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  • Yellowstone NP celebrates its 151st anniversary

    yellow

    Yellowstone National Park, which celebrated its 151st anniversary earlier this week, is widely considered to be the first national park in the world.

    Yellowstone National Park

    • It is a large protected area located primarily in the U.S. state of Wyoming, although it also extends into Montana and Idaho.
    • It was established in 1872 and is widely considered to be the first national park in the world.
    • It spans an area of over 9,000 sq. km comprising lakes, canyons, rivers, iconic geothermal features such as the Old Faithful geyser, and mountain ranges.

    Some key features and attractions of Yellowstone National Park include:

    1. Geothermal features: Yellowstone is famous for its geothermal features, including geysers, hot springs, mud pots, and steam vents. The most famous of these is Old Faithful, a geyser that erupts on a regular schedule.
    2. Wildlife: Yellowstone is home to a diverse array of wildlife, including grizzly bears, wolves, bison, elk, and moose. Visitors can see these animals in their natural habitats throughout the park.
    3. Scenic drives: The park has several scenic drives, including the Grand Loop Road, which takes visitors to many of the park’s major attractions.
    4. Fishing: The park has many rivers and lakes that offer excellent fishing opportunities, including the Yellowstone River.

     

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  • How to cover daily Newspapers in 45 mins for UPSC 2023 & 2024? LIVE with Diksha ma’am – Practical session on Current Affairs | Register & Get FREE Samachar Manthan module + Recorded Video

    How to cover daily Newspapers in 45 mins for UPSC 2023 & 2024? LIVE with Diksha ma’am – Practical session on Current Affairs | Register & Get FREE Samachar Manthan module + Recorded Video

    Register for recorded Practical session on Current Affairs for UPSC CSE to cover a daily Newspaper in 45 minutes | Get Samachar Manthan’s current week’s module for FREE
    Points You expect in this session

    Attention UPSC aspirants! Are you tired of spending hours every day reading newspapers, whether The Hindu or The Indian Express, and still feeling unprepared, frustrated, unfulfilled, and irritated wrt to current affairs for the exam?

    Do you struggle with figuring out what’s important and what’s not in the newspaper?

    Are you unsure of how to make notes from the newspaper or how to link current affairs with UPSC’s static syllabus?

    Well, fret no more! We have an exciting solution for all your current affairs and daily newspaper woes.

    Concluded successfully FREE live practical session by Senior IAS mentor Diksha Sharma, where she will take you through her expert tips and tricks to finish reading the newspaper in just 45 minutes!

    That’s right, you heard it correctly. 45 minutes is all it will take for you to cover all the components and issues areas that normally UPSC aspirants students miss.

    In this session, Diksha Sharma will show you how to read the newspaper effectively for both prelims and mains exams, how to make notes that will be useful for revision, and how to interlink current affairs with UPSC’s static syllabus. You will also learn how to practice UPSC answer writing after daily newspaper reading and how to polish your recall of current affairs knowledge.

    So, say goodbye to feeling overwhelmed and frustrated with current affairs and join us for this exciting session. Diksha Sharma’s expert guidance will help you save time, reduce stress, and prepare more efficiently for the exam. Don’t miss out on this opportunity to transform your current affairs preparation.

    Register now for free and take the first step towards success in UPSC!


    Points that we will be discussing in the Practical Session on 5th March, (Sunday) at 7:30 PM

    1. What is the basic funda to cover the Newspaper daily in a maximum of 45 minutes? 
    2. How to maintain consistency in daily newspaper reading?
    3. How to take out case studies, anecdotes, examples, and facts for mains answers and essays?
    4. How to cover current affairs holistically for Prelims, Mains, and Interviews?
    5. How to supplement Newspapers with Magazines like Yojana, Kurukshetra, etc, and make notes from them.
    6. How to focus on these:
      • Socio-economic issues like Women’s issues, Education or Health related issues, Issues or policies affecting vulnerable sections, etc.
      • Issues of national and international importance.
      • Political issues related to Indian Constitution, Legislative and Administrative processes.
      • Supreme Court or High Court verdicts.
      • Good analysis of current issues.
      • Parliamentary Debates.
      • Government policies and orders.
    7. How to pick important news topics for UPSC. How to Update all notes, etc after reading repeating News.

    Those who understand the exam syllabus and pattern well, have less anxiety but a beginner (due to less understanding of the syllabus and pattern) takes enough time to read and prepare.

    What The Hindu mentioned about Civilsdaily Mentorship

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

    AI

    Central Idea

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

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

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    Interesting: Message from Robot

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

    What is Artificial Intelligence (AI)?

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

    AI

    The AI growth in recent times

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

    AI

    The Real AI threat: AI arms race

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

    Where does India stand in the AI ecosystem?

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

    AI

    Conclusion

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

    Mains Question

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

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  • Election Commission Appointments: Supreme Court’s Landmark Order

    Election

    Central Idea

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

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    Anoop Baranwal v. Union of India: The chronology

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

    What are the issues with Election commission?

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

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

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

    Election

    Supreme court’s Judgement: A great leap

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

    Conclusion

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

    Mains Question

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

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  • South Asia Need to Invest In Human Capital

    South Asia

    Central Idea

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

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    South Asia Overview

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

    South Asia

    An underutilized asset of South Asia: Analysis

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

    Interventions that can make a difference

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

    South Asia

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

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

    Conclusion

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

    Mains question

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

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  • Nikaalo Prelims Spotlight || State and Local Government

    Dear Aspirants,

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

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

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

    Evening 04 PM  – Daily Mini Tests

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

    Join our Official telegram channel for Study material and Daily Sessions Here


    3rd Mar 2023

    State government 

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

    CHAPTER I.—GENERAL

    Article 152 : Definition

    CHAPTER II.—THE EXECUTIVE

    ARTICLE 153:  GOVERNORS OF STATES

    ARTICLE 154: EXECUTIVE POWER OF STATE

    ARTICLE 155: APPOINTMENT OF GOVERNOR

    ARTICLE 156: TERM OF OFFICE OF GOVERNOR

    ARTICLE 157: QUALIFICATIONS FOR APPOINTMENT AS GOVERNOR

    ARTICLE 158: CONDITIONS OF GOVERNOR’S OFFICE

    ARTICLE 159: OATH OR AFFIRMATION BY THE GOVERNOR

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

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

    ARTICLE 162: EXTENT OF EXECUTIVE POWER OF STATE

    Info-bits related to Governor of States

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

     

    Article 163: Council of Ministers to aid and advise Governor

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

    164: Other provisions as to Ministers

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

    Info-bits related to Council of Ministers in States

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

    State Legislature

    Article 168: Constitution of Legislatures in States.

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

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

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

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

    Article 170: Composition of the Legislative Assemblies.

    Article 171: Composition of the Legislative Councils.

    Article 172: Duration of State Legislatures.

    Article 173: Qualification for membership of the State Legislature.

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

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

    Article 176: Special address by the Governor.

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

     

    Info- Bits related with State Legislature

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

    Local self-government


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

    History of local administration

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

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

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

    1. Balwant Rai Mehta Committee (1957)

    2. Ashok Mehta Committee (1977-1978)

    3. G V K Rao Commitee (1985)

    4. L M Singhvi Committee (1986) 

     

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

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

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

    Types of Urban Local Government

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

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

    Elections in the local government bodies

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

    Qualifications needed to be a member of the Panchayat or Municipality

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

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

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

    Duration of the Local Government bodies

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

    Powers invested with Local Government bodies

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

     

     
     
     
  • Supreme Court verdict on ECI appointments

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

    Supreme Court Ruling

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

    Why such move?

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

    Why did the SC debate the issue?

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

    What is the challenge?

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

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

    About Election Commission of India

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

    Litigations against EC

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

    Why is EC under lens these days?

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

    Recent incidence of criticisms

    Ans. Partiality in Elections

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

    Importance of ECI for India

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

    Issues with ECI

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

     

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  • FCRA licence of Centre for Policy Research suspended

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

    About CPR

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

    Why was its licence suspended?

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

    What is FCRA?

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

    Why was FCRA enacted?

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

    What was the recent Amendment?

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

    How has the law changed?

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

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

    What is the criticism against these changes?

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

    What does the Government say?

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

    Supreme Court’s observation

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

    Supreme Court’s assessment of Foreign Funds

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

    Way forward

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

     

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