In recent times, we have witnessed a significant development in the power struggle between the Delhi government and the Central government. The Supreme Court’s unanimous recognition of the Delhi government’s control over administrative services marked an emancipation of the people’s will. However, the subsequent promulgation of an ordinance by the Central government to nullify the court’s decision has subverted the Delhi government’s power and handed it back to Central government appointees.
The Delhi government’s struggle for control
Stripping of Control: In 2015, the Union Ministry of Home Affairs took away the elected Delhi government’s control over administrative services and handed it to the Lieutenant Governor (LG), an appointee of the Union government. This decision severely impeded the functioning of the Delhi government.
Day-to-Day Problems: The transfer of control over services resulted in day-to-day problems in the functioning of important departments. Secretaries were frequently changed, leading to a lack of continuity, vision, and efficiency in governance.
Frequent Transfers of Officials: The Delhi government witnessed frequent transfers of officials, hindering their ability to familiarize themselves with the departments they were working in. This constant reshuffling minimized the potential for effective governance and hindered the government’s relief efforts during crises like the COVID-19 pandemic.
Lack of Functional Control: As the elected government had no functional control over services, it faced challenges in punishing errant officers and addressing issues such as vacancies, vigilance enquiries, and corruption cases. The government also witnessed a high number of vacancies in crucial positions due to mismanagement by the Lieutenant Governor.
Conflicting Directives: Officials faced a dilemma in following directives as they felt duty-bound to honor the will of the elected government expressed by the people, while also staying under the functional control of the LG. This created confusion and hindered effective decision-making.
Lack of Answerability: The Services Department, under the control of the LG, refused to answer questions raised by Members of the Legislative Assembly (MLAs) in the Vidhan Sabha. This limited transparency and accountability, preventing MLAs from obtaining crucial information related to vacancies, corruption cases, and other issues.
Penalization of Officials: Honest and efficient officials were often penalized for their merits and subjected to punishment postings. This created an environment of uncertainty and discouraged officials from performing their duties effectively.
The Supreme Court’s intervention in the Delhi government’s struggle for control
Recognition of Delhi Government’s Control: The Supreme Court, in a landmark decision, recognized the control of the Delhi government over administrative services. A five-judge Bench unanimously upheld the government’s authority, ensuring that decisions on appointments and transfers would be made by the elected government.
Restoration of Chain of Accountability: The Court’s judgment restored the chain of accountability involving the people, the legislature, the government, and the bureaucracy. It reinforced the principle that elected governments have the power to govern and make decisions regarding the bureaucracy.
Empowerment of the Elected Government: The Supreme Court’s decision empowered the elected Delhi government to make appointments and transfers based on performance and merit. It allowed the government to take action against errant officials and implement its policies effectively.
Efficient and Compassionate Bureaucracy: The Court’s ruling paved the way for an efficient, honest, responsive, accountable, and compassionate bureaucracy. It provided clarity on the roles and responsibilities of officials, enabling them to work towards the development of Delhi and the welfare of its people.
Clarification on Services Department: The Court’s intervention brought clarity regarding the Services Department, which had previously refused to answer questions raised by MLAs in the Vidhan Sabha. The judgment ensured that the elected government had functional control over the department, enabling transparency and answerability.
Encouragement for Overhauling the Bureaucracy: The Delhi government, empowered by the Court’s decision, planned to overhaul the bureaucracy. It sought to establish a skilled administration model, leveraging the success of its health and education models.
The significance of the Supreme Court judgment
Upholding Democratic Principles: The Supreme Court judgment recognizing the control of the Delhi government over administrative services upholds democratic principles. It affirms the importance of elected governments in decision-making and governance, ensuring that the will of the people expressed through their votes is respected.
Restoration of Accountability: The judgment restores the chain of accountability involving the people, the legislature, the government, and the bureaucracy. It clarifies the roles and responsibilities of the elected government and the bureaucracy, fostering transparency and answerability.
Empowering Elected Government: By recognizing the control of the elected Delhi government, the Court empowers the government to make appointments and transfers based on performance. It enables the government to take action against errant officials and implement its policies effectively, leading to improved governance.
Strengthening Good Governance: The judgment paves the way for an efficient, honest, and responsive bureaucracy. It ensures that officials work towards the development of Delhi and the welfare of its people. It promotes vision, consistency, and efficiency in governance, fostering good governance practices
Impact of the ordinance issued by the Central government on the power dynamics in Delhi
Shift of Control: The ordinance has effectively shifted control over services in Delhi back to the Lieutenant Governor (LG), appointed by the Central government. This overturns the Supreme Court’s decision recognizing the control of the elected Delhi government over administrative services. It diminishes the authority of the elected government and centralizes power in the hands of the LG.
Undermining Democratic Process: The ordinance undermines the democratic process by disregarding the elected government’s role in matters of services. It reduces the value of the citizen’s vote and weakens the accountability of officers to the elected representatives. This move goes against the principles of cooperative federalism and disempowers opposition-run governments.
Disruption of Policy Implementation: The ordinance hampers the implementation of policies and initiatives by the elected government. It allows the LG to exercise sole discretion in matters of services, potentially leading to conflicting views and hindrances in executing the government’s policies. This can result in delays, inefficiencies, and a lack of coordination in governance.
Disempowerment of Elected Government: The ordinance disempowers the elected Delhi government by granting the LG significant decision-making powers. It limits the government’s ability to appoint officers who align with its policies and goals, undermining the concept of an accountable and responsive administration.
Potential for Discord and Inefficiency: The ordinance introduces the possibility of discord between the LG and the elected government, as the LG can veto the Chief Minister’s views. This can create conflicts and hinder effective decision-making and cooperation between the two entities. The lack of coordination and cooperation can lead to bureaucratic delays, inefficiencies, and an inability to address the needs of the people.
Centralization of Power: The ordinance reflects a trend of centralizing power in the hands of the Central government and the LG. It institutionalizes the use of the Governor/LG position to undermine democratically elected non-BJP governments and weaken their authority. This concentration of power challenges the principles of federalism and decentralization.
Facts for prelims
The constitutional provisions related to the ordinance powers
Article 123: It grants the President of India the power to issue ordinances during the recess of Parliament. The President can promulgate ordinances when both Houses of Parliament are not in session if they deem it necessary to take immediate action. The ordinances have the same force and effect as an act of Parliament but must be laid before both Houses for approval.
Article 213: It grants similar powers to the Governor of a state to issue ordinances during the recess of the state legislature. The Governor can promulgate ordinances when the state legislature is not in session if they believe it is necessary to take immediate action. Like in the case of the President, the ordinances issued by the Governor must be laid before the state legislature for approval.
Article 123(3) and Article 213(3): These provisions require that any ordinance promulgated by the President or the Governor, respectively, must be laid before both Houses of Parliament or the state legislature, as the case may be, as soon as it reconvenes. The ordinance ceases to operate if it is not approved within a specified period or if both Houses pass resolutions disapproving it.
Article 213(2)(a): This provision states that an ordinance issued by the Governor will have the same force and effect as an act of the state legislature but is subject to the power of the state legislature to pass an act inconsistent with the ordinance
The way forward
Respect for Judicial Decisions: It is crucial for all stakeholders to respect and abide by the decisions of the Supreme Court. Upholding the rule of law and the independence of the judiciary is essential for a functioning democracy. Any further legal challenges should be pursued through proper legal channels.
Dialogue and Collaboration: It is important for the Central government and the elected Delhi government to engage in constructive dialogue and collaboration. Both entities should work towards finding common ground and resolving their differences through discussions and negotiations. This will help establish a cooperative and inclusive approach to governance.
Clarity on Roles and Responsibilities: There should be a clear delineation of roles and responsibilities between the elected government and the Lieutenant Governor. This will help avoid conflicts and ensure effective coordination in decision-making and policy implementation. Establishing transparent guidelines for the exercise of power and cooperation is essential.
Strengthening Cooperative Federalism: Both the Central government and state governments, including the government of Delhi, should uphold the principles of cooperative federalism. This involves respecting the autonomy and authority of elected state governments and promoting meaningful collaboration for the benefit of the people.
Effective Governance Mechanisms: Efforts should be made to establish effective governance mechanisms that promote transparency, accountability, and efficiency. This includes streamlining administrative processes, ensuring timely appointments and transfers, and implementing performance-based evaluation systems for officials.
Public Participation and Engagement: Engaging the public in decision-making processes and policy formulation can foster a sense of ownership and enhance the quality of governance. Platforms for public participation, such as citizen feedback mechanisms and public consultations, should be established to ensure the voices of the people are heard.
Strengthening Institutions: The strengthening of democratic institutions, including the judiciary and administrative bodies, is crucial. Upholding their independence, ensuring merit-based appointments, and promoting professionalism and accountability within these institutions will contribute to effective governance.
Focus on Development and Welfare: Irrespective of the power dynamics, the primary focus should be on the development and welfare of the people of Delhi. Efforts should be made to deliver essential services, address pressing issues, and implement policies that cater to the needs and aspirations of the citizens.
Conclusion
The battle for control in Delhi between the elected government and the Central government has witnessed both the emancipation and subversion of the people’s will. It is crucial for all parties involved to prioritize the well-being of the citizens and work together to establish a cooperative and inclusive governance framework. By doing so, Delhi can overcome the challenges posed by the power struggle and strive towards effective governance that caters to the needs and aspirations of its people.
The recent wave of violence in Manipur serves as another grim reminder of the deterioration of our social fabric. The Finance Minister’s recent expression of sorrow over the lack of personal regard among politicians despite ideological differences resonates with many of us. We reminisce about a time when meaningful conversations and differing opinions could coexist without animosity. However, in today’s landscape, we find ourselves drifting apart from those with whom we disagree and nurturing a deep aversion towards them.
The phenomenon of polarization
Ideological Divisions: Polarization refers to the growing ideological divisions within societies. It is characterized by an increasing separation of people into distinct ideological camps, often with extreme views and a lack of willingness to engage with opposing perspectives.
Us vs. Them Mentality: Polarization fosters an us vs. them mentality, where individuals identify strongly with their own group and view those outside their group as adversaries. This mentality fuels hostility, animosity, and a deep sense of distrust towards those who hold different beliefs or opinions.
Echo Chambers: Polarization is exacerbated by the prevalence of echo chambers, which are created by social media and other platforms. Echo chambers are virtual spaces where like-minded individuals reinforce each other’s beliefs and shield themselves from differing viewpoints. This reinforces preexisting biases and prevents exposure to alternative perspectives.
Confirmation Bias: Polarization is fueled by confirmation bias, whereby individuals seek out information that confirms their existing beliefs and dismiss or ignore contradictory evidence. This selective exposure to information further entrenches people in their ideological positions and prevents the formation of nuanced opinions.
Emotionalization of Issues: Polarization often leads to the emotionalization of issues, where discussions become heated and personal. Emotions such as anger, fear, and resentment drive the discourse, making it difficult to engage in rational and constructive conversations.
Loss of Civil Discourse: Polarization erodes civil discourse and respectful disagreement. Rather than engaging in meaningful dialogue, individuals tend to resort to personal attacks, demonization, and dehumanization of those with differing views. This breakdown of civility undermines the foundations of a healthy democratic society.
Political Gridlock: Polarization can result in political gridlock, where the inability to find common ground hinders policy-making and governance. As political parties become more polarized, finding compromises and reaching consensus becomes increasingly challenging, leading to a stalemate in decision-making processes.
Social Fragmentation: Polarization contributes to social fragmentation, dividing communities and societies along ideological lines. It undermines social cohesion, trust, and cooperation, making it harder to address common challenges and work towards collective goals.
Threat to Democracy: Polarization poses a significant threat to democratic processes. It undermines the principles of compromise, inclusivity, and consensus-building that are essential for a functioning democracy. When polarization intensifies, it can lead to social unrest, political instability, and a breakdown of democratic institutions.
Implications for Social Well-being: Polarization has negative consequences for societal well-being. It can contribute to heightened levels of stress, anxiety, and social isolation. It impedes constructive problem-solving, stifles innovation, and hampers social progress.
Impact of Social Media
Positive Impact:
Connectivity and Communication: Social media platforms have revolutionized communication, allowing individuals to connect and stay in touch with friends, family, and communities across geographical boundaries.
Information Sharing: Social media provides a platform for the rapid dissemination of information, enabling users to access news, updates, and educational content from various sources.
Amplification of Voices: Social media empowers marginalized individuals and communities by providing them with a platform to share their stories, experiences, and perspectives, thereby amplifying their voices and fostering inclusivity.
Business and Entrepreneurship Opportunities: Social media platforms offer businesses and entrepreneurs the ability to reach a global audience, market their products or services, and build brand awareness at a relatively low cost.
Awareness and Activism: Social media plays a crucial role in raising awareness about social and environmental issues, mobilizing communities, and facilitating social and political activism.
Negative Impact:
Spread of Misinformation: Social media platforms are susceptible to the rapid spread of misinformation, fake news, and rumors, which can lead to confusion, polarization, and manipulation of public opinion.
Cyberbullying and Online Harassment: Social media platforms have provided a platform for cyberbullying, hate speech, and online harassment, causing emotional distress and harm to individuals, especially young people.
Privacy and Data Security Concerns: Social media platforms collect and store vast amounts of user data, raising concerns about privacy breaches, data misuse, and unauthorized access to personal information.
Impact on Mental Health: Excessive use of social media has been linked to increased feelings of anxiety, depression, loneliness, and low self-esteem, as individuals compare themselves to others and seek validation through online interactions.
Erosion of Civil Discourse: The anonymity and distance provided by social media can lead to the erosion of civil discourse, with conversations turning hostile, polarized, and lacking empathy and respect for diverse opinions.
Addiction and Time Management Issues: Social media addiction can disrupt daily routines, affect productivity, and lead to an excessive focus on virtual interactions at the expense of real-life relationships and activities.
How Social media amplifies narcissistic tendencies?
Social media has the potential to amplify narcissistic tendencies and prioritize personal opinions over the feelings of others in several ways:
Self-Centric Nature: Social media platforms often encourage users to present curated versions of their lives, focusing on self-presentation and self-promotion. This self-centric nature can fuel narcissistic tendencies, as individuals seek validation, attention, and admiration from their online peers.
Selective Self-Presentation: Social media allows individuals to carefully select and highlight aspects of their lives that project a positive image. This selective self-presentation can contribute to a self-centered mindset, where individuals prioritize their own opinions and perspectives without fully considering or empathizing with the feelings and experiences of others.
Validation through Likes and Followers: Social media platforms often employ metrics such as likes, followers, and shares as measures of popularity and social validation. This can incentivize users to prioritize personal opinions and content that garners attention and positive feedback, further reinforcing self-centered behavior and disregarding the impact on others.
Echo Chambers and Confirmation Bias: Social media algorithms create echo chambers, where individuals are exposed to content that aligns with their existing beliefs and perspectives. This reinforces confirmation bias, leading users to seek out and engage with content that supports their own opinions.
Disinhibition and Online Anonymity: Social media platforms often provide a sense of anonymity and detachment from real-life consequences. This can lead to disinhibition, where individuals feel freer to express their opinions without the social norms and inhibitions present in face-to-face interactions.
Limited Non-Verbal Cues: Social media communication lacks non-verbal cues, such as facial expressions and tone of voice, which are crucial for understanding others’ emotions and maintaining empathy. The absence of these cues can make it easier for individuals to prioritize their own opinions without fully recognizing or acknowledging the impact their words may have on others.
Way forward: A Citizen-Led Solution
Critical Media Consumption: Develop critical media literacy skills to discern reliable information from misinformation or fake news. Be vigilant about verifying information before sharing it and actively seek out diverse perspectives to avoid falling into echo chambers.
Mindful Social Media Usage: Be mindful of your social media usage and the impact it has on your well-being. Set boundaries, allocate specific times for social media engagement, and prioritize real-life interactions and relationships over virtual ones.
Responsible Sharing: Before sharing content on social media, consider the accuracy, credibility, and potential impact of the information. Share content responsibly, ensuring that it contributes positively to public discourse and avoids the spread of misinformation or hate speech.
Promote Civil Discourse: Engage in respectful and constructive discussions online. Foster empathy and understanding, even when encountering differing opinions. Be open to listening and learning from others, while maintaining a respectful tone.
Support Digital Literacy Initiatives: Advocate for and support initiatives that promote digital literacy and critical thinking skills. Encourage educational institutions, policymakers, and community organizations to prioritize digital literacy programs that equip individuals with the skills needed to navigate the digital landscape responsibly.
Advocate for Responsible Platform Practices: Encourage social media platforms to prioritize responsible content moderation practices, transparency, and user privacy. Support efforts that combat hate speech, misinformation, and cyberbullying on these platforms.
Engage in Positive Online Activism: Use social media as a platform for positive activism and constructive dialogue. Support causes, campaigns, and initiatives that promote inclusivity, tolerance, and social justice. Share stories and content that uplift and inspire others.
Foster Digital Empathy: Cultivate empathy in online interactions by considering the perspectives and feelings of others. Treat online interactions as you would face-to-face conversations, with respect, kindness, and consideration for others’ emotions.
Promote Offline Connections: Encourage offline interactions and relationships. Invest time in meaningful face-to-face conversations, community engagement, and real-world connections. Strengthening offline relationships can help balance and reduce dependence on social media.
Advocate for Ethical Tech Practices: Support efforts to regulate and hold social media companies accountable for their practices. Advocate for ethical tech practices, user privacy protection, and responsible use of user data.
Conclusion
The impact of social media on public discourse and the unraveling of our social fabric cannot be underestimated. It is imperative that individuals take responsibility and break free from the addictive allure of social media platforms. By prioritizing genuine human connections, engaging with diverse perspectives, and rebuilding our social bonds, we can mitigate the threats posed by social media and restore a healthier, more respectful public discourse.
PM Modi addressed a community event in Sydney, emphasizing the strong foundations of trust and respect between India and Australia.
He credited the Indian diaspora for the success of this relationship.
The event aimed to strengthen cultural ties and was attended by over 21,000 people, including Australian PM Anthony Albanese.
India-Australia Relations: A Backgrounder
The India-Australia bilateral relationship has undergone evolution in recent years, developing along a positive track, into a friendly partnership.
The two nations have much in common, underpinned by shared values of a pluralistic, Westminster-style democracies, Commonwealth traditions, expanding economic engagement etc.
Several commonalities include strong, vibrant, secular and multicultural democracies, free press, independent judicial system and English language.
Historical Perspective
Early colonization: The historical ties between India and Australia started immediately following European settlement in Australia from 1788.
A penal colony: All trade, to and fro from the penal colony of New South Wales was controlled by the British East India Company through Kolkata.
Diplomatic ties: India and Australia established diplomatic relations in the pre-Independence period, with the establishment of India Trade Office in Sydney in 1941.
Expansion of ties: The end of the Cold War and simultaneously, India’s decision to launch major economic reforms in 1991 provided the first positive move towards development of bilateral ties.
Various dimensions of ties
[A] Political partnership
Both countries are members of-
G-20
ASEAN Regional Forum (ARF),
IORA (Indian Ocean Rim Association),
Asia Pacific Partnership on Climate and Clean Development,
East Asia Summit and
The Commonwealth
QUAD (Quadrilateral Security Dialogue)
Australia has been extremely supportive of India’s quest for membership of the APEC (Asia Pacific Economic Cooperation).
Australia wholeheartedly welcomed India’s joining of the MTCR (Missile Technology Control Regime).
[B] Trade and Economy
5th largest trade partner: India is the 5th largest trade partner of Australia with trade in goods and services.
Huge trade volume: Two-way trade between India and Australia was worth A$ 24.3 billion ($18.3 billion) in 2020, up from just $13.6 billion in 2007, according to the Australian government.
Uranium exports: After a series of attempts, in 2016, Australia opened the door for uranium exports to India.
R&D: An Australia-India Strategic Research Fund (AISRF) which was established in 2006, supports collaboration between scientists in India and Australia on cutting-edge research.
[C] Cultural ties
P2P ties: There is a longstanding people-to-people ties, ever increasing Indian students coming to Australia for higher education.
Bond over cricket and tourism: Growing tourism and sporting links, especially Cricket and Hockey, have played a significant role in further strengthening bilateral relations between the two countries.
Skilled workforce: India is one of the top sources of skilled immigrants to Australia.
Indian students: The number of Indian students continue to grow with approximately 105,000 students presently studying in Australian universities.
Diaspora: After England, India is the second largest migrant group in Australia in 2020.
[D] Strategic Partnership
In 2009, India and Australia established a ‘Strategic Partnership’, including a Joint Declaration on Security Cooperation which has been further elevated to Comprehensive Strategic Partnership in 2020.
The Mutual Logistics Support Agreement has been signed during the summit that should enhance defence cooperation and ease the conduct of large-scale joint military exercises.
There is a technical Agreement on White Shipping Information Exchange.
Both nations conduct bilateral maritime exercise AUSINDEX. In 2018, Indian Air Force participated for the first time in the Exercise Pitch Black in Australia.
Foreign and Defence Ministers of both countries agreed to meet in a ‘2+2’ format
The first-ever Quad Leaders’ Virtual Summit held on 12 March 2021 saw the participation of Prime Ministers of India, Australia, Japan and President of USA.
A Civil Nuclear Cooperation Agreement between the two countries was signed in September 2014 during the visit of then PM Tony Abbott to India.
Significance of the ties
COVID Management: Australia is one of the few countries that has managed to combat COVID-19 so far through “controlled adaptation” by which the coronavirus has been suppressed to very low levels.
STEM: From farming practices through food processing, supply and distribution to consumers, the Australian agribusiness sector has the desired R&D capacity, experience and technical knowledge.
Natural resources: Australia is rich in natural resources that India’s growing economy needs. It also has huge reservoirs of strength in higher education, scientific and technological research.
Alliance with US: The two countries also have increasingly common military platforms as India’s defence purchases from the US continue to grow.
Affinity with ASEAN: Australia has deep economic, political and security connections with the ASEAN and a strategic partnership with one of the leading non-aligned nations, Indonesia.
Containing China: The Indo-Pacific region has the potential to facilitate connectivity and trade between India and Australia. Both nations can leverage their equation in QUAD to contain China.
International cooperation
Support at UNSC: Australia supports India’s candidature in an expanded UN Security Council.
APEC: Australia is an important player in APEC and supports India’s membership of the organisation. In 2008, Australia became an Observer in SAARC.
Some irritants in ties
Trade imbalance: India’s trade deficit with Australia has been increasing since 2001-02 due to India-Australia Free Trade Agreement. It is also a contentious issue in the ongoing RCEP negotiations which India left.
High tariff on agri products in India: India has a high tariff for agriculture and dairy products which makes it difficult for Australian exporters to export these items to India.
Non-tariff barriers in Australia: At the same time, India faces non-tariff barriers and its skilled professionals in the Australian labour market face discrimination.
Visa Policy: India wants greater free movement and relaxed visa norms for its IT professionals, on which Australia is reluctant.
Future of QUAD: Australian lobby has sparked speculation over the fate of the Quadrilateral Consultative Dialogue (the ‘Quad) involving India, Australia, Japan and the United States.
Nuclear reluctance: Building consensus on non-nuclear proliferation and disarmament has been a major hurdle given India’s status as a nuclear power.
Racism against Indians: Increasing Racist attacks on Indians in Australia has been a major issue.
Way forward
Upgradation of 2+2 format: It is prudent too for New Delhi and Canberra to elevate the ‘two plus two’ format for talks from the Secretary level to the level of Foreign and Defence Ministers.
Removal of trade barriers: Both nations need to resolve disputes at the WTO with regard to the Australian sector can act as a serious impediment.
Balancing China: An ‘engage and balance’ China strategy is the best alternative to the dead end of containment.
The central government issued an Ordinance on May 19, overturning a unanimous Supreme Court verdict.
The Ordinance grants the Lieutenant Governor of Delhi authority over services, challenging the elected government’s control over officials’ transfer and posting.
This raises constitutional concerns about the balance of power between the elected government and the Lieutenant Governor.
Issues with this ordinance
The Ordinance bestowed power over services to the Lieutenant Governor of Delhi.
It established the “National Capital Civil Service Authority,” consisting of the Chief Minister and two senior IAS officials, to decide matters by majority vote.
This provision potentially allows the elected Chief Minister’s viewpoint to be overruled.
Key issues with the current model of Governance of Delhi
Undermining the elected government: The LG, who will be the government, is under no obligation to implement any law passed by the assembly or carry out the directions of the house as he is not responsible to the assembly.
Lack of Executive Accountability: The Lieutenant Governor, who is the head of government, is not accountable to the assembly, which undermines the principle of executive accountability.
Against the privilege of legislature: Framing the rules to conduct its proceedings is thus a part of the privilege each house of a legislature enjoys.
Delay in decision-making: The requirement for LG’s approval for many decisions has led to delays in decision-making, which has impacted the development and governance of the city.
Accountability issues: The division of responsibilities between the elected government and the Lieutenant Governor has led to difficulties in fixing responsibility for actions and decisions.
Against Co-operative Federalism: The Act not only negates cooperative federalism but also upturns the fundamental principles laid down by the Supreme Court in Government of NCT Delhi vs Union of India case (2018).
Control over Services Department: Governance has always been a contentious issue since Delhi is not a full state and the Services department comes under the L-G.
What isOrdinance?
Under Article 123 of the Constitution, the President possesses law-making powers through the issuance of ordinances during the recess of Parliament.
Article 213 grants the Governor of a state the authority to issue ordinances when the state legislative assembly or either of the two Houses (in states with bicameral legislatures) is not in session.
However, there are limitations to this authority:
Issuance during Recess: The President can only promulgate an ordinance when one or both Houses of Parliament are not in session.
Immediate Action: An ordinance can only be issued when the President deems it necessary for immediate action.
Justiciability: The President’s intentions to issue ordinances can be subject to judicial review if mala fide intentions are proven.
Features of Ordinances
Several characteristics and provisions are associated with ordinances:
Retrospective Effect: An ordinance can have a retrospective application, meaning it can be enacted prior to its approval.
Nullity during Parliamentary Session: An ordinance issued while Parliament is in session is considered null and void.
Time Limit for Approval: An ordinance must be approved by Parliament within six weeks of its reassembly. Failure to do so leads to its expiration.
Continuation of Acts and Laws: Acts, laws, and events resulting from the ordinance remain in effect until its expiration.
Limits on Legislative Authority: Ordinances can only be passed on subjects within the legislative competence of the Indian Parliament.
Protection of Fundamental Rights: Ordinances cannot be used to revoke the fundamental rights guaranteed by the Indian Constitution. Their enforcement would render them null and void if both Houses pass a resolution opposing them.
Issues with the Ordinances
The use of ordinances has raised concerns regarding their potential misuse and circumvention of democratic processes. Some key concerns are:
Bypassing the Legislature: Deliberate bypassing of the legislature to avoid debate and deliberation on contentious legislative proposals undermines democratic principles.
Repromulgation of Ordinances: Repromulgation without placing the ordinance before the legislature subverts democratic legislative processes and the separation of powers.
Presidential Satisfaction: The satisfaction of the President as a requirement for issuing an ordinance provides scope for potential misuse.
Ignoring Supreme Court’s Judgments: Instances of ordinances being promulgated despite Supreme Court judgments highlighting their conditional and exceptional nature raise concerns about adherence to constitutional principles.
Judicial Safeguards to avoid re-promulgation of ordinances
Supreme Court in RC Cooper vs. Union of India (1970) held that the President’s decision to promulgate ordinance could be challenged on the grounds that ‘immediate action’ was not required, and the ordinance had been issued primarily to bypass debate and discussion in the legislature.
It was argued in DC Wadhwa vs. the State of Bihar (1987) that the legislative power of the executive to promulgate ordinances is to be used in exceptional circumstances and not as a substitute for the law-making power of the legislature.
Supreme Court in Krishna Kumar Singh v. the State of Bihar held that the authority to issue ordinances is not an absolute entrustment, but is “conditional upon satisfaction that circumstances exist rendering it necessary to take immediate action”.
Way ahead
Every ordinance issued must be laid before both the Houses of Parliament or state legislature within six weeks from the reassembly of Parliament or state legislature and it ceases to exist if it is not approved within six weeks of reassembly.
44th Constitutional Amendment has reiterated that the satisfaction of the President to promulgate ordinance could be challenged in case an ‘immediate action’ was not required.
Our Constitution has provided for the separation of powers among the legislature, executive and judiciary where enacting laws is the function of the legislature.
The executive must show self-restraint and should use ordinance making power only in unforeseen or urgent matters and not to evade legislative scrutiny and debates.
Conclusion
The recent Ordinance and its constitutional implications highlight the need for a balanced distribution of powers between the elected government and the Lieutenant Governor in Delhi.
It is essential to uphold democratic principles and ensure that legislative functions are carried out by the appropriate constitutional authorities.
A comprehensive review of the governance framework in Delhi may be necessary to address these concerns and ensure effective and harmonious governance in the capital city.
The Digital India Bill, a comprehensive overhaul of Internet laws, will be unveiled in June 2023. This bill represents a significant update since the Information Technology Act of 2000.
What is the Digital India Bill?
DIA will consist of 4 parts:
Digital Personal Data Protection Bill,
DIA rules,
National Data Governance Policy, and
Indian Penal Code amendments
Need for such legislation
India has 850 million internet users, making it the world’s largest “digitally connected democracy.”
The IT Act, created for the pre-digital era, lacks provisions for user rights, trust, safety, and modern cyber threats.
Growing cyber crimes, disinformation, and privacy concerns necessitate an updated legislation.
Goals of the Digital India Bill
Evolvable digital law: Flexible rules adaptable to changing technological trends.
Adjudicatory mechanism: Accessible mechanism for resolving online civil and criminal offenses.
Principles and rules-based approach: A legislative framework based on overarching governing principles.
Key components of the DIA
Open Internet: Promotes choice, competition, diversity, fair market access, and ease of doing business, preventing the concentration of power.
Online Safety and Trust: Safeguards users against cyber threats, revenge porn, defamation, cyberbullying, and moderates fake news. Advocates for digital rights and protects minors.
KYC Requirements: Mandates Know Your Customer (KYC) for privacy-invading devices like spy camera glasses.
Monetization Rules: Overhauls rules for platform and user-generated content to align with the DIA.
Key feature: Reconsideration of Safe Harbour
The government is reconsidering a key aspect of cyberspace — ‘safe harbour’.
Safe harbour is the principle that so-called ‘intermediaries’ on the internet are not responsible for what third parties post on their website.
This is the principle that allows social media platforms to avoid liability for posts made by users.
Safe harbour has been reined in in recent years by regulations like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to take down posts when ordered to do so by the government, or when required by law.
Way Forward
The detailed timeline is undisclosed, but the government aims to conduct a comparative study of global laws and consult with experts, industry, the public, and relevant forums.
The draft Bill will undergo consultation, followed by a draft Cabinet note before the final version is released.
The article discusses implementation of a digital Census and the option for citizens to self-enumerate through updating their National Population Register (NPR) details online.
What is the news?
Census 2021, the first digital Census, will allow citizens to “self-enumerate” when it is conducted.
The government has not announced the date for the Census yet, and a notification from January 2, 2023, indicates that the exercise is postponed until at least September.
What is National Population Register (NPR)?
The NPR is a register that records the usual residents of the country.
It is prepared at various levels, including local, sub-district, district, state, and national.
The creation of the NPR is governed by the provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003.
It is mandatory for every usual resident of India to register in the NPR.
A usual resident is defined as a person who has resided in a local area for the past 6 months or more, or a person intending to reside for next 6 months or more.
Differences between NPR and Census
The census involves a detailed questionnaire, collecting information such as age, sex, marital status, occupation, religion, and more.
The NPR collects basic demographic data and biometric particulars.
The census is governed by the Census Act, 1948, while the NPR operates under a set of rules framed under the Citizenship Act, 1955.
Stipulated process for self-enumeration
Self-enumeration for the Census will be available only to households that have updated their NPR details online.
The Office of the Registrar General of India (ORGI), responsible for the Census, has developed a web-based “self-enumeration (SE)” portal, presently available in English.
The mobile-friendly portal, yet to be launched, will allow users to register their mobile numbers in the NPR database, self-enumerate, and fill in Houselisting Operations details.
During self-enumeration, the collection of Aadhaar or mobile numbers is mandatory.
How are NPR and NRC related?
According to the Citizenship Rules 2003, the NPR is the initial step in compiling the National Register of Indian Citizens (NRIC/NRC).
The NPR was updated in 2015, but new questions were added as part of a trial exercise involving 30 lakh respondents in September 2019.
The exercise is seen as a step towards the compilation of the National Register of Indian Citizens (NRC) as per the Citizenship Rules, 2003.
What about data confidentiality?
While similar data is collected through the Census, individual data remains confidential under Section 15 of the Census Act, 1948.
Only aggregated data is released at administrative levels.
Data collected under the NPR are shared with states and used by the Central government for various welfare schemes at the individual level.
Way forward
To ensure the success of the digital Census and self-enumeration process, the government should consider the following:
Conduct thorough awareness campaigns to educate citizens about the self-enumeration process and its benefits.
Provide multi-language support on the self-enumeration portal to accommodate diverse language preferences.
Address concerns regarding data privacy and security to build trust among citizens.
Establish a robust support system to assist citizens in case of technical issues or questions during self-enumeration.
Regularly update and improve the self-enumeration portal based on user feedback to enhance user experience and ease of use.
The Union Urban Affairs Ministry announced that significant progress has been made under the Smart Cities Mission, with more than 90% of the allocated funds being utilized and 73% of the projects already completed.
Why discuss this?
The projects were supposed to be completed within five years of the selection of the city.
However, in 2021 the Ministry changed the deadline for all cities to June 2023, which was earlier the deadline for Shillong alone.
What is Smart Cities Mission?
The Smart Cities Mission is an initiative of the Union Housing and Urban Affairs Ministry that was launched by PM on June 25, 2015.
Cities across the country were asked to submit proposals for projects to improve municipal services and to make their jurisdictions more liveable.
Between January 2016 and June 2018 (when the last city, Shillong, was chosen), the Ministry selected 100 cities for the Mission over five rounds.
How does it work?
Each smart city has created a Special Purpose Vehicle (SPV) responsible for planning, appraising, approving, releasing funds, implementing, and managing, operating, monitoring, and evaluating development projects.
The SPV is led by a full-time CEO and includes nominees from the Central and State governments, as well as the Urban Local Bodies (ULBs) on its Board.
Monitoring and Reporting
The implementation of the SCM is overseen by an Apex Committee, led by the Secretary of the Ministry of Housing and Urban Affairs.
The committee utilizes the Real Time Geographical Management Information System (GMIS) to provide regular reports on project progress.
Features of the mission
Smart Infrastructure: Upgrading urban systems, including transportation, water, and waste management.
E-Governance: Digital platforms for transparent government services and citizen engagement.
Smart Solutions: Integration of IoT and data analytics to optimize urban systems.
Sustainability: Green initiatives, renewable energy, and eco-friendly practices.
Social and Economic Development: Affordable housing, healthcare, and fostering entrepreneurship.
Data-Driven Decision Making: Utilizing data for evidence-based planning and resource allocation.
Progress status
(1) Funds Utilization
As of May 1, a total of ₹38,400 crore was released for the Smart Cities Mission.
Out of this amount, ₹35,261 crore has already been utilized for various projects.
The utilization of funds accounts for over 90% of the allocated budget.
(2) Project Completion
The Smart Cities Mission encompasses approximately 7,800 projects, valued at ₹1.8 lakh crore.
Among these projects, more than 5,700, valued at ₹1.1 lakh crore, have been completed.
The remaining projects are expected to be completed by June 30, 2024.
Currently, only 22 out of the 100 designated cities have successfully concluded all projects under the mission.
Conclusion
By emphasizing effective funds utilization and project completion, the government intends to transform cities into smarter, more sustainable, and citizen-centric urban spaces.
The dispute over the water share of the Krishna River between Andhra Pradesh (AP) and Telangana has remained unresolved for nine years since the bifurcation of the combined state.
About Krishna River
Explanation
Origin
Mahabaleshwar, Maharashtra
Length
Approximately 1,400 km
States swept
Maharashtra, Karnataka, Telangana, Andhra Pradesh
Tributaries
Tungabhadra, Bhima, Ghataprabha, Malaprabha, Musi
Significance
Irrigation, hydropower, drinking water
Basin
Approximately 2,59,000 sq km
Dams
Srisailam, Nagarjuna Sagar, Almatti, Koyna
Delta
Forms fertile delta in Bay of Bengal
What is Krishna Water Dispute?
The dispute dates back to the formation of AP in November 1956.
Before the formation of AP, a Gentlemen’s Agreement was signed in February 1956 by four senior leaders from different regions of Andhra.
The agreement aimed to protect Telangana’s interests and ensure equitable distribution of water resources based on global treaties.
However, the focus on irrigation facilities favored Andhra, which had existing systems developed by the British at the expense of drought-prone areas in Telangana.
Resolution achieved till now
(1) Bachawat tribunal
In 1969, the Bachawat Tribunal (KWDT-I) was established to settle the water share dispute among Maharashtra, Karnataka, and AP (before bifurcation).
The Tribunal allocated 811 tmcft (thousand million cubic feet) of dependable water to AP.
The water was later divided in a 512:299 tmcft ratio between Andhra and Telangana, respectively, based on the command area developed by each region.
The Tribunal recommended diverting water from the Tungabhadra Dam to the drought-prone Mahabubnagar area of Telangana, but this recommendation was not implemented, leading to discontent.
(2) Water-sharing arrangement after bifurcation
The AP Reorganisation Act, 2014, did not mention water shares, as the KWDT-I Award was still in force and had not specified region-wise allocations.
In 2015, the two states agreed to an ad hoc arrangement of sharing water in a 34:66 ratio (Telangana: Andhra) during a meeting convened by the Ministry of Water Resources.
The arrangement was supposed to be reviewed annually.
The Act focused on the establishment of the Krishna River Management Board (KRMB) and the Godavari River Management Board (GRMB) for water resource management.
Claims by each state
Telangana argues that it is entitled to a minimum of 70% share in the allocation of the 811 tmcft based on global practices and basin parameters.
Telangana highlights how AP diverts around 300 tmcft of water from within the basin, affecting drought-prone areas in Telangana.
AP also claims a higher share of water to protect the interests of already developed command areas.
Centre’s position
The Centre convened two meetings of the Apex Council in 2016 and 2020, involving the Union Minister and Chief Ministers of Telangana and AP, but no substantial progress was made.
In 2020, following a suggestion by the Ministry of Jal Shakti (MoJS), Telangana withdrew its petition from the Supreme Court with the assurance that the matter would be referred to a Tribunal.
However, the Centre has not taken any action on the issue for over two years, while the two states continue to engage in ongoing disputes.
Way Forward
Considering the prolonged dispute and the failure to reach a resolution, it is crucial for all stakeholders to take proactive steps. The following measures could be considered:
Mediation: Appoint an independent body or mediator to facilitate negotiations between the two states and assist in finding a fair and mutually agreeable solution.
Scientific assessment: Conduct a comprehensive scientific assessment of the basin parameters, water requirements, and the impact of existing water utilization practices to inform the allocation of water shares.
Public awareness: Raise public awareness about the importance of water conservation, efficient utilization, and sustainable practices to reduce the overall demand for water resources.
Implementation of recommendations: Act upon the recommendations of previous tribunals and committees to ensure equitable distribution of water resources and address the grievances of both states.
More deliberations: Foster a spirit of cooperation and collaboration between AP and Telangana to jointly manage and sustainably utilize the Krishna River water resources for the benefit of both regions.
It is crucial for the central government to play an active role in facilitating dialogue, providing necessary support, and expediting the resolution process to ensure a fair and just outcome for all parties involved.
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Civilsdaily IAS Hall of Fame 2022
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The Journey of Civilsdaily Rankers: Year-to-Year Growth
Here’s a list of our rankers who were a part of our mentorship program!
We still have to list down a comprehensive list from other UPSC Programs by Civilsdaily
Roll No.
Name
Rank
1019872
Uma Harathi N
3
0858695
Smriti Mishra
4
3517201
Kanika Goyal
9
6017293
Shishir Kumar Singh
16
5005936
G V S Pavandatta
22
0878394
Vaishali
23
0835608
Yadav Suryabhan Achchhelal
27
0826762
Pourush Sood
29
1500993
Aaditya Pandey
48
7815739
Sanskriti Somani
49
5404288
Aditi Varshney
57
0866165
Vaishnavi Paul
62
3513058
Pranshu Sharma
65
5412851
Chandrakant Bagoria
75
0425416
Ayan Jain
87
8701902
Jainom Jain
103
1541193
Vaibhav Priya
104
3531085
Robin Bansal
135
0814861
Neepa Manocha
144
1139059
Madhav Upadhyay
148
0887428
Harshit Goel
166
7811744
Ayesha Fathima
184
0810039
Herrsh Sharma
194
0334794
Saurabh
198
Civilsdaily Rankers UPSC-CSE 2022
Rankers’ Conversations with CDMentors
AIR-16
AIR-48Aditya Pandey AIR 48AIR-49Chandrakant Bagoria Rank 75 AIR-104AIR-162AIR-273AIR-336AIR-598
We are greatly proud of our mentors and Faculties. Their tireless efforts, step-by-step guidance, experienced mentorship, round-the-clock support, and dedication to working with the students day in and day out helped them become officers today. And this has led to this wonderful occasion where we celebrate the success of our students together!
Mentors’ and Faculties’ Mentorships
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