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GS Paper: Statutory, Regulatory & Various Quasi-Judicial Bodies

  • Intra party elections

    Intra party electionContext

    • Congress party has issued a notification for the party’s presidential election hinting towards intra party election.
    • As per the official notification, party leaders can file nominations from 24 September to 30 September. The voting will be held on 17 October and the results will be declared on 19 October.

    What are the elections?

    • An election is a way people can choose their representatives of their preferences in a representative democracy. Elections enable people to judge the performance of the government.

    Why they are important?

    • Elections give people a chance to evaluate their leaders, chance to change the government.
    • Elections help the people in the selection of their representatives and it provides law making power directly to the people.
    • Elections make a fundamental contribution to democratic governance.

    Intra party electionWhat is mean by Intra party elections?

    • It is a mechanism to choose the candidates for various posts of the political through a democratic process, it’s a mandate given by the members of the party itself.
    • The intra-party election is a fundamental indicator to explore the authenticity of democratization and decentralization of political parties.

    Why elections are necessary within the political parties?

    • Internal debates: During intra party elections there would be contests between leaders. There will be debate, discussions some criticism, and differences of opinion. There should be a dialogue between the leaders, members and volunteers
    • Democratic culture: Political parties don’t have to be homogeneous in terms of both ideas and leadership. Political parties are aggregations of interests yet Party workers should not feel they are being ignored, that their efforts are not appreciated or not going in vain under the shadow of a leader came from the family lines.
    • Political career: Having these internal elections, meetings and contests of ideas is important.  Internal election is a key for upward mobility. It gives better understanding of the party’s idea, culture and the work process.
    • High command culture: High command culture is what we are witnessing today in India and South Asia is problematic for democracy, where all political parties are centralized. The few members at the helm are controlling even the smallest decisions about what party should do. Members are not able to express freely their personal views.
    • Feudalism: They are family-controlled parties, and dynastic politics has become a norm. Won’t be able to name more than three or four political parties which have survived 30 years in Indian politics and are today not controlled by apolitical family.
    • Favoritism: where you can only rise up the ranks in the system depending on the relationship you share with the first family of that party. Irrespective of difference of opinions with the top leaders of the party, the upward mobility majorly depends on the relationship.

    Intra party electionWhat is a Legal framework for election?

    There is no law for intra-party elections as of now.

    • Seshan effect: When T.N. Seshan was at the helm of the Election Commission of India (ECI); by an executive order political parties were ordered to conduct intra party elections. And because Seshan was a much respected and feared person, political parties complied with it. Since then, elections are held periodically in every recognized party.
    • What Constitution says: Article 324 says free and fair elections to parliament, state assemblies, president and vice-president. It doesn’t say anything about political party or election within.
    • What Courts argue: The courts have made an observation that nothing in Article 324 of the Constitution, or Section 29A of the Representation of the People Act, 1951 tells us that the ECI can actually regulate internal structures, organizations or elections of the party. Which is why parties, on the left or right, have not been conducting internal elections as we want them to conduct them

    Worldwide practice

    • USA: In the U.S. election, the selection of the candidate to be the presidential nominee is done via debate, in which the contenders condemn and criticize each other.
    • UK: In the U.K. Democracy should be at every level, and political parties are an essential pillar of democracy. Intra party election happens to choose the leader of party.

    What is state funding of election?

    • It is an idea where state or Government of India provides funding to political parties according to their electoral performance.
    • As of today, state does provide land at concessional rate, free air time on national television but today political parties do not come under RTI. Hence some suggest state funding of elections to regulate the behavior of political parties.

    What is the Role of Election Commission in organizational election of political parties?

    • The ECI does insist on organizational elections, but only gently. They do go through the process.
    • Election can happen only if there are two or more candidates in the fray. Getting elected unopposed is also a valid election. It is not just within the political parties, we have

    Seen it in panchayat elections and sometimes even in Lok Sabha and State Assembly elections that candidates have got elected unopposed.

    Intra party electionHow to fix the accountability of the political parties?

    • ECI re-interpreting the existing laws, as happened in the 1990s. ECI has to imagine its role as a regulator of these political parties and in some ways. They have to try out milder options.
    • Political parties are required to hold organizational elections regularly. The parties are required to inform the ECI about changes in their office-bearers.
    • They are required to submit a document of expenditure incurred during elections and in the non-election periods. But there is no cost attached to non-compliance.
    • Expert suggests state funding of election would ensure the accountability of parties as it will bring parties under ambit of RTI and voters can seek the expenditure report from parties. Election commission can also penalize party for non-compliance.

    Conclusion

    • Election for a gram panchayat or presidential it is always a booster for democracy. Intraparty elections are beneficial for party, contesting individual and country at large, it culminates into emergence of quality leadership which in turn a boon for good governance.

    Mains Question

    Q. Intra party elections are essential feature of healthy democracy. Discuss the role of election commission, the courts and the political parties for the healthy functioning of intra party democracy.

    Do follow

    Internal democracy in political parties

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  • Dam safety bill for sustainable water management

    dam safety billContext

    • Integrated risk assessment of dam safety required to prevent human-made disasters: Experts

    Why in news?

    • The recent floods in the Mahanadi basin in Odisha have brought to the fore, the faulty management of dam safety, which were built to mitigate floods and not be the cause of them.

    What is a dam?

    • A dam is a barrier that stops the flow of water and results in the creation of a reservoir. Dams are mainly built in order to produce electricity by using water. This form of electricity is known as hydroelectricity.
    • Reservoirs created by dams not only suppress floods but also provide water for activities such as irrigation, human consumption, industrial use, aquaculture, and navigability.

    Key facts

    India has 5,745 large dams according to the National Register of Large Dams, 2019, prepared by the Central Water Commission. Some 5,334 of them are operational and the remaining 411 are under construction.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.

    Features

    • National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    • National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    • State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    • Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    • Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    • Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    dam safetyDam rehabilitation and improvement programme DRIP

    • Government of India, with financial assistance from the World Bank initiated Dam Rehabilitation and Improvement Project (DRIP) in April 2012 with an objective to improve the safety and operational performance of selected existing dams along with dam safety institutional strengthening with system wide management approach. It was a State Sector Scheme with Central component.

    Do you know?

    Four dams — Mullaperiyar, Parambikulam, Thunakkadavu and Peruvaripallam — located in Kerala but owned, operated and maintained by the Tamil Nadu Government.

    Conclusion

    • The bill aims to help all States and Union Territories to adopt uniform dam safety procedures which will ensure safety of dams and safeguard benefits from such dams. In order to iron out the differences and issues in the bill, central government should take the state governments into consideration and hold talks with all the stakeholders. This will go a long way in ensuring the safety of dams in India, which ranks third in the world in terms of number of large dams.

    Mains question

    Q. India, which ranks third in the world in terms of number of large dams. Ageing dams poses several challenges for India. In this context discuss the importance of dam safety bill 2021.

     

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  • Parameswaran Iyer will be new NITI Aayog CEO

    Parameswaran Iyer, a senior official who helmed the Swachh Bharat Abhiyan, will be the new Chief Executive Officer (CEO) of the NITI Aayog.

    What is the news?

    • Iyer replaces Amitabh Kant, who completes his term in the office on June 30.
    • Kant was appointed CEO of the National Institutions for Transforming India (NITI) Aayog on February 17, 2016, for two years.
    • He got three extensions during his tenure.

    Do you know?

    Under Mr. Kant, the NITI Aayog helped the Centre launch several programmes such as Digital India and Make in India.

    What is NITI Aayog?

    • The NITI Aayog serves as the apex public policy think tank of the GoI.
    • It was established in 2015, by the NDA government, to replace the Planning Commission which followed a top-down model.
    • It advises both the centre and states on social and economic issues.
    • It is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.

    Composition of NITI Aayog

    • The Prime Minister of India is the chairperson/chairman of the NITI Aayog.
    • The PM appoints one Vice-Chairperson, who holds the rank of a cabinet minister.
    • It includes the Chief Ministers of all the states and Union territories.
    • It has Regional Councils for looking after contingencies in regional areas. It is convened and chaired by the Prime Minister of India and includes concerned chief ministers and Lt. Governors.
    • The Prime Minister nominates Personalities with skilled knowledge, who are experts in particular domains as special invitees.
    • There are full-time members who hold the rank of ministers.
    • There is a maximum of two Part-time members who are invited from leading organisations, universities, and research centres.
    • The Prime Minister also appoints one Chief Executive Officer (CEO) who holds the rank of a Secretary.

    Aims, Agenda, and Objectives of NITI Aayog

    The purpose with which NITI Aayog was formed in place of the Planning Commission was a far-sighted vision. It was important to boost the development of India in the emerging global scenario. The objectives are:

    • To generate a platform for national development, sectors and strategies with the collaboration of states and centre.
    • To boost the factor of cooperative federalism between the centre and the states. For national development, it is necessary for both wings to work in synergy.
    • To develop such mechanisms which work at the ground root level for progressive growth. A nation develops when its regions and states develop.
    • To work on long term policies and strategies for long-term development. To set up a system for monitoring progress so that it can be used for analysing and improving methods.
    • To provide a platform for resolving inter-departmental issues amicably.
    • To make it a platform where the programmes, strategies, and schemes can be monitored on a day to day basis, and it could be understood which sector needs more resources to develop.
    • To upgrade technological advancements in such a manner that focus can be made on iNITIatives and programmes.
    • To ensure India’s level and ranking at the worldwide level and to make India an actively participating nation.
    • To progress from food security towards nutrition and standardised meals and focus on agricultural production.
    • To make use of more technology to avoid misadventures and corruption in governance.
    • To make the working system more transparent and accountable.

    NITI Aayog – Seven Pillars of Effective Governance

    • NITI Aayog works on principles like Antyodaya (upliftment of poor), inclusion (to include all sections under one head), people participation, and so on.
    • NITI Aayog is a body that follows seven pillars of governance. They are:
    1. To look after pro-people agenda so that the aspirations and desires of no one are compromised.
    2. To respond and work on the needs of citizens.
    3. Make citizens of the nation involve and participate in various streams.
    4. To empower women in all fields, be it social, technical, economic, or other.
    5. To include all sects and classes under one head. To give special attention to marginalised and minority groups.
    6. To provide equal opportunity for the young generation.
    7. To make the working of government more accountable and transparent. It will ensure less chance of corruption and malpractices.

     

    Try this PYQ from CSP 2019:

    In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity, etc.?

    1. Ad Hoc Committees set up by the Parliament
    2. Parliamentary Department Related Standing Committees
    3. Finance Commission
    4. Financial Sector Legislative Reforms Commission
    5. NITI Aayog

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 1, 3 and 4

    (c) 3, 4 and 5

    (d) 2 and 5

     

    [wpdiscuz-feedback id=”42v0aebojc” question=”Please leave a feedback on this” opened=”1″]Post your answer here.[/wpdiscuz-feedback]

     

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  • NITI Aayog gets a new Vice-Chairman

    The government has appointed Suman K. Bery as the vice-chairman of the NITI Aayog following the resignation of Rajiv Kumar.

    What is NITI Aayog?

    • The NITI Aayog serves as the apex public policy think tank of the GoI.
    • It was established in 2015, by the NDA government, to replace the Planning Commission which followed a top-down model.
    • It advises both the centre and states on social and economic issues.
    • It is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.

    Composition of NITI Aayog

    • The Prime Minister of India is the chairperson/chairman of the NITI Aayog.
    • The PM appoints one Vice-Chairperson, who holds the rank of a cabinet minister.
    • It includes the Chief Ministers of all the states and Union territories.
    • It has Regional Councils for looking after contingencies in regional areas. It is convened and chaired by the Prime Minister of India and includes concerned chief ministers and Lt. Governors.
    • The Prime Minister nominates Personalities with skilled knowledge, who are experts in particular domains as special invitees.
    • There are full-time members who hold the rank of ministers.
    • There is a maximum of two Part-time members who are invited from leading organisations, universities, and research centres.
    • The Prime Minister also appoints one Chief Executive Officer (CEO) who holds the rank of a Secretary.

    Aims, Agenda, and Objectives of NITI Aayog

    The purpose with which NITI Aayog was formed in place of the Planning Commission was a far-sighted vision. It was important to boost the development of India in the emerging global scenario. The objectives are:

    • To generate a platform for national development, sectors and strategies with the collaboration of states and centre.
    • To boost the factor of cooperative federalism between the centre and the states. For national development, it is necessary for both wings to work in synergy.
    • To develop such mechanisms which work at the ground root level for progressive growth. A nation develops when its regions and states develop.
    • To work on long term policies and strategies for long-term development. To set up a system for monitoring progress so that it can be used for analysing and improving methods.
    • To provide a platform for resolving inter-departmental issues amicably.
    • To make it a platform where the programmes, strategies, and schemes can be monitored on a day to day basis, and it could be understood which sector needs more resources to develop.
    • To upgrade technological advancements in such a manner that focus can be made on iNITIatives and programmes.
    • To ensure India’s level and ranking at the worldwide level and to make India an actively participating nation.
    • To progress from food security towards nutrition and standardised meals and focus on agricultural production.
    • To make use of more technology to avoid misadventures and corruption in governance.
    • To make the working system more transparent and accountable.

    NITI Aayog – Seven Pillars of Effective Governance

    • NITI Aayog works on principles like Antyodaya (upliftment of poor), inclusion (to include all sections under one head), people participation, and so on.
    • NITI Aayog is a body that follows seven pillars of governance. They are:
    1. To look after pro-people agenda so that the aspirations and desires of no one are compromised.
    2. To respond and work on the needs of citizens.
    3. Make citizens of the nation involve and participate in various streams.
    4. To empower women in all fields, be it social, technical, economic, or other.
    5. To include all sects and classes under one head. To give special attention to marginalised and minority groups.
    6. To provide equal opportunity for the young generation.
    7. To make the working of government more accountable and transparent. It will ensure less chance of corruption and malpractices.

     

    Also read:

    [Burning Issue] Niti Ayog – A critical Analysis

     

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  • Dam Safety Act can end disputes, says Supreme Court

    The Supreme Court has found in the Dam Safety Act of 2021 a panacea to end the “perennial” legal battle between Tamil Nadu and Kerala over the Mullaperiyar dam.

    What is the Dam Safety Act, 2021?

    • The Act comprehensively postulates for surveillance, inspection, operation and maintenance of dams to prevent disasters.
    • Its key features are as follows:
    1. National Committee on Dam Safety (NCDS): It will be constituted and will be chaired by the chairperson, Central Water Commission. Its’ functions will include formulating policies and regulations regarding dam safety standards and prevention of dam failures, analyzing the causes of major dam failures, and suggesting changes in dam safety practices.
    2. National Dam Safety Authority (NDSA): It will be headed by an officer, not below the rank of an Additional Secretary, to be appointed by the central government. The main task of this authority includes implementing the policies formulated by the NCD, resolving issues between State Dam Safety Organisations (SDSOs), or between an SDSO and any dam owner in that state, specifying regulations for inspection and investigation of dams.
    3. State Dam Safety Organisation (SDSO): Its functions will be to keep perpetual surveillance, inspection, monitoring the operation and maintenance of dams, keeping a database of all dams, and recommending safety measures to owners of dams.
    4. Dam Safety Unit: The owners of the specified dams are required to provide a dam safety unit in each dam. This unit will inspect the dams before and after the monsoon session, and during and after any calamity or sign of distress.
    5. Emergency Action Plan: Dam owners will be required to prepare an emergency action plan, and carry out risk assessment studies for each dam at specified regular intervals.
    6. Certain offences: The act provides for two types of offences – obstructing a person in the discharge of his functions, and refusing to comply with directions issued under the proposed law.

    Why in news?

    • Kerala and Tamil Nadu have been trading charges against each other over the safety, operation and maintenance of the Mullaperiyar dam.
    • While Kerala claims the 126-year-old dam is unsafe, badly maintained and a threat to thousands of people living downstream, Tamil Nadu denies it.
    • Kerala is pitching for a new dam in place of the existing one, while Tamil Nadu, which operates and maintains the reservoir, argues that the dam is well-preserved and so strong that the height water level could even be increased to 152 feet.

    What did the SC say?

    • A few days ago, the Supreme Court was in search of an answer to the “perennial problem” between the two neighbours over the dam.
    • It had mooted the idea of extending the powers of its own supervisory committee to take over charge of the safety and maintenance of the structure and its site.
    • The Bench even wondered whether the supervisory committee should now continue as the 2021 Act has made it redundant.
    • However, Kerala said the Centre was yet to appoint specialists to the NDSA.

     

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  • Issues related to Tribunal

    The Supreme Court has warned that even after the judicial intervention, the government made abrupt efforts to fill vacancies in tribunals some time back and nothing after that.

    What is the case?

    • The apex court said that it is getting requests for extension of time for NCLT (Nation Company Law Tribunal) matters, etc.
    • Some knee-jerk appointments took place and nothing after that.
    • The govt earlier had introduced Tribunal Reforms Bill in 2021, which abolishes nine appellate tribunals and revives provisions of an ordinance struck down by the Supreme Court.

    What are Tribunals?

    • Tribunals are specialist judicial bodies that decide disputes in a particular area of law.
    • They are institutions established for discharging judicial or quasi-judicial duties.
    • The objective may be to reduce the caseload of the judiciary or to bring in subject expertise for technical matters.

    Do you know?

    The Income Tax Appellate Tribunal was established as the first Tribunal in India back in 1941.

    Creation of Tribunals

    In 1976, Articles 323A and 323B were inserted in the Constitution of India through the 42nd Amendment.

    • Article 323A: This empowered Parliament to constitute administrative Tribunals (both at central and state level) for adjudication of matters related to recruitment and conditions of service of public servants.
    • Article 323B: This specified certain subjects (such as taxation and land reforms) for which Parliament or state legislatures may constitute tribunals by enacting a law.
    • In 2010, the Supreme Court clarified that the subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matters under their purview as specified in the Seventh Schedule.

    SC stance on Tribunals

    • The Supreme Court has ruled that tribunals, being quasi-judicial bodies, should have the same level of independence from the executive as the judiciary.
    • Key factors include the mode of selection of members, the composition of tribunals, and the terms and tenure of service.
    • In order to ensure that tribunals are independent of the executive, the Supreme Court had recommended that all administrative matters be managed by the law ministry rather than the ministry associated with the subject area.
    • Later, the Court recommended the creation of an independent National Tribunals Commission for the administration of tribunals.
    • These recommendations have not been implemented.

    Issues with tribunals

    • Pendency: Whereas the reasoning for setting up some tribunals was to reduce the pendency of cases in courts, several tribunals are facing the issue of a large caseload and pendency.
    • No appointment: With over 240 vacancies in key tribunals where thousands of cases were pending, not a single appointment had been made by the government in any of these tribunals till date.

    Back2Basics: National Company Law Tribunal

    • The NCLT is a quasi-judicial body that adjudicates issues relating to Indian companies.
    • The tribunal was established under the Companies Act 2013 in 2016 and is based on the recommendation of the V. Balakrishna Eradi Committee.
    • All proceedings under the Companies Act, including proceedings relating to arbitration, compromise, arrangements, reconstructions and the winding up of companies shall be disposed off by the NCLT.
    • The NCLT bench is chaired by a Judicial member who is supposed to be a retired or a serving High Court Judge and a Technical member who must be from the Indian Corporate Law Service, ICLS Cadre.
    • It is the adjudicating authority for the insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016.

     

     

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  • National Commission for Safai Karamcharis gets 3-year extension

    The Union Cabinet has approved a three-year extension of the tenure of the National Commission for Safai Karamcharis (NCSK) that was set to end on March 31.

    About National Commission for Safai Karamcharis

    • The commission was set up in 1993 under the NCSK Act 1993 for a period of three years, which has been extended since then.
    • The NCSK Act is however ceased to have effect from February 29, 2004.
    • After that, the tenure of the NCSK has been extended as a non-statutory body from time to time through resolutions.

    Why was NCSK set up?

    • The commission helps in coming up with programmes for the welfare of sanitation workers.
    • It also monitors the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
    • Till December 31, 2021, 58,098 manual scavengers had been identified.

    Need for eliminating Manual Scavenging

    • Undignified life (all the 6 Fundamental Rights are compromised, directly or indirectly).
    • It directly perpetuates castism.
    • Modern, Secular India has no place for such “professions”.
    • It no way suits India’s rising global profile – ‘super power’ aspirations.
    • Women are mostly disprivileged since most manual scavengers are dalit women.

    What else needs to be done?

    • Though the government has taken many steps for the upliftment of the safai karamcharis, the deprivation suffered by them in socio-economic and educational terms is still far from being eliminated.
    • Although manual scavenging has been almost eradicated, sporadic instances of their deaths do occur.

    Way forward

    • There is a continued need to monitor the various interventions and initiatives of the government for welfare of safai Karamcharis.
    • The govt must strive to achieve the goal of complete mechanization of sewer/septic tanks cleaning in the country and rehabilitation of manual scavengers.

    Try this question from CSP 2016:

    Q.’Rashtriya Garima Abhiyaan’ is a national campaign to:

    (a) rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood

    (b) release the sex workers from their practice and provide them with alternative sources of livelihood

    (c) eradicate the practice of manual scavenging and rehabilitate the manual scavengers

    (d) release the bonded labourers from their bondage and rehabilitate them

     

    [wpdiscuz-feedback id=”jine99bkvt” question=”Please leave a feedback on this” opened=”1″]Post your answers here:[/wpdiscuz-feedback]

     

    Also try this question from our AWE initiative:

    Manual scavenging has been called as a worst surviving symbol of untouchability. Critically discuss the measures taken by Government to eradicate this practice? (250 W)

     

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  • In news: Interstate River Water Disputes Act, 1956

    Karnataka CM has said irrigation projects are bogged down by river water sharing disputes and asked the Centre to ‘revisit the Inter-State River Water Disputes (IWRD) Act since the law is creating more disputes than resolving them’.

    About IWRD Act

    • The IWRD Act, 1956 aims to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
    • Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.
    • This act is confined to states of India and not applicable to union territories.
    • Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted.

    Jurisdictions over Rivers

    • River waters use / harnessing is included in states jurisdiction.
    • However, Union government can make laws on regulation and development of inter-State rivers and river valleys to the extent such water resources are directly under its control when expedient in the public interest.
    • When union government wants to take over a interstate river project under its control by law, it has to take approval of the riparian states’ legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution.
    • When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India.

    Resolution of disputes

    • Dispute resolution is a layered process, as mandated by the ISWD Act.
    • After receiving a complaint from a state, the Union government first tries to mediate. It is only when negotiations fail that the Centre is required to form a tribunal to adjudicate the dispute.
    • If a State Government makes a request regarding any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, then a Tribunal is constituted.

    Constitution of Tribunal

    • Whenever the riparian states are not able to reach amicable agreements on their own in sharing of an interstate river waters, section 4 of IRWD Act provides for a Tribunal.
    • The tribunal shall not only adjudicate but also investigate the matters referred to it by the central government and forward a report setting out the facts with its decisions.
    • The tribunal responsibility is not limited to adjudication of issues raised by the concerned states and but investigation of other aspects such as water pollution, water quality deterioration, flood control etc.

    Time-frame for dispute resolution

    • The tribunals have been allotted three years to arrive at a final decision, extendable by two years.
    • The 2002 Amendment to the ISWD Act specified a one-year limit on the timeline allowed to carry out the process of dispute resolution.

    Active tribunals in India

    • Ravi & Beas Water Tribunal (1986) – Punjab, Haryana, Rajasthan
    • Krishna Water Disputes Tribunal II (2004) – Karnataka, Telangana, Andra Pradesh, Maharashtra
    • Mahadayi Water Disputes Tribunal (2010) – Goa,Karnataka, Maharashtra
    • Vansadhara Water Disputes Tribunal (2010) – Andra Pradesh & Odisha
    • Mahanadi Water Disputes Tribunal (2018) – Odisha & Chattisgarh

    Need for the IWRD Act

    • Major inter-state river basins: India has 25 major river basins, with most rivers flowing across states.
    • Equitable distribution of water: As river basins are shared resources, a coordinated approach between the states is necessary for the preservation, equitable distribution and sustainable utilization of river water.
    • Hydro-politics: Much recently, interstate rivers in India have become sites of contestations, fuelled by conflicting perceptions of property rights, flawed economic instruments for food security.
    • Sustainability: This has led to a lack of an integrated ecosystems approach, and the prevalence of reductionist hydrology for water resource development.

    Issues with IRWD Act

    • Centre’s dilemma: Since river water falls within the ambit of State Subjects, its governance remains confined to the limits of the state political discourse.
    • Interference of Judiciary: The apex court has limited the role of the tribunals to quantification and allocation of water between riparian states, and its own role is to be an interpreter of the awards and agreements.
    • Colonial award: The history of colonial rule has led to the creation of asymmetries between states, and the present water disputes stem from the reproduction of this imperial and colonial power relation.
    • Structural issues: Various operational characteristics of the tribunals as problematic, since they do not adhere to any established system.
    • Operational issues: For instance, the sittings are not routine, the functioning is outside the regular court system, and day-to-day or week-to-week hearings are few and far in between.

    Why this has become a sensitive topic?

    • Associated ethnicity: At the state level, river water is politically perceived as part of the larger issue of “regional sharing of resources,” which is linked with the ethnic and cultural identity of the state and its people.
    • Matter of autonomy: The political narrative around river disputes is subsumed within the question of regional rights, and any possibility of water sharing is seen as a compromise or infringement on the regional autonomy of a state.
    • Identity politics: Hence, the political narrative around the river disputes jumps to a larger scale of identity politics.

    Way forward

    • For such dispute resolution, all other recourses such as mediation and conciliation must remain viable options.
    • These should operate simultaneously along with adjudication and political consensus among the riparian states.
    • Directly approaching the Supreme Court may result in adversarial outcomes, with the conflict reaching a point of no return.

     

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  • Need to recast the selection process of the ECs

    Context

    The attendance of the Chief Election Commissioner (CEC) and his Election Commissioner (EC) colleagues at an “informal” meeting with the Principal Secretary to the Prime Minister has brought renewed focus on the independence and impartiality of the Election Commission of India (ECI).

    Need for changes in the appointment process

    • The changes in the appointment process for ECs can strengthen ECI’s independence, neutrality and transparency. 
    • The appointment of ECs falls within the purview of Article 324(2) of the Constitution, which establishes the institution.
    • Article 324(2) contains a ‘subject to’ clause which provides that both the number and tenure of the ECs shall be “subject to provisions of any law made in that behalf by Parliament, be made by the President.”
    • Apart from enacting a law in 1989 enlarging the number of ECs from one to three, Parliament has so far not enacted any changes to the appointment process.
    • In 1975 itself, the Justice Tarkunde Committee recommended that ECs be appointed on the advice of a Committee comprising the Prime Minister, Lok Sabha Opposition Leader and the Chief Justice.
    • This was reiterated by the Dinesh Goswami Committee in 1990 and the Law Commission in 2015.
    • The 4th Report (2007) of the Second Administrative Reforms Commission additionally recommended that the Law Minister and the Deputy Chairman of the Rajya Sabha be included in such a Collegium.
    • Violation of Article 14 and 324: Three Writ Petitions, with one pending since 2015, are urging the Supreme Court to declare that the current practice of appointment of ECs by the Centre violates Article 14, Article 324(2), and Democracy as a basic feature of the Constitution.
    • Precedent does exist in the case of Rojer Mathew v South Indian Bank Ltd, to argue against the Executive being the sole appointer for a quasi-judicial body.
    • The Supreme Court had recognised that “Election Commission is not only responsible for conducting free and fair elections but it also renders a quasi-judicial function between the various political parties including the ruling government and other parties.”
    • In such circumstances, the executive cannot be a sole participant in the appointment of members of Election Commission as it gives unfettered discretion to the ruling party.

    Way forward

    • Establishing a multi-institutional, bipartisan committee for fair and transparent selection of ECs can enhance the perceived and actual independence of ECI.
    • Such a procedure is already followed with regard to other Constitutional and Statutory Authorities such as the Chief Information Commissioner, Lokpal, Vigilance Commissioner, and the Director of the Central Bureau of Intelligence.

    Consider the question “What is the procedure for the appointment of Election Commissioners? What are the issues with this procedure? Suggest the way forward.”

    Conclusion

    ECI’s constitutional responsibilities require a fair and transparent appointment process that is beyond reproach, which will reaffirm our faith in this vital pillar of our polity.

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  • In news: Law Commission of India

    The Government has informed the Supreme Court that the appointment of Chairperson and Members of the 22nd Law Commission of India is under consideration.

    Why in news?

    • The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020.
    • However, no progress has been made in the appointments till date.
    • The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another.

    Issues over appointment

    • The last chairman of the law commission was retired Supreme Court judge, Justice B.S. Chauhan, who completed his tenure on 31 August 2018.
    • Subsequently, the Commission has not been reconstituted.
    • In February 2020, the Government of India announced its intention to reconstitute the Commission with no visible progress.

    About Law Commission

    • Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
    • The Commission’s function is to research and advise the GoI on legal reform, and is composed of legal experts, and headed by a retired judge.
    • The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
    • The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.

    Colonial Background

    • The first Law Commission was established during colonial rule in India, by the East India Company under the Charter Act of 1833.
    • It was then presided by Lord Macaulay.
    • After that, three more Commissions were established in pre-independent India.

    Post-Independence functioning

    • The first Law Commission of independent India was established in 1955 for a three-year term.
    • Since then, twenty-one more Commissions have been established.

    Major reforms undertaken

    • The First Law Commission under Macaulay Itsuggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
    • These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
    • Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.

    Role in legal reforms

    The Law Commission has been a key to law reform in India.

    • Its role has been both advisory and critical of the government’s policies
    • In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
    • The Commission seeks to simplify procedures to curb delays and improve standards of justice.
    • It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.

     

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