The recent report by the Law Commission on the law of adverse possession provides an overview of adverse possession, its historical origins, and its current provisions under the Limitation Act of 1963.
Adverse Possession
DEFINITION
It refers to the hostile possession of property, which must be continuous, uninterrupted, and peaceful.
Historical Background
Historical roots dating back to the Hammurabi Code and developed through statutes of limitation in England.
The first attempt to introduce the law of limitation in India was through the “Act XIV of 1859,” regulating civil suits.
Provisions of the Limitation Act, 1963
The burden of proof for adverse possession shifted to the claimant, who must show continuous possession for a specified period.
SC Recommendations for Changes in the Law
Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Others (2008) case: The SC criticized the law of adverse possession as irrational and placing a premium on dishonesty.
The SC recommended a fresh look at the law and urged the government to make suitable changes.
Recent Law Commission Report
There is no justification for changing the law on adverse possession.
Two ex officio members of the Commission filed a dissent note, arguing that the law promotes false claims and should be struck off.
Dissenting Opinions and Criticisms
It questioned the contradictory requirement of peaceful and hostile possession in adverse possession cases.
It argued that the law burdens the courts with unnecessary litigation and promotes false claims.
India offers a duty-free quota-free (DFQF) scheme to least developed countries (LDCs) under the World Trade Organisation (WTO).
A report by the LDC Group reveals that about 85% of the products offered by India remain unutilised under the DFQF scheme.
World Trade Organisation (WTO)
Establishment
The WTO was established on January 1, 1995, following the Uruguay Round of Negotiations conducted from 1986 to 1994.
Nature
The WTO is the only global international organization dedicated to regulating trade rules between nations.
Successor to GATT
It is the successor to the General Agreement on Tariffs and Trade (GATT), which was in place from 1948 to 1994.
Objectives
To facilitate the smooth, predictable, and unrestricted flow of international trade.
Working Principles
Based on the principles of MFN and national treatment, ensuring equal and non-discriminatory treatment.
Member-Driven Organization
Governed by its member governments, and decisions are made through consensus among these members.
Special and Differential Treatment for Developing Countries
The WTO provides specific flexibilities and rights to least developed countries (LDCs) and developing nations.
DFQF Scheme
The DFQF access for LDCs was initially decided at the WTO Hong Kong Ministerial Meeting in 2005.
India became the first developing country to extend this facility to LDCs in 2008, providing preferential market access on 85% of its total tariff lines.
The scheme was expanded in 2014, offering preferential market access on about 98.2% of India’s tariff lines to LDCs.
Issues highlighted by WTO
(1) Tariff Line Utilisation Data
WTO data from 2020 indicates that 85% of the tariff lines offered by India under the DFQF scheme show zero utilisation rate.
China’s utilisation rate for similar tariff lines is 64%, with only 8% of the lines showing a utilisation rate above 95%.
Utilisation rates for beneficiary LDCs vary significantly, with Guinea and Bangladesh having low rates (8% and 0% respectively), while Benin reports the highest utilisation rate of 98%.
(2) Non-Preferential Tariff Route
Similar to China, significant amounts of LDC exports enter India under the non-preferential (most favoured nation) tariff route, despite being covered by the Indian preference scheme.
The report highlights the importance of preference margins, indicating potential duty savings.
For example, fixed vegetable oil exported from Bangladesh to India has a preference margin of 77.5 percentage points, implying a potential $74 million duty savings if the preference scheme were utilized.
Challenges and Barriers
The report suggests that the low utilisation of the preference scheme by LDCs is not due to exporter awareness but rather existing barriers that hinder the effective use of preferences.
The specific barriers preventing LDCs from fully utilizing the scheme are not mentioned in the article.
Collaboration between the European Space Agency (ESA), Global Organic Textile Standard (GOTS), and Marple (an AI company) aims to track cotton certification in India.
Utilizing satellite images and artificial intelligence, the project focuses on identifying and classifying cotton fields in India.
What is GOTS?
The Global Organic Textile Standard (GOTS) is a globally recognized standard for the processing and manufacturing of organic textiles.
It is a leading certification for organic fibers, including cotton, throughout the entire supply chain, from harvesting of raw materials to labeling of the final product.
GOTS ensures that organic textiles meet strict environmental and social criteria, providing credible assurance to consumers.
Key aspects of GOTS include:
Organic Fiber Criteria: GOTS requires that at least 95% of the fibers in a textile product must be certified organic. It prohibits the use of genetically modified organisms (GMOs) and restricts the use of certain synthetic chemicals.
Environmental Criteria: GOTS sets strict environmental criteria for processing and manufacturing organic textiles. It includes guidelines for wastewater treatment, chemical inputs, and energy usage, promoting sustainability and minimizing the environmental impact.
Social Criteria: GOTS also encompasses social criteria, ensuring fair and safe working conditions for employees throughout the supply chain. It includes provisions for workers’ rights, prohibition of forced labor, and compliance with International Labor Organization (ILO) standards.
Supply Chain Traceability: GOTS requires full traceability of the supply chain, from the source of the organic fibres to the final product. This ensures transparency and integrity throughout the production process.
Labelling and Certification: GOTS-certified products are labelled accordingly, allowing consumers to identify and choose organic textiles with confidence. Certification is carried out by independent third-party organizations that assess compliance with GOTS standards.
What is the new program about?
ESA’s programme will train AI models to analyze ESA satellite data and identify cotton fields in India.
The project will help GOTS generate accurate estimates of organic cotton yields and incorporate standardized yield metrics.
The initiative aims to identify cotton fields meeting predetermined standards and support a seamless transition to organic cultivation.
Traditional and ecologically friendly farming practices will be encouraged.
The recent inauguration of a new Parliament building in India was accompanied by both grandeur and controversy. While the exclusion of the President and the symbolic gestures surrounding the Sengol stirred significant debate, there is a deeper issue that remains overlooked the growing subordination of Parliament in India’s parliamentary democracy and the emergence of Executive democracy.
What is mean by Parliamentary Democracy?
Parliamentary democracy is a form of government in which the executive branch, headed by a Prime Minister or equivalent position, derives its legitimacy and authority from the legislative branch, known as Parliament. In this system, the executive is accountable to Parliament and relies on its support to govern effectively.
What is mean by Executive Democracy?
Executive democracy refers to a form of governance where the executive branch of government holds a dominant or disproportionate amount of power and influence compared to other branches, such as the legislature or judiciary. In an executive democracy, the executive branch, usually headed by a President or Prime Minister, exercises significant control over policy-making and decision-making processes
Executive Democracy vs. Parliamentary Democracy
Aspect
Executive Democracy
Parliamentary Democracy
Concentration of Power
Executive branch holds dominant power and control
Power is shared between executive and legislature
Decision-making
Decisions made primarily by the executive
Decisions made through deliberation in Parliament
Checks and Balances
Limited checks on executive power
Robust system of checks and balances
Accountability
Limited avenues for holding executive accountable
Strong mechanisms to ensure executive accountability
Legislative Influence
Legislature may have limited influence
Legislature plays a significant role in shaping policies
Separation of Powers
Potential for blurred separation of powers
Clear separation of powers between branches
Opposition Role
Opposition may have limited influence
Opposition has an important role in holding the government accountable
Civic Engagement
Limited avenues for civic engagement
Opportunities for civic engagement and participation
Pluralism and Representation
Potential for limited representation of diverse interests
Emphasis on diverse representation and pluralism
Policy Stability
Potentially streamlined decision-making
Decision-making through debate and deliberation
Potential for Authoritarianism
Increased risk of authoritarian tendencies
Strong democratic safeguards against authoritarianism
How the safeguards against executive dominance are being diluted?
Intra-Party Dissent: The anti-defection law, introduced through the Tenth Schedule to the Constitution in 1985, suppresses intra-party dissent by disqualifying members who defy the party whip. Despite its intention to curb horse-trading and unprincipled floor-crossing, this law has reinforced the power of party leadership, particularly the executive, while making intra-party dissent more difficult due to the risk of disqualification from Parliament.
Limited Space for Opposition: Unlike other parliamentary democracies, the Indian Constitution does not allocate specific space for the political opposition in the House. As a result, parliamentary proceedings are largely under the control of the executive, leaving no constitutional checks on how that control is exercised. This hampers the opposition’s ability to hold the executive accountable.
Partisan Speakers: The Speaker, who should be an impartial authority representing the interests of Parliament, often acts in a partisan manner.
Undermining the Role of the Upper House: The Upper House’s role is further undermined by the misclassification of bills and the constitutional power to issue ordinances. Ordinances, meant for emergency situations when Parliament is not in session, are increasingly used as a parallel process of law-making, bypassing the scrutiny of the Upper House and creating a fait accompli.
The implications of executive dominance
Weakened Checks and Balances: Executive dominance can undermine the system of checks and balances that is vital for democratic governance. When the executive branch holds excessive power, the ability of other institutions, such as the legislature and judiciary, to effectively monitor and limit executive actions can be compromised.
Reduced Accountability: The concentration of power in the executive can diminish accountability mechanisms. Transparency and oversight mechanisms may suffer, limiting public scrutiny and the ability to hold the government accountable for its decisions, actions, and policies.
Limited Legislative Influence: Executive dominance may curtail the influence and effectiveness of the legislature. The executive may have significant control over the legislative agenda, which can limit the ability of lawmakers to shape policies, propose amendments, and exercise meaningful oversight.
Diminished Role of Opposition: Executive dominance can marginalize the role and impact of the political opposition. With limited avenues to influence decision-making, the opposition’s ability to present alternative viewpoints, challenge government actions, and hold the executive accountable may be restricted.
Impaired Deliberative Democracy: Executive dominance may result in limited deliberation and debate on important legislative matters. When decision-making is centralized in the executive, opportunities for comprehensive discussion, public input, and the exploration of diverse perspectives may be diminished.
Potential for Policy Capture: Concentrated executive power can create opportunities for special interest groups or powerful individuals to exert undue influence over policy decisions. This can lead to policy capture, favoritism, and a lack of equitable representation of diverse interests.
Threat to Judicial Independence: Executive dominance can pose risks to the independence of the judiciary. The executive’s influence over judicial appointments and the potential for encroachment on the judiciary’s autonomy can undermine the impartial administration of justice and compromise the protection of individual rights.
Democratic Backsliding: Excessive executive dominance without proper checks and balances can contribute to democratic backsliding. It can erode democratic norms, undermine institutional integrity, and potentially lead to authoritarian tendencies.
Facts for prelims: key constitutional provisions related to India’s parliamentary democracy
Constitutional Provision
Description
The Preamble
Declares India as a sovereign, socialist, secular, and democratic republic
Article 79
Establishes the Parliament of India as the supreme legislative body
Article 74
Outlines the role and powers of the President as the head of the executive branch
Article 75
Deals with the appointment and powers of the Prime Minister
Article 86
Outlines the powers and functions of the Rajya Sabha (Upper House of Parliament)
Article 105
Grants privileges and immunities to members of Parliament
Article 266
Establishes the Consolidated Fund of India and Contingency Fund of India
Article 368
Outlines the procedure for amending the Constitution of India
Article 226
Grants High Courts the power to issue writs and remedies for the enforcement of rights and laws
Way forward: Restoring the prominence of Parliament
Review and Amend the Anti-Defection Law: Revisit the anti-defection law, Tenth Schedule of the Constitution, to strike a balance between party discipline and intra-party dissent. The law should focus on curbing unprincipled floor-crossing while allowing space for lawmakers to express dissenting views within their parties.
Strengthen Opposition Rights: Allocate specific space and time for the political opposition in the House to hold the executive accountable. Consider implementing sessions like Prime Minister’s questions, where the Prime Minister faces direct questioning from the Leader of the Opposition and other politicians.
Enhance Impartiality of the Speaker: Encourage the Speaker to act independently and impartially by introducing reforms that require the Speaker to relinquish party membership and impose constitutional obligations to ensure neutrality and fairness in conducting House proceedings.
Preserve the Role of the Upper House: Protect the role and importance of the Upper House, the Rajya Sabha, by ensuring that bills are not misclassified as “money bills” to bypass its scrutiny. Limit the misuse of ordinances to maintain the integrity and effectiveness of the legislative process.
Strengthen Parliamentary Oversight: Enhance the capacity of parliamentary committees to scrutinize executive actions, policies, and budgets effectively. Provide them with adequate resources and powers to conduct thorough investigations and hold the government accountable.
Public Participation and Transparency: Promote public participation in the legislative process by making parliamentary proceedings more accessible to the public through live streaming, public consultations, and the dissemination of information. Enhance transparency by ensuring timely publication of bills, reports, and other parliamentary documents.
Judicial Independence and Judicial Review: Uphold the independence of the judiciary and ensure that it acts as a strong check on executive power. Respect the decisions of the judiciary and safeguard its autonomy to ensure that laws and executive actions align with the constitution and protect individual rights.
Conclusion
While the inauguration of a new Parliament building attracts attention, it is imperative to address the underlying issue of the increasing subordination of Parliament in India’s democracy. Restoring the prominence of Parliament in the democratic process necessitates comprehensive constitutional changes and reforms. Only then can India reclaim its status as a robust parliamentary democracy.
📢Day-4 of UPSC Conclave (Online/Offline)by AIR-210, Akash Al & his mentor Zeeshan Hashmi sir, (a senior IAS Mentor, and Prelims Guru at Civilsdaily):Details Below
The initial three days of the UPSC Conclave have been truly remarkable, as participants from across India have actively participated in enlightening and valuable sessions. As we embark on Day 4, we are delighted to present UPSC’22 Ranker Akash AL as a new addition to our esteemed panel.
Embrace the dawn of the new UPSC paradigm for Prelims 2024. In our upcoming conclave, Zeeshan Hashmi Sir and his successful mentee Akash (AIR 210) will bring their expertise to shed light on the evolving nature of UPSC exams.
They will address how the expectations of UPSC have shifted, targeting not just rote knowledge but also Common Sense, Stress Response, and Risk Appetite. The recent UPSC Prelims 2023 was a wakeup call that left many aspirants baffled and surprised – it’s clear that a new approach to preparation is needed to ace the exam in 2024 and beyond.
Who should attend this Workshop?
Aspirants targeting UPSC 2024.
Those who found UPSC Prelims 2023 challenging and unpredictable.
Aspirants seeking to understand the changing dynamics of UPSC exams.
Anyone keen on getting insights from successful UPSC mentors and rankers.
This is a part of 4-Day UPSC Conclave, previously held sessions featured these rankers. You can request for the recorded sessions.
Seminar/Webinar Details:
Topic: How UPSC is testing Common Sense, Stress Response, and Risk Appetite in Prelims? How to prepare for UPSC Pre 2024?
Shishir Kumar Singh was a mentorship student under Sajal Sir, Zeeshan Sir, and other mentors under the Smash Mains FLT & Smash Essay program series.
He was an active student of Smash Mains + CivilsDaily’s Mentorship program and took guidance in all stages of preparation. He thanked CD’s senior mentors and faculties for his All India Rank of 16 on the UPSC 2022 merit list.
Shishir Kumar Singh, AIR-16, UPSC 2022
He attributed her success to Civilsdaily’s Mentorship
“Just Before Mains the mentorship of both the Mentors helped me a lot and kept me calm and cool before Mains Examination”–Shishir Kumar Singh
For mains, he regularly gave some effort to make the answer structure better under the guidance of mentors.
Sajal sir opened her eyes about Structuring Mains’s answers writing as per recent UPSC requirement.
He joined Civilsdaily’s Smash Mains online Program under Sajal Sir.
He joined Smash Essay Program under Zeeshan Sir.
He was meticulous about study materials. he consolidated his study materials and revised them as many times as he could.
Sajal sir and Zeeshan sir always guided him to remain patient and stay focused all the time.
He always gets hand-holding mentorship support to improve his performance.
He learned to make his own notes.
He said Civilsdaily played the most important role in his IAS preparation journey.
About Shishir Kumar Singh- His UPSC journey
Name
Shishir Kumar Singh
Father
Shinghasan Singh
Mother
Kamlesh Singh
Resident
Ballia, Uttar Pradesh
Schooling
In 2010, 10th CBSE from Kendriya VidyalayaIn 2012, 12th from Delhi Public School
Graduation
In 2016:- B.Tech from Indian School of Mines University, Dhanbad Jharkhand
Exam
UPSC 2022
All India Rank
16
Attempts
1st
Job
SDM in Varanashi Sadar
Shishir, with his sights set on ultimate success, took his aspirations to new heights. Alongside enrolling in the prestigious Smash Mains and Smash Essay programs, he made a game-changing move by joining the Civilsdaily Interview guidance program. Grateful for their invaluable guidance, Shishir credited Civilsdaily for propelling him toward his ultimate triumph.
The Khap leaders are calling for swift action and the arrest of a Minister, who is accused of sexual harassment of wrestlers in order to address the allegations effectively and ensure justice.
In order to escalate their demands and seek support for their cause, the khap leaders have decided to organize a delegation to meet with President.
Understanding Khaps
Khaps are gotra-based and region-based social outfits: Khaps are social organizations that are primarily based on the gotras (clans tracing paternal lineage) and regions.
How are they named?: They derive their name either from the number of villages/clusters of villages they represent or the gotras they are associated with.
Types of Khaps
Gotra-based Khaps: They have jurisdiction in villages dominated by the respective gotras they represent.
Region-based Khaps: They have influence over a specific region comprising a few villages to several hundred villages.
Features of Khaps
Traditional dispute resolution: Historically, khaps served multiple functions, including resolving disputes among families and villages, upholding religious customs, and safeguarding the region from external invasions.
Archaic decrees: However, their role in protection from invasions has become largely irrelevant today, and they primarily focus on dispute resolution and ensuring adherence to social and religious customs.
Leadership and succession: Khaps lack a formal organizational structure when it comes to leadership and succession. While the position of khap president or leader was traditionally hereditary, it is no longer a strict rule.
Functions of Khaps
Dispute Resolution: Khaps have traditionally played a significant role in settling disputes, both within families and between villages. They act as mediators and strive to find resolutions that are acceptable to all parties involved.
Maintenance of Social and Religious Customs: Khaps are responsible for upholding social and religious customs within their communities. They ensure that traditions, rituals, and cultural practices are followed and preserved.
Social Governance: Khaps exercise a form of social governance in their respective areas of influence. They enforce societal norms and standards, promoting social cohesion and harmony within the community.
Community Welfare: Khaps often engage in activities aimed at the welfare of the community. This may include organizing social and cultural events, providing support during crises, and facilitating community development initiatives.
Advice and Guidance: Khaps serve as a source of advice and guidance for community members. Individuals can approach the khap leaders for counsel on various personal, social, or legal matters.
Representation and Advocacy: Khaps act as representative bodies for their communities, advocating for their interests and concerns. They may engage with local authorities, government officials, and other stakeholders to address community-specific issues.
Preserving Lineage and Genealogy: Khaps play a role in preserving the lineage and genealogy of families within their communities. They maintain records and knowledge of ancestral connections, which can be important for social and marital customs.
Protection of Community Interests: Historically, khaps also had a role in protecting the community from external threats, such as invasions. While this function is largely irrelevant today, khaps may still come together to address issues that affect the collective interests of their communities.
Power and Political Influence of Khaps
Large associated population: Khaps draw power from their association with a significant number of individuals who identify with specific gotras or reside within their jurisdiction.
Legitimacy through actions: Khaps gain legitimacy by acting as pressure groups and mobilizing people for political issues. Their ability to rally their members and exert pressure on authorities makes them influential players in politics.
Active participation in protests: Khaps actively participate in protests and movements, amplifying the voices of the aggrieved and adding weight to their demands.
Farmer agitation involvement: Khaps played a significant role in the farmer agitation against contentious farm laws, contributing to the success of the movement.
Crucial players in politics: Khaps have emerged as crucial players in north Indian politics, with political parties seeking their support due to their widespread influence and large support base.
Limited individual political success: While khaps hold political influence collectively, individual khap leaders have varying success in their personal political careers.
Issues with Khaps
Regressive social customs: Khaps impose restrictions on inter-caste and intra-gotra marriages, limiting personal freedom and perpetuating caste-based divisions.
Gender inequality: Khaps often discriminate against women, enforcing patriarchal norms and restricting their rights and choices.
Involvements in honour killings: Khaps have been associated with honor killings, where individuals are killed for marrying against family or community wishes.
Lack of legal authority: Khaps lack legal authority but exert social pressure and impose penalties, violating individual rights.
Absence of democratic processes: Khaps lack transparent leadership selection and decision-making processes, leading to disputes and favoritism.
Exclusion and discrimination: Khaps promote exclusion and discrimination based on caste, gotra, or other social divisions.
Interference in legal matters: Khaps interfere in legal proceedings, challenging the authority of the judicial system.
Relevance of Khap
Resolving local disputes: Khaps are relevant in rural areas for resolving local social disputes and providing a mechanism for conflict resolution.
Upholding customs and traditions: Khaps maintain the relevance of social and cultural customs, contributing to the preservation of cultural identity.
Community cohesion and solidarity: Khaps foster community cohesion and provide a platform for collective action and addressing shared concerns.
Advisory and guidance role: Khaps offer advice and guidance to community members on personal, social, or legal matters.
Advocacy for community interests: Khaps advocate for the needs and aspirations of their communities, ensuring their voices are heard.
Sense of identity and belonging: Khaps contribute to a sense of identity and belonging by connecting individuals to their ancestral lineage.
Social welfare and support: Khaps engage in activities for social welfare and community development.
Political influence: Khaps hold political influence, with parties seeking their support due to their large support base and mobilization capabilities.
Conclusion
Overall, a nuanced approach is necessary to recognize and respect the positive aspects of Khaps while addressing their shortcomings and ensuring a more inclusive and equitable society.
The first two days of the UPSC Conclave have been nothing short of extraordinary, with aspirants from all over India engaging in insightful and enriching sessions. The momentum is only increasing with each passing day. As we step into Day 3, we are thrilled to introduce IAS Soham Mandhare to our panel.
Consistent prep, clear targets = Victory.
Known for his meticulous planning and strategic study methodologies, Soham will be guiding you through a comprehensive 12-month phase-wise study plan specifically tailored for UPSC 2024 aspirants.
This is not just a session but an opportunity to gain a clear roadmap to your UPSC preparation journey from someone who has successfully navigated the route.
Who should attend this Workshop?
This is for you if you are:
A UPSC beginner – confused about the syllabus, prioritizing subjects, making timetables & targets, or just getting started.
A working professionalor college student who will be attempting UPSC 2023 with a job. Facing a serious time crunch and mismanagement in UPSC preparation.
A veteran or aspirant trying to improve your rank in UPSC 2023 attempt.
Seminar/Webinar Details:
Topic: How to fill critical gaps to score a top 50 Ranks in UPSC Prep 2024?
Date: 5th June 2023 (Monday),
Time: 5 P.M onwards
What you should expect on Day 3?
1. First phase – Studying the Core Subjects. How to read every topic in the syllabus from 2-3 sources in the first reading and prepare a 1-2 page note? And in your second reading, stick to only one source while using your notes as reference.
2. Second phase – Studying Mains Specific Subjects & Optional. How to follow the ritual of reading, writing summaries, and answering topic-wise previous year questions?
3. Discuss 2-3 Revision Strategies which you can follow. Why should you not go more than 20 days without revision?
4. Live demonstration of making the perfect notes. How to not copy line-by-line of everything you read & only note down the 5 dimensions of a topic?
5. Why is the Third phase of preparation the shortest of all? What should you ideally do after completing the Prelims and Mains subjects?
6. Fourth phase.How to improve your accuracy 3 months before the Prelims exams?
7. The 5th and Last phase. What must be done 3 months before the Mains exams?
Join Soham Mandare, IAS and Sukanya ma’am on Day 3 of the UPSC Conclave
The recent promulgation of an ordinance by the Union government, amending the Government of National Capital Territory of Delhi (NCTD) Act, 1991, has raised concerns about federalism, democracy, bureaucratic accountability, executive law-making, and judicial review. This move nullified the Supreme Court judgment that recognized the elected government of Delhi’s legislative and administrative powers over services.
What is mean by asymmetric federalism?
Asymmetric federalism refers to a governance model in which different regions or constituent units within a country are granted varying degrees of autonomy or special provisions based on their unique characteristics, circumstances, or historical factors.
It recognizes that not all regions or constituent units are the same and may require different arrangements to accommodate their specific needs and aspirations
Key points regarding Delhi’s unique position and asymmetric federalism
Sui generis status: The Supreme Court recognized that the addition of Article 239AA in the Constitution granted the National Capital Territory of Delhi (NCTD) a distinct and special status. This acknowledgment indicates that Delhi does not fit neatly into the category of either a full-fledged state or a union territory.
Examples of special governance arrangements: India’s federal system already incorporates examples of asymmetric federalism. For instance, the special provisions under Article 370 (before its dilution) for Jammu and Kashmir and the protections provided under Article 371, as well as the 5th and 6th Schedule Areas, demonstrate the existence of differential treatment based on regional considerations.
Legislative and administrative powers: The Supreme Court’s verdict on May 11 acknowledged that the elected government of Delhi possesses legislative and administrative powers over certain subjects, including services. This recognition further solidifies the idea that Delhi operates under a distinctive constitutional framework, allowing it to exercise powers similar to those of states.
Federal entity status: While Delhi remains a Union Territory, the Court’s judgment emphasized that the unique constitutional status conferred upon it makes it a federal entity. This recognition affirms the existence of a distinct arrangement for Delhi within India’s federal structure.
Contrasts with Jammu and Kashmir: It is worth noting that the Court’s application of asymmetric federalism principles in Delhi contrasts with the situation in Jammu and Kashmir, where similar principles were not upheld. This discrepancy highlights the need for consistent application and recognition of federalism across different regions.
Inconsistent Application of Asymmetric Federalism
Differential treatment: Inconsistencies arise when different regions or constituent units within a country receive varying degrees of autonomy, special provisions, or protections based on their unique characteristics, historical factors, or political considerations.
Unequal distribution of powers: In some cases, certain regions may enjoy greater devolved powers, legislative authority, or administrative autonomy compared to others. This disparity can create imbalances in decision-making and resource allocation, leading to perceptions of favoritism or discrimination.
Varying levels of cultural or linguistic protections: Asymmetric federalism may involve granting special cultural or linguistic protections to specific regions or constituent units. However, the extent and nature of these protections can differ, leading to disparities in the preservation and promotion of cultural diversity and linguistic rights.
Financial arrangements: Inconsistent application of asymmetric federalism can also manifest in the distribution of financial resources. Some regions may benefit from preferential funding or fiscal arrangements, while others may receive fewer resources, resulting in economic disparities and regional imbalances.
Selective application based on political considerations: In some cases, the application of asymmetric federalism may be influenced by political factors, resulting in inconsistent treatment. Regions that align with the ruling party or have greater political influence may receive more favourable treatment, while others may be neglected or marginalized.
Perception of unfairness and tensions: Inconsistencies in the application of asymmetric federalism can lead to a sense of unfairness, grievances, and tensions among regions or constituent units. This can undermine trust, unity, and cooperative governance within a federal system.
Facts for prelims
Article
Description
Article 123
Empowers the President to issue ordinances during Parliament’s recess.
Article 239
Deals with the administration of Union Territories.
Article 239A
Provides for the creation of a Legislative Assembly for the Union Territory of Delhi.
Article 239AA
Contains special provisions for the Union Territory of Delhi, including the establishment of a Legislative Assembly and governance structure.
Article 368
Outlines the procedure for amending the Constitution.
Article 144
Deals with the binding nature of the Supreme Court’s judgments on all courts and authorities in India.
Article 213
Empowers the Governor of a state to promulgate ordinances during the recess of the state legislature.
Challenges Posed by the Ordinance
Judicial independence: The swift and brazen act of undoing a Supreme Court judgment through an ordinance raises concerns about judicial independence. While the legislature has the authority to alter the legal basis of a judgment, directly overruling it undermines the independence of the judiciary.
Executive overreach: The use of an ordinance, which is meant to address extraordinary situations, for political ends raises questions about executive overreach. The Supreme Court has previously held that ordinances should not be perverted to serve political objectives, indicating that their use should be limited and justified.
Constitutional subterfuge: The ordinance adds an additional subject of exemption (services) to the legislative power of Delhi without amending the Constitution. This raises concerns about constitutional subterfuge, as it potentially circumvents the constitutional amendment process and undermines the constitutional framework.
Bureaucratic accountability: The creation of a National Capital Civil Service Authority, where appointed bureaucrats can overrule an elected Chief Minister, undermines established norms of bureaucratic accountability. This consolidation of power in the hands of bureaucrats weakens democratic principles and dilutes the authority of elected representatives.
Assault on federalism: The ordinance directly assaults the principles of federalism by limiting the control and decision-making power of the elected government of Delhi. It erodes the federal structure by introducing a mechanism where Union-appointed bureaucrats and the Lieutenant Governor can overrule the decisions of the Chief Minister and the elected government.
Threat to democracy: The ordinance’s provisions, including the majority voting system and the decision-making authority of the Lieutenant Governor, raise concerns about democratic principles. By allowing unelected officials to wield significant power over elected representatives, it undermines the democratic ideals of representative governance and the will of the people.
Way Ahead: The Need for a New Politics of Federalism
Protection of constitutional values: As the foundations of India’s constitutionalism are threatened, a new politics of federalism is required to safeguard the core values enshrined in the Constitution. Federalism serves as a vital mechanism to ensure a balance of power, protect the rights of states and regions, and uphold democratic principles.
Counter-hegemonic idea: By championing the principles of decentralization, autonomy, and cooperative governance, a renewed focus on federalism can challenge the concentration of power and promote a more inclusive and participatory political system.
Normative framework: Opposition parties often fail to take a principled stance on federalism or articulate it as a normative idea. A new politics of federalism should aim to establish federalism as a guiding principle based on first principles, emphasizing the importance of cooperative governance, checks and balances, and the protection of regional diversity.
Articulating underlying values: A reimagined politics of federalism should consistently articulate the underlying values of federal governance. This includes recognizing the interplay between federalism and democracy, understanding the diverse interests and aspirations of regions, and ensuring equitable distribution of powers, resources, and opportunities.
Balancing the centre-state dynamics: A robust politics of federalism can foster a healthy balance between the central government and the states or regions. It should promote dialogue, cooperation, and respect for the autonomy and authority of elected representatives at all levels.
Conclusion
The recent ordinance amending the Government of NCTD Act has ignited debates about federalism, democracy, and bureaucratic accountability. Opposition parties must recognize the importance of federalism as a guiding principle and act to safeguard it. The protection of federalism requires a principled approach that upholds democratic values and ensures the balance of power between different tiers of government.
