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Subject: Federal System

  • SC to examine if Electoral Bond pleas need to be referred to Constitution Bench

    bond

    The Supreme Court will examine whether petitions challenging the validity of the electoral bonds scheme need to be referred to a Constitution Bench.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

    What are Electoral Bonds?

    • Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
    • It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
    • The citizen or corporate can then donate the same to any eligible political party of his/her choice.
    • An individual or party will be allowed to purchase these bonds digitally or through cheque.

    About the scheme

    • A citizen of India or a body incorporated in India will be eligible to purchase the bond
    • Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
    • The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
    • The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
    • Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).

    Objective of the scheme

    • Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.

    Who can redeem such bonds?

    • The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
    • Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.

    Restrictions that are done away

    • Earlier, no foreign company could donate to any political party under the Companies Act
    • A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
    • As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
    • The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
    • Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.

    Issues with the Scheme

    • Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
    • No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
    • No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
    • Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
    • Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.

    Way ahead

    • The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
    • The concern about the possibility of misuse of funds is very pertinent.
    • The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
    • Another feasible option is to establish a National Election Fund to which all donations could be directed.
    • This would take care of the imaginary fear of political reprisal of the donors.
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  • E-Postal Ballot for Overseas Indian Voters

    post-vote

    Central idea: The Election Commission of India (EC) has proposed to facilitate the electronically-transmitted postal ballot system for overseas Indian voters.

    Why such a move?

    • The total number of overseas voters on January 1, 2023, was over 1.15 lakh.

    Measures taken

    • The Representation of the People (Amendment) Bill, 2018 was passed by the Lok Sabha in August 2018 on the recommendation of the EC.
    • The Bill sought to enable overseas electors to cast their vote either in person or by proxy.
    • However, it lapsed when the 16th Lok Sabha was dissolved as it was pending in the Rajya Sabha.

    How can overseas voters currently vote in Indian elections?

    • Prior to 2010, an Indian citizen who is an eligible voter and was residing abroad for more than six months, would not have been able to vote in elections.
    • This was because the NRI’s name was deleted from electoral rolls if he or she stayed outside the country for more than six months at a stretch.
    • After the passing of the Representation of the People (Amendment) Act, 2010, eligible NRIs who had stayed abroad beyond six months have been able to vote, but only in person at the polling station where they have been enrolled as an overseas elector.
    • Just as any resident Indian citizen above the age of 18 years) is eligible to vote in the constituency where she/he is a resident, and overseas Indian citizens are also eligible to do so.
    • In the case of overseas voters, the address mentioned in the passport is taken as the place of ordinary residence and chosen as the constituency for the overseas voter to enrol in.

    How has the existing facility worked so far?

    • Hike in voters: From merely 11,846 overseas voters who registered in 2014, the number went up to close to a lakh in 2019. But the bulk of these voters (nearly 90%) belonged to just one State — Kerala.
    • Section 20-1A, Part III of the RP Act: It addresses this to some extent by qualifying “a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
    • Proxyprovisions: The Bill provided for overseas voters to be able to appoint a proxy to cast their votes on their behalf, subject to conditions laid down in the Conduct of Election Rules, 1961.
    • Electronically Transmitted Postal Ballot System: The ECI then approached the government to permit NRIs to vote via postal ballots similar to a system that is already used by service voters, (a member of the armed Forces of the Union; or a member of a force to which provisions of the Army Act, 1950 (46 of 1950) which is ETPBS. The ECI proposed to extend this facility to overseas voters as well.

    What is ETPBS and how does it function?

    • The Conduct of Election Rules, 1961 was amended in 2016to allow service voters to use the ETPBS.
    • Under this system, postal ballots are sent electronicallyto registered service voters.
    • The service voter can then download the ETPB(along with a declaration form and covers), register their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail.
    • The post will include an attested declaration form(after being signed by the voter in the presence of an appointed senior officer who will attest it).
    • The postal ballot must reach the returning officer by 8 a.m.on the day of the counting of results.
    • In the case of NRI voters, those seeking to vote through ETPBS will have to inform the returning officer at least five days after notification of the election.

    Are postal ballots a viable means of voting?

    • The ETPBS method allowed for greater turnout among service voters in the 2019 Lok Sabha election.
    • With the increasing mobility of citizens across countries for reasons related to work, the postal ballot method has been internationally recognized.
    • A postal ballot mechanism that allows for proper authentication of the ballot at designated consular/embassy offices and an effective postal system should ease this process for NRIs.

    Back2Basics: NRI vs OCI

    Non-Resident Indian (NRI)

    • To mention it, NRI is someone who is not a resident of India.
    • However, the law is much more complicated and must be delved deeper to gain an inclusive insight into the sector.
    • A person is considered a resident of India if he/she has been staying in India for a minimum tenure of 182 days during the previous financial year of a particular year. OR
    • A person living in India for a total of 365 days during the previous four financial years and a minimum of 60 days during the last financial years is considered a citizen for a particular year.
    • Now an NRI or a non-resident of India is eligible to pay charges for only the first two situations, which means either the income received or earned in India.
    • Therefore, the NRI status also influences the enjoyable rights of that person.

    Overseas Citizen of India (OCI)

    • OCI is a card issued by the government of India that denotes that a non-resident or foreigner has been permitted to stay and work within Indian boundaries.
    • Hence, this card provides foreigners with an immigration status without any limited tenure.
    • There are cases where PIOs of specific categories are allowed for OCI cards that have migrated from India to foreign countries (except Pakistan and Bangladesh) if the other government agrees for dual citizenship.
    • An individual holding an OCI card can be an overseas citizen of India in layman’s language.
    • So an OCI is not a citizen of India, but the Indian government has given the cardholder permission to reside and work within the boundaries of India.
    • Residents migrating from Pakistan and Bangladesh are not eligible for holding the OCI card. Even if their parents are citizens of both countries, the applicants will be denied having an OCI card.

     

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  • Supreme Court verdict on ECI appointments

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

    Supreme Court Ruling

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

    Why such move?

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

    Why did the SC debate the issue?

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

    What is the challenge?

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

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

    About Election Commission of India

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

    Litigations against EC

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

    Why is EC under lens these days?

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

    Recent incidence of criticisms

    Ans. Partiality in Elections

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

    Importance of ECI for India

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

    Issues with ECI

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

     

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  • Corrupt Practices according to Representation of People Act, 1951

    Central idea: The article provides an overview of Sections 123 (2) and Section 123 (4) of the Representation of People’s Act, 1951. It highlights how the section makes it illegal for candidates who have been convicted of certain offenses to contest elections to Parliament and state legislatures.

    Recent context: Promise of Freebies

    • Recently, the Supreme Court directed to look into prayers for reconsidering its 2013 judgment in ‘S. Subramaniam Balaji vs. State of Tamil Nadu’ Case.
    • The court held that promises of freebies cannot be termed a corrupt practice. However, the matter is still yet to be decided.

    Illicit Practices under the RPA, 1951

    corrupt

    • Under the provisions of the Act, an elected representative can be disqualified if convicted of certain offences on grounds of-
    1. Corrupt practices
    2. Failing to declare election expenses
    3. Interests in government contracts or works

    What amounts to Corrupt Practices?

    • Section 123 of the Act defines ‘corrupt practices’: It includes bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
    • Section 123 (2) deals with ‘undue influence’: It defines as “any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the consent of the candidate or his election agent, with the free exercise of any electoral right.” This could also include threats of injury, social ostracism and expulsion from any caste or community.
    • Section 123 (4) extends ambit of “corrupt practices”: It covers the intentional publication of false statements which can prejudice the outcome of the candidate’s election.

    What practices has the court held as corrupt practices in the past?

    • Jamuna Prasad Mukhariya v. Lacchi Ram, 1995: The encroachment of religion into secular activities is strictly prohibited, the court stated while adding that the same is clear from Section 123(3). However, even as far back as 1955, the Apex Court in Jamuna Prasad Mukhariya Case upheld the constitutional validity of Section 123 (3).
    • SR Bommai v. Union of India, 1994: In this case, otherwise held secularism to be a part of the ‘basic structure’, the court said, “whatever the attitude of the State towards the religions, religious sects, and denominations, religion cannot be mixed with any secular activity of the State.”
    • Abhiram Singh v C.D. Commachen, 2017: In 2017, a seven-judge constitution bench of the apex court held that an election will be annulled if votes are sought in the name of a candidate’s religion, race, caste, community, or language, as per Section 123 (3) which prohibits the same.

     

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  • How did Election Commission decide who gets Party Symbol?

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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  • Expunging Un-Parliamentary Speeches from Records

    Portions of a politicians’ speech delivered in Lok Sabha have been expunged — or removed — from the records of Parliament by the orders of the Speaker.

    Constitutional immunity for parliamentary speeches

    • Under Article 105(2) of the Constitution, “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said…in Parliament or any committee thereof”.
    • However, MPs don’t enjoy the freedom to say whatever they want inside the House.
    • The speech of MPs is subject to the discipline of the Rules of Parliament, “good sense” of its Members, and the control of proceedings by the Speaker.
    • These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.

    How should Parliamentary Speeches be?

    • The Indian Parliament has a code of conduct which requires all members to speak in a civil and courteous manner.
    • Un-parliamentary speeches are not tolerated and offenders can be suspended or even expelled from the house.
    • The Speaker has the power to expunge any un-parliamentary speech from the record of the House and from the transcripts of the proceedings.

    Disciplinary action against unruly speeches

    • The Lok Sabha Speaker has the power to expunge any un-parliamentary speech made in the House.
    • The Speaker can also refer the matter to the Ethics Committee for further action.
    • The Speaker can also refer the matter to the Ethics Committee for further action which may include imposing fines and imprisonment for a period of up to six months.
    • The Speaker may also order the offender to apologize to the House.
    • Similar is the procedure with the Rajya Sabha Chairman.

    What is the expunging of speeches?

    • The expunging of certain words, sentences, or portions of a speech from the records is fairly routine procedure, and is carried out in accordance with laid down rules.
    • The decision on which parts of the proceedings are to be expunged lies with the Presiding Officer of the House.

    What are the rules on expunging from the record?

    • Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of Business in Lok Sabha states the procedure for removal of a speech from the records.
    • Rule 381 says: The portion of the proceedings of the House so expunged shall be marked by asterisks and an explanatory footnote shall be inserted in the proceedings as follows: ‘Expunged as ordered by the Chair’.”

    What happens after a word has been expunged?

    • Expunged portions of the proceedings cease to exist in the records of Parliament, and they can no longer be reported by media houses, even though they may have been heard during the live telecast of the proceedings.
    • However, the proliferation of social media has introduced challenges in the watertight implementation of expunction orders.

    Way forward

    • Parliamentary speeches should be polite, respectful and dignified, avoiding any kind of personal attacks or slurs.
    • They should focus on the issue at hand, avoiding any kind of partisan rhetoric.
    • No offensive language should be used and all debates should be conducted in an atmosphere of mutual respect and understanding.
    • As a rule, all speakers should show due consideration for their colleagues and refrain from any kind of personal criticism.
    • They should stick to the facts and avoid unsubstantiated claims. Parliamentary speeches should be concise, clear and fact-based.
    • Finally, all speakers should remain mindful of their role as representatives of the people and should strive to maintain the highest standards of public discourse.

     

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  • Vishakhapatnam is Andhra Pradesh’s new Capital

    vishakha

    Visakhapatnam will be the new capital of Andhra Pradesh, announced the Chief Minister.

    AP’s move for three capitals

    • AP had introduced a ‘Three Capitals Act’ titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • Thus, it was decided that:
    1. Amaravati was to be the Legislative capital
    2. Visakhapatnam the Executive capital and
    3. Kurnool the Judicial capital
    • However, the Andhra Pradesh High Court repealed this Act citing that the legislature has no competence to enact any law for shifting the three organs of the capital.

    Concerns raised by AP government

    • AP contended that the judgement was in violation of the basic structure of the Constitution as the HC cannot hold that the State does not have the powers to decide on its capital.
    • The judgement was against the doctrine of separation of powers as it sought to preempt the legislature from taking up the issue (of three capitals).
    • Further, it is argued that under the federal structure of the Constitution, every State has an inherent right to determine where it should carry out its capital functions from.

    Reasons for AP’s consideration

    (1) Viable option of Visakhapatnam

    • Vizag always had been the biggest city, after Hyderabad, even in the combined State.
    • It has all the settings to become a good living space.

    (2) Sri Krishna panel recommendations

    • The advantages and qualities of Visakhapatnam to become the capital was elaborately deliberated by the Sri Krishna Committee to study the alternatives for a new capital for the State of Andhra Pradesh.
    • Coming to suggestion for the alternative capital, the Committee primarily took up three things for consideration — creation of single city or super city in greenfield location, expanding existing cities and distributed development.

    (3) Decentralisation

    • This idea was elaborately described in the Sri Bagh pact.
    • The pact clearly defined decentralisation, for the benefit of all three main regions such as Coastal AP, Godavari and Krishna districts and Rayalaseema.

    Major practical problems

    • Continuum of work: The government argues that the Assembly meets only after gaps of several months, and government Ministers, officers, and staff can simply go to Amaravati when required.
    • Logistics nightmare: coordinating between seats of legislature and executive in separate cities will be easier said than done.
    • Time and costs of travel: The distances in Andhra Pradesh are not inconsiderable. Executive capital Visakhapatnam is 700 km from judicial capital Kurnool, and 400 km from legislative capital Amaravati.

    Examples of multi-capital states in India

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which holds the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals where Darbar Move is carried out.

     

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  • PM greets people on Statehood day of Tripura, Manipur, Meghalaya

    state

    Prime Minister has greeted people of three northeast states- Tripura, Manipur and Meghalaya on their Statehood Day.

    What is the news?

    • Today marks the 51st anniversary of the formation of the states, which were created on this day in 1972.
    • While Manipur and Tripura were princely states which were absorbed into India in October 1949, Meghalaya, on the other hand, was part of Assam.
    • The states came into being the North-Eastern Areas (Reorganisation) Act, 1971, enacted on December 30 that year.

    Quick backgrounder

    • These states attained statehood under the North Eastern Region (Reorganization) Act of 1971.
    • The NE composition consisted of Assam plains from the old Assam Province, the hill districts, and the North Eastern Frontier Tracts (NEFT) of the North-Eastern borderland.
    • Later on the NE region was turned into seven sisters with the statehood of Manipur, Tripura, Meghalaya, Assam, Mizoram, Arunachal Pradesh, and Nagaland.

    [1] Meghalaya

    • Apart from accounts of the more essential Khasi kingdoms in the chronicles of the neighbouring Ahoms and Kacharis, little is known of Meghalaya prior to the British rule.
    • However, in the early 19th century, the British desire to build a road through the region to link Bengal and Assam led to a treaty with the ruler (Syiem) of the Khasi principality of Nonkhlaw.
    • In 1829, opponents of the treaty persuaded the Syiem to repudiate it, and a subsequent attack on Britishers led inevitably to its military operations against the Khasis.
    • By the mid-1830s, most local rulers had submitted to the British.
    • For the next century, the British exercised its political control over the area, then known as the Garrows and Cossiya (Khasi) States, but the tribals who were left to fend themselves managed to preserve their traditional culture in seclusion.

    Integration into India

    • In 1947, the rulers of the region acceded to the newly independent India.
    • The first PM Nehru evolved a policy to preserve and protect the culture of the tribal people.
    • The region was given special protection in the Indian constitution along with other tribal areas, and it retained a great deal of autonomy.
    • In 1960, when Assamese became the state’s official language, agitation for autonomy and self-rule gathered strength.
    • Unlike many other hill regions in north-eastern India, this movement was largely peaceful and constitutional.
    • In 1970, Meghalaya became an autonomous state within Assam and achieved full statehood on January 21, 1972.

    [2] Manipur

    • Over 500 princely states had negotiated their accession to the Indian union before independence.
    • According to News Nine, the rulers of these states signed a document called the ‘Instrument of Accession’.
    • On August 11, 1947, Bodhachandra Singh, then Maharaja of Manipur, signed the document. He had been assured that the autonomy of Manipur would be maintained.
    • Elections were held in Manipur in June 1948, but its legislative assembly had differences of opinion on the merger.
    • However, the Maharaja signed a Merger Agreement with India in September 1949.

    [3] Tripura

    • Maharajas of the Manikya dynasty ruled the former princely state of Tripura.
    • It was an independent administrative unit under the Maharaja even during British rule in India.
    • However, according to Tripura State Portal, this independence was qualified, subject to the Britishers’ recognition, as the paramount power of each successive ruler.
    • As per Rajmala, in the royal chronology of Tripura, around 184 kings ruled over the state before it merged with the Indian Union on October 15, 1949.
    • Since then, the history of Tripura has been interspersed with various political, economic and social developments.

    Attainment of full statehood

    • On January 26, 1950, Tripura was accorded the status of a ‘C’ category state, and on November 1, 1956, it was recognized as a Union Territory.
    • With its people’s sustained efforts and struggle, it gained full statehood on January 21, 1972, as per the North-East Reorganisation Act, 1971.
    • Its democratic set-up further stretched to the village level in 1978 with an election to the local bodies that ultimately culminated in introducing a three-tier Panchayati Raj System.

     

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  • All Sikkimese women must be allowed to get IT relief: SC

    The Supreme Court in a judgment, held that exclusion of Sikkimese women who marry non-Sikkimese men after April 1, 2008 from exemptions under the Income Tax Act is unconstitutional and amounts to gender discrimination.

    What is the news?

    • The top court’s verdict came on appeal filed by the Association of Old Settlers of Sikkim and others seeking striking down of Section 10(26AAA) of the Income Tax Act, 1961.
    • More particularly, the definition of “Sikkimese” in Section 10 (26AAA) to the extent it excludes Indians who have settled in Sikkim prior to the merger of Sikkim with India on April 26, 1975.

    The story of Sikkim

    • Sikkim witnessed 333 years monarchical rule of Namgyal dynasty under whose reign there many invasions, foreign interference, accession and annexation.
    • On 28th March, 1861 Sikkim became a formal protectorate of the British Government and on 16th May, 1975 it became the 22nd state of the Indian Union.
    • In erstwhile Himalayan Kingdom of Sikkim, no legal rights were conferred to Sikkimese women.
    • However, after Sikkim’s merger with India such Regulations relating to Sikkim citizenship have become futile and non-operational.

    How women rights in Sikkim are different from that of mainstream India?

    The status of rights conferred to Sikkimese women is different from that of women in India. Certain conditionality were imposed upon their property or inheritance right such as the following:

    1. Immovable property inherited, gifted or purchased by women married to non-locals cannot be transferred and registered in their names.
    2. Immovable property of a Sikkimese woman cannot be transferred or registered to her legal heirs if her husband is non-Sikkimese.
    3. Mandatory requirement for Sikkimese women to submit an “unmarried certificate in all government procedures”.
    4. Identity of women is to be based on the identity of not one, but two men. A Sikkimese woman will be considered Sikkimese only if both, her father and husband are also Sikkimese

    Issues with such regulations

    • Unconstitutional: The discrimination is based on gender, which is wholly violative of Articles 14, 15 and 21 of the Constitution.
    • Gendered bias: It is to be noted that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after April 1, 2008.
    • Associating identity to marriage: A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity,” Justice Shah wrote.
    • No legal basis: Sikkim has become a part of India and all Sikkim Subjects and all Sikkimese domiciled in the territory of Sikkim have become Indian citizens.

    Note: Article 14 relates to equality before law, while Article 15 forbids discrimination on grounds of religion, race, caste, sex or place of birth, and Article 21 provides for right to life and personal liberty.

    Way ahead

    • Legal reforms: The centre shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before April 26, 1975.
    • Ensure parity: The reason for such a direction is to save the explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case.

     

     

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  • Kalasa-Banduri Nala Project

    nala

    Karnataka’s decision to go ahead with a water diversion project on river Mahadayi has escalated its long-standing dispute on the issue with neighbouring Goa.

    What is the Kalasa-Banduri Nala Project?

    • The Kalasa Banduri Nala project aims to divert water from Mahadayi to satisfy the drinking water needs of Belagavi, Dharwad, Bagalkot and Gadag districts.
    • Though the project was first proposed in the early 1980s, it has remained on paper owing to a dispute between Karnataka, Goa and Maharashtra.
    • As per plans, barrages are to be built against Kalasa and Banduri streams — tributaries of Mahadayi — and water diverted towards Karnataka’s parched districts.

    The larger issue: Mahadayi dispute

    • Mahadayi originates inside the Bhimgad Wildlife Sanctuary in the Belagavi district of Karnataka and flows into the Arabian Sea in Goa.
    • Goa, under its then CM Manohar Parrikar, approached the Centre, urging it to assess the available resources in the river and allocate water to the three basin states — Goa, Maharashtra and Karnataka.
    • Due to the protests in Goa and also due to concerns over ecological damage, the project was put on hold by the then government.
    • The dispute gained steam in 2006, when Karnataka decided to start work on the project.
    • Goa then approached the Supreme Court, seeking the creation of a Tribunal to settle the water sharing dispute.
    • A Tribunal was finally set up by the UPA government in November 2010.

    What did the Tribunal award?

    • The Tribunal in 2018 awarded 13.42 TMC water from Mahadayi river basin to Karnataka, 1.33 TMC to Maharashtra and 24 TMC to Goa.
    • In Karnataka’s share, 5.5 TMC was to meet drinking water needs and 8.02 TMC was for hydro-electricity generation.
    • Of the 5.5 TMC, 3.8 TMC was to be diverted to Malaprabha basin through Kalasa and Banduri Nalas (canals).
    • This was notified by the Central government in February 2020.

    Issues raised with the Tribunals award

    • After the Tribunal award, Goa filed a Special Leave Petition in the Supreme Court in July 2019, challenging the quantum of allocation.
    • Subsequently, in October 2020, it filed a contempt petition before the SC, accusing Karnataka of illegally diverting water from the Mahadayi basin.
    • Civil appeals were also filed by Maharashtra over the dispute.

    Also read:

    In news: Interstate River Water Disputes Act, 1956

     

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