred questions are picked for answering during Question Hour and 230 are picked for written answers.
    • Last year, a record was set when on a single day, after a gap of 47 years, all 20 starred questions were answered in Lok Sabha.

    Have there been previous sessions without Question Hour?

    • Parliamentary records show that during the Chinese aggression in 1962, the Winter Session was advanced.
    • The sitting of the House started at 12 pm and there was no Question Hour held. Before the session, changes were made limiting the number of questions.
    • Thereafter, following an agreement between the ruling and the Opposition parties, it was decided to suspend Question Hour.

  • Mission Karmayogi for Civil Services Capacity Building

    The Union Cabinet gave its approval for Mission Karmayogi, a new national capacity building and performance evaluation programme for civil servants.

    Try this MCQ:

    Q.The Mission Karmayogi recently seen in news is related to:

    a) EPFO reforms

    b) Labour laws reforms

    c) Civil Services reforms

    d) Artisans and Handicrafts

    Mission Karmayogi

    • The mission is established under the National Programme for Civil Services Capacity Building (NPCSCB).
    • It is aimed at building a future-ready civil service with the right attitude, skills and knowledge, aligned to the vision of New India.
    • It is meant to be a comprehensive post-recruitment reform of the Centre’s human resource development, in much the same way as the National Recruitment Agency approved last week is pre-recruitment reform.

    Why such a mission?

    • The capacity of Civil Services plays a vital role in rendering a wide variety of services, implementing welfare programs and performing core governance functions.

    Major undertakings of the scheme

    • The scheme will cover 46 lakh, Central government employees, at all levels, and involve an outlay of ₹510 crores over a five-year period, according to an official statement.
    • The programme will support a transition from “rules-based to roles-based” HR management so that work allocations can be done by matching an official’s competencies to the requirements of the post.
    • Apart from domain knowledge training, the scheme will focus on “functional and behavioural competencies” as well, and also includes a monitoring framework for performance evaluations.
    • Eventually, service matters such as confirmation after probation period, deployment, work assignments and notification of vacancies will all be integrated into the proposed framework.
    • The capacity building will be delivered through iGOT Karmayogi digital platform, with content drawn from global best practices rooted in Indian national ethos.

    Apex bodies under the mission

    • The Prime Minister’s Public Human Resource Council will be set up as the apex body to direct the reforms.
    • There will be an autonomous Capacity Building Commission to be established to manage the reformed system and harmonize training standards across the country so that there is a common understanding of India’s aspirations and development goals.
    • A wholly government-owned, not-for-profit special purpose vehicle will be set up to own and operate the digital platform and its content.