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Subject: Federal System

  • The move to ease Voting for Overseas Citizens

    The Union Government was exploring the possibility of allowing online voting for non-resident Indians (NRI).

    Why in news?

    • The matter of to ease voting for NRIs comes in the wake of a proposal made by the Election Commission of India (ECI).
    • The Law Ministry in November 2020 decided to extend the facility of postal ballots to eligible NRIs for the various State Assembly elections to be held in 2021.
    • The ECI then, had proposed amending the Conduct of Election Rules, 1961, in order to allow this facility.

    NRI vs. OCI

    • The term NRI is a residential status designed by the Income Tax Department of the Indian government and has efficiency only during filing Income Tax returns.
    • On the other hand, OCI is an immigration status or special visa in layman’s language provided to foreign nationals of Indian origin by the Indian government to work or live indefinitely.

    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, overseas Indian citizens are also eligible to do so.
    • In the case of overseas voters, their address mentioned in the passport is taken as the place of ordinary residence and chosen as the constituency for the overseas voter to enroll 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.
    • Proxy provisions: 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 2016 to allow service voters to use the ETPBS.
    • Under this system, postal ballots are sent electronically to 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.

    Will this facility be available to all overseas voters across countries?

    • There were news reports that the ECI had indicated to the Ministry of External Affairs that it would want postal voting introduced on a pilot basis in non-Gulf countries.
    • But the ECI had asked the Law Ministry to explore the possibility of extending postal ballots to overseas electors and not restrict it to any particular country.
    • In March 2021, the Ministry of External Affairs informed ECI that the implementation could require to overcome “huge logistical challenges” and needs “a realistic assessment of requirements”

    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 the 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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  • Delhi Municipal Corporation (Amendment) Bill, 2022

    The Delhi Municipal Corporation (Amendment) Bill, 2022 was tabled in Lok Sabha.

    What is the MCD Amendment Bill?

    • The Bill seeks to amend The Delhi Municipal Corporation Act, 1957, to effectively undo the earlier 2011 amendment to the Act.
    • Under the 2011 Act, the erstwhile Municipal Corporation of Delhi (MCD) was trifurcated into separate North, South, and East Delhi Municipal Corporations.

    Key features of the Bill

    (1) Unification of Municipal Corporations in Delhi:

    • The Bill replaces the three municipal corporations under the Act with one Corporation named the Municipal Corporation of Delhi.

    (2) Powers of the Delhi government:

    • The Act as amended in 2011 empowers the Delhi government to decide various matters under the Act.
    • These include:
    1. Total number of seats of councillors and number of seats reserved for members of the Scheduled Castes,
    2. Division of the area of corporations into zones and wards,
    3. Delimitation of wards,
    4. Matters such as salary and allowances, and leave of absence of the Commissioner,
    5. Sanctioning of consolidation of loans by a corporation, and
    6. Sanctioning suits for compensation against the Commissioner for loss or waste or misapplication of Municipal Fund or property
    • Similarly, the Act mandates that the Commissioner will exercise his powers regarding building regulations under the general superintendence and directions of Delhi government.
    • The Bill instead empowers the central government to decide these matters.

    (3) Number of councillors:

    • The Act provides that the number of seats in the three corporations taken together should not be more than 272.
    • The 14th Schedule to the Act specifies 272 wards across the three Corporations.
    • The Bill states that the total number of seats in the new Corporation should not be more than 250.

    (4) Removal of Director of Local Bodies:

    • The Act provides for a Director of Local Bodies to assist the Delhi government and discharge certain functions which include:
    1. Coordinating between Corporations,
    2. Framing recruitment Rules for various posts, and
    3. Coordinating the collecting and sharing of toll tax collected by the respective Corporations.
    • The Bill omits this provision for a Director of Local Bodies.

    (5) Special officer to be appointed by the central government:

    • The Bill provides that the central government may appoint a Special Officer to exercise powers of the Corporation until the first meeting of the Corporation is held after the commencement of the Bill.

    (6) E-governance system for citizens:

    • The Bill adds that obligatory functions of the new Corporation will include establishing an e-governance system for citizen services on anytime-anywhere basis for better, accountable, and transparent administration.

    (7) Conditions of service for sweepers:

    • The Act provides that a sweeper employed for doing house scavenging of a building would be required to give a reasonable cause or a 14 day notice before discontinuing his service.
    • The Bill seeks to omit this provision.

    Issues with the Amendment Bill

    The Bill, when passed, will not return the MCD exactly to its pre-2011 situation.  There are many sections in the Bill that will make the new MCD very different from the older one.

    • New delimitation exercise: Reducing the number of seats means a new delimitation exercise will have to be conducted, which experts say will take at least three months, but is more likely to take six months.
    • Bureaucratization: Appointing a Special Officer means that until the elections are concluded, the Centre will likely appoint an officer to run the corporation. The Bill also does away with the provision of appointing a Director of Local Bodies by the Delhi government.
    • Central hegemony: The other significant change is the replacement of the word “government” with “Central government” in all places. The bill hence seeks to curtail the powers of the elected govt of New Delhi by introducing central hegemony.

     

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  • What is Article 355 of Indian Constitution?

    Considering the law and order situation in West Bengal, some politicians demanded the invoking of Article 355 to ensure the State is governed as per the provisions of the Constitution.

    What is Article 355?

    • It states that-

    “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.”

    Cases for its invocation

    • This article thus comes handy when there are communal violence incidents. Over the period, this article has gained a different texture.
    • We know that the “public order” and “police” are state subject and states have exclusive power to legislate on these matters.
    • These subjects were entrusted to states because states would be in better position to handle any law and order problem.
    • Management of Police by states was also seen as administratively convenient and efficient.
    • However, there might be some circumstances where states are unable to maintain public order and protect people.
    • In such situation, centre can invoke article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc.

     

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  • Krishna Water Allocation Dispute

    The Supreme Court has asked if the States of Telangana, Andhra Pradesh, and Karnataka could amicably settle their quarrel over the allocation of the Krishna river water.

    Krishna River Dispute

    • The Krishna is an east-flowing river that originates at Mahabaleshwar in Maharashtra and merges with the Bay of Bengal, flowing through Maharashtra, Karnataka, Telangana, and AP.
    • Together with its tributaries, it forms a vast basin that covers 33% of the total area of the four states.
    • A dispute over the sharing of Krishna waters has been ongoing for many decades, beginning with the erstwhile Hyderabad and Mysore states, and later continuing between successors.

    Krishna Water Disputes Tribunal

    • In 1969, the Krishna Water Disputes Tribunal (KWDT) was set up under the Inter-State River Water Dispute Act, 1956, and presented its report in 1973.
    • The report, which was published in 1976, divided the 2060 TMC (thousand million cubic feet) of Krishna water at 75 percent dependability into three parts.
    • It was 560 TMC for Maharashtra, 700 TMC for Karnataka, and 800 TMC for Andhra Pradesh.
    • At the same time, it was stipulated that the KWDT order may be reviewed or revised by a competent authority or tribunal any time after May 31, 2000.
    • Afterward, as new grievances arose between the states, the second KWDT was instituted in 2004.
    • It delivered its report in 2010, which made allocations of the Krishna water at 65 percent dependability and for surplus flows as follows: 81 TMC for Maharashtra, 177 TMC for Karnataka, and 190 TMC for Andhra Pradesh.

    Row over the share

    • Andhra Pradesh has since asked that Telangana be included as a separate party at the KWDT and that the allocation of Krishna waters be reworked among four states, instead of three.
    • Maharashtra and Karnataka are now resisting this move since Telangana was created following the bifurcation of Andhra Pradesh.
    • Therefore, the allocation of water should be from Andhra Pradesh’s share which was approved by the tribunal.

    Duo’s stance

    • It is relying on Section 89 of The Andhra Pradesh State Reorganization Act, 2014, which reads:
    • The term of the Krishna Water Disputes Tribunal shall be extended with the following terms of reference, namely:
    1. shall make a project-wise specific allocation, if such allocation has not been made by a Tribunal constituted under the Inter-State River Water Disputes Act, 1956;
    2. shall determine an operational protocol for project-wise release of water in the event of deficit flows.
    • For the purposes of this section, it is clarified that the project-specific awards already made by the Tribunal on or before the appointed day shall be binding on the successor States.

     

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  • What is Privilege Motion?

    An MP from Telangana submitted a Privilege Motion against PM regarding his remarks over the bifurcation of the erstwhile state of Andhra Pradesh.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges, and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a Privilege Motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under the law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offenses against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the Privileges Committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

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  • Opinion polls

    Every election season, we find television channels flooded with opinion polls and subsequently exit polls after the casting of votes.

    What are Opinion Polls?

    • Opinion polls are similar to surveys or an inquiry designed to gauge public opinion about a specific issue or a series of issues in a scientific and unbiased manner.
    • This term has got wide recognition for assessing outcomes of elections in India.
    • In most democracies, opinion and exit polls are common during elections.
    • In India, the ECI allows the dissemination of the exit poll results half an hour after the end of polling on the last poll day.

    How are they conducted?

    • Interviewers/reporters ask questions of people chosen at random from the population being measured.
    • Responses are given, and interpretations are made based on the results.
    • It is important in a random sample that everyone in the population being studied has an equal chance of participating.
    • Otherwise, the results could be biased and, therefore, not representative of the population.

    Need of such polls

    • Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
    • Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
    • Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.

    Issues with such polls (in context to elections)

    • Authenticity: Critics have often questioned their authenticity.
    • Manipulation of voters: This largely manipulates the voting behavior.
    • Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
    • Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.

    Why does it persist in India?

    Ans. Exercise of Free Speech

    • The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
    • What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.

    Limited restrictions that we have in India

    • RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
    • Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
    • Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
    • Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).

    Examples of restrictions

    • Restrictions are imposed in many countries, extending from two to 21 days prior to the poll — Canada, France, Italy, Poland, Turkey, Argentina, Brazil, Colombia, to name a few examples.
    • In India, all political parties too have opposed these polls, demanding a ban — except when they are shown as winning.

    Why does the ECI feel that opinion polls interfere with free and fair elections?

    • Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
    • Opacity: Almost all polls are non-transparent, providing little information on the methodology.
    • Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
    • Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
    • Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.

    Call for a ban in India

    • The demand for a ban on opinion polls is not new.
    • At all-party meets called by the Election Commission in 1997 and 2004, there was unanimous demand for a ban.
    • The difference of opinion was only on whether the ban should apply from the announcement of the poll schedule or the date of notification.

    Moves by ECI

    • In 1998, the ECI issued guidelines that were challenged in the SC.
    • A five-judge Constitution Bench asked the ECI how it would enforce these decisions in the absence of a law.
    • Realizing its weakness, the ECI withdrew the guidelines.
    • Unfortunately, this left the constitutionality of the issue

    Way forward

    • Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
    • Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.

     

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  • Legislative Powers of Governor

    Tamil Nadu CM has charged that the Governor that he had failed to perform the duty vested in him by the Constitution when it came to deciding on the Bill adopted in the Legislative Assembly against the National Eligibility cum Entrance Test (NEET).

    What is the issue?

    • The Governor had returned the Bill to the Assembly Speaker instead of forwarding it for Presidential assent.

    Constitutional Powers of the Governor

    • Article 154: The executive power of the state shall be vested in the
      governor and shall be exercised by him either directly or through
      officers subordinate to him in accordance with this Constitution.
    • Article 163 (1): There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
    • Article 163 (2): If any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.
    • The governor has constitutional discretion in the following cases:
      a) Reservation of a bill for the consideration of the President (Articles 200 and 201).
      b) Recommendation for the imposition of the President’s Rule in the state (Article 356).
      c) While exercising his functions as the administrator of an adjoining Union territory (in case of an additional charge).
      d) Special responsibility in 5th and 6th schedule areas.
      e) Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
    • Also, the governor has situational discretion (i.e., the hidden discretion derived from the exigencies of a prevailing political situation) in the following cases:
      a) Appointment of the chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
      b) Dismissal of the council of ministers when it cannot prove the confidence of the state legislative
      assembly.
      c) Dissolution of the state legislative assembly if the council of ministers has lost its majority.

    What are the Legislative Powers of Governor?

    Governor summons the sessions of both houses of the state legislature and prorogues them.

    • The governor can even dissolve the State Legislative Assembly.
    • These powers are formal and the governor’s use of these powers must comply with the advice of the Council of Ministers headed by the Chief Minister.
    • He addresses the first session of the state legislature after the general elections in the state.

    Appointments to the legislature

    • He appoints 1/6th members of the State Legislative Council in states wherever there is a bicameral legislature.
    • He nominates one member in the state legislative assembly from the Anglo-Indian Community if in view; the community is not well represented.
    • Governor is empowered under Article 192 to disqualify a member of the State legislature when the election commission recommends that the legislator is no longer complying with provisions of Article 191.

    Passing of Bills

    • All the bills passed by the state legislatures are sent to the Governor for assent.
    • Once a bill is sent to Governor for assent, he can:
      a) Give assent to the bill
      b) Withhold the assent
      c) Return the bill to the legislature for reconsideration if it is not a money bill.
      d) If the bill is re-passed by the legislature with or without amendment, the governor has to give assent to the bill.
      e) Reserve the bill for consideration of the President.

    When is the Bill sent to the President?

    This is done under the circumstances when a bill:

    1. Violates the constitution or against directive principles of state policy (DPSP)
    2. Conflict with union powers
    3. Against the larger interest of the country and people
    4. May endanger the position of the high court in the state.

    Ordinance making power

    • When the state legislature is not in session and the governor considers it necessary to have a law, then the governor can promulgate ordinances.
    • These ordinances are submitted to the state legislature at its next session.
    • They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier.

    Others

    • As per Articles 165 and 177, Governor can ask the Advocate General to attend the proceedings of both houses of the state legislature and report to them any unlawful functioning if any.

    Concerns with the role of governor

    • Misuse of discretionary powers: States allege that this provision has often been misused by the governor who acts on the behest of the union government which is opposed to the basic scheme of the Indian Constitution.
    • Appointment by centre: This often leads to the appointment of persons aligning with the party’s ideology to the post of Governor and he/she remains faithful to the Union government of the day rather than acting on the advice of the State Executive.
    • Arbitrary removal: Even after Supreme Court Judgement in B.P. Singhal v. Union of India calling for a fixed tenure for Governors to encourage neutrality and fairness in the discharge of their duties, it is not being implemented on the ground.

     

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  • Jammu and Kashmir Delimitation Commission likely to get another extension

    The J&K Delimitation Commission is likely to get a second extension of its term this month.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    Delimitation in J&K

    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
    • However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    Factors considered during Delimitation

    • The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
    • The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
    • The remoteness of the place, inaccessibility etc are also considered during the exercise.

    Concerns raised over Delimitation

    • Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
    • Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
    • Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.

    Do not forget to answer this PYQ in the comment box:

    Q.With reference to the Delimitation Commission, consider the following statements:

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

     

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  • Keeping the spirit of federalism alive

    Context

    Conscious recognition of the federal character of our polity is essential to protect our national character.

    Federal spirit and ideas in Indian Constitution

    • Conscious of the differential needs of the populations of different states, the drafters of the Constitution made provisions for an equitable share of powers and responsibilities among different levels of governments. 
    • The lists in the 7th Schedule of the Constitution — Union, state and concurrent — are an example of this division, wherein each level of government has its own sphere, enabling context-sensitive decision-making.
    • Local self-government: Later, institutions for local self government were added through the 73rd and 74th amendments, which strengthened grass roots democracy.
    • Division of responsibility: Article 246 and Article 243 G provide for this division of responsibilities.
    • Finance Commission: Article 280 provided for the constitution of Finance Commission to define the financial relationship and terms between the Union and states.
    • Inter-State Council: Article 263 provided for the establishment of an Inter-State Council for smooth transition of business between the Union and states and resolution of disputes.
    • The inter-state tribunals, the National Development Council and other informal bodies have served as vehicles of consultations between the Union, states and UTs.
    • Rajya Sabha: Apart from these institutions and the Rajya Sabha, the Constitution makers also left much scope for consultative and deliberative bodies so as to strengthen the spirit of cooperation and federalism.

    Steps against the spirit of federalism

    • The Planning Commission has been scrapped.
    • The Inter-State Council has met only once in the last seven years while the National Development Council has not met at all. 
    •  The tenure of the 15th Finance Commission was mired in controversy and many states expressed apprehensions about devolution.
    • The GST has already taken away much of the autonomy available to states and has made the country’s indirect tax regime unitary in nature.
    • Article 370 was removed without consulting the state legislature.
    • Parliament legislated on “agriculture”, entry no. 14 in the state list, to enact the three contentious farm laws, overstepping its jurisdiction and imposing a law on the states.
    •  The New Education Policy has been flagged as encroaching on the federal nature of the polity.
    •  The BSF’s jurisdiction was extended in Assam, West Bengal and Punjab without any consultation with the concerned states.
    • The constitutional office of governor has come under scrutiny several times for encroaching on the powers of state executive and legislature.

    Conclusion

    It should be underlined that Article 1 of our Constitution declares that “India that is Bharat is a union of states”, and that devolution of powers is necessary in such a setting.

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  • In news: Interstate River Water Disputes Act, 1956

    Karnataka CM has said irrigation projects are bogged down by river water sharing disputes and asked the Centre to ‘revisit the Inter-State River Water Disputes (IWRD) Act since the law is creating more disputes than resolving them’.

    About IWRD Act

    • The IWRD Act, 1956 aims to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
    • Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.
    • This act is confined to states of India and not applicable to union territories.
    • Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted.

    Jurisdictions over Rivers

    • River waters use / harnessing is included in states jurisdiction.
    • However, Union government can make laws on regulation and development of inter-State rivers and river valleys to the extent such water resources are directly under its control when expedient in the public interest.
    • When union government wants to take over a interstate river project under its control by law, it has to take approval of the riparian states’ legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution.
    • When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend on the dispute that has arisen between the states of India.

    Resolution of disputes

    • Dispute resolution is a layered process, as mandated by the ISWD Act.
    • After receiving a complaint from a state, the Union government first tries to mediate. It is only when negotiations fail that the Centre is required to form a tribunal to adjudicate the dispute.
    • If a State Government makes a request regarding any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, then a Tribunal is constituted.

    Constitution of Tribunal

    • Whenever the riparian states are not able to reach amicable agreements on their own in sharing of an interstate river waters, section 4 of IRWD Act provides for a Tribunal.
    • The tribunal shall not only adjudicate but also investigate the matters referred to it by the central government and forward a report setting out the facts with its decisions.
    • The tribunal responsibility is not limited to adjudication of issues raised by the concerned states and but investigation of other aspects such as water pollution, water quality deterioration, flood control etc.

    Time-frame for dispute resolution

    • The tribunals have been allotted three years to arrive at a final decision, extendable by two years.
    • The 2002 Amendment to the ISWD Act specified a one-year limit on the timeline allowed to carry out the process of dispute resolution.

    Active tribunals in India

    • Ravi & Beas Water Tribunal (1986) – Punjab, Haryana, Rajasthan
    • Krishna Water Disputes Tribunal II (2004) – Karnataka, Telangana, Andra Pradesh, Maharashtra
    • Mahadayi Water Disputes Tribunal (2010) – Goa,Karnataka, Maharashtra
    • Vansadhara Water Disputes Tribunal (2010) – Andra Pradesh & Odisha
    • Mahanadi Water Disputes Tribunal (2018) – Odisha & Chattisgarh

    Need for the IWRD Act

    • Major inter-state river basins: India has 25 major river basins, with most rivers flowing across states.
    • Equitable distribution of water: As river basins are shared resources, a coordinated approach between the states is necessary for the preservation, equitable distribution and sustainable utilization of river water.
    • Hydro-politics: Much recently, interstate rivers in India have become sites of contestations, fuelled by conflicting perceptions of property rights, flawed economic instruments for food security.
    • Sustainability: This has led to a lack of an integrated ecosystems approach, and the prevalence of reductionist hydrology for water resource development.

    Issues with IRWD Act

    • Centre’s dilemma: Since river water falls within the ambit of State Subjects, its governance remains confined to the limits of the state political discourse.
    • Interference of Judiciary: The apex court has limited the role of the tribunals to quantification and allocation of water between riparian states, and its own role is to be an interpreter of the awards and agreements.
    • Colonial award: The history of colonial rule has led to the creation of asymmetries between states, and the present water disputes stem from the reproduction of this imperial and colonial power relation.
    • Structural issues: Various operational characteristics of the tribunals as problematic, since they do not adhere to any established system.
    • Operational issues: For instance, the sittings are not routine, the functioning is outside the regular court system, and day-to-day or week-to-week hearings are few and far in between.

    Why this has become a sensitive topic?

    • Associated ethnicity: At the state level, river water is politically perceived as part of the larger issue of “regional sharing of resources,” which is linked with the ethnic and cultural identity of the state and its people.
    • Matter of autonomy: The political narrative around river disputes is subsumed within the question of regional rights, and any possibility of water sharing is seen as a compromise or infringement on the regional autonomy of a state.
    • Identity politics: Hence, the political narrative around the river disputes jumps to a larger scale of identity politics.

    Way forward

    • For such dispute resolution, all other recourses such as mediation and conciliation must remain viable options.
    • These should operate simultaneously along with adjudication and political consensus among the riparian states.
    • Directly approaching the Supreme Court may result in adversarial outcomes, with the conflict reaching a point of no return.

     

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