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  • Languages and Eighth Schedule

    Nationalism and the crisis of federalism

    The article analyses the challenges federalism in India faces and the important role played by the division of states based on the languages.

    Three conceptions of nationalism in India

    • Following three conceptions of nationalism were prevalent in India before independence.
    • The first, the idea that a community with a strongly unified culture must have a single state of its own.
    • The second saw the nation as defined by a common culture whose adherents must have a state of their own.
    • But this common culture was not ethno-religious.
    •  It conceives common culture in terms of a strong idea of unity that marginalises or excludes other particular identities.
    • A third nationalism accepts that communities nourished by distinct, territorially concentrated regional cultures have the capacity to design states of their own as also educational, legal, economic, and other institutions.
    • This may be called a coalescent nationalism consistent with a fairly strong linguistic federalism.
    • The central state associated with it is not multi-national.
    • At best, it is a multi-national state without labels, one that does not call itself so; a self-effacing multi-national state.

    Suspicion of linguistic identities

    • After Partition, the Indian ruling class began to view with suspicion the political expression of even linguistic identities.
    •  It was feared that federation structured along ethno-linguistic lines might tempt politicians to mobilise permanently on the basis of language.
    • The second fear was about an increase in the likelihood of inter-ethnic violence, encourage separatism and eventually lead to India’s break up.
    • Thus, when the Constitution came into force in 1950, India adopted unitary, civic nationalism as its official ideology.

    Formation of states on linguistic basis and its implications

    • A unitary mindset shaped by the experience of a centralised colonial state was resurrected.
    • The second tier of government was justified in functional terms, not on ethical grounds of the recognition of group cultures.
    • Following the Committee’s recommendations, States were reorganised in 1956.
    • India slowly became a coalescent nation-state, moving from the ‘holding together’ variety to what is called the ‘coming together’ form of (linguistic) federalism.
    • This meant that regional parties were stronger than earlier in their own regions and at the centre.
    • This let to more durable centre because it was grounded more on the consent and participation of regional groups that, at another level, were also self-governing.
    • Indian federalism also attempted to remove its rigidities by incorporating asymmetries in the relation between the Centre and different States.
    • Treating all States as equals required the acknowledgement of their specific needs and according them differential treatment.

    Conclusion

    Coalescent nationalism has served India well, benefiting several groups in India. True, it has not worked as well in India’s border areas such as the North-east and Kashmir. But their problems can only be resolved by deepening not abandoning coalescent nationalism.

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

    Agricultural reform bills introduced in Parliament

    Farmers in Punjab and Haryana have been protesting against three ordinances promulgated by the Centre back in June this year.  After the Monsoon Session of Parliament began this week, the government has introduced three Bills to replace these ordinances.

    Try this PYQ:

    The economic cost of food grains to the Food Corporation of India is Minimum Support Price and bonus (if any) paid to the farmers plus:

    (a) Transportation cost only

    (b) Interest cost only

    (c) Procurement incidentals and distribution cost

    (d) Procurement incidentals and charges for godowns

    What are these ordinances?

    The ordinances included:

    • The Farmers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020;
    • The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance, 2020; and
    • The Essential Commodities (Amendment) Ordinance, 2020 (It is the Bill replacing the third that has been passed in Lok Sabha)

    The cause of discontent

    • While farmers are protesting against all three ordinances, their objections are mostly against the provisions of the first.
    • Their concerns are mainly about sections relating to “trade area”, “trader”, “dispute resolution” and “market fee” in the first ordinance.

    What is a ‘trade area’, as mentioned in the Bill?

    • Section 2(m) of The Farmers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020 defines “trade area” as any area or location, place of production, collection and aggregation.
    • It includes (a) farm gates; (b) factory premises; (c) warehouses; (d) silos; (e) cold storages; or (f) any other structures or places, from where the trade of farmers’ produce may be undertaken in the territory of India.
    • In effect, existing mandis established under APMC Acts have been excluded from the definition of trade area under the new legislation.
    • The government says the creation of an additional trade area outside of mandis will provide farmers with the freedom of choice to conduct trade in their produce.

    Why are farmers protesting?

    • The protesters say this provision will confine APMC mandis to their physical boundaries and give a free hand to big corporate buyers.
    • The APMC mandi system has developed very well as every mandi caters to 200-300 villages.
    • But the new ordinance has confined the mandis to their physical boundaries.

    What is ‘trader’ and how is it linked to the protests?

    • Section 2(n) of the first ordinance defines a “trader” as “a person who buys farmers’ produce by way of inter-State trade or intra-State trade or a combination thereof.
    • Thus, it includes processor, exporter, wholesaler, miller, and retailer.
    • According to the Ministry of the Agriculture and Farmers’ Welfare, “Any trader with a PAN card can buy the farmers’ produce in the trade area.”
    • In the present mandi system, arhatiyas (commission agents) have to get a licence to trade in a mandi.
    • The protesters say arhatiyas have credibility as their financial status is verified during the licence approval process.

    Why does the provision on ‘market fee’ worry protesters?

    • Section 6 states that no market fee or cess or levy, by whatever name called, under any State APMC Act or any other State law, shall be levied in a trade area.
    • Government officials say this provision will reduce the cost of the transaction and will benefit both the farmers and the traders.
    • Under the existing system, such charges in states like Punjab come to around 8.5% — a market fee of 3%, a rural development charge of 3% and the arhatiya’s commission of about 2.5%.
    • By removing the fee on trade, the government is indirectly incentivizing big corporates.
  • Indian Ocean Power Competition

    India joins Djibouti Code of Conduct

    India has joined the Djibouti Code of Conduct/ Jeddah Amendment (DCOC/JA) as Observer, following the high-level virtual meeting.

    Try this MCQ:

    Q.The Djibouti Code of Conduct is related to:

    (a) International trade in precious stones (b) Maritime Security (c) Data sharing on Terrorism related activities (d) Data Localization

    Djibouti Code of Conduct

    • DCOC/JA is a grouping on maritime matters comprising 18 member states adjoining the Red Sea, Gulf of Aden, the East coast of Africa and Island countries in the IOR.
    • The DCOC, established in January 2009, is aimed at the repression of piracy and armed robbery against ships in the Western Indian Ocean Region, the Gulf of Aden and the Red Sea.

    Provisions of the code

    • The Code provides a framework for capacity building in the Gulf of Aden and Western Indian Ocean to combat the threat of piracy.
    • It is a partnership of the willing and continues to both deliver against its aims as well as attract increasing membership.
    • The Code was signed on January 29 by the representatives of Djibouti, Ethiopia, Kenya, Madagascar, Maldives, Seychelles, Somalia, the United Republic of Tanzania and Yemen.
    • Since the meeting, further countries have signed bringing the total to 18 countries from the 21 eligible.

    Significance for India

    • India joins Japan, Norway, the UK and the US as Observers to the DCOC/JA.
    • As an Observer at the DCOC/JA, India looks forward to working together with DCOC/JA member states towards coordinating and contributing to enhanced maritime security in the Indian Ocean Region.
    • Delhi has been steadily increasing its strategic footprints in Western and Eastern Indian Ocean besides Eastern African coastal states.
  • Parliament – Sessions, Procedures, Motions, Committees etc

    What are Supplementary Grants?

    Finance Minister has tabled the first batch of Supplementary Demands for Grants for this financial year in the Lok Sabha.

    Supplementary Demand for Grants

    • Article 115 of the constitution provides for Supplementary, additional or excess grants. (Note: Article 116 provides for Votes on account, votes of credit and exceptional grants.)
    • They are additional grants which are required to meet the expenditure of the government
    • Their demand is presented when the authorized amounts are insufficient and need for additional expenditure has arisen.

    Why need supplementary grants?

    • When actual expenditure incurred exceeds the approved grants of the Parliament, the Ministry of Finance and Ministry of Railways presents a Demand for Excess Grant.
    • It is needed for government expenditure over and above the amount for which Parliamentary approval was already obtained during the Budget session.
    • When grants, authorised by the Parliament, fall short of the required expenditure, an estimate is presented before the Parliament for Supplementary or Additional grants.
    • These grants are presented and passed by the Parliament before the end of the financial year.

    Who notices such grants?

    • The Comptroller and Auditor General of India bring such excesses to the notice of the Parliament.
    • The Public Accounts Committee examines these excesses and gives recommendations to the Parliament.

    What are other grants?

    • Excess Grant: It is the grant in excess of the approved grants for meeting the requisite expenses of the government.
    • Additional Grant: It is granted when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the Budget for that year.
    • Token Grant: When funds to meet proposed expenditure on a new service can be made available by re-appropriation, demand for the grant of a token sum may be submitted to the vote of the House and, if the House assents to the demand, funds may be so made available.
  • Festivals, Dances, Theatre, Literature, Art in News

    National Hispanic Heritage Month

    The National Hispanic Heritage Month has begun in the US.

    Try this MCQ:

    Q.The event National Hispanic Heritage Month recently seen in news is primarily celebrated in which of the following countries?

    (a) US (b) Spain (c) Mexico (d) Cuba

    National Hispanic Heritage Month

    • The annual event honours the history, culture and contributions of American citizens whose ancestors hailed from Spain, Mexico, the Caribbean and Central and South America.
    • It is marked every year from September 15 to October 15.
    • The observation was started by President Lyndon Johnson in 1968 as Hispanic Heritage Week and was extended to an entire month by President Ronald Reagan in 1988, the year it was enacted into law.

    Hispanics in the US

    • With a population of over 5.7 crores, Hispanic Americans are currently the largest minority group in the US, making up a fifth of the total US population.
    • More than half– 3.5 crore– are of Mexican origin, followed by Puerto Rican (53 lakh), and about 10 lakh each of Salvadorans, Cubans, Dominicans, Guatemalans and Colombians.
    • The community is referred to as Hispanic, Latino or Latinx– terms that refer to a person’s origin or culture, without considering their race.
  • Housing for all – PMAY, etc.

    [pib] Swamih Investment Fund

    In order to give relief to homebuyers of stalled projects, a Special Window for Completion of Affordable and Mid-Income Housing (SWAMIH investment fund) has been created for funding stalled projects.

    Try this MCQ:

    Q.The SWAMIH Fund recently seen in news is related to:

    (a) Higher Education (b) MSMEs (c) Housing (d) Highways

    SWAMIH Investment Fund

    • SWAMIH investment fund is an alternative investment fund which aims to provide last-mile funding to the stressed affordable and middle-income housing projects in the country.
    • It is expected to fund the projects which are net-worth positive, including those projects that have been declared as NPAs or are pending proceedings before the National Company Law Tribunal under the IBC.

    Why need such funds?

    • Several real estate projects have suffered due to a combined effect of two changes in the real estate sector.
    • On one hand, incremental launches and slow sales have increased unsold inventory in each project.
    • While the effect has then got compounded by the fact that consumer preference is now towards completed projects rather than under-construction projects.
    • This preference has developed as consumers are largely avoiding taking project completion risk and instead are more inclined to completed projects.
  • Parliament – Sessions, Procedures, Motions, Committees etc

    Departmental Standing committees

    The article analyses the issue of tenure of the members of the Department related committees and suggest the changes to the rules about the tenure.

    Context

    • There was speculation in the media that the Chairman of the Rajya Sabha, M. Venkaiah Naidu, is keen on amending the rules to give them a fixed tenure of two years.

    Why 2-year tenure?

    • According to the Rajya Sabha Rules, the term of office of the “members” of the committees shall not exceed one year.
    • Thus, it is the term of office of the members and not that of the committees per se that is one year.
    • The tenurial issue has to be looked at against the backdrop of the fact that the Rajya Sabha itself undergoes partial biennial renewal.
    • While Lok Sabha has a fixed tenure of five years, unless sooner dissolved.
    • Given these facts,2-year tenure suggestion is in consonance with the biennial partial reconstitution of the Rajya Sabha.

    Need to rethink the tenurial prescription

    • In case of Lok Sabha, the major reconstitution takes place when a new Lok Sabha is elected, that is normally after five years.
    • Since Rajya Sabha elects new member every two years and the Lok Sabha after every five years, it is only once in 10 years that the requirement of major reshuffle of the Standing Committees in both the Houses is expected to coincide.
    • Given the different election schedules of the two Houses, there is perhaps no need to mandate the same term for the members of both the Houses.

    Way forward

    • There are 24 Department-related Standing Committees, each with a membership of 31 (10 of the Rajya Sabha and 21 of the Lok Sabha).
    • They can accommodate 240 members of the Rajya Sabha and 504 members of the Lok Sabha.
    • Therefore, once a member is nominated to a committee, he should be allowed to continue till he retires or otherwise discontinues the membership in order that the committee is able to benefit from his experience and expertise.
    • The Standing Committees are permanent. Hence, there should be no difficulty if the terms of the members of the two Houses on these committees are different, in consonance with the tenure of the Houses themselves.
    • Given these facts, it would stand to reason if the tenure of Department-related Standing Committees is prescribed differently for the two Houses.
    • The Rules could also provide that casual vacancies may be filled in by the Presiding Officers.

    Conclusion

    While making changes to the rules the Chairman and the Speaker should consider the different tenure for the members of the two Houses on the Department-related committees.

  • Important Judgements In News

    Understanding the significance of Kesavananda Bharati case

    The article revisits the impact and significance of the case for the democracy in India.

    Understanding the Basic Structure doctrine

    • Basic Structure and essential features doctrine was expounded in the Kesavananda Bharati case.
    • In the case, the validity of the 29th amendment which immunised, in the Ninth Schedule Kerala’s takeover of the religious mutt’s property was challenged.
    • Basic structure is the power of judicial review and essential features are what the Court identifies as such in the exercise of that power.
    • Justice Bhagwati remarkably enunciated as an essential feature the “harmony” between fundamental rights and directive principles.
    • The crucial message though is that the apex court has, in the rarest of rare cases, the constituent power to pronounce a constitutional amendment invalid.

    Limits on the powers of Supreme Court

    • The Court is bound by the “golden triangle” of rights created by Articles 14, 19, and 21 of the Constitution.
    • Court must derive the “spirit” of the Constitution by reference to the provisions of the Constitution.
    • Since 1973, the evidence shows the Apex Court has shown utmost democratic responsibility and rectitude in interpreting the doctrine of BSEF.

    Consider the question asked by the UPSC in 2019 “Parliament’s power to amend the Constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement explain whether parliament under article 368 of the constitution can destroy the Basic Structure of the Constitution by expanding its amending power? “

    Conclusion

    The ultimate message of BSEF doctrine is not merely to set limits to the power of the managers of people, but to make little by little the tasks of emancipation less onerous.

  • Delhi Full Statehood Issue

    New Bill on powers of Delhi government, Lieutenant Governor

    The Ministry of Home Affairs (MHA) is likely to introduce legislation in the ongoing Parliament session to amend a 1991 Act pertaining to the powers and function of the Delhi government and the Lieutenant Governor.

    Try this PYQ:

    Q. Consider the following statements

    1. Union territories are not represented in the Rajya Sabha.
    2. It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
    3. According to the constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.

    Which of the statement(s) given above is/are correct?

    (a) Only 1

    (b) 2 and 3

    (c) 1 and 3 only

    (d) None

    Key propositions of the Bill

    • The Bill proposes to clearly spell out the functions of the Council of Ministers and the Lieutenant-Governor (L-G) by giving more discretionary powers to the L-G.
    • As per the Bill, the L-G could act in his discretion in any matter that is beyond the purview of the powers of the Legislative Assembly of Delhi in matters related to the All India (Civil) Services and the Anti Corruption Branch.
    • It will also give more teeth to the L-G, and the validity of any decision taken as per such discretion shall not be questioned.

    Back2Basics: Special provisions for New Delhi

    • The Union Territory of Delhi with a Legislative Assembly came into being in 1991 under Article 239AA of the Constitution inserted by ‘the Constitution (Sixty-ninth Amendment) Act, 1991’.
    • It said that the UT of Delhi shall be called the National Capital Territory of Delhi.
    • The administrator thereof appointed under Article 239 shall be designated as the Lieutenant-Governor.
    • According to the existing Act, the Legislative Assembly of Delhi has the power to make laws in all matters except public order, police, and land.
  • Parliament – Sessions, Procedures, Motions, Committees etc

    MPLAD Scheme

    While extending support to the move for salary-cut, most Members of Parliament have demanded that the MPLADS funds, meant for development work in constituencies, be restored immediately.

    Try this PYQ:

    Q.With reference to the Parliament of India, consider the following statements:

    1. A private member’s bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
    2. Recently, a private member’s bill has been passed in the Parliament of India for the first time in its history.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    What is the MPLAD scheme?

    • The Members of Parliament Local Area Development Scheme (MPLADS) is a programme first launched during the Narasimha Rao Government in 1993.
    • It was aimed towards providing funds for developmental works recommended by individual MPs.

    Funds available

    • The MPs then were entitled to recommend works to the tune of Rs 1 crore annually between 1994-95 and 1997-98, after which the annual entitlement was enhanced to Rs 2 crore.
    • The UPA government in 2011-12 raised the annual entitlement to Rs 5 crore per MP.

    Implementation

    • To implement their plans in an area, MPs have to recommend them to the District Authority of the respective Nodal District.
    • The District Authorities then identify Implementing Agencies which execute the projects.
    • The respective District Authority is supposed to oversee the implementation and has to submit monthly reports, audit reports, and work completion reports to the Nodal District Authority.
    • The MPLADS funds can be merged with other schemes such as MGNREGA and Khelo India.

    Guidelines for MPLADS implementation

    • The document ‘Guidelines on MPLADS’ was published by the Ministry of Statistics and Programme Implementation in June 2016 in this regard.
    • It stated the objective of the scheme to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs in their Constituencies.
    • Right from the inception of the Scheme, durable assets of national priorities viz. drinking water, primary education, public health, sanitation and roads, etc. should be created.
    • It recommended MPs to works costing at least 15 per cent of their entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 per cent for areas inhabited by ST population.
    • It lays down a number of development works including construction of railway halt stations, providing financial assistance to recognised bodies, cooperative societies, installing CCTV cameras etc.

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