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Constitution Day: A rare, enduring document
Context
- On November 26, 1949, the Constituent Assembly of India adopted our Constitution. Hence, every year we celebrate this day as Constitution or Law Day. India’s Constitution has now endured for almost 73 years.
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Did you know?
- The original constitution of India was handwritten by Prem Behari Narain Raizada in a flowing italic style with beautiful calligraphy.
- 2,000 Amendments were made to the 1st draft of the Constitution before it was finalized.
Circumstances during the making of the constitution
- Era of constitutional democracies: Constitution-making itself is a relatively unexceptional endeavor. Ginsburg, Elkins and Blount note that in the period from 1789–2005, 806 national constitutions were promulgated.
- Shadow of partition: It was written under extraordinarily difficult conditions, The partition of India which resulted in the displacement of millions of people on both sides of the border.
- Mass death and refugee crisis: Partition was accompanied by mass deaths, devastation, violence, and brutality. Amid all this, as refugees flowed into Delhi, our dual-purpose assembly, a parliament by morning and a constituent body in the afternoon drafted our enduring founding instrument. One that would remain relevant not just for the turbulence of that present, but also would be meaningful for future generations to come.
- A lengthy process: Of the 148 cases, which were randomly chosen from 806, on average, the constitution-making process took 16 months. India’s constitution-making project took about three years from 1946 to 1949.
Legitimacy of the constitution
- Constitution narrates the story of people: It’s not only the text, but also the story crafted of the birth of a constitution that is critical in the internalization of a constitutional order by a people.
- Legitimacy of constitution makers: The drafters deployed the considerable political goodwill enjoyed by key national leaders who were members of the assembly to give legitimacy to the Constitution.
- Egalitarian foundation for decent nation: The Constitution reflects the will of the people, and how its egalitarian foundation would create a better, more decent nation.
Influence of freedom movements on the crafting of the Constitution
- Rise of constitutionalism: The freedom movement and resistance to colonial power was also good training for constitution-crafting. Dietmar Rothmund highlights the unique evolution of Indian constitutionalism, each set of reforms introduced by the British coloniser, while being designed to fulfil certain demands, leads to inspiring new agitations.
- Tilak’s Swaraj Bill of 1895: As the legal historian Rohit De writes, the Constitution, had its inspiration in sources like Tilak’s Swaraj Bill of 1895 (which included rights to free speech, free press, equality before law) and the Declaration of Rights of 1918 (where the Indian National Congress demanded that civil and political rights to include the right to life and liberty, freedom of press and association and for all this to be included in the Government of India Act 1919).
- Resolution of Fundamental Rights and Economic Changes:
- Constitutional development that drew from the Resolution of Fundamental Rights and Economic Changes at the Karachi Session of the Congress in 1931. This resolution argues that “in order to end exploitation of the masses, political freedom must include economic freedom”.
- Along with fundamental rights, it provided for ending of bonded and child labour, free primary education, expansion of labour welfare, regime protection labour unions, women workers, providing for redistribution of resources through state control over key industries and national resources, recognizing the communal problem and laying out protection of minority rights.
Consensus based approach
- It was also the consensus-oriented method that found favor with the Constituent Assembly that has helped our Constitution endure.
- The framers appreciated the link between consensus in adoption and the legitimacy of the Constitution. For instance, when debating the adoption of Hindi as a national language, Rajendra Prasad, president of the Constituent Assembly, said that the choice of national language would have to be “carried out by the whole country”.
- Even if a majority of the Assembly made a choice that was not approved by a section of the people, then, implementation of the Constitution would be rendered perilous. Hence, Hindi was made “the official language of the Union”, while English was retained to be used for all “official purposes”.
Conclusion
- India’s drafters and the methodologies they adopted to craft their glorious product, hold lessons for contemporary politicians and law makers. Consensus, craft and vision are invaluable while making an instrument to endure.
Mains Question
Q. Explain the impact of colonial legacy and freedom movement on drafting of constitution? What were the extra ordinary circumstances during the partition of India?
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Enhancing the credibility of the Election Commission (ECI)
Context
- A vital issue of national importance dominating the headlines for the last three days is the PIL in the Supreme Court regarding the autonomy and neutrality of the Election Commission of India (ECI).
Constitutional mandate for Election Commission of India (ECI).
- The Constitution intended the Election Commission to be fiercely independent and vested it with enormous powers of superintendence, direction and control over all elections.
- The apex court has repeatedly adjudged these powers to be absolute and unquestionable.
- It has declared Article 324 to be the reservoir of all powers of the ECI and has repeatedly declared free and fair elections to be part of the basic structure of the Constitution.
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Back to basics: Appointment & Tenure of Commissioners
- The President has the power to select Chief Election Commissioner and Election Commissioners.
- They have tenure of six years, or up to the age of 65 years, whichever is earlier.
- They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
- The Chief Election Commissioner can be removed from office only through accusation by Parliament.
- Election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
What are the issues regarding the appointment of the Election commissioners?
- Flawed system of appointment of the Election Commissioners: They are appointed unilaterally by the government of the day.
- B. R. Ambedkar’s remark on tenure: Tenure B R Ambedkar’s statement to the Constituent Assembly “the tenure can’t be made a fixed and secure tenure if there is no provision in the Constitution to prevent a fool or a naive or a person who is likely to be under the thumb of the executive”
- Uncertainty over the elevation: Uncertainty over the elevation of an Election Commissioner to the post of CEC, which makes them vulnerable to government pressure. They consider themselves on probation, always conscious of how their conduct is viewed by the government, which can exploit this fear. Since all three members have equal voting rights and all decisions in the commission are taken by the majority, the government can even control an independent-minded CEC through the majority voting power of the two Election Commissioners.
What are the demands for the appointment of EC’s?
- Appointments through a broad-based consultation: There has been a demand for appointments through a broad-based consultation, including parliamentary scrutiny.
- The Proposed mechanism: A collegium consisting of the Prime Minister, leader of the Opposition (LOP) and the Chief Justice of India (CJI).This system is already in operation for the appointment of the Central Vigilance Commissioner, Chief Information Commissioner and Director of the Central Bureau of Investigation.
- The probable benefit of this mechanism: This will obviate the possibility of allegations against the incumbent of being partisan to the government. Opposition parties would not be able to raise a finger against the incumbent since the LOP would be a party to the selection.
- Collegium system for appointing Election Commissioners: In its 255th Report, the Law Commission of India also recommended a collegium system for appointing Election Commissioners. Political stalwarts and many former CECs including BB Tandon, N Gopalaswami, TS Krishnamurthy supported the idea.
- Extending protection to Election Commissioners: At present, only the CEC is protected from being removed (except through impeachment). One has to remember that the Constitution enabled protection for the CEC as it was initially a one-man Commission. Logically, this should have been extended to the other two Commissioners, who were added in 1993, as they collectively represent the ECI.
Memory shot: Constitutional Provisions in short
- 324: Functions of EC and its composition.
- 325: One general electoral roll and equality among the citizens.
- 326: Adult suffrage.
- 327: Power to Parliament: To make provisions with respect to elections to federal and State Legislatures.
- 328: Power to State Legislature: To make laws with respect to elections to such legislature.
- 329: Bars interference by courts in electoral matters. Notwithstanding anything said in the constitution i.e., validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies shall not be called in question in any court.
Added Information: Conditions for filing an Election Petition
- No election to either House of Parliament or either House of the Legislature of a State shall be called in question except by an election petition.
- Any elector or candidate can file an election petition on grounds of malpractice during the election.
- In respect of elections to the Parliament and State Legislatures, they can only be filed before the High Court.
- In respect of elections for the offices of President and Vice President, such petitions can only be filed before the Supreme Court.
Conclusion
- The recent questions raised about the ECI’s credibility are certainly worrisome. An ECI in office with the express consent of both the ruling and opposition parties is a great opportunity to convince the country and all the parties contesting the elections of its neutrality and impartiality.
Mains Question
Q. Election Commission of India, the most powerful in the world, is said to have the most flawed appointment system. What are the concerns and demands raised from time to time? Discuss
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States ask Centre to curb its ‘Cess’ habit
Several States, including some governed by the Centre urged to rein in its reliance on raising revenues through cesses and surcharges which reduce their share in the divisible pool of taxes.
What are Cesses and Surcharges?
The Union government has the authority to collect money through a variety of levies referred to as a tax, fee, cess, and surcharge.
(A) Cess
- Cess is charged on the tax amount and is levied for a specific purpose.
- In India, cess is applicable to all the taxpayers, and it is calculated over, and above the base tax liability of the taxpayer, cess taxes initially go to the consolidated fund of India (CFI) that has to be used for the purpose for which it was collected.
- Education Cess, Swachh Bharat Cess
(B) Surcharge
- The surcharge is levied on the tax payable and not on the total income.
- It directly goes to the CFI, and after that it can be used for any purpose, just like the normal tax.
- Surcharge applies to the taxpayer whose income is more than Rs 50 lakh.
- In simple terms, surcharge is a tax on tax that is not collected for any particular cause, and the union government may use the proceeds of surcharges for any purpose it sees as important.
- The objective behind the surcharge is to put a high tax burden on people with high incomes.
Difference between the two
- The rate of cess under income tax is fixed at 4%, whereas the rate of surcharges varies from 10%, 15%, 25% & 37% based on the taxpayers’ total income.
- Cess is calculated on total tax and surcharge amount; surcharge is calculated on total tax amount only.
- In a nutshell, while both are taxes, cess is collected from every taxpayer to meet a certain purpose, and the surcharge is an additional tax collected from the taxpayers who have higher slab income.
Key difference over which states dispute
- Major difference is that each can be shared with the state government, the surcharge can be kept with CFI, and it can be utilised for other taxes.
- However, cess should be utilised for a particular reason. This restricts the states expenditure.
- Tamil Nadu noted that the share of cesses and surcharges had grown from 10.4% of gross tax revenue in 2011-12 to 26.7% in 2021-22.
- This has deprived the States of their legitimate share of revenue collected by the Union Government.
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Government forms panel to look into MGNREGA’s efficacy
The Central government has constituted a panel to review the implementation and assess efficacy as a poverty alleviation tool of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme.
About the review committee
- The committee is headed by former Rural Development secretary Amarjeet Sinha.
- It had its first meeting on November 21, 2022, and has been given three months to submit its suggestions.
- It is tasked to study the various factors behind demand for MGNREGA work, expenditure trends and inter-State variations, and the composition of work.
- It will suggest what changes in focus and governance structures are required to make MGNREGA more effective.
What is MGNREGA?
- The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
- This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
- The act was first proposed in 1991 by V. Narasimha Rao.
What is so unique about it?
- MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
- The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
- Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
- Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
- Thus, employment under MGNREGA is a legal entitlement.
Why is MGNREGS under fire these days?
- Not enough work: Bihar despite its levels of poverty, does not generate enough work to make a concrete difference, and on the other end of spectrum we have Kerala which is economically better but has been utilising it for asset creation.
- No asset creation: There is a lack of tangible asset creation. The committee will study if the composition of work taken up presently under the scheme should be changed.
Issues in implementation
- Insufficient budgetary allocations: Increase in the nominal budget but actual budget (after adjusting inflation) decreased over the years.
- Approved Labour Budget Constraints: The Centre through the arbitrary “Approved Labour Budget” has reduced the number of days of work and put a cap on funds through the National Electronic Fund Management System
- Not so attractive wages rate: Currently, MGNREGA wage rates of 17 states are less than the corresponding state minimum wages.
- Delay in wage payments: Under the MGNREGA, a worker is entitled to get his or her due wages within a fortnight of completion of work, failing which the worker is entitled to the compensation.
- No-work situations are rising: None of the states was able to provide full 100 days employment as mentioned in the scheme.
- Data manipulations by authorities: A recent study has found that data manipulation in the MGNREGA is leading to gross violations in its implementation.
- Non-purposive spending and corruptions: Many works sanctioned under MGNREGA often seem to be non-purposive. Quite often, they are politically motivated hotspots to create rampant corruption.
- Centralization weakening local governance: A real-time MIS-based implementation and a centralised payment system has further left the representatives of the Panchayati Raj Institutions with literally no role in implementation.
Conclusion
- Large scale social security programmes like MGNREA are subjected to undergo several stumbling blocks in the times of ongoing pandemic.
- Government and NGOs must study the impact of MGNREGA in rural areas so as to ensure that this massive anti-poverty scheme is not getting diluted from its actual path.
- We must view MGNREGA as an opportunity and explicitly include it in a broad-based strategy to tackle any socie-economic crisis.
Answer this PYQ in the comment box:
Q. Among the following who are eligible to benefit from the “Mahatma Gandhi national rural employment guarantee act”?
(a) Adult members of only the scheduled caste and scheduled tribe households.
(b) Adult members of below poverty line (BPL) households.
(c) Adult members of households of all backward communities.
(d) Adult members of any household.
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Rationalization in long-term Capital Gains Tax structure on the anvil
The Finance Ministry is looking at rationalizing long-term capital gains tax structure by bringing parity between similar asset classes and revising the base year for computing indexation benefits.
What is Capital Gains Tax?
- Capital gains tax is levied on the profits made on investments (Base Year: 2001).
- It covers real estate, gold, stocks, mutual funds, and various other financial and non-financial assets.
- Under the Income Tax Act, gains from sale of capital assets — both movable and immovable — are subject to ‘capital gains tax’.
Types of CGT
(A) STCG (Short-term capital asset)
- An asset held for a period of 36 months or less is a short-term capital asset.
- The criteria is 24 months for immovable properties such as land, building and house property from FY 2017-18.
- For instance, if you sell house property after holding it for a period of 24 months, any income arising will be treated as a long-term capital gain, provided that property is sold after 31st March 2017.
- The reduced period of the aforementioned 24 months is not applicable to movable property such as jewellery, debt-oriented mutual funds etc.
Some assets are considered short-term capital assets when these are held for 12 months or less. This rule is applicable if the date of transfer is after 10th July 2014 (irrespective of what the date of purchase is). These assets are:
- Equity or preference shares in a company listed on a recognized stock exchange in India
- Securities (like debentures, bonds, govt securities etc.) listed on a recognized stock exchange in India
- Units of UTI, whether quoted or not
- Units of equity oriented mutual fund, whether quoted or not
- Zero coupon bonds, whether quoted or not
(B) LTCG (Long-term capital asset )
- An asset held for more than 36 months is a long-term capital asset.
- They will be classified as a long-term capital asset if held for more than 36 months as earlier.
- Capital assets such as land, building and house property shall be considered as long-term capital asset if the owner holds it for a period of 24 months or more (from FY 2017-18).
Whereas, below-listed assets if held for a period of more than 12 months, shall be considered as long-term capital asset.
- Equity or preference shares in a company listed on a recognized stock exchange in India
- Securities (like debentures, bonds, govt securities etc.) listed on a recognized stock exchange in India
- Units of UTI, whether quoted or not
- Units of equity oriented mutual fund, whether quoted or not
- Zero coupon bonds, whether quoted or not
Why is it so complicated?
Capital gains tax is complicated for a few primary reasons.
- First, the rate changes from asset to asset. LTCG tax on stocks and equity mutual funds is 10% but on debt mutual funds is 20% with indexation.
- Second, holding period changes from asset to asset. The holding period for LTCG tax is two years in real estate, one year for stocks, and three years for debt mutual funds and gold.
- Third, exemptions available against it come with their own complex conditions. For instance, buying a house after selling one can get you an exemption, but the new house must be bought in two years or built in three years of the sale.
Stipulated reforms by Finance Ministry
- Currently, shares held for more than one year attract a 10% tax on long-term capital gains.
- Gains arising from sale of immovable property and unlisted shares held for more than 2 years and debt instruments and jewellery held for over 3 years attract 20% long-term capital gains tax.
- Also, a change in base year for computing inflation-adjusted capital gains is being contemplated.
- The index year for capital gains tax calculation is revised periodically to make it more relevant. The last revision took place in 2017 when the base year was updated to 2001.
- Since the prices of assets increase over time, the indexation is used to arrive at the inflation-adjusted purchasing price of assets to compute long-term capital gains for the purpose of taxation.
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Russia offers advanced nuclear fuel for Kudankulam Reactor
The Russian state-owned nuclear energy corporation Rosatom has offered a more advanced fuel option to India’s largest nuclear power station at Kudankulam, which will allow its reactors to run for an extended 2-year cycle without stopping to load fresh fuel.
What is the news?
- Rosatom’s nuclear fuel division, TVEL Fuel Company, is the current supplier of TVS – 2 M fuel for the two VVER 1,000 MWe reactors generating power in the Kudankulam Nuclear Power Project (KKNPP).
- This fuel has an 18-month fuel cycle, meaning that the reactor has to be stopped for fresh fuel loading every one-and-a-half years.
- TVEL has now offered the more modern Advanced Technology Fuel (ATF), whose fuel cycle is a whopping 24 months.
Benefits of the move
- This fuel will ensure more efficiency and additional power generation due to the prolonged operation of the reactor.
- It will result in sizable savings of the foreign exchange need to buy fresh fuel assemblies from Russia.
What is the Nuclear Fuel Cycle?
- The nuclear fuel cycle consists of front-end steps that prepare uranium for use in nuclear reactors and back-end steps to safely manage, prepare, and dispose of used—or spent—but still highly radioactive spent nuclear fuel.
- Uranium is the most widely used fuel by nuclear power plants for nuclear fission.
- Nuclear power plants use a certain type of uranium—U-235—as fuel because its atoms are easily split apart.
- Although uranium is about 100 times more common than silver, U-235 is relatively rare at just over 0.7% of natural uranium.
Steps involved in fuel enrichment
- Uranium concentrate is separated from uranium ore at uranium mills or from a slurry at in-situ leaching facilities.
- It is then processed in conversion and enrichment facilities, which increases the level of U-235 to 3%–5% for commercial nuclear reactors, and made into reactor fuel pellets and fuel rods in reactor fuel fabrication plants.
- Nuclear fuel is loaded into reactors and used until the fuel assemblies become highly radioactive and must be removed for temporary storage and eventual disposal.
- Chemical processing of spent fuel material to recover any remaining product that could undergo fission again in a new fuel assembly is technically feasible.
Back2Basics: Uranium Enrichment
- It is a process that is necessary to create an effective nuclear fuel out of mined uranium.
- It involves increasing the percentage of uranium-235 which undergoes fission with thermal neutrons.
- Nuclear fuel is mined from naturally occurring uranium ore deposits and then isolated through chemical reactions and separation processes.
- These chemical processes used to separate the uranium from the ore are not to be confused with the physical and chemical processes used to enrich the uranium.
Why is enrichment carried out?
- Uranium found in nature consists largely of two isotopes, U-235 and U-238.
- Natural uranium contains 0.7% of the U-235 isotope.
- The remaining 99.3% is mostly the U-238 isotope which does not contribute directly to the fission process (though it does so indirectly by the formation of fissile isotopes of plutonium).
- The production of energy in nuclear reactors is from the ‘fission’ or splitting of the U-235 atoms since it is the main fissile isotope of uranium.
- Naturally occurring uranium does not have a high enough concentration of Uranium-235 at only about 0.72% with the remainder being Uranium-238.
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Supreme Court launches online RTI Portal
The Supreme Court has launched an online portal that will help citizens file and access applications under the Right to Information (RTI) Act in matters related to the court
What is the online RTI portal?
- The online RTI portal has been initiated to make it convenient for people to access information about the Supreme Court.
- So far, RTI applications at the Supreme Court had to be filed only via post.
- Various public interest litigation (PILs) had been filed before the Supreme Court seeking an online RTI portal for the Court.
- The online portal is likely to streamline responses of the Supreme Court under the Right to Information Act.
How does the online portal work?
- The online portal can be accessed at a dedicated url.
- Essentially, the process of filing an RTI in the Supreme Court is the same as how one normally files the application.
- This web portal can be used only by Indian citizens to file RTI applications, first appeals and to make payment for fees, and copying charges, under the Right to Information Act, 2005 (RTI Act).
- An applicant must first register themselves in the web portal.
Fees prescribed
- The applicant can pay the prescribed fee through internet banking, credit/debit card of Master/Visa or UPI.
- The fee per RTI application is ₹10.
- Any applicant who is Below Poverty Line (BPL) is exempted to pay the application fee under the RTI Rules, 2012.
Expected time for response
- By law, RTIs must be replied to within 30 days.
- In fact, in life and death cases, RTIs must be responded to within 48 hours.
Back2Basics: Right to Information
- RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
- It replaced the former Freedom of Information Act, 2002.
- Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
- In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
- The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
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Transcend: Interview Guidance Program for UPSC CSE 2022 (Enroll here) | Fill DAF 2 with us
Click on the button above to register and schedule a FREE mentorship call for UPSC Interviews 2022. Our team will reach out to you for DAF 2 curation.
Hey future administrators! Today UPSC released a notification wherein they informed that UPSC results will be declared soon. You can read the notification below. It won’t be wrong to say that UPSC has rung the bells for you to start the interview preparation.
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These are some of the toppers from Civilsdaily IAS who were also a part of Transcend Interview Guidance Program 2022.
We will have CivilsDaily’s Rankers to guide you for UPSC Interviews
Click on the button above to register and schedule a FREE mentorship call for UPSC Interviews 2022. Our team will reach out to you for DAF 2 curation.
Program inclusion
- Mock interview and detailed analysis + feedback
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- Why do you want to join the civil services?
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- Which in-service officer has inspired you the most and why?
- One feedback that you received from a friend, peer or superior that fundamentally changed the way you operate in the world or look at the world?
We want you to be uninhibited, relaxed and natural when you make this video. All questions are compulsory (especially 2, 4 and 5).
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25th Nov| Daily Answer Writing Enhancement
Topics for Today’s questions:
GS-1 The Freedom Struggle — its various stages and important contributors/contributions from different parts of the country.
GS-2 Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
GS-3 Indian Economy
GS-4 Case Studies
Question 1)
Q.1 Even though it introduced several features which later laid the foundation for the Indian Constitution, the Government of India Act 1935 had several shortcomings. Examine. (10 Marks)
Question 2)
Q.2 The ratification of the India-Australia trade deal by the parliament further underlines the positive relationship between both countries. Comment. (10 Marks)
Question 3)
Q.3 Examine the challenges faced by start-ups in India. What has been the government’s role in simplifying these challenges? (15 Marks)
Question 4)
Q.4 You are posted as the Commissioner of Police in a metropolitan city where a visiting foreign dignitary, with President-level security cover, is scheduled to visit for an official function. As a part of the security preparedness, it has been decided that no vehicular traffic will be allowed on the route which will be taken by the foreign dignitary to reach the venue of the function in the city. However, just 15 minutes before the scheduled arrival of the dignitary, you are informed that a critically-ill patient is stuck on the way to the hospital in a private car along with his family. In this situation, answer the following: (a) Discuss the issues involved in halting traffic for VIP movement. (b) List the options available to you in this situation with their merits and demerits. (c) What will be your course of action? Justify with proper reasoning. (20 Marks)
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