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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Parliament is not just about technicalities, deference to process builds trust

    The article deals with the issue of importance of parliamentary procedures and how it has been neglected in the passage of several Bills recently.

    2 contexts that explain the crisis Parliament faces

    1) Neglecting the procedure

    • Three simple procedural matters are the cornerstone of parliamentary practice.
    • The first is Question Hour, which was suspended.
    • Even in taking that decision, the Speaker did not accede to the demand for a division.
    • The second is referring bills to committees.
    • It is increasingly the case with important pieces of legislation that they are not being either referred to committees, nor are they being fully debated in Parliament.
    • The third and most important is “division.”
    • If a member of a House asks for a division of votes, the Speaker needs to grant it.
    • The Speaker can refuse under some circumstances, but even then he has to take something like an informal headcount vote before refusing division.

    2) Substantive context

    • There are three bills relating to agriculture that have occasioned serious protests.
    • There are three far-reaching pieces of legislation pertaining to labour reform.
    • Each of these bills can be improved and crafted in ways that make them more the object of consensus.
    • The bills pertaining to agriculture were debated, ffter the debate,  deputy chairperson refusesed a division.
    • By allowing a division we would at least record where each member of Parliament stood on a question of monumental importance.

    Concerns

    • We seem to not want to give flexibility to states when it comes to farmers.
    • Flexibility is given to states, in the most unrestrained manner possible, when it comes to the interest of capital against labour.
    • It seems that the hurried interests of corporate India take precedence over farmers and labour, rather than a well negotiated social contract between all three.

    Why the farmers are concerned

    • A lot of the farmers’ legitimate fear is that in a fiscal crunch, MSP will be rolled back or procurement curtailed.
    • There is genuine uncertainty over what private procurement will mean.

    Way forward

    • It is also possible that in the case of the APMC, a more creative solution could have been found for concerns of the states, like an opt-out clause for them.
    • In case of amendments to labour laws, there is need to examine whether it fulfils the twin objectives of both protecting workers and being compliance-friendly at the same time.

    Conclusion

    Some deference to process can build trust because it is a sign of a government that listens. At least on the APMC this was a possibility. Let us hope on labour bills there is more reasoned deliberation. Parliamentary practice will not be able to knit an enduring social contract between labour, capital and farmers if it does not inspire confidence.

  • Parliament – Sessions, Procedures, Motions, Committees etc

    Explained: Suspension of Members of Parliament

    Recently eight Rajya Sabha MPs were suspended for unruly behaviour in the House.

    Try this PYQ:

    Q.Consider the following statements:

    1. Speaker of the legislative assembly shall vacate his/her office of he/she ceases to be a member of the assembly
    2. Whenever the legislative assembly is dissolved the speaker shall vacate his/her office immediately

    Which of the statements given above is/are correct? (CSP 2018)

    a) 1 only

    b) 2 only

    c) Both 1 and 2

    d) Neither 1 not 2

    What is the reason for suspending an MP?

    • The general principle is that it is the role and duty of the Presiding Officer — Speaker of Lok Sabha and Chairman of Rajya Sabha — to maintain order so that the House can function smoothly.
    • In order to ensure that proceedings are conducted in the proper manner, the Speaker/Chairman is empowered to force a Member to withdraw from the House.

    What are the rules under which the Presiding Officer acts?

    • Rule Number 373 of the Rules of Procedure and Conduct of Business provides for the suspension of MPs by the Speaker of the House.
    • To deal with more recalcitrant Members, the Speaker make take recourse to Rules 374 and 374A.
    • Rule 374 says: The Speaker may, if deems it necessary, name a Member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
    • Rule 374A was incorporated in the Rule Book on December 5, 2001. The intention was to skirt around the necessity of moving and adopting a motion for suspension.

    Procedure in Rajya Sabha

    It’s largely similar, with one important difference.

    • Like the Speaker in Lok Sabha, the Chairman of Rajya Sabha is empowered under Rule Number 255 of its Rule Book to “direct any Member whose conduct is in his opinion grossly disorderly to withdraw immediately” from the House.
    • Unlike the Speaker, however, the Rajya Sabha Chairman does not have the power to suspend a Member. The House may, by another motion, terminate the suspension.
    • The Chairman may “name a Member who disregards the authority of the Chair or abuses the rules of the Council by persistently and wilfully obstructing” business.
    • In such a situation, the House may adopt a motion suspending the Member from the service of the House for a period not exceeding the remainder of the session.

    Is suspending an MP a decent practice?

    • It is a strong action, but it is not uncommon. In general, a balance has to be struck.
    • There can be no question that the enforcement of the supreme authority of the Presiding Officer is essential for smooth conduct of proceedings.
    • However, it must be remembered that the job of the Presiding Officer is to run the House, not to lord over it.

    Alternatives to suspension

    • The solution to unruly behaviour has to be long-term and consistent with democratic values.
    • A previous Speaker had ordered that television cameras be focussed on the demonstrating members so that people could see for themselves how their representatives were behaving in the House.

    Present situation

    • In the present case, however, the Opposition has accused the Chairman of stopping the telecast of the proceedings in Rajya Sabha.
    • What cannot be denied is that Speaker’s/Chairman’s actions are often dictated more by expediency and the stand of the party that they belong to, rather than by the Rules and principles.
    • So, the ruling party of the day invariably insists on the maintenance of discipline, just as the Opposition insists on its right to protest. And their positions change when their roles flip.
  • Foreign Policy Watch: United Nations

    Explained: Birth of United Nations

    The United Nations completed 75 years this year. In order to commemorate the historic moment, world leaders have come together, at a one-day high-level meeting of the UN General Assembly.

    Try this:

    Q.Discuss the various success and failures of the United Nations. (150W)

    Birth of United Nations

    • The United Nations was born out of the horrors of World War II.
    • At the time of its foundation, it was primarily tasked with the goal of maintaining world peace and saving future generations from the evils of war.

    A historical backgrounder

    • The UN was born out of the ashes of yet another international organisation created with the intention of keeping war away.
    • The League of Nations was created in June 1919, after World War I, as part of the Treaty of Versailles.
    • However, when the Second World War broke out in 1939, the League closed down and its headquarters in Geneva remained empty throughout the war.
    • Consequently, in August 1941, American President Franklin D. Roosevelt and British PM Winston Churchill held a secret meeting aboard naval ships in Placenta Bay, located in the southeast coast of Newfoundland, Canada.

    The Atlantic Charter

    • The heads of the two countries discussed the possibility of creating a body for international peace effort and a range of issues related to the war.
    • Together they issued a statement that came to be called the Atlantic Charter. It was not a treaty, but only an affirmation that paved the way for the creation of the UN.
    • It declared the realization of “certain common principles in the national policies of their respective countries on which they based their hopes for a better future for the world.”

    The name ‘UN’

    • The United States joined the war in December 1941, and for the first time the term ‘United Nations’ was coined by president Roosevelt to identify those countries which were allied against the axis powers.
    • On January 1, 1942, representatives of 26 allied nations met in Washington DC to sign the declaration of the United Nations, which basically spelt out the war objectives of the Allied powers.
    • Over the next couple of years, several meetings took place among the Allied big four — The USA, the Soviet Union, the UK and China — to decide on the post-war charter that would describe the precise role of the UN.

    Coming to existence

    • The UN finally came into existence on October 24, 1945, after being ratified by 51 nations, which included five permanent members (France, the Republic of China, the Soviet Union, the UK and the US) and 46 other signatories.
    • The first meeting of the General Assembly took place on January 10, 1946.

    Its achievements

    • While at the time of its formation, the UN consisted of only 51 member states, independence movements and decolonization in the subsequent years led to an expansion of its membership.
    • At present, 193 countries are members of the UN.
    • It has also expanded its scope to resolve over a large number of global issues such as health, environment, and women empowerment among others.
    • Soon after its formation, it passed a resolution to commit to the elimination of nuclear weapons in 1946. In 1948, it created the World Health Organisation (WHO) to deal with communicable diseases like smallpox, malaria, HIV.
    • In 1950, the UN created the High Commissioner for Refugees to take care of the millions who had been displaced due to World War II.
    • More recently in 2002, the UN established the UN criminal court to try those who have committed war crimes, genocide, and other atrocities.

    Various criticisms

    • The UN has also met with its share of criticisms. In 1994, for instance, the organisation failed to stop the Rwandan genocide.
    • In 2005, UN peacekeeping missions were accused of sexual misconduct in the Republic of Congo, and similar allegations have also come from Cambodia and Haiti.
    • In 2011, the UN peacekeeping mission in South Sudan was unsuccessful in eliminating the bloodshed caused in the civil war that broke out in 2013.
  • NGOs vs. GoI: The Conflicts and Scrutinies

    Foreign Contribution (Regulation) Amendment Bill, 2020

    The Centre is set to amend the Foreign Contribution (Regulation) Act and has proposed to make Aadhaar a mandatory identification document for all the office-bearers, directors and other key functionaries of an NGO or an association eligible to receive foreign donations.

    What are the news Amendments?

    (1) Prohibition to accept foreign contribution:

    • Under the Act, certain persons are prohibited to accept any foreign contribution.
    • These include election candidates, editor or publisher of a newspaper, judges, government servants, members of any legislature, and political parties, among others.
    • The Bill adds public servants (as defined under the Indian Penal Code) to this list.
    • Public servants include any person who is in service or pay of the government or remunerated by the government for the performance of any public duty.

    (2) Transfer of foreign contribution:

    • Under the Act, foreign contribution cannot be transferred to any other person unless such person is also registered to accept foreign contribution (or has obtained prior permission under the Act to obtain foreign contribution).
    • The Bill amends this to prohibit the transfer of foreign contribution to any other person. The term ‘person’ under the Act includes an individual, an association, or a registered company.

    (3) Aadhaar for registration:

    • The Act states that a person may accept foreign contribution if they have: (i) obtained a certificate of registration from central government, or (ii) not registered, but obtained prior permission from the government to accept foreign contribution.
    • Any person seeking registration (or renewal of such registration) or prior permission for receiving the foreign contribution must make an application to the central government in the prescribed manner.
    • The Bill adds that any person seeking prior permission, registration or renewal of registration must provide the Aadhaar number of all its office bearers, directors or key functionaries, as an identification document.
    • In case of a foreigner, they must provide a copy of the passport or the Overseas Citizen of India card for identification.

    (4) FCRA account:

    • Under the Act, a registered person must accept foreign contribution only in a single branch of a scheduled bank specified by them.
    • However, they may open more accounts in other banks for utilization of the contribution.
    • The Bill amends this to state that foreign contribution must be received only in an account designated by the bank as “FCRA account” in such branch of the State Bank of India, New Delhi, as notified by the central government.
    • No funds other than the foreign contribution should be received or deposited in this account.

    (5) Restriction in the utilization of foreign contribution:

    • Under the Act, if a person accepting foreign contribution is found guilty of violating any provisions of the Act or the unutilized or unreceived foreign contribution may be utilized or received, only with the prior approval of the central government.
    • This amendment Bill also seeks to prohibit the transfer of FCRA funds to other persons or organisations.
    • The Bill adds that the government may also restrict usage of unutilized foreign contribution for persons who have been granted prior permission to receive such contribution.
    • This may be done if, based on a summary inquiry, and pending any further inquiry, the government believes that such a person has contravened provisions of the Act.

    (6) Renewal of license:

    • Under the Act, every person who has been given a certificate of registration must renew the certificate within six months of expiration.
    • The Bill provides that the government may conduct an inquiry before renewing the certificate to ensure that the person making the application: (i) is not fictitious or benami, (ii) has not been prosecuted or convicted for creating communal tension and (iii) has not been found guilty of diversion or misutilisation of funds, among others conditions.

    (7) Reduction in use of foreign contribution for administrative purposes:

    • Under the Act, a person who receives foreign contribution must use it only for the purpose for which the contribution is received.
    • Further, they must not use more than 50% of the contribution to meeting administrative expenses. The Bill reduces this limit to 20%.

    (8) Surrender of certificate:

    • The Bill adds a provision allowing the central government to permit a person to surrender their registration certificate.
    • The government may do so if, post an inquiry, it is satisfied that such person has not contravened any provisions of the Act, and the management of its foreign contribution (and related assets) has been vested in an authority prescribed by the government.

    (9) Suspension of registration:

    • Under the Act, the government may suspend the registration of a person for a period not exceeding 180 days.
    • The Bill adds that such suspension may be extended up to an additional 180 days.

    Significance of the amendment

    1.Prevent misuse:

    • The annual inflow of foreign contribution has almost doubled between the years 2010 and 2019, but many recipients of foreign contribution have not utilised the same for the purpose for which they were registered or granted prior permission under the FCRA 2010.
    • Recently, the Union Home Ministry has suspended licenses of the six (NGOs) who were alleged to have used foreign contributions for religious conversion.

    2.Strengthen National security

    • Many persons were not adhering to statutory compliances such as submission of annual returns and maintenance of proper accounts.
    • Such a situation could have adversely affected the internal security of the country.

    3.Transparency and accountability

    • The new Bill aims to enhance transparency and accountability in the receipt and utilisation of foreign contributions and facilitating the genuine non-governmental organisations or associations who are working for the welfare of society.

    Criticism of the FCRA Bill, 2020

    • The legislation may be used to target political opponents and religious minorities.
    • Effects NGO Functioning: Due to the 20% cap, many NGOs will shut shop and many people will become jobless.
    • Inconsistency: On one hand the government invites foreign funds, but when such funds come for educational and charitable purposes, it is prevented.
    • High compliance rate: According to the GoI’s FCRA dashboard, there are 22,447 active FCRA registrations in India today. In 2018-19, 21,915 annual returns were filed – a compliance rate of 97.6%.
    • Double standards: PM CARES fund had received exemptions from complying with FCRA provisions when it is headed by Union cabinet ministers and administered by PMO officials.
    • Licence-Raj on NGOs: The Bill assumes that all NGOs receiving foreign grants are guilty and thus makes Aadhar of office bearers as mandatory requirement.
    • Bureaucratic Discretion: There is a thin line between enforcing transparency and using rules to allow official interference and harassment in the sector. Much of the present bill crosses that line and introduces a questionable degree of micro-management.

    Way Forward

    • NGOs are helpful in implementing government schemes at the grassroots. They fill the gaps, where the government fails to do their jobs.
    • The government must stick to the ancient Indian ethos of Vasudhaiva Kutumbakam as the framework for its global engagement and should not act with vendetta against the NGOs who criticize its working.
    • Seamless sharing of ideas and resources across national boundaries is essential to the functioning of a global community, and should not be discouraged unless there is reason to believe the funds are being used to aid illegal activities.

  • Banking Sector Reforms

    What are Basel III compliant Bonds?

    The country’s largest lender State Bank of India has raised Rs 7,000 crore by issuing Basel III compliant bonds.

    Try this PYQ:

    Q.‘Basel III Accord’ or simply ‘Basel III’, often seen in the news, seeks to:

    (a) Develop national strategies for the conservation and sustainable use of biological diversity

    (b) Improve the banking sector’s ability to deal with financial and economic stress and improve risk management

    (c) Reduce greenhouse gas emissions but places a heavier burden on developed countries

    (d) Transfer technology from developed countries to poor countries to enable them to replace the use of chlorofluorocarbons in refrigeration with harmless chemicals

    What are Basel III compliant Bonds?

    • The bonds qualify as tier II capital of the bank, and has a face value of Rs 10 lakh each, bearing a coupon rate of 6.24 per cent per annum payable annually for a tenor of 10 years.
    • There is a call option after 5 years and on anniversary thereafter.
    • Call option means the issuer of the bonds can call back the bonds before the maturity date by paying back the principal amount to investors.

    Back2Basics: What are Basel Norms?

    • Basel is a city in Switzerland. It is the headquarters of the Bureau of International Settlement (BIS), which fosters co-operation among central banks with a common goal of financial stability and common standards of banking regulations.
    • Basel guidelines refer to broad supervisory standards formulated by this group of central banks – called the Basel Committee on Banking Supervision (BCBS).
    • The set of the agreement by the BCBS, which mainly focuses on risks to banks and the financial system is called Basel accord.
    • The purpose of the accord is to ensure that financial institutions have enough capital on account to meet obligations and absorb unexpected losses.
    • India has accepted Basel accords for the banking system.

    Basel I

    • In 1988, BCBS introduced a capital measurement system called Basel capital accord, also called as Basel 1.
    • It focused almost entirely on credit risk. It defined capital and structure of risk weights for banks.
    • The minimum capital requirement was fixed at 8% of risk-weighted assets (RWA).
    • RWA means assets with different risk profiles.
    • For example, an asset-backed by collateral would carry lesser risks as compared to personal loans, which have no collateral. India adopted Basel 1 guidelines in 1999.

    Basel II

    • In June ’04, Basel II guidelines were published by BCBS, which were considered to be the refined and reformed versions of Basel I accord.
    • The guidelines were based on three parameters, which the committee calls it as pillars:
    • Capital Adequacy Requirements: Banks should maintain a minimum capital adequacy requirement of 8% of risk assets.
    • Supervisory Review: According to this, banks were needed to develop and use better risk management techniques in monitoring and managing all the three types of risks that a bank faces, viz. credit, market and operational risks.
    • Market Discipline: This needs increased disclosure requirements. Banks need to mandatorily disclose their CAR, risk exposure, etc to the central bank. Basel II norms in India and overseas are yet to be fully implemented.

    Basel III

    • In 2010, Basel III guidelines were released. These guidelines were introduced in response to the financial crisis of 2008.
    • A need was felt to further strengthen the system as banks in the developed economies were under-capitalized, over-leveraged and had a greater reliance on short-term funding.
    • Also, the quantity and quality of capital under Basel II were deemed insufficient to contain any further risk.
    • Basel III norms aim at making most banking activities such as their trading book activities more capital-intensive.
    • The guidelines aim to promote a more resilient banking system by focusing on four vital banking parameters viz. capital, leverage, funding and liquidity.
  • Global Geological And Climatic Events

    What are Medicanes?

    Very recently, a medicane named Ianos made landfall along the coast of Greece and caused heavy rainfall and flooding on the islands of Zakynthos, Kefalonia and Ithaca.

    Try this PYQ:

    In the South Atlantic and South-Eastern Pacific regions in tropical latitudes, cyclone does not originate. What is the reason?

    (a) Sea surface temperatures are low

    (b) Inter-Tropical Convergence Zone seldom occurs

    (c) Coriolis force is too weak

    (d) Absence of land in those regions

    What are Medicanes?

    • Medicanes are extra-tropical hurricanes observed over the Mediterranean Sea.
    • Medicanes occur more in colder waters than tropical cyclones, hurricanes and typhoons.
    • Hence, the cores of these storms are also cold, as compared to the warm cores of tropical cyclones.
    • Warmer cores tend to carry more moisture (hence rainfall), are bigger in size and have swifter winds.
    • The main societal hazard posed by Medicanes is not usually from destructive winds but through life-threatening torrential rains and flash floods.

    Why in news?

    • This year is a mild La Niña, according to the World Meteorological Organization.
    • La Niña is the cooling phase of the El Niño Southern Oscillation (ENSO) cycle in the equatorial Pacific Ocean, as opposed to the warming El Niño phase.
    • It is characterized by the unusual cooling of the central and east-central equatorial Pacific Ocean.
    • A La Niña produces more rain in the central-eastern part, where most of the Mediterranean cyclones develop.

  • Indian Ocean Power Competition

    Ocean Services, Modelling, Applications, Resources and Technology (O-SMART) SCHEME

    The Union Ministry of Earth Sciences has informed about the progress of O-SMART Scheme.

    Do you know?

    India’s ambitious Deep Ocean Mission is an umbrella scheme under O-SMART initiative. Bottom of Form

    O-SMART Scheme

    • The services rendered under the O-SMART will provide economic benefits to a number of user communities in the coastal and ocean sectors, namely, fisheries, offshore industry, coastal states, Defence, Shipping, Ports etc.
    • It seeks to address issues relating to SDG-14, which aims to conserve the use of oceans, marine resources for sustainable development.
    • It also provides the necessary scientific and technological background required for the implementation of various aspects of Blue Economy.
    • The State of Art Early Warning Systems established Scheme will help in effectively dealing with ocean disasters like Tsunami, storm surges.
    • The technologies being developed will help in harnessing the vast ocean resources of both living and non-living resources from the seas around India.
    • A fleet of research vessels viz., Technology Demonstration vessel SagarNidhi, Oceanographic Research Vessel SagarKanya, Fisheries and Oceanographic Research Vessel SagarSampada and Coastal Research Vessel SagarPurvi have been acquired to provide required research support.

    Some of the modified objective

    The objectives of O-SMART are:

    • To generate and regularly update information on Marine Living Resources and their relationship with the physical environment in the Indian Exclusive Economic Zone (EEZ),
    • To periodically monitor levels of seawater pollutants for health assessment of coastal waters of India, to develop shoreline change maps for assessment of coastal erosion due to natural and anthropogenic activities,
    • To develop a wide range of state-of-the-art ocean observation systems for the acquisition of real-time data from the seas around India,
    • To generate and disseminate a suite of user-oriented ocean information, advisories, warnings, data and data products for the benefit of society,
    • To develop high-resolution models for ocean forecast and reanalysis system,
    • To develop algorithms for validation of satellite data for coastal research and to monitor changes in the coastal research,
    • Acquisition of 2 Coastal Research Vessels (CRVs) as replacement of 2 old CRVs for coastal pollution monitoring, testing of various underwater components and technology demonstration,
    • To carry out exploration of Polymetallic Nodules (MPN) from a water depth of 5500 m in the site of 75000 sq.km allotted to India by United Nations in Central Indian Ocean Basin, to carry out investigations of gas hydrates,
    • Exploration of polymetallic sulphides near Rodrigues Triple junction in 10000 sq. km of the area allotted to India in International waters by International Seabed Authority/UN and,
    • Submission of India’s claim over continental shelf extending beyond the Exclusive Economic Zone supported by scientific data, and Topographic survey of EEZ of India.

    Also read:

    https://www.civilsdaily.com/news/explained-indias-deep-ocean-mission/

  • Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

    Action plan for the success of Atmanirbhar Bharat project

    Atmanirbhar Bharat Abhiyan, well considered plan by the Central government seeks to transform the Indian economy. The article analyses its potential and suggests the ways to achieve the aims.

    Vocal for local

    • Prime Minister Narendra Modi gave a call to fellow Indians to be “Vocal for Local” in May.
    • This includes not only to buy and use local products but to also take pride in promoting them.

    Challenges

    1) Imports from China

    • Serious challenge to Atmanirbhar mission is country’s $65 billion worth of imports from China alone.
    • Most of these imports are of essential items — raw materials, components and intermediates required in producing finished goods.
    • For example, the pharmaceuticals sector imports nearly 70 per cent of its raw material and drug intermediates.
    • It may not be feasible to replace all Chinese imports in the near future.
    • It may also be debatable if the end goal is to replace the entire chain of imports from a country.
    • Nevertheless, experts and industrialists do assert that the ANBA is an excellent initiative and gives India the opportunity to embark on the self-reliance drive.

    2) Struggling MSMEs

    • A major part of the Vocal for Local mission rests on the MSMEs, which has been seen as struggling for survival.
    • But the reforms announced as part of the ANBA should put them on a stronger footing.
    • One immediate fallout of these measures will be creation of large scale employment opportunities for both the skilled and unskilled workforce.
    • A stronger manufacturing base will also lead to positive spinoffs related to the supply-purchase of local raw material and capacity building of allied manufacturing units.

    Way forward

    • First, an umbrella action plan should be drawn by the Niti Aayog listing all targets under the ANBA and the Vocal for Local Mission.
    • A monitoring agency will review and suggest course correction to ensure that no delay is allowed to build.
    • Second, each state/UT will develop an action plan in consonance with the umbrella plan.
    • A separate organisation created by each state will be responsible for the implementation of the action plan
    • Such organisation should also conduct regular studies to identify local and global market trends and invite competitive solutions to meet market demands.
    • Third, each district (or a group of districts) will work out a more detailed action plan, and charter of responsibilities for ground level officers and departments.

    Conclusion

    The ANBA is a mission to empower the people of India. It will in all likelihood become a benchmark of how governments and their various organisations can work in a mission mode.

  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    Understanding the opposition of farmers to agriculture Bills

    The article analyses the issue of farmers opposition to the three agricultural bills.

    Context

    • Farmers have been protesting against the three bills related to agriculture.
    • These three Bills are-
    • 1) The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020
    • 2) The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020.
    • 3) The Essential Commodities (Amendment) Bill, 2020.

    What are the aims of the bills?

    • The Bills aim to do away with government interference in agricultural trade by creating trading areas outside the structure of Agricultural Produce Market Committees (APMCs).
    • One of the bills aims at removing restrictions of private stockholding (under Essential Commodities Act 1955) of agricultural produce.
    • One of the bills deals with the regulation of contract farming.

    Issues with the Bills

    • The government has failed to hold any discussion with the various stakeholders including farmers and middlemen.
    • The attempt to pass the Bills without proper consultation adds to the mistrust among various stakeholders including State governments.
    • Farmer organisations see these Bills as an attempt to weaken the APMCs and eventual withdrawal of the Minimum Support Prices (MSP).
    • Farmers in Punjab and Haryana have genuine concern about the continuance of the MSP-based public procurement given the large-scale procurement operations in these States.

    Understanding the role of APMC

    • APMCs do play an important role of price discovery essential for agricultural trade and production choices.
    • The middlemen are a part of the larger ecosystem of agricultural trade, with deep links between farmers and traders.
    • The preference for corporate interests at the cost of farmers’ interests and a lack of regulation in these non-APMC mandis are cause for concern.
    • To understand the role of APMC, consider the example of Bihar.
    • After Bihar abolished APMCs in 2006, farmers in Bihar on average received lower prices compared to the MSP for most crops.
    • Despite the shortcomings and regional variations, farmers still see the APMC mandis as essential to ensuring the survival of MSP regime.

    Conclusion

    The protests by farmers are essentially a reflection of the mistrust between farmers and the stated objective of these reforms.

  • Parliament – Sessions, Procedures, Motions, Committees etc

    Roles, functions and limitations of Parliamentary Committees

    The government pushed through two crucial agriculture Bills in Rajya Sabha, rejecting Opposition demands to refer them to a Select Committee of Rajya Sabha.

    Try this PYQ:

    With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?(CSP 2018)

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is a Parliamentary Committee?

    • It means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat.

    By their nature, Parliamentary Committees are of two kinds: Standing Committees and Ad hoc Committees.

    1. Standing Committees are permanent and regular committees which are constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha. The work of these Committees is of continuous nature. The Financial Committees, DRSCs and some other Committees come under the category of Standing Committees.
    2. Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex etc also come under the category of ad hoc Committees.

    Why need Parliamentary Committee?

    • Parliament scrutinizes legislative proposals (Bills) in two ways. The first is by discussing it on the floor of the two Houses.
    • This is a legislative requirement; all Bills have to be taken up for debate.
    • The time spent debating the bills can vary. They can be passed in a matter of minutes, or debate and voting on them can run late into the night.
    • Since Parliament meets for 70 to 80 days in a year, there is not enough time to discuss every Bill in detail on the floor of the House.

    Its role in the passage of a Bill

    • The debate in the house is mostly political and does not go into the technical details of a legislative proposal.
    • The second mechanism is by referring a Bill to a parliamentary committee. It takes care of the legislative infirmity of debate on the floor of the House.
    • However, referring to Bills to parliamentary committees is not mandatory.

    And what is a Select Committee?

    • India’s Parliament has multiple types of committees.
    • They can be differentiated on the basis of their work, their membership and the length of their tenure. First are committees that examine bills, budgets and policies of ministries.
    • These are called departmentally related Standing Committees. There are 24 such committees and between them, they focus on the working of different ministries.
    • Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
    • The main purpose is to ensure the accountability of Government to Parliament through a more detailed consideration of measures in these committees.
    • The purpose is not to weaken or criticize the administration but to strengthen by investing in with more meaningful parliamentary support.

    When does a committee examine a Bill?

    • Bills are not automatically sent to committees for examination. There are three broad paths by which a Bill can reach a committee.
    • The first is when the minister piloting the Bill recommends to the House that his Bill be examined by a Select Committee of the House or a joint committee of both Houses.
    • Last year Electronics and IT Minister moved a motion in Lok Sabha referring the Personal Data Protection Bill to a Joint Committee.
    • If the minister makes no such motion, it is up to the presiding officer of the House to decide whether to send a Bill to a departmentally related Standing Committee.

    What happens when a bill goes to a Committee?

    • Sending a Bill to any committee results in two things.
    • First, the committee undertakes a detailed examination of the Bill. It invites comments and suggestions from experts, stakeholders and citizens.
    • The government also appears before the committee to present its viewpoint.
    • All this results in a report that makes suggestions for strengthening the Bill. While the committee is deliberating on a Bill, there is a pause in its legislative journey.
    • It can only progress in Parliament after the committee has submitted its report. Usually, parliamentary committees are supposed to submit their reports in three months, but sometimes it can take longer.

    What happens after the report?

    • The report of the committee is of a recommendatory nature. The government can choose to accept or reject its recommendations.
    • Very often the government incorporates suggestions made by committees. Select Committees and JPCs have an added advantage.
    • In their report, they can also include their version of the Bill. If they do so, the minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.

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