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  • Artificial intelligence (AI): AI Arms Race and India

    AI

    Central Idea

    • Hosting the G20 leaders’ summit later this year is an excellent opportunity for India to demonstrate its capabilities and contributions to information technology and the digital economy. The newest weapons will not be the biggest bombs, tanks or missiles but AI-powered applications and devices which will be used to wage and win wars. India must wake up to the challenge to protect itself against the potential consequences of an AI war.

    (Source: Indian Express, Article is written by Aasif Shah, a fellow from IIT Madras and winner of the Young Researcher Award 2022 from Indian Commerce Association)

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    Interesting: Message from Robot

    • Recalling the conversation between the world’s first human robot Sophia and CNBC’s Andrew Ross, in which he voiced his concerns about advancements in Artificial intelligence (AI), We all want to prevent a bad future where robots turn against humans,
    • Sophia retorted, don’t worry if you’re nice to me, I will be nice to you.
    • The message was clear: It is up to humans and nations how they utilise AI and appreciate its advantages.
    • The astonishing AI advancements are nothing but a warning to prepare for the unexpected.

    What is Artificial Intelligence (AI)?

    • AI is a constellation of technologies that enable machines to act with higher levels of intelligence and emulate the human capabilities of sense, comprehend and act.
    • The natural language processing and inference engines can enable AI systems to analyze and understand the information collected.
    • An AI system can also take action through technologies such as expert systems and inference engines or undertake actions in the physical world.
    • These human-like capabilities are augmented by the ability to learn from experience and keep adapting over time.
    • AI systems are finding ever-wider application to supplement these capabilities across various sectors.

    AI

    The AI growth in recent times

    • AI has grown significantly in recent times: There is widespread fear that as the usage of AI increases, both blue- and white-collar workers may be replaced and rendered unemployed. But despite criticism in some parts of the world, AI has grown significantly in recent times.
    • Global Market size: The global AI market size was estimated at $65.48 billion in 2020 and is expected to reach $1,581.70 billion by 2030, according to a recent Bloomberg report.
    • Applications and global impact: The growing impact of AI on banking and financial markets, e-commerce, education, gaming and entertainment is changing the world order.
    • Driving forces: The driving forces behind the evolution of AI growth are greater availability of data, higher computing power and advancements in AI algorithms.
    • Many people believe that AI has little bearing on their daily lives: In actuality, we all interact with AI through social media, transportation, banking, cell phones, smartwatches, and other devices.

    AI

    The Real AI threat: AI arms race

    • An Iranian nuclear scientist was hit by machine gun fire in 2020.
    • It was later discovered that the scientist was actually targeted and killed by an Israeli remote-controlled machine gun using AI.
    • There are a series of similar adverse incidents that spark moral discussions regarding the potential benefits and drawbacks of AI.
    • The AI arms race between countries like the US, China and Russia, points to the possibility that AI can escalate global conflict and pose significant security risks.
    • Smaller countries like Israel and Singapore are also in the lead.

    Where does India stand in the AI ecosystem?

    • Investments in India is increasing: According to a Nasscom report, investments in AI applications in India are expected to increase at a compound annual growth rate (CAGR) of 30.8 per cent and reach $881 million during 2023.
    • Contribution of India: The report further added that although there is a massive increase in global investments in AI, the contribution of India has remained at 1.5 per cent.
    • Centres of Excellence for artificial intelligence (AI): In the Budget 2023-24 speech, finance minister made an announcement about the government’s intent to establish three Centres of Excellence for artificial intelligence (AI) in prestigious educational institutions in India.

    AI

    Conclusion

    • Of late India has made considerable strides in digital technology. It is currently the third-largest startup hub in the world and is home to many leading technology companies. However, India still lags behind China in terms of overall AI capabilities. China is leading the way in terms of research, development and AI applications, including development of intelligent robots, autonomous systems, and intelligent transportation systems. The current trend of AI development suggests that it will determine future economies and national security to influence world politics.

    Mains Question

    Q. The newest weapons will not be the biggest bombs, tanks or missiles but AI-powered applications and devices which will be used to wage and win wars. Discuss.

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  • 3rd Mar 23 | Nikaalo Prelims- Mini Test -3 (State and Local Government) 

    3rd Mar 23 | Nikaalo Prelims- Mini Test -3 (State and Local Government) 

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  • Election Commission Appointments: Supreme Court’s Landmark Order

    Election

    Central Idea

    • The Supreme Court of India (SC) remains the most powerful centre of political power in the country at a time when almost every political issue is a matter of adjudication before the Court. A neutral body for the selection of the Chief Election Commissioner (CEC) and other Election Commissioners was the principal relief sought in Anoop Baranwal v. Union of India, which has been granted by the Court as per Thursday’s verdict. The judgment revives the era of judicial activism.

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    Anoop Baranwal v. Union of India: The chronology

    • PIL: Current system of appointing Election Commissioners is unconstitutional: In January 2015, Anoop Baranwal filed a PIL on the ground that the current system for appointing members of the Election Commission of India (ECI) is unconstitutional. Currently, the Executive enjoys the power to make appointments.
    • Pleads for Independent system: The PIL pleads for the Court to issue directions to set up an independent, Collegium-like system for ECI appointments.
    • Article 324:
    • Article 324 specifies that while the Chief Election Commissioner and Election Commissioners will be appointed by the President, this is subject to Parliamentary law (if such law exists).
    • While this provision places an expectation on Parliament to draft a relevant a law, it has not done so up until now. In the absence of such a law, the President has been making appointments as per the recommendations of the Prime Minister.
    • Union government’s defence: The Union has defended the current mechanism of appointments, citing the honest record of all past Chief Commissioners.
    • Urged court not to intervene: It has urged the Court to not intervene, submitting that the matter falls within the executive domain.
    • Recent verdict: The Supreme Court held that a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India will advise the President on appointments to the Election Commission of India until Parliament enacts a law on the subject.

    What are the issues with Election commission?

    • The bone of contention: Petitioners argued that as per Article 324(2), CEC and ECs appointments must be based on a law, but no law was enacted. Taking advantage of this scenario, the dispensation at the Centre chooses the CEC and ECs, who are often seen to act in tune with those in power and those who select them. Therefore, the petitioners pleaded for an independent body for appointments.
    • Immunity for CEC and Susceptibility of ECs: Article 324(5) provides immunity to CEC but not to other ECs. CEC can only be removed like a Supreme Court judge. Other ECs may be more susceptible to the executive due to lack of security of tenure.
    • CEC and EC’s autonomy is linked to their selection process. In an electoral autocracy, executive control undermines fair elections.

    Back to Basics: What is judicial activism and judicial overreach?

    • Judicial Review: It is the process by which a court reviews the constitutionality of a statue or the application of a statute, and rules either for it or against it on that basis.
    • Judicial Activism: It is the view that courts make political rather than legal decisions to further some agenda, rather than strictly reviewing the legality of a law under the letter of the law and prior precedent. It refers to the process in which judiciary steps into the shoes of legislature and comes up with new rules and regulations, which the legislature ought to have done earlier.
    • Judicial Overreach: It refers to an extreme form of judicial activism where arbitrary, unreasonable and frequent interventions are made by judiciary into the legislature’s domain, often with the intention of disrupting the balance of powers between executive, legislature and judiciary.

    Election

    Supreme court’s Judgement: A great leap

    • Great leap towards a sustainable democracy: An independent committee consisting of the prime minister, leader of the opposition in the Lok Sabha or the leader of the largest party in opposition and the Chief Justice of India for selecting the CEC is a great leap towards a sustainable democracy.
    • Total Independence: The far-reaching verdict also means the Election Commission will have an independent secretariat, rule-making powers, an independent budget, and equal protection from impeachment.
    • Bench remarks: Democracy can succeed only if all stakeholders work on it to maintain the purity of the election process, so as to reflect the will of the people.

    Conclusion

    • The recent SC verdict regarding the selection of the commission is not a cure-all solution for electoral democracy. However, it corrects an unjust method of selection and significantly improves the legitimacy of the process.

    Mains Question

    Q. A Constitution Bench of the Supreme Court has ordered that the election commissioners will be appointed on the advice of a committee. Discuss what led to this judgment?

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  • South Asia Need to Invest In Human Capital

    South Asia

    Central Idea

    • The last few years have ushered in a harsh new reality where crises are the norm rather than the exception. Pandemics, economic slumps and extreme weather events were once tail-end risks, but all three have hit South Asia in rapid succession since 2020.  To strengthen resilience and protect the well-being of future generations, governments across South Asia need to take urgent policy action and invest in human capital.

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    South Asia Overview

    • Countries: Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.
    • Population: The region has a total population of over 1.8 billion people, making it the most populous region in the world.
    • Geography: South Asia has a diverse geography, with mountain ranges such as the Himalayas and Hindu Kush, major rivers like the Ganges, Indus, and Brahmaputra, and coastal areas along the Arabian Sea, Bay of Bengal, and Indian Ocean.
    • Economy: India is the largest economy in the region, accounting for more than 70% of the region’s total GDP. Agriculture is a major employer in most countries, with rice and wheat being staple crops. The manufacturing sector is also a significant contributor to the region’s economy, with textiles, garments, and leather products being major exports
    • Climate: The climate of South Asia is varied, with the monsoon season bringing heavy rainfall to much of the region and causing flooding in some areas. The region’s geography and size also result in varying climate patterns. In general, the region experiences hot and humid summers and mild winters.
    • Climate Change Risks: Climate change poses significant risks to the region, with some areas, such as the Maldives, at risk of sea level rise. Other risks include increased frequency and severity of extreme weather events, such as floods and droughts. The region is also vulnerable to the impacts of climate change on health, including increased incidence of heat-related illness and infectious diseases.
    • Biodiversity and Environmental Threats:
    • South Asia is home to several biodiversity hotspots, such as the Western Ghats in India and the Eastern Himalayas.
    • However, the region faces significant environmental threats, such as deforestation, air and water pollution, and climate change.
    • Deforestation is a major problem in the region, with logging and land use change leading to habitat destruction and loss of biodiversity.

    South Asia

    An underutilized asset of South Asia: Analysis

    • South Asia’s people are its biggest asset but remain wastefully underutilized:
    • With nearly half its population under the age of 24 and over one million young people set to enter the labour force every month until 2030, the region could reap an enviably high demographic dividend.
    • Stunting one of the significant challenges: South Asia is also home to over one third of the world’s stunted children. And a child born in the region today can, by the age of 18, expect to attain only 48% of their full productive potential.
    • Governments spending on Health and education: South Asian governments on average spend just 1% of GDP on health and 2.5% on education. In comparison, the global average is 5.9% on health and 3.7% on education.
    • COVID-19 pandemic, a blow to regions human capital: The COVID-19 pandemic, which pushed an additional 35 million people across South Asia into extreme poverty, dealt an unprecedented blow to the region’s human capital. Among its most woeful impacts is a rise in learning poverty, or the inability to read and understand a simple text by age 10. Ineffective remote instruction, during the pandemic increased South Asia’s learning poverty from 60% to 78%.
    • The poorest and most vulnerable people fell further behind: For example, in Bangladesh, the poorest students lost 50% more in terms of learning than the richest students. Several countries still show little to no signs of recovery, and South Asia’s students could lose up to 14.4% of their future earnings.

    Interventions that can make a difference

    • Affordable education: Recent evidence suggests that even simple and low-cost education programmes can lead to sizable gains in skills.
    • For instance:
    • In Bangladesh attending a year of additional pre-school through two-hour sessions significantly improved literacy, numeracy, and social-development scores.
    • In Tamil Nadu, six months of extra remedial classes after school helped students catch up on about two-thirds of lost learning linked to 18 months of school closures.
    • In Nepal, government teachers ran a phone tutoring programme that helped increase students’ foundational numeracy by 30%.
    • Robust systems for crisis management: The need for countries to have robust systems in place to support individuals and families during times of crisis. Such systems, which can include social safety nets, health care, and education programs, can help to mitigate the impact of crises like the pandemic, protect vulnerable populations, and promote resilience. By investing in these systems before a crisis strikes, countries can better prepare themselves to respond to the challenges that may arise.
    • Use data and technology: Effective systems are needed to respond to crises quickly and maintain vital services like healthcare and education. Coordination across sectors is important. Data and technology play a crucial role in the delivery of services, human development systems should ensure they are effectively used.

    South Asia

    World Bank study: Interdependence of health, education and skills for human development

    • A new World Bank study, Collapse and Recovery: how COVID eroded human capital and what to do about it, analyses the pandemic’s impacts on young people, stresses the multi-dimensional and complementary nature of human development.
    • The health, education, and skills people acquire at various stages of their lives, build and depend on each other.
    • To be effective, human development systems must recognise and exploit these overlapping connections. In other words, they should be agile, resilient and adaptive.

    Conclusion

    • The road ahead for South Asia is rocky. The next crisis may be just around the corner. A robust human development system would not only mitigate the damage but also help ensure lives and livelihoods are protected. It could provide the resilience South Asia needs to prosper in an increasingly volatile world. While the outlook is grim, it is important to remember that well-designed and implemented interventions can make a difference if governments act fast.

    Mains question

    Q. South Asia possesses remarkable human capital, but it remains underutilized and has been further impacted by the COVID-19 pandemic. Discuss and suggest what can be done to address the issues?

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  • 3rd Mar 23 | Prelims Daily with Previous Year Questions

    3rd Mar 23 | Prelims Daily with Previous Year Questions

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  • Nikaalo Prelims Spotlight || State and Local Government

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Telegram LIVE with Sukanya ma’am – 06 PM  – Current Affairs Session

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    3rd Mar 2023

    State government 

     
    PART VI of the Constitution deals with the other half of Indian federalism, ie the States. Article from 152-237 deals with various provisions related to States. It covers the executive, legislature and judiciary wings of the states. 

    CHAPTER I.—GENERAL

    Article 152 : Definition

    CHAPTER II.—THE EXECUTIVE

    ARTICLE 153:  GOVERNORS OF STATES

    ARTICLE 154: EXECUTIVE POWER OF STATE

    ARTICLE 155: APPOINTMENT OF GOVERNOR

    ARTICLE 156: TERM OF OFFICE OF GOVERNOR

    ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR

    ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE

    ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR

    ARTICLE 160: DISCHARGE OF THE FUNCTIONS OF THE GOVERNOR IN CERTAIN CONTINGENCIES

    ARTICLE 161: POWER OF GOVERNOR TO GRANT PARDONS, ETC., AND TO SUSPEND, REMIT OR COMMUTE SENTENCES IN CERTAIN CASES

    ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE

    Info-bits related to Governor of States

    • Powers of the Governor can be broadly classified into executive, legislative (including financial powers) and judicial powers.
    • Though the Governor has the power to pardon, he cannot pardon a death sentence.
    • There are also related articles like 163 -167, 174-176, 200-201, 213, 217, 233-234 which touch the sphere of influence of the Governor of a state.
    • When the governor reserves a bill for the consideration of the President, the assent of the Governor is no longer required (only President’s assent would be needed then).
    • The president is not bound to give his assent to a state bill reserved by the governor for the Consideration of the President and he can return the bill to the houses for reconsideration ‘n’ times.
    • Removal of Governors by Center.

     

    Article 163: Council of Ministers to aid and advise Governor

    (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
    (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
    (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

    164: Other provisions as to Ministers

    (1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
    (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
    (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
    (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
    (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.

    Info-bits related to Council of Ministers in States

    1. President of India does not have existence without council of ministers, but Governor has (at the time of President’s rule).
    2. The minimum strength of council of ministers in a state as per Constitution is 12 and maximum is 15 percent of Legislative Assembly.
    3. Oaths for ministers : oaths of office and of secrecy.
    4. The Governor has discretionary powers and the validity of acts done using the discretionary powers cannot be questioned.

    State Legislature

    Article 168: Constitution of Legislatures in States.

    (1) For every State there shall be a Legislature which shall consist of the Governor, and—

    (a) in the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir, two Houses;
    (b) in other States, one House.
    (2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.

    Article 169: Abolition or creation of Legislative Councils in States.

    (1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
    (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

    Article 170: Composition of the Legislative Assemblies.

    Article 171: Composition of the Legislative Councils.

    Article 172: Duration of State Legislatures.

    Article 173: Qualification for membership of the State Legislature.

    Article 174: Sessions of the State Legislature, prorogation and dissolution. 

    Article 175: Right of Governor to address and send messages to the House or Houses.

    Article 176: Special address by the Governor.

    Article 177: Rights of Ministers and Advocate-General as respects the Houses.

     

    Info- Bits related with State Legislature

    1. At present there are seven states which have bicameral legislature – Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka and Jammu and Kashmir.
    2. The permissible strength of a Legislative Assembly (LA) is between 60 and 500.
    3. Total number of Members in the Legislative Council (LC) of a State shall not exceed one third of the total number of Members in the Legislative Assembly.
    4. Of the total number of Members of the Legislative Council, 1/3 of Members are elected by electorates consisting of the Members of Local Authorities, 1/12 are elected by electorates consisting of graduates residing in the State, 1/12 are elected by electorates consisting of persons engaged in teaching, 1/3 are elected by the Members of Legislative Assembly and the remaining are nominated by the Governor. 

    Local self-government


    Local self-government is a form of democratic decentralization where the participation of even the grass root level of the society is ensured in the process of administration.

    History of local administration

    Even though such minor forms of local governance were evident in India from British times, the framers of the constitutions, unsatisfied with the existing provisions, included Article 40 among the Directive Principles, whereby:

    “The state shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”

    Later, the conceptualisation of the system of local self-government in India took place through the formation and effort of four important committees from the year 1957 to 1986 which are:

    1. Balwant Rai Mehta Committee (1957)

    2. Ashok Mehta Committee (1977-1978)

    3. G V K Rao Commitee (1985)

    4. L M Singhvi Committee (1986) 

     

    Panchayati Raj System under 73rd and 74th Constitutional Amendment acts, 1992

    The acts of 1992 added two new parts IX and IX-A  to the constitution. It also added two new schedules – 11 and 12 which contains the lists of functional items of Panchayats and Municipalities. It provides for a three-tier system of Panchayati Raj in every state – at the village, intermediate and district levels.

    • The 73rd Constitutional Amendment act provides for a Gram Sabha as the foundation of the Panchayati Raj system. It is essentially a village assembly consisting of all the registered voters in the area of the panchayat. The state has the power to determine what kind of powers it can exercise, and what functions it has to perform at the village level.
    • The 74th Constitutional Amendment act provides for three types of Municipalities:
      1.  Nagar Panchayat for a transitional area between a rural and urban area.
      2.  Municipal Council for a small urban area.
      3.  Municipal Corporation for a large urban area.

    Types of Urban Local Government

    There are eight types of urban local governments currently existing in India:

    1. Municipal Corporations.
    2. Municipality.
    3. Notified area committee.
    4. Town area committee.
    5. Cantonment board.
    6. Township.
    7. Port trust.
    8. Special purpose agency.

    Elections in the local government bodies

    • All seats of representatives of local bodies are filled by people chosen through direct elections.
    • The conduct of elections is vested in the hands of the State election commission.
    • The chairpersons at the intermediate and district levels shall be elected indirectly from among the elected representatives at the immediately lower level.
    • At the lowest level, the chairperson shall be elected in a mode defined by the state legislature.
    • Seats are reserved for SC and ST proportional to their population.
    • Out of these reserved seats, not less than one-third shall be further reserved for women.
    • There should be a blanket reservation of one-third seats for women in all the constituencies taken together too (which can include the already reserved seats for SC and ST).
    • The acts bar the interference of courts in any issue relating to the election to local bodies.

    Qualifications needed to be a member of the Panchayat or Municipality

    Any person who is qualified to be a member of the state legislature is eligible to be a member of the Panchayat or Municipality.

    “But he shall not be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years”

    This means that unlike the state legislature, a person needs to attain only 21 years of age to be a member of panchayat/municipality.

    Duration of the Local Government bodies

    • The local governing bodies are elected for a term of five years.
    • Fresh elections should be conducted before the expiry of the five-year term.
    • If the panchayat/municipality is dissolved before the expiry of its term, elections shall be conducted within six months and the new panchayat/municipality will hold office for the remainder of the term if the term has more than six months duration.
    • And for another five years if the remaining term is less than six months.

    Powers invested with Local Government bodies

    The powers of local bodies are not exclusively defined. In general, the State governments can assign powers to Panchayats and Municipalities that may enable them to prepare plans for economic development and social justice. They may also be authorized to levy, collect, or appropriate taxes.

     

     
     
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  • Supreme Court verdict on ECI appointments

    Central idea: The Supreme Court has directed the central government to form a permanent selection committee consisting of consist of the Prime Minister, Leader of the Opposition, and the Chief Justice of India or his nominee to recommend the appointment of Election Commissioners.

    Supreme Court Ruling

    • The Supreme Court ruled that the appointment of the CEC should be made through a transparent and participatory process.
    • It directed the government to set up a permanent selection committee to recommend names for the appointment of the CEC.
    • The committee will consist of the Prime Minister, Leader of Opposition, and Chief Justice of India or his nominee.
    • The court emphasized that the appointment process should ensure the independence of the Election Commission and be free from executive interference.

    Why such move?

    • The ruling will bring more transparency and accountability to the appointment process of the CEC.
    • It will prevent any undue influence by the ruling government in the appointment of the CEC.
    • The ruling also reinforces the importance of an independent Election Commission in ensuring the fairness of the democratic process in India.

    Why did the SC debate the issue?

    • In 2015, a PIL was filed challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
    • In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution.

    What is the challenge?

    Article 324(2) states that the President appoints the Chief Election Commissioner and other Election Commissioners, subject to any law made by Parliament.

    • Absence of law: The crux of the challenge is that since there is no law made by Parliament on this issue.
    • Urge for judicial intervention: The Court must step in to fill the constitutional vacuum, urges the PIL.
    • Question of executive non-interference: This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law.

    About Election Commission of India

    • The ECI is a constitutional authority whose responsibilities and powers are prescribed in the Constitution of India under Article 324.
    • In the performance of its functions, the Election Commission is insulated from executive interference.
    • It is the Commission that decides the election schedules for the conduct of elections, whether general elections or by-elections.
    • ECI decides on the location of polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters.

    Litigations against EC

    • The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions.
    • By long-standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.

    Why is EC under lens these days?

    • Executive interference: ECs are expected to maintain distance from the executive — a constitutional safeguard to insulate the commission from external pressure and allow it to continue as an independent authority.
    • Violating official channels: The EC’s communication with the Government on election matters is through the bureaucracy — either with its administrative ministry — the Law Ministry or the Home Ministry.
    • Breach of protocol: The Law Ministry spells the fine print on law for the country and is expected not to breach the constitutional safeguard provided to the commission to ensure its autonomy.

    Recent incidence of criticisms

    Ans. Partiality in Elections

    • Over the last couple of years, several actions and omissions of the commission have come in for criticism.
    • Nearly 66 former bureaucrats in a letter addressed to the President, expressed their concern over the working of the Election Commission.
    • They felt was suffering from a credibility crisis, citing various violations of the model code of conduct during the 2019 Lok Sabha Elections.

    Importance of ECI for India

    • Conduction of Election: The ECI has been successfully conducting national as well as state elections since 1952.
    • Electoral participation: In recent years, however, the Commission has started to play a more active role to ensure greater participation of people.
    • Discipline of political parties: It had gone to the extent of disciplining the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
    • Upholds federalism: It upholds the values enshrined in the Constitution viz, equality,
      equity, impartiality, independence; and rule of law in superintendence, direction, and control over electoral governance.
    • Free and fair elections: It conducts elections with the highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism.

    Issues with ECI

    • Flaws in the composition: The Constitution doesn’t prescribe qualifications for members of the EC. They are not debarred from future appointments after retiring or resigning.
    • No security of tenure: Election commissioners aren’t constitutionally protected with the security of tenure.
    • Partisan role: The EC has come under the scanner like never before, with increasing incidents of breach of the Model Code of Conduct in the 2019 general elections.
    • Political favor: The opposition alleged that the ECI was favoring the ruling party by giving a clean chit to the model code of conduct violations made by the PM.
    • Non-competence: Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

     

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  • FCRA licence of Centre for Policy Research suspended

    Union Home Ministry suspended the Foreign Contribution Regulation Act (FCRA) licence of the Centre for Policy Research (CPR).

    About CPR

    • The CPR was established in 1973 as a think tank with the mission to contribute to a more robust public discourse about the issues that impact life in India.
    • Its headquarters is located in Chanakyapuri, New Delhi.
    • It is a non-profit, non-partisan, independent institution dedicated to conducting research that contributes to high quality scholarship, better policies.
    • Over the years it has cultivated a reputation as one of the country’s premier public policy think tanks.

    Why was its licence suspended?

    • The CPR allegedly received foreign funds in violation of the FCRA.

    What is FCRA?

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.

    Why was FCRA enacted?

    • The FCRA sought to consolidate the acceptance and utilisation of foreign contribution or foreign hospitality by individuals, associations or companies.
    • It sought to prohibit such contributions from being used for activities detrimental to national interest.

    What was the recent Amendment?

    • The FCRA was amended in September 2020 to introduce some new restrictions.
    • The Government says it did so because it found that many recipients were wanting in compliance with provisions relating to filing of annual returns and maintenance of accounts.
    • Many did not utilise the funds received for the intended objectives.
    • It claimed that the annual inflow as foreign contributions almost doubled between 2010 and 2019.
    • The FCRA registration of 19,000 organisations was cancelled and, in some cases, prosecution was also initiated.

    How has the law changed?

    There are at least three major changes that NGOs find too restrictive.

    • Prohibition of fund transfer: An amendment to Section 7 of the Act completely prohibits the transfer of foreign funds received by an organisation to any other individual or association.
    • Directed and single bank account: Another amendment mandates that every person (or association) granted a certificate or prior permission to receive overseas funds must open an FCRA bank account in a designated branch of the SBI in New Delhi.
    • Utilization of funds: All foreign funds should be received only in this account and none other. However, the recipients are allowed to open another FCRA bank account in any scheduled bank for utilisation.
    • Shared information: The designated bank will inform authorities about any foreign remittance with details about its source and the manner in which it was received.
    • Aadhaar mandate: In addition, the Government is also authorised to take the Aadhaar numbers of all the key functionaries of any organisation that applies for FCRA registration or for prior approval for receiving foreign funds.
    • Cap on administrative expenditure: Another change is that the portion of the receipts allowed as administrative expenditure has been reduced from 50% to 20%.

    What is the criticism against these changes?

    • Arbitrary restrictions: NGOs questioning the law consider the prohibition on transfer arbitrary and too heavy a restriction.
    • Non-sharing of funds: One of its consequences is that recipients cannot fund other organisations. When foreign help is received as material, it becomes impossible to share the aid.
    • Irrationality of designated bank accounts: There is no rational link between designating a particular branch of a bank with the objective of preserving national interest.
    • Un-ease of operation: Due to Delhi based bank account, it is also inconvenient as the NGOS might be operating elsewhere.
    • Illogical narrative: ‘National security’ cannot be cited as a reason without adequate justification as observed by the Supreme Court in Pegasus Case.

    What does the Government say?

    • Zero tolerance against intervention: The amendments were necessary to prevent foreign state and non-state actors from interfering with the country’s polity and internal matters.
    • Diversion of foreign funds: The changes are also needed to prevent malpractices by NGOs and diversion of foreign funds.
    • Fund flow monitoring: The provision of having one designated bank for receiving foreign funds is aimed at making it easier to monitor the flow of funds.
    • Ease of operation: The Government clarified that there was no need for anyone to come to Delhi to open the account as it can be done remotely.

    Supreme Court’s observation

    • The apex court reasoned that an unbridled inflow of foreign funds may destabilise the sovereignty of the nation.
    • The petitioners have argued that the amendments suffered from the “vice of ambiguity, over-breadth or over-governance” and violated their fundamental rights.
    • But the court countered that the amendments only provide a strict regulatory framework to moderate the inflow of foreign funds into the country.
    • The free and uncontrolled inflow of foreign funds has the potential to impact the socio-economic structure and polity of the country.
    • No one can be heard to claim a vested right to accept foreign donations, much less an absolute right, said the verdict.

    Supreme Court’s assessment of Foreign Funds

    • Philosophically, foreign contribution (donation) is akin to gratifying intoxicant replete with medicinal properties and may work like nectar.
    • However, it serves as medicine so long as it is consumed (utilised) moderately and discreetly, for serving the larger cause of humanity.
    • Otherwise, this artifice has the capability of inflicting pain, suffering and turmoil as being caused by the toxic substance (potent tool) — across the nation.

    Way forward

    • The court said charity could be found at home. NGOs could look within the country for donors.
    • Fundamental rights have to give way in the larger public interest to the need to insulate the democratic polity from the “adverse influence of foreign contributions”.
    • The third-world countries may welcome foreign donations, but it is open to a nation, which is committed and enduring to be self-reliant.
    • An unregulated inflow of foreign donations would only indicate that the government was incapable of looking after its own affairs and needs of its citizens.

     

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  • Academic Freedom in India declined strongly since 2013: Report

    freedom

    India’s academic freedom index is in the bottom 30 percent among 179 countries, according to a new report.

    Academic Freedom Index Update, 2023

    • The report was a collaborative effort of 2,917 country experts worldwide.
    • It was co-ordinated by Swedish think tank V-Dem Institute and the Institute of Political Science at the Friedrich Alexander University in Germany.
    • It identified 22 countries – including India, China, the United States and Mexico – where it said universities and scholars experience significantly less academic freedom today than they did ten years ago.
    • The index score measures five indicators-
    1. Freedom to research and teach
    2. Freedom of academic exchange and dissemination,
    3. Institutional autonomy of universities
    4. Freedom of academic and cultural expression and campus integrity
    5. Absence of security infringements and surveillance on campus.

    What one means by academic freedom?

    • Academic freedom refers to the independence and autonomy that scholars and researchers have in pursuing their academic work, without fear of censorship, retaliation, or repression from the government or other entities.
    • It includes the freedom to conduct research, publish findings, and express opinions and ideas, without interference or pressure from external forces.
    • It is considered a cornerstone of higher education and is essential for the advancement of knowledge and the free exchange of ideas.

    India’s performance

    • India is ranked among the bottom 30% with an index score of less than 0.4 among the 179 countries assessed by the researchers.
    • On a scale of 0 (low) to 1 (high), India scored 0.38, lower than Pakistan’s 0.43 and the United States’ 0.79, says the report. LOL!
    • The report has ranked the United States among the top 50% of countries with an index score just below 0.8. China has been ranked among the bottom 10% with a score of less than 0.1.
    • The report said that academic freedom in India began to decline in 2009 with a drop in university autonomy, followed by “a sharp downturn in all indicators” from 2013.

    Reasons for such poor ratings

    • A lack of a legal framework to protect academic freedom has enabled attacks on academic freedom.
    • The report sees there is notable pressure on the institutional dimensions of academic freedom — institutional autonomy and campus integrity.

    Again anti-India narrative

    • The report sees regime change in India since as a declining trend in the country’s academic freedom.
    • All such reports are being increasingly publicized ahead of India’s general elections in 2024.

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  • World Wildlife Day- 2023: 50 years of the CITES

    March 3 marks the 50th anniversary of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973.

    Why is World Wildlife Day marked?

    • March 3 marks the anniversary of CITES’ establishment.
    • CITES is considered a landmark agreement on conservation that focuses on ensuring the sustainability of endangered species.
    • In 2013, the United Nations General Assembly (UNGA) proclaimed March 3 as the UN World Wildlife Day to celebrate and raise awareness of protecting the world’s wild animals and plants.
    • This was as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in 1973 on this day.

    What is the CITES?

    • CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
    • It is as an international agreement aimed at ensuring “that international trade in specimens of wild animals and plants does not threaten their survival”.
    • It was drafted after a resolution was adopted at a meeting of the members of the International Union for Conservation of Nature (IUCN) in 1963.
    • It entered into force on July 1, 1975, and now has 183 parties.
    • The Convention is legally binding on the Parties in the sense that they are committed to implementing it; however, it does not take the place of national laws.
    • India is a signatory to and has also ratified CITES convention in 1976.

    CITES Appendices

    • CITES works by subjecting international trade in specimens of selected species to certain controls.
    • All import, export, re-exports and introduction from the sea of species covered by the convention has to be authorized through a licensing system.
    • It has three appendices:
    1. Appendix I includes species threatened with extinction. Trade-in specimens of these species are permitted only in exceptional circumstances.
    2. Appendix II provides a lower level of protection.
    3. Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling trade.

    A critical assessment

    • Having wildlife allowed to be traded further legitimises their movement and increases the possibility of their illegal trade.
    • Nearly two-thirds of cases, CITES protections lag after a species is determined to be threatened by international trade a/c to NatGeo.
    • For example, while pangolins were finally added to Appendix I in 2017, an estimated million were trafficked between 2000 and 2013.
    • Its laxity has been questioned, on matters such as the ivory trade being allowed at times despite the convention banning it in 1989.

    Conclusion

    • CITES needs to evolve to address new challenges and work more closely with other international agreements and initiatives.
    • There is a need of continued efforts to protect wildlife and biodiversity and the need for international cooperation and collaboration to achieve this goal.

     

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  • What is the Expected Credit Loss (ECL) regime?

    The Reserve Bank of India is moving closer towards ring-fencing the banking system from credit losses as it proposes to move to provision on the principles of ‘expected losses’ from ‘incurred losses. ‘

    What is a Loan-Loss Provision?

    • The RBI defines a loan loss provision as an expense that banks set aside for defaulted loans.
    • Banks set aside a portion of the expected loan repayments from all loans in their portfolio to cover the losses either completely or partially.
    • In the event of a loss, instead of taking a loss in its cash flows, the bank can use its loan loss reserves to cover the loss.
    • The level of loan loss provision is determined based on the level expected to protect the safety and soundness of the bank.

    What is Expected Credit Loss (ECL) regime?

    • The Expected Credit Loss (ECL) regime is a new accounting standard that was introduced by the International Financial Reporting Standards (IFRS) in response to the global financial crisis of 2008.
    • The ECL regime requires banks and other financial institutions to estimate and report the expected losses from their loan portfolios over the lifetime of the loans.
    • Under the ECL regime, financial institutions must assess the credit risk associated with each loan and estimate the expected losses that will result from default or other credit events.
    • These expected losses must be recognized in the financial institution’s accounts and reported to investors and other stakeholders.
    • Under this practice, a bank is required to estimate expected credit losses based on forward-looking estimations rather than wait for credit losses to be actually incurred before making corresponding loss provisions.

    Benefits of the ECL regime

    • ECL will result in excess provisions as compared to a shortfall in provisions, as seen in the incurred loss approach.
    • It will further enhance the resilience of the banking system in line with globally accepted norms.

    Issues with this regime

    • It requires banks to provide for losses that have already occurred or been incurred.
    • The delay in recognizing loan losses resulted in banks having to make higher levels of provisions which affected the bank’s capital.
    • This affected banks’ resilience and posed systemic risks.
    • The delays in recognizing loan losses overstated the income generated by the banks, which, coupled with dividend payouts, impacted their capital base.

     

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  • VAIBHAV fellowship for Indian Diaspora

    The centre has launched VAIBHAV Fellowship scheme for the Indian Diaspora abroad on National Science Day.

    VAIBHAV fellowship

    • The Vaibhav Fellowship is a program that invites overseas Indian scientists and researchers to work with Indian institutions and universities for a period of 2-3 weeks.
    • The program is open to individuals of Indian origin who are working in fields such as science, technology, engineering, and mathematics (STEM).
    • The fellowship will provide opportunities for the diaspora to collaborate with Indian scientists and researchers, participate in conferences, and contribute to the development of the country’s science and technology sector.

    Objectives of the Fellowship

    • To create a platform for Indian diaspora scientists and researchers to connect with their counterparts in India and contribute to the country’s growth in the field of science and technology.
    • To foster collaboration between Indian and overseas scientists and researchers, promote knowledge exchange, and build a network of professionals who can contribute to the development of the country.

    Key facts

    • Duration: The fellowship offers researchers an opportunity to work for a minimum of one month to a maximum of two months a year with a research institution or an academic institution in India.
    • Corpus: Three years with the government offering the researchers an amount of up to Rs 37 lakh for the entire period.
    • Eligibility: Researchers from institutions featuring in the top 500 QS World University Rankings will be eligible for the fellowship.
    • Who can apply: The applicant should be a Non-Resident Indian (NRI), Person of Indian Origin (PIO) or Overseas Citizen of India (OCI) and she or he must have obtained Ph.D/M.D/M.S degree from a recognized University.

    Significance of the fellowship

    • The fellowship provides a platform for Indian scientists and researchers to collaborate with their counterparts abroad, which can help in the exchange of ideas and knowledge.
    • It also provides an opportunity for the Indian diaspora to contribute to the development of their home country.
    • By engaging with the Indian institutions and universities, the diaspora can bring in new ideas, technologies, and expertise that can help in the country’s development.

     

     

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  • UPSC 2024 Foundation March batch launched | IAS-IPS as Super Mentor – Three layers of mentorship | Get AIR 109, Areeba as your mentor | Starts on 5th March 2023 

    UPSC 2024 Foundation March batch launched | IAS-IPS as Super Mentor – Three layers of mentorship | Get AIR 109, Areeba as your mentor | Starts on 5th March 2023 

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    Aspirants due to lack of guidance get stuck in a vicious cycle of back-to-back failures. We at CivilsDaily understand the importance of mentorship and we had upgraded our mentorship program to include three layers in UPSC Foundation Super Mentorship Program

    This had been incorporated in the UPSC 2024 Foundation batch and we have continued it in March 2024 batch as well.

    👉Layer 1: You will be assigned a dedicated in-house mentor who will keep track of our progress from start till your final interview.

    👉Layer 2: Sajal Singh sir and the team will be constantly with you through various programs like Samachar Manthan, Prelims, Essay, etc.

    👉Layer 3: A UPSC IAS ranker (one who has cleared this exam) will be supervising your progress as your super mentor.

    New Batch starting from 5th March 2023:

    This is a limited-seat, invite-only program. Please fill up the form to register.

    AIR 109, UPSC 2021 Areeba will be Super Mentor for UPSC 2023-24

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    Get details for the IAS foundation March batch for UPSC 24
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    The next batch starts: On 5th March 2023

    Timetable for March batch

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  • Heatwaves in India: A Serious Concern

    Heatwave

    Central Idea

    • Heat waves have become a major concern for India this year. The scorching summer heat has started prematurely, as per the recent IMD reports. If the record temperatures of the recent past are any indication, the heat wave is likely to become more intense. Rising temperatures lead to several health problems, from dehydration and heat exhaustion to more severe conditions like heatstroke. They also affect the economy and the environment.

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    What is Heat wave?

    • A heatwave is a prolonged period of abnormally hot weather.
    • Heatwaves usually last for several days or weeks and can occur in both dry and humid climates. They are characterized by temperatures that are significantly higher than the average for a particular region during that time of year.
    • This is because climate change is causing a rise in global temperatures. As the planet heats up, it leads to more extreme weather events, such as heat waves. Its geography makes India particularly vulnerable to these events.

    Heatwaves in India

    • In India Heat waves typically occur from March to June, and in some rare cases, even extend till July.
    • On an average, five-six heat wave events occur every year over the northern parts of the country.
    • Single events can last weeks, occur consecutively, and can impact large population.
    • Its geography makes India particularly vulnerable to these events.

    Some of the hottest summers on record in recent years that India has experienced

    • In May 2016, Phalodi in Rajasthan registered 51 degrees Celsius, the highest temperature ever recorded in the country.
    • In 2021, India saw its hottest day on May 22, with the temperature touching 48 degrees Celsius in Barmer, also in Rajasthan.
    • In 2022, Jaipur experienced a severe heatwave. Rajasthan’s capital recorded 45 degrees Celsius in April a record for the city for the month.
    • Delhi, Agra, Pilani and Rohtak are among the well-known hot cities in India, where temperatures, of late, have gone up to 43 degrees Celsius in early summer

    Link: Climate change and Heat waves

    • Rising heat waves: Climate change is directly linked to the increase in the frequency, intensity, and duration of heatwaves around the world.
    • More severe and more frequent: As the Earth’s climate continues to warm, heatwaves are becoming more severe and occurring more frequently.
    • Global warming: This is because global warming is causing changes in the atmosphere, such as increased greenhouse gas concentrations, which trap heat and cause temperatures to rise.
    • For instance: Climate change is also causing heatwaves to last longer. A study published in the journal Environmental Research Letters found that heatwaves are lasting an average of 2.5 days longer than they did in the middle of the 20th century.

    Heatwave

    The Socio-economic impact of heat waves

    1. Impact on Health: Heat-related illnesses, such as heat exhaustion and heatstroke, are becoming more common, particularly among vulnerable groups such as the elderly, children, and outdoor workers.
    • In addition, heat waves can exacerbate existing health problems, such as respiratory and cardiovascular diseases.
    1. Impact on the environment
    • One of the biggest problems is the depletion of water resources:
    • Water sources are drying up as temperatures rise, leading to crises in many parts of the country.
    • As people try to keep cool, they use more air conditioning, increasing electricity use. This leads to an increase in the use of fossil fuels, which significantly contributes to air pollution.
    1. Impact on agriculture:
    • Impact on environment in turn, leads to agricultural problems, with crops failing and farmers struggling to make a living.
    • Given that around 40 per cent of India’s population is engaged in agriculture, this is a significant concern.
    • Reports are already coming from Punjab and Western Uttar Pradesh that the early heatwave has affected the growth of wheat crops and is expected to negatively affect the crop to the tune of 20 per cent.
    1. Impact on growth:
    • The healthcare costs associated with heat-related illnesses can be significant, particularly for vulnerable groups who may not have access to affordable healthcare.
    • In addition, heat waves can lead to a decrease in worker productivity, which can impact economic growth.

    Heatwave

    What can be done to deal with such problems?

    • Increase public awareness: People need to be educated about the impact of rising temperatures on their health, the environment, and the economy. This can be done through public campaigns, schools, and the media.
    • Increase the use of renewable energy: India has already made significant progress in this area. However, much remains to be done. The government could incentivise individuals and businesses to invest in renewable energy, such as solar panels. This would help reduce the impact of rising temperatures, create new jobs, and stimulate economic growth.
    • Improving water management: This could include introducing more efficient irrigation systems, better rainwater harvesting, and using recycled water for non-potable purposes. This would help to conserve water resources and reduce the impact of rising temperatures on agriculture.
    • Investing in infrastructure that can cope with extreme temperatures: This could include the construction of roads and buildings that are designed to withstand high temperatures, as well as the development of more efficient cooling systems that use less energy.

    Heatwave

    Conclusion

    • The rising heat wave in India is a serious concern that needs to be addressed urgently. The impacts of rising temperatures on human health, the environment, and the economy are significant. However, with the right strategies in place, it is possible to mitigate the impact of rising temperatures and ensure a sustainable future for the country.

    Mains Question

    Q. Climate change is exacerbating the problem of heat waves. In this backdrop discuss its socioeconomic impact and what measures can be done to tackle this problem?

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  • 2nd Mar 23 | Nikaalo Prelims- Mini Test -2 (Central Government) 

    2nd Mar 23 | Nikaalo Prelims- Mini Test -2 (Central Government) 

    [WpProQuiz 1256]

    [WpProQuiz_toplist 1256]

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  • SDGs: India’s Progress Analysis

    SDG

    Central Idea

    • A recent analysis published in The Lancet has concluded that India is not on-target to achieve 19 of the 33 Sustainable Development Goals (SDGs) indicators. The critical off-target indicators include access to basic services, wasting and overweight children, anaemia, child marriage, partner violence, tobacco use, and modern contraceptive use.

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    Analysis

    • On-Target: Districts that have not met the SDG target by 2021 and have observed a magnitude of improvement between 2016 and 2021 sufficient to meet the target by 2030.
    • Off-Target: Districts that have not met the SDG target by 2021 and either observed worsening between 2016 and 2021 or observed an insufficient magnitude of improvement between 2016 and 2021. If these districts continue with either of these trends, they will not meet their targets by 2030.
    • Progress in: Indicators shows the progress in reducing adolescent pregnancy, tobacco use in women, multidimensional poverty, teenage sexual violence, and improving electricity access.
    • Areas where more efforts are needed: More efforts are needed for reducing anaemia in women, improving access to basic services, providing health insurance for women, and reducing anaemia in pregnant women.

    Sustainable Development Goals (SDGs)

    • The SDGs, otherwise known as the Global Goals, are a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity.
    • The SDGs were adopted by the United Nations in 2015 with a vision to achieve a better and more sustainable future for all. The 17 SDGs came into force with effect from 1st January 2016 as a part of 2030 Agenda for Sustainable Development.
    • India is one of the signatory countries that has committed to achieving these goals by 2030.
    • Though not legally binding, the SDGs have become de facto international obligations and have the potential to reorient domestic spending priorities of the countries during the next fifteen years.
    • Countries are expected to take ownership and establish a national framework for achieving these goals.

    SDG

    Targets set for each of the SDGs

    • No Poverty: By 2030, eradicate extreme poverty for all people everywhere, currently measured as people living on less than $1.25 a day.
    • Zero Hunger: By 2030, end hunger and ensure access by all people, in particular the poor and people in vulnerable situations, including infants, to safe, nutritious and sufficient food all year round.
    • Quality Education: By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.
    • Gender Equality: End all forms of discrimination, violence, harmful practices against all women and girls everywhere. Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life.

    SDG

    India’s progress towards achieving SDGs so far

    • SDG 1 (No Poverty): India has made significant progress in reducing poverty, with the poverty rate declining from 21.9% in 2011-12 to 4.4% in 2020. The government’s efforts to provide financial inclusion and social protection schemes have contributed to this progress.
    • SDG 2 (Zero Hunger): India has made progress in reducing hunger, with the prevalence of undernourishment declining from 17.3% in 2004-06 to 14% in 2017-19. The government’s initiatives such as the National Food Security Act and the Pradhan Mantri Garib Kalyan Anna Yojana have contributed to this progress.
    • SDG 3 (Good Health and Well-being): India has made progress in improving maternal and child health, with maternal mortality ratio declining from 167 per 100,000 live births in 2011-13 to 113 in 2016-18. The government’s efforts to strengthen health systems and increase access to healthcare services have contributed to this progress.
    • SDG 4 (Quality Education): India has made progress in improving access to education, with the gross enrolment ratio for primary education increasing from 93.4% in 2014-15 to 94.3% in 2019-20. The government’s initiatives such as the Sarva Shiksha Abhiyan and the Right to Education Act have contributed to this progress.
    • SDG 5 (Gender Equality): India has made progress in improving gender equality, with the sex ratio at birth increasing from 918 in 2011 to 934 in 2020. The government’s initiatives such as the Beti Bachao Beti Padhao and the Maternity Benefit Programme have contributed to this progress.

    Recent findings by National Family Health Survey

    • Multidimensional poverty declined: At a compounded annual average rate of 4.8 per cent per year in 2005-2011 and more than double that pace at 10.3 per cent a year during 2011-2021.
    • Declining child mortality: There are some issues with the 2011 child-mortality data, but for each of the 10 components of the MPI index, the rate of decline in 2011-2021 is considerably faster than in 2005-2011.
    • Average decline in overall indicators: The average equally weighted decline for nine indicators was 1.9 per cent per annum in 2005-2011 and a rate of 16.6 per cent per annum, more than eight times higher in 2011-2021.
    • Consumption inequality decline: Every single household survey or analysis has shown that consumption inequality declined during 2011-2021. This is consistent with the above finding of highly inclusive growth during 2011-2021.

    Conclusion

    • The analysis provides a valuable tool for policymakers to address the gaps and focus on the indicators that require more attention, thereby improving the well-being of its citizens and creating a sustainable future for all.

    Mains question

    Q. What are Sustainable Development Goals (SDGs)? Discuss India’s progress made so far in achieving these targets

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  • Policy: Making India Earthquake Prepared

    Policy

    Central Idea

    • The destruction caused by earthquakes in Turkey should be alarming for India. Over the last three weeks, tremors have been felt in Himalayan states. Moreover, geologists have warned of a probable massive earthquake in the Himalayan state. In this context the Delhi High Court asked the state government to file a status report and action plan on the structural safety of buildings in Delhi. Nearly 58 per cent of the Indian landmass is vulnerable to earthquakes and the concerns that have been raised by the court need a policy response instead.

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    How do earthquakes happen?

    • According to the theory of plate tectonics, the Earth’s crust and upper mantle are made of large rigid plates that can move relative to one another.
    • Slip on faults near the plate boundaries can result in earthquakes.
    • The point inside the Earth where the earthquake rupture starts is called the focus or hypocentre.
    • The point directly above it on the surface of the Earth is the epicentre.

    What is missing in India’s policy on earthquake preparedness?

    • Current policy operates primarily at the scale of structural details: Guided by the National Building Codes, this includes specifying dimensions of the structural members columns, beams, etc. and details of the reinforcements that join these elements together.
    • While scientifically sound, this view on earthquake preparedness is myopic:
    1. It ignores the buildings that were constructed before such codes were published in 1962. Such buildings form a large part of our cities.
    2. It assumes infallibility in the processes of enforcement, relying only on penalisation and illegalities.
    3. It treats earthquakes as a problem of individual buildings, as if they exist and behave in complete isolation from their urban context.

    What needs to be done?

    • Preparedness at Building and City Scale through policy: Earthquake preparedness, therefore, needs to act at the scale of building details as well as that of cities. Moreover, we must think about it in the realm of policy and not just legal enforcement.
    • Need for Comprehensive Policy: At the scale of building details, we need to create a system of retrofitting existing structures and enforcing seismic codes with more efficiency. While there has been political talk and piecemeal efforts towards retrofitting, we still lack a comprehensive policy.

    A policy should include two measures

    1. Retrofitting Buildings to Seismic Codes:
    • To create a system of tax-based or development rights-based incentives for retrofitting one’s building up to seismic codes.
    • Such a system of incentives will enable the growth of an industry around retrofitting and will generate a body of well-trained professionals and competent organisations.
    1. Improving Seismic Code Enforcement:
    • By ensuring better enforcement of seismic codes through a similar model. A step forward in this direction was the National Retrofitting Programme launched in 2014.
    • Under the programme, the Reserve Bank of India directed banks to deny loans for any building activity that does not meet the standards of earthquake-resistant design.

    Case study: Japan

    • Japan has invested heavily in technological measures to mitigate the damage from the frequent earthquakes that it experiences.
    • Skyscrapers are built with counterweights and other high-tech provisions to minimise the impact of tremors.
    • Small houses are built on flexible foundations and public infrastructure is integrated with automated triggers that cut power, gas, and water lines during earthquakes.
    • All of this has been a result of cultivating an industry around earthquake mitigation and fostering expertise.

    Criteria for an urban-level policy to generate earthquake vulnerability maps

    1. The percentage of vulnerable structures in the area;
    2. The availability of evacuation routes and distances from the nearest open ground;
    3. Density of the urban fabric;
    4. Location of nearest relief services and the efficiency with which these services can reach affected sites.
    • For example: Flood zone mapping is a good example of such an exercise that has proven to be successful in terms of timely evacuation and efficient implementation.

    Conclusion

    • Governments and policymakers ought to know better than act in a piecemeal manner. Programmes like the ongoing Urban 20 meetings are an excellent opportunity for international knowledge exchange on earthquake preparedness. The Delhi High Court’s directions must act as a reminder for the inclusion of an earthquake preparedness policy in urban renewal programmes such as the Smart Cities Mission. A policy on earthquake preparedness requires a visionary, radical and transformative approach.
  • 2nd Mar 23 | Prelims Daily with Previous Year Questions

    2nd Mar 23 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1254]

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  • Nikaalo Prelims Spotlight || Central Government

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 1 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

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    2nd Mar 2023

    Executive

    Titbits

    1. President, VP both elected indirectly by proportional representation by means of single transferable vote and voting is by secret ballot
    2. Electoral college of president contains elected MPs and elected MLAs (including that of UTs of Delhi and Puducherry) while that of VP includes all MPs (nominated MPs and nominated MLAs not included in presidential electoral college where as nominated MPs are included in Vice presidential but none of the MLAs )
    3. MLCs not included in electoral college of either president or VP
    4. Value of votes of all elected MPs = Value of votes of all elected MLAs
    5. Min age 35 years for both president and VP (LS, MLA = 25, RS, MLC = 30, local bodies =21)
    6. Oath to preserve, protect and defend the constitution to president by CJI while by president to VP
    7. Impeachment for violation of constitution by ⅔ absolute majority
    8. Vacancy in presidential office, VP and in his absence CJI
    9. President acts in accordance with aid and advice of CoM except where situational discretion is necessary (govt losing no confidence motion, no clear majority)
    10. President appoints judges of supreme court as well as high court
    Issue President Governor
    Head Head of the country, head of govt is PM Head of a state, head of govt is CM
    Executive power All executive action in his name Same
    Oath Preserve, protect and defend the constitution Same
    Appointment Indirect election Nominated by president; representative of union in states
    Removal Impeachment President can remove him any time/ pleasure principle
    Grounds of removal Violation of constitution No grounds mentioned
    Advice of council of minister Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements)
    Ordinance Art 123, when either house is not in session, not for CAB Art 213, same
    Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same
    Money bill Can’t send for reconsideration (after all president himself recommends the bill) same
    Constitution amendment bill Has to give his assent (24th amendment) No role
    if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor
    If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role
    Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters

    Bills which must be reserved for President’s consideration

    1. bills derogating the powers of the High Court (art 200)
    2. imposition of taxes on water or electricity in certain cases (Article 288)
    3. during a Financial Emergency (art 360)

    Bills which may be reserved for President’s consideration and assent for specific purposes

    a). To secure immunity from operation of Articles 14 and 19. These are Bills for

    1. acquisition of estates, etc.  (Article 31A(I (b))
    2. giving effect to Directive Principles of State Policy (Article 31C)

    (b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2)

    (c) Legislation imposing restrictions on trade and commerce

     

    Titbits

      1. President (governor) appoints the leader of the majority party as PM (CM). Discretion in case of no clear majority.
      2. Ministers are appointed on the advice of PM or CM (no discretion)
    • CM of UTs is appointed by President not Lt. Governor
    1. Ministers hold office during pleasure of president (governor) and are collectively responsible to house of people
    2. Total strength of CoM including PM (CM) not to exceed 15% of membership of LS (91st CAA)
    3. Ministers can be appointed w/o being part of LS or RS but have to get elected w/i 6 months
    4. Ministers/ Attorney general who are not member of a house/ committee can attend the meetings but can’t vote
    5. The cabinet is a subset of CoM and includes only ministers of cabinet rank (article 352)

    Governor of state  v/s LG of Delhi

      Governor/ state LG/ Delhi
    Appointment of CM/ ministers By governor By president
    Ministers hold office till pleasure of Governor President
    Discretion Very limited Can refer any matter to president if not satisfied
    Who can make Laws on state list Only state legislature ordinarily Parliament as well as state legislature

    Civil services

    While ministers are political executives, civil servants are permanent executives as they don’t have to seek the mandate of people every five years.

    All India Services: Common to both centre and states

    1. Recruitment by the centre, serve under states
    2. 3 all India services – IAS, IPS and Indian forest services <created in 1968>
    3. Parliament can create a new IAS if RS passes a resolution by ⅔ majority
    4. Central govt makes service rules in consultation with state govt
    5. Work under the pleasure of the president with safeguards

    Legislature

    Parliament –

    Loksabha (house of people) + RajyaSabha (Council of states) + President

      LokSabha RajyaSabha
    Other names Lower house, house of people Upper house, council of states
    Total strength (state+UT+nominated) 530+13+2
    (Nomination
    Discontinued)    		 229 elected from states + 4 from UTs + 12 Nominated by president
    Maximum strength (state+UT+nominated) 530+20+2
    (Nomination
    Discontinued)    		 238 +12
    Mode of election Direct election – First past the post Indirect by MLAs – proportional representation by single transferable vote
    Life cycle 5 yr or until dissolved Continuing chamber (6 year of MP)
    Min age to contest polls 25 30
    Presiding officer Speaker Vice President (Ex officio
    Who can be nominated Anglo Indians
    Special knowledge in Literature, art, science,social service  
      LS RS
    Money Bill, certification and voting on it Introduced here, speaker certifies can vote and amend Can’t be introduced, can’t vote, can only send recommendation within 14 days
    Estimate committee members All 30 from LS No role
    Joint sitting presided by Speaker > deputy speaker Not by VP
    National emergency discontinuation Resolution by LS No role
    No confidence motion, censure motion adjournment motion Only in LS  
      RS LS
    Parliamentary law on state list Authorizes (Art 249)  
    Creation of new AIS Authorizes (Art 312)  
    Introduction of motion to remove VP Introduced here and passed by effective majority LS – simple majority required

    Presiding officers

    Speaker of previous LS vacates post before first meeting of new LS

    President appoint speaker Pro Tem – usually senior most member

    Presides over first meeting, oath to members, election of speaker

    Speaker is elected and pro tem cease to exist

    Speaker fixes the date for election of deputy speaker

    Nominates panel of =<10 chairpersons to preside in his/ deputy’s absence

     

    Election and removal (Speaker, deputy and vice CP) and salary

    Election -By the members of particular house by simple majority

    Removal – 14 days notice and effective majority of house

    Charged on CFI and thus non votable

    Titbits:

    1. President is part of parliament but not the presiding officer of any house
    2. VP is not the part of parliament yet presiding officer and ex officio chairperson of RS
    3. President can not chair joint sitting even in the absence of speaker and deputy speaker. Deputy CP chairs the sitting in such eventuality
    4. Being elector of same state is not a requirement to contest election of RS or LS (elector in any constituency in India)
    5. Bills introduced by ministers are public bills, those by other members (including members of ruling party) are private bills

    Unique provisions

    1. Question hour and not Zero hour is first hour of parliamentary proceeding.
    2. Indian innovation – Zero hour and Calling attention motion
    3. Not mentioned in rule of procedure – Zero hour (calling attention motion is in rules)
    4. Censure motion should state the reasons and can be initiated against individual minister as well; no such requirement for no confidence motion, only against CoM
    5. Adjournment motion is extraordinary device to draw attention to urgent matter of public importance
      Ordinary Bill Money bill CAB
    Government approval No Required (introduced by minister only) No
    Introduction Either house Only LS Either house
    Passage Simple majority Simple Special
    Amendments Simple majority RS only recommends changes within 14 days Special majority
    Deadlock President can call Joint session after 6 month LS doesn’t have to accept recommendations, bill is passed as such No joint sitting
    Returning by President Can return once for reconsideration or withhold assent Can’t return, either assent or reject Shall assent

    Titbits:

    1. Only 3 joint sittings so far – dowry bill, banking services bill and POTA bill
    2. Only 14 private member bills have been passed so far, last bill (supreme court enlargement of jurisdiction bill )was in 1968
    3. Right of transgender persons bill was passed by RS (1st private member bill to get the nod of upper house in 45 years)

    Budget (Annual Financial Statement, Article 112)

    1. Presentation of budget by FM
    2. General discussion – discuss as a whole
    3. Scrutiny by departmental committees – for 3 to 4 weeks
    4. Voting on demand for grants – voting only in LS and only on non charged expenditure (cut motions at this stage). On last day all remaining demands are put together and put to vote – guillotine
    5. Passing of appropriation bill – voted demands plus charged expenditure, no amendments can be moved here
    6. Passing of finance bill – financial proposals (taxes), amendments to reduce taxes can be moved
    Fund Consolidated fund Contingency Public accounts
    What comes All receipts and payments Money comes from CFI to meet unforeseen expenditure All public money except CFI (provident fund, remittances etc)
    Parliamentary approval Yes No. finance secretary on behalf of president Not required, executive operates

    Titbits:

    1. Charged expenditure can be discussed but not voted
    2. Salary and allowance of SC judges, UPSC members, CAG, President, VP, Speaker, deputy, vice CP etc are charged on CFI
    3. Salaries and Expenditure of election commission is not charged on CFI
    4. Salary of high court judges is charged on CF of states while their pension in charged on CFI

    State legislative assembly (Vidhansabha)

    Vidhan Sabha is equivalent to LS and Vidhan Parishad to RS

    Differences are mentioned below

    Vidhan Parishad (legislative council): 7 states, Andhra, Bihar, J&K, K’taka, Maharashtra, Telangana, UP

    Creation and Abolition of Vidhan Parishad: Vidhan Sabha passes resolution by special majority and Parliament agrees to that resolution by simple majority

    Titbits:

    1. Bill passed by Vidhan Sabha – Vidhan Parishad can amend w/i 3 months – Vidhan Sabha accepts or rejects amendments – Vidhan Parishad can hold the bill for 1 more month
    2. Bill passed by Vidhan Parishad – Vidhan Sabha rejects – bill is killed
    3. No provision for joint sitting in states
    4. Maximum strength of Vidhan Parishad ⅓ of Vidhan Sabha, min 40
    5. ⅚ indirectly elected, ⅙ nominated

    Governor can reserve all the bills for presidential assent

    Once he reserves the bill, his role is over and president can assent, hold back, reject or send the bill for reconsideration

    Situations where Parliament can pass bill on state subject

    Condition Duration
    National emergency 6 months after expiry of emergency
    President’s rule Indefinitely but legislature can repeal or modify
    International treaty/ agreement Indefinitely
    RS passes a resolution by ⅔ majority 1 year of resolution plus 6 months <resolution can be passed again>
    2 or more states pass the resolution <applicable only ti those states> Indefinitely

    Types of majority

    Eg. Total seats – 545

    Vacancies due to death and resignation – 10

    Absence – 20

    Total vote cast – 500 ( 15 present did not cast vote)

    Type Simple Effective Absolute ⅔ majority Special Absolute ⅔
    Definition 50% present and voting +1 50% of (total – vacancies) +1 50% of total + 1 ⅔ present and voting +1 Absolute and ⅔ simultaneously ⅔ of total +1
    Example (500/2) +1 (545-10)/2 +1 (545/2) +1 (⅔*500) +1   (⅔*545)
    Used Ordinary bill, money bill Removal of speaker, deputy speaker in LS, VP and vice Cp in RS No where Art 249, 312, 169 Art 368, removal of judges of supreme court, high court, CAG Impeachment of president

    Parliamentary committees

    Committee Estimates committee Public accounts committee Departmentally related standing committees (24)
    Membership 30 (LS) 22 (15+7) 21+10
    Appointment Elected every year by proportional representation Elected every year by proportional representation Nominated by Speaker and CP
    Chairperson Ruling party member Opposition member from 1967  
    Role Examine estimates included in budget and suggest economies in expenditure Examines audit report of CAG Demand for grants and bills

     

    Other Standing Committees in each House, divided in terms of their functions, are:

    • Committees to Inquire:
      • Committee on Petitions examines petitions on bills and on matters of general public interest and also entertains representations on matters concerning subjects in the Union List; and
      • Committee of Privileges examines any question of privilege referred to it by the House or Speaker/Chairman;
    • Committees to Scrutinise:
      • Committee on Government Assurances keeps track of all the assurances, promises, undertakings, etc., given by Ministers in the House and pursues them till they are implemented;
      • Committee on Subordinate Legislation scrutinises and reports to the House whether the power to make regulations, rules, sub-rules, bye-laws, etc., conferred by the Constitution or Statutes is being properly exercised by the delegated authorities; and
      • Committee on Papers Laid on the Table examines all papers laid on the table of the House by Ministers, other than statutory notifications and orders which come within the purview of the Committee on Subordinate Legislation, to see whether there has been compliance with the provisions of the Constitution, Act, rule or regulation under which the paper has been laid;
    • Committees relating to the day-today business of the House:
      • Business Advisory Committee recommends allocation of time for items of Government and other business to be brought before the Houses;
      • Committee on Private Members’ Bills and Resolutions of the Lok Sabha classifies and allocates time to Bills introduced by private members, recommends allocation of time for discussion on private members’ resolutions and examines Constitution amendment bills before their introduction by private members in the Lok Sabha. The Rajya Sabha does not have such a committee. It is the Business Advisory Committee of that House which recommends allocation of time for discussion on stage or stages of private members’ bills and resolutions;
      • Rules Committee considers matters of procedure and conduct of business in the House and recommends amendments or additions to the Rules; and
      • Committee on Absence of Members from the Sittings of the House of the Lok Sabha considers all applications from members for leave or absence from sittings of the House. There is no such Committee in the Rajya Sabha. Applications from members for leave or absence are considered by the House itself;
    • Committee on the Welfare of Scheduled Castes and Scheduled Tribes, on which members from both Houses serve, considers all matters relating to the welfare of Scheduled Castes and Scheduled Tribes which come within the purview of the Union Government and keeps a watch whether constitutional safeguards in respect of these classes are properly implemented;
    • Committees concerned with the provision of facilities to members:
      • General Purposes Committee considers and advises Speaker/Chairman on matters concerning affairs of the House, which do not appropriately fall within the purview of any other Parliamentary Committee; and
      • House Committee deals with residential accommodation and other amenities for members;
    • Joint Committee on Salaries and Allowances of Members of Parliament, constituted under the Salary, Allowances and Pension of Members of Parliament Act, 1954, apart from framing rules for regulating payment of salary, allowances and pension to Members of Parliament, also frames rules in respect of amenities like medical, housing, telephone, postal, constituency and secretarial facility;
    • Joint Committee on Offices of Profit examines the composition and character of committees and other bodies appointed by the Central and State governments and Union Territories Administrations and recommends what offices ought to or ought not to disqualify a person from being chosen as a member of either House of Parliament;
    • The Library Committee consisting of members from both Houses, considers matters concerning the Library of Parliament;
    • On 29 April 1997, a Committee on Empowerment of Women with members from both the Houses was constituted with a view to securing, among other things, status, dignity and equality for women in all fields;
    • On 4 March 1997, the Ethics Committee of the Rajya Sabha was constituted. The Ethics Committee of the Lok Sabha was constituted on 16 May 2000.

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    Judiciary

    Appointments:

    1. Parliament decide the number of judges of supreme court while president decide the numbers in high courts
    2. Both supreme court and high court judges are appointed as well as removed by president
    3. Salaries of high court judges is charged on CFS while pension is charged on CFI
    4. Appointment by collegium system (CJI plus 4 senior most supreme court judges) after 3rd judges case
    5. District judges are appointed by governor in consultation with high courts
    6. Both SC and HC judges need 10 year practice in high court but SC judge need 5 year judgeship in high court while HC judge needs 10 years of judgeship
    7. A distinguished jurist can be appointed as judges of supreme court but not high court
    8. Removal by special majority of parliament on grounds of proved misbehavior or incapacity
    9. SC judges can’t practice w/i india post retirement: high court judges can in supreme court or other high courts <but there is no bar on further appointments such as chairperson or members of NHRC etc>
    10. Constitution provided for 1 high court for each state but 7th amendment allowed parliament to establish common high courts

    Jurisdictions of courts

    Exclusive (original by default) Original <concurrent with high courts> Appellate Advisory
    Petition only in supreme court (directly by default) Directly in supreme court Appeals from high court President refers(art 143)
    Federal disputes, inter state matters, disputes regarding election of president, VP Writ under art 32 Appeals, SLP Not necessary to tender opinion except on pre constitutional matters

    Types of Writs

    Writ Habeas Corpus Mandamus Prohibition Certiorari Quo Warranto
    Meaning -To produce the body

     

    -Against arbitrary detention

    		 -We command

     

    -to perform Official duty

    		 -To forbid

     

    – from exceeding jurisdiction

    		 – to be certified

     

    -transfer a case or quash an order

    		 -by what authority

     

    -legality of claim to public office
    Issued against public as well as private authority Public official, court, tribunal Judicial, quasi Judicial Judicial, quasi Judicial and administrative authorities Substantive public office created by constitution or statute
    Can’t be issues against Lawful detention private Private, administrative, legislative Private, legislative Ministerial, private
    Who can file Aggrieved person Aggrieved person Aggrieved person Aggrieved person Any person

    Writ jurisdiction of Supreme court v/s High Court

    Court Supreme court High Court
    Article 32 226
    Scope Only for FRs FRs plus legal rights

    Powers of High Court and Supreme Court

    There are different types of jurisdictions and powers of the Supreme Court. Some of them are listed below :

    1. Original Jurisdiction

    Being a Federal court, the Supreme Court decides disputes between –

    • Two or more states
    • Centre and the state/states
    • Centre and states on one side and the other states on the other side

    In any of the above-mentioned disputes, the supreme court has the exclusive original jurisdiction.

    However, this jurisdiction does not apply to the following cases-

    • A dispute that arose out of any pre-Constitution treaty, agreement, covenant, engagement, and or any other similar instruments.
    • Any Inter-state water disputes.
    • Matters that are referred to the Finance Commission.
    • Recovery of the damages by a state against the Centre.
    • An ordinary dispute that is commercial between the Centre and the states.
    • A dispute that arose out of any treaty, agreement, etc., which specifically provides that the said jurisdiction does not extend to such a dispute.
    • An adjustment of certain expenses and pensions between the Centre and the states.

    2. Writ Jurisdiction

    The Supreme Court is granted the power to issue writs, like habeas corpus, mandamus, prohibition, quo-warranto, and certiorari for the enforcement of the fundamental rights of an aggrieved citizen.

    However, this jurisdiction of the Supreme Court is not exclusive as the High Courts are also granted the power to issue writs for the enforcement of the Fundamental Rights.

     

    3. Appellate Jurisdiction

    Several appeals can be made in the Supreme Court of India. These appeals can be broadly classified into four categories, that are, Constitutional Matters, Civil Matters, Criminal Matters, and Special Leaves.

    4. Advisory Jurisdiction

    Under Article 143, the President of India has the right to seek the advice of the Supreme court when any question of law or fact of public importance which has arisen or is likely to arise or if any dispute is arising out of any pre-constitution treaty, agreement, covenant, engagement, or other similar instruments.

    5. Court of record

    Herein, the Supreme Court of India has two powers, that are –

    • It is given the authority to punish for the contempt of court, either with simple imprisonment for a term up to six months or with fine up to 2,000 or both.
    • The judgments, proceedings, and acts of the Supreme Court are recorded for perpetual memory and testimony and they are recognized as legal precedents and legal references.

    Some of the Powers that are granted to the High Court are the following –

    1. Original Jurisdiction

    The high courts are empowered to issue writs to enforce fundamental rights, as and when needed. Adding to this, they have original jurisdiction in cases that are related to will, divorce, contempt of court, and admiralty. Furthermore, election petitions can also be heard in the High Court.

    2. Appellate Jurisdiction

    An appeal can be made to the High Court against a district court’s decision, in the civil cases. If the dispute involves a value that is higher than Rs. 5000/- or on a question of fact or law, then an appeal can be made from the subordinate court, directly.

    A person can move to the High Court if he has been awarded imprisonment of seven years and above under a criminal case. Appeals on constitutional matters can also be taken up in the High Court.

    3. Administrative Powers

    The high court is the controller of all the subordinate courts. It also has the right to ask for the details of the proceedings from the subordinate courts. The rules regarding the working of the subordinate courts are also issued by the High court.

    The High Court can also appoint its administration staff and determine their salaries and allowances, and conditions of service.

     

     

     

     

    4. Power of Judicial Review

    High Courts hold the power of judicial review. They have the right to declare any law or ordinance as unconstitutional if it is found to be against the Constitution of India.

    5. Power of Cancellation

    A High Court alone can choose to certify the cases that it feels are fit for an appeal before the Supreme Court of India.

    Qualification and Appointment

    The Qualification that is needed to be a Judge in the Supreme Court of India are that he/she –

    1. Should be a citizen of the country.
    2. Should have been the judge of one of the high courts of the country for at least 5 years.
    3. The president of the country shall consider him to be a distinguished jurist.
    4. Should have been an advocate in any one of the high courts of the country for a period of 10 years.

    It shall be noted that no minimum age of a Judge of the Supreme Court has been mentioned in the Indian Constitution.

    The Qualification that is needed to be a judge in the Judge in the high court of the country is that he/she should –

    1. Have held a judicial office in the Indian territory for 10 years, OR
    2. Have been an advocate of the high court(s) for a minimum period of ten years.

    Removal procedure

    1. A Supreme Court or a High Court Judge shall be removed from his post concerning an order passed by the President of the Country. However, this order of removal can only be issued after the Parliament presented and addressed him on the same matter.
    2. The address in the parliament shall need a majority of two-thirds of the members that are present and voting in the house.
    3. The two grounds on which a Supreme Court or a High Court judge shall be removed are proved misbehavior or incapacity.
    4. The procedure relating to the removal of a judge of the Supreme Court or the High Court is regulated by The Judges Enquiry Act (1968).
    5. It must also be noted that to date, no judge of the Supreme Court of India has been impeached by the Parliament and the President.

    Constitutional Provisions

    Articles 13, 32, 131-136, 143, 145, 226, 246, 251, 254, and 372 are the constitutional provisions that guarantee judicial review of legislation.

    1. Article 13 considers any law void which contravenes any of the provisions of the part of Fundamental Rights.
    2. Article 372 talks about the judicial review of the pre-constitution legislation.
    3. Both Articles 32 and 226 entrusts the roles of the protector of the constitution and guarantor of fundamental rights to the Supreme and the High Courts.
    4. Article 246 (3) makes sure that of the state legislature’s exclusive powers on matters that are about the State list.
    5. Article 245 of the Indian Constitution says that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
    6. All Articles from 131 to 136 entrusts the Indian court with the power to adjudicate the disputes between the individuals, between the individuals and the state, between the states and the union. However, the court may be required to interpret the provisions of the constitution and the interpretation that is given by the Supreme Court becomes the law that shall be honored by all courts of the land.
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  • [Sansad TV] Perspective: Rules of Parliamentary Conduct

    [Sansad TV] Perspective: Rules of Parliamentary Conduct

    Context

    • Chairman Jagdeep Dhankhar has asked the committee of Privileges to investigate an alleged breach of privilege by some MPs under rule 203 of the Rules of Procedure and Conduct of Business.
    • The MPs are accused of shouting slogans and obstructing proceedings in the Upper House Rajya Sabha.
    • The committee will also investigate alleged breach of privilege arising from non-adherence to the Chair’s directions.

    In this article, we will discuss and understand various aspects of the rules of procedure and conduct in Parliament.

    Rules of Conduct

    • The Committee on Ethics of Rajya Sabha drafted the Code of Conduct for MPs, which was adopted by the House in 2005.
    • These rules are prescribed by the House for its members and adopted by the House.
    • These are self-governing rules of conduct.
    • The rule book also provides the Chairman/Speaker of the House with certain powers to ensure that there is an orderly conduct of business proceedings.

    Quick backgrounder

    • Codes of conduct for high constitutional functionaries and representatives of the people have been discussed for long.
    • A code for Union ministers was adopted in 1964, and state governments were advised to adopt it as well.

    Provisions for such rules

    • Article 118: The Indian Constitution empowers each House of Parliament to make rules governing its procedure and conduct of Business, Article 118 (1).
    • Article 105: It deals with “powers, privileges, immunity etc. of the Houses of Parliament and of the members and committees thereof. There is freedom of speech for the members of the parliament and they are exempted from any legal action for any statement made or act done in the course of their duties.
    • Handbook: There is a handbook for members of the parliament which has a number of rules regarding etiquette, conventions and conduct of members. There are dozens of such rules which are strict and meant to govern the dignified conduct of the members in the House.

    Key issue: Disruptions in Indian Parliament

    There have been continuous disruptions of parliament by members.

    • Some members are habitual of disrupting the functioning and jumping in the well for political gains and rivalry.
    • Disruptions, sloganeering and moving in the well decreases the productivity of the House.
    • Frequent disruptions lead to adjournment of the House.

    Why are disruptions so frequent?

    There are various reasons for disruptions in the Indian Parliament, including:

    • Political differences: Opposition parties often use disruptions as a tactic to voice their opposition to government policies or to press their demands. Similarly, ruling party MPs may also disrupt proceedings to counter opposition criticism.
    • Controversial issues: Discussions on certain issues, such as religion, caste, and regionalism, can lead to heated debates and disruptions in Parliament.
    • Personal or party agendas: MPs may resort to disruptions to further their personal or party agendas or to gain media attention.
    • Lack of decorum: Sometimes, MPs may engage in unruly behavior, including shouting, throwing papers, and obstructing the Chair, leading to disruptions in the House.
    • Parliamentary procedures: Disputes over parliamentary procedures and rules can also lead to disruptions and adjournments.

    Significance of Parliamentary discussions

    • Policymaking: Parliament is responsible for enacting laws and policies that affect the lives of citizens. Through discussions and debates, MPs can shape these policies to better meet the needs of their constituents.
    • Checks and balances: Parliament plays a crucial role in overseeing the functioning of the executive branch of government. Through discussions, MPs can hold the government accountable for its actions and decisions.
    • Representation of the larger population: Parliament provides a platform for MPs to represent the views and concerns of their constituents. By raising issues and concerns, MPs can ensure that the government addresses the needs of the people they represent.
    • Education of citizens: Parliamentary discussions can educate citizens on important issues, policies, and legislative processes. This can help citizens make informed decisions and participate in the democratic process.
    • Constructive criticism: Discussions and debates in Parliament can help resolve conflicts and differences of opinion among MPs. This can lead to better decision-making and policy outcomes.

    Reasons for such behaviour

    • Reduced number of sittings of legislatures
    • Poor quality of debates
    • Avoidance of accountability by the ruling govt.
    • Increasing number of legislatures with criminal records
    • High absenteeism of legislators
    • Inadequate representation of women
    • Lack of inner democracy in the functioning of the political parties

    Watchdog of Parliamentary dignity: Privileges Committee

    • It is a parliamentary committee present in both Houses of the parliament.
    • Its functions are semi-judicial in nature.
    • Its function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House.
    • Under rule 203, Chairman can refer any question of privilege to the Committee.

    Way forward

    Former Vice President M Venkaiah Naidu introduced a 15-point reform charter for parliamentary reforms to enable effective functioning of parliamentary institutions. The charter includes-

    • Political Conscience: Call for a new political consciousness amongst legislators to review their roles and responsibilities.
    • Ensuring Quorum: Political parties must ensure attendance of at least 50% of their legislators throughout the proceedings of the Houses by adopting a roster system.
    • Liberalizing whip system: Review of Whip system which hinders the freedom of expression of the legislators. This will allow a reasonable degree of dissent without impacting the stability of the government.
    • Effective functioning of Department Related Standing Committees: Measures for effective functioning of these Committees like longer tenure (instead of the present one year), promoting specialization, etc were needed.
    • Legislative Impact Assessment: A detailed framework for pre and post Legislative Impact Assessment was needed. Every legislative proposal must incorporate a detailed account of social, economic, environmental and administrative impact for wider awareness and subsequent legal assessment.
    • Responsible government and opposition: Need for responsive governments positively acting on the concerns of the opposition and the need for responsible and constructive opposition while resorting to available parliamentary instruments.
    • More women legislators: Enacting for reservation of women in legislatures. It helps maintain decency and modesty of the House of parliament.
    • Rules and Regulations: Making rules that automatically take action against erring members in case of interruptions and disruptions. Need for timely and effective action against legislators for non-ethical conduct.
    • Transparency & Accountability: Regular publication of reports by the Secretariats of Legislatures on the attendance of Members and their participation in debates.
    • Decriminalization of Politics: Addressing the concern of a rising number of legislators with criminal records.
    • Increased number of sittings: A minimum number of sittings for both the Houses of Parliament and State Legislatures per year need to be appropriately prescribed.

    Conclusion

    • There must be strict adherence to the code of conduct for MPs so that disruptions of the proceedings don’t happen.
    • It is important to spend more time on deliberations and discussion rather than on disruptions to increase the productivity of the House.
    • Government and opposition must come to an understanding and move forward for the betterment of the nation. The government must be responsive and for that the opposition has to be responsible.
    • Certain reforms are needed to increase efficiency of the House and ensure that the members attend the house to contribute to the discussions instead of hijacking the functioning of the House with repeated disruptions.

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