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Subject: Federal System

  • ECI releases an Atlas on General Elections 2019

    The Election Commission of India has released ‘General Elections 2019 – An Atlas’.

    Atlas on General Elections

    • The Atlas encompasses all the data and statistical figures of this monumental event. It shares interesting facts, anecdotes and legal provisions related to the Indian elections.
    • It brings out salient features such as data of the 23 States and Uts where women voting percentage was more than the male voting percentage.
    • It has information about the largest & smallest parliamentary constituency in terms of electors, candidates and performance of political parties amongst other parameters.
    • The Atlas depicts the elector’s data in different categories and through various comparison charts like Elector Gender Ratio and electors in different age categories.
    • This Atlas serves as an informative and illustrative document that brings to light the nuances of the Indian electoral process and empowers readers to analyze trends and changes.

    Data on 2019 Elections

    • The 2019 General Elections witnessed the lowest gender gap in the history of Indian elections.
    • The Elector Gender Ratio which has shown a positive trend since 1971 was 926 in the 2019 General Elections.
    • The Atlas also compares the average number of electors per polling station in different states during the 2014 & 2019 General Elections.
    • The Election Commission of India set up over 10 lakh polling stations in General Elections 2019 with the lowest number of electors per polling station (365) in Arunachal Pradesh.

    Why was such Atlas needed?

    • Since the first General Elections in 1951-52, the Commission has been publishing a compilation of electoral data in the form of narrative and statistical books.
    • 17th General Elections conducted in 2019 were the largest democratic exercise in human history which witnessed the participation of 61.468 crore voters at 10.378 lakh polling stations spread over 32 lakh sq km.

  • Annual Review of State Laws Report, 2020

    The COVID-19 pandemic and the consequent lockdown had a huge impact on the working of the state legislatures in India.  The PRS Legislative Research’s “Annual review of state laws 2020” shows that the productivity and efficacy of State legislatures are poor.

    Annual Review of State Laws

    • This report focuses on the legislative work performed by states in the calendar year 2020.
    • It is based on data compiled from state legislature websites and state gazettes.
    • It covers 19 state legislatures, including the union territory of Delhi, which together accounts for 90% of the population of the country.

    Highlights of the report

    (1) Sittings of states

    • Compared with its average number of sitting days of 32 from 2016 to 2019, the Karnataka legislature, which is bicameral, met on 31 days last year, the highest for any State in 2020.
    • The southern State was followed by Rajasthan (29 days) and Himachal Pradesh (25 days). For comparison, Parliament met for 33 days last year.
    • In 2020, the average number of sitting days for the 19 States was 18, which was 11 less than the four-year (2016-19) average of 29.
    • Kerala, which had the distinction of remaining at the top in the four years with an average of 53 days, had only 20 days of sittings of the legislature last year.

    (2) Number of bills

    • As for the number of Bills passed last year, Karnataka again topped the list with 61 Bills, followed by Tamil Nadu (42) and Uttar Pradesh (37). For this purpose, Appropriation Bills were excluded.
    • Among poor performers under this category, Delhi passed only one Bill; West Bengal passed two Bills and Kerala three Bills.

    (3) Time taken for passing bills

    • On the duration of time taken to pass Bills, the previous year saw 59% of the Bills being passed by the legislature of the States on the day of introduction.
    • A further 14% was adopted within a day of being introduced.
    • Only 9% of the Bills were passed more than five days after introduction, some of which were referred to committees for further examination.

  • Challenges federalism faces in India

    The article highlights the challenges faced by the federalism in India in various domains and forms and suggests the ways to deal with these challenges.

    Growing tendency towards Centralisation

    • Moves to erode the powers of State governments are not new.
    • The Centre, on several occasions, has used its powers to dismiss or use the Governor to intimidate democratically elected governments.
    • During the Emergency, education was moved to the Concurrent list which was until then a State subject under the constitutional division of responsibilities.
    • However, the changes to federal relations at present are more systemic.
    • There has been increasing centralisation in resource allocations and welfare interventions.
    • After GST, the gap between the revenue that State governments are allowed to generate and the expenditure that they are expected to incur has been widening.
    • The Centre has been encroaching into domains under State government control through centrally sponsored schemes in sectors such as education and health.

    Three domains in which federalism faces challenges

    1) State-capital relation

    • At present there is growing trend towards centralising economic power in conjunction with political centralisation.
    • The consolidation and expansion of a few big business groups is taking place, probably at the expense of smaller players.
    •  On the one hand, the Centre has sought to insulate Indian big business from global competition by choosing not to enter into the Regional Comprehensive Economic Partnership (RCEP).
    • But the power of small businesses is eroded through support for GST and the call for a single national market.
    • So, big businesses are more likely to benefit from a removal of State-level barriers to trade at the expense of smaller regional players.

    2) Institutional transgression

    • Central institutions are increasingly weakening the policy levers of State institutions.
    • There are growing allegations of the misuse of institutions such as the Income Tax Department, the Enforcement Directorate and the National Investigation Agency are being used to intimidate opponents..
    •  Direct transfers to beneficiaries of welfare schemes bypassing States are also contributing to this dynamic.
    • The Centre is increasingly ignoring elected representatives of State governments, holding meetings with State secretaries and district collectors on issues that are primarily under State control.
    • Governors perform active administrative roles instead of their signatory roles.
    • To ensure national uniformity in educational institutions NEET was introduced in medical education.
    • But it subverts the affirmative action policies developed at the regional level in response to local.
    • In the domain of health, the Centre has now put State governments at a disadvantage in vaccine usage by fixing differential pricing for procuring vaccines.

    3) Socio-cultural foundations

    • Beside the legal-constitutional aspects of federalism, it is diversity in cultural foundation of regions that sustains Indian federalism.
    •  Markers of regional identities and regional socio-cultural practices are now interpreted as belonging to a pan-Indian Hindu tradition.

    Conclusion

    To stem this trend towards centralisation we need to provide more legal and constitutional safeguard to the States, strong regional political assertion and a strong federal coalition.

  • Mekedatu Project

    The National Green Tribunal (NGT), Southern Zone has appointed a joint committee to look into allegations of unauthorized construction activity taking place in Mekedatu, where the Karnataka government had proposed to construct a dam across the Cauvery River.

    What is the Mekedatu Project?

    • Mekedatu, meaning goat’s leap, is a deep gorge situated at the confluence of the rivers Cauvery and Arkavathi, about 100 km from Bengaluru, at the Kanakapura taluk in Karnataka’s Ramanagara district.
    • In 2013, then Karnataka announced the construction of a multi-purpose balancing reservoir project.
    • The project aimed to alleviate the drinking water problems of Bengaluru and Ramanagara district.
    • It was also expected to generate hydro-electricity to meet the power needs of the state.

    Issues with the project

    • Soon after the project was announced TN has objected over granting of permission or environmental clearance.
    • Explaining the potential for damage to the lower riparian state of TN, it said that the project was in violation of the final award of the Cauvery Water Disputes Tribunal.
    • It stated that the project will affect the natural flow of the river Cauvery considerably and will severely affect the irrigation in TN.

  • Centre’s decision to provide security to MLAs raises questions

    The article deals with the issue of the Home Ministry’s decision to provide security to BJP MLAs in West Bengal.

    Context

    Recently, the Union Ministry of Home Affairs (MHA) decided to provide security cover to 77 MLAs of the Bharatiya Janata Party (BJP) who were elected earlier this month after the West Bengal Assembly poll.

    Issues with the decision

    1) Threat perception discussed for a group and not one by one person

    • Decisions to provide security to persons under threat is taken by a committee in the MHA.
    • The committee comprises officials from the MHA, the Intelligence Bureau, Delhi Police and senior officials of the Central Armed Police Forces.
    • In the meetings of the committee, the threat perception of each of the person to be secured is discussed one by one and not collectively for any group as such.
    • However, in the decision to deploy CAPF personnel for the 77 MLAs, threat perception for each of the persons was not discussed.

    2) Law and order is a state subject

    • Law and order being a State subject, West Bengal is duty-bound to protect every citizen of the State, more so the MLAs.
    • By deploying central forces, the Centre has sent a clear signal that it does not rely upon the State government to provide fool-proof security to the BJP MLAs.
    • This is not a good sign for Centre-State relations.
    • The Central government’s distrust of officers who are considered close to a State’s ruling dispensation does not bode well for police officers across the country.

    3) Burdening the security forces

    • The number of protected persons has increased in recent years.
    • In 2019, as many as 66,043 police and CAPF personnel were deployed to protect 19,467 persons against the sanctioned strength of 43,556 personnel, as per the Data on Police Organisations.
    • Constant deployment of CAPF personnel on protection duties impacts their training schedule.

    Curbing the tendency to have security as status symbol

    • To curb the tendency of demanding security personnel around themselves, leaders and prominent persons should be asked to bear the expenditure.
    • Similarly, Members of Parliament and leaders with criminal records should be charged a fee for the security personnel deployed to protect them.

    Conclusion

    The Centre’s decision to provide security to the MLAs would set a wrong precedent and does not bode well for federalism.

  • Centre notifies GNCT Act that gives more powers to Delhi L-G

    GNCT Act comes into effect

    • The Ministry of Home Affairs (MHA) issued a gazette notification stating that the provisions of the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021, would be deemed to have come into effect from April 27.
    • The Act defines the responsibilities of the elected government and the L-G along with the “constitutional scheme of governance of the NCT” interpreted by the Supreme Court in recent judgements regarding the division of powers between the two entities.

    What the Amendment seeks to achieve

    • The Act will clarify the expression Government and address ambiguities in legislative provisions.
    • It will also seek to ensure that the L-G is “necessarily granted an opportunity” to exercise powers entrusted to him under proviso to clause (4) of Article 239AA of the Constitution.
    • Clause (4) of Article 239AA provides for a Council of Ministers headed by a Chief Minister for the NCT to “aid and advise the Lieutenant Governor” in the exercise of his functions for matters in which the Legislative Assembly has the power to make laws.
    • Now Act will also provide for rules made by the Legislative Assembly of Delhi to be “consistent with the rules of the House of the People” or the Lok Sabha.

  • Register of Indigenous Inhabitants of Nagaland (RIIN)

    An apex body of Naga tribes has asked the Nagaland government not to be hasty with the exercise to prepare the Register of Indigenous Inhabitants of Nagaland (RIIN), seen as a variant of Assam’s National Register of Citizens.

    Register of Indigenous Inhabitants of Nagaland (RIIN)

    • The Government of Nagaland has decided to set up a Register of Indigenous Inhabitants of Nagaland (RIIN) with the aim of preventing fake indigenous inhabitants’ certificates.
    • The RIIN will be the master list of all indigenous inhabitants of the state.

    How will the list be prepared?

    • The RIIN list will be based on “an extensive survey”.
    • It will involve official records of indigenous residents from rural and (urban) wards and would be prepared under the supervision of the district administration.
    • The preparation of the list will start from July 10, 2019, and the whole process will be completed within 60 days from the start.
    • Designated teams of surveyors will be formed within seven days from the date of publication of the notification, and thereafter these teams will be sent across each village and ward.
    • The database will note each family’s original residence, current residence as well as the concerned Aadhaar

    What is the review procedure?

    • Respondents will be given an opportunity to make their case before the authorities.
    • Eventually, respective Dy. Commissioners will adjudicate on the claims and objections based on official records and the evidence produced.
    • This process will be completed before December 10, 2019.

    Unique identity through Indigenous Inhabitant Certificate

    • Based on the adjudication and verification, a list of indigenous inhabitants will be finalised and each person will be given a unique ID.
    • The final list or the RIIN will be created and its copies will be placed in all villages and ward.
    • Electronic copies of the list will also be stored in the State Data Centre. A mechanism or electronic and SMS-based authentication will be put in place.
    • All indigenous inhabitants of the state would be issued a barcoded and numbered Indigenous Inhabitant Certificate.
    • The process will be conducted across Nagaland and will be done as part of the online system of Inner Line Permit (ILP), which is already in force in Nagaland.

    Back2Basics: Inner Line Permit (ILP)

    • ILP is an official travel document required by Indian citizens residing outside certain “protected” states while entering them.
    • The ILP is issued by the Govt. of India and is obligatory for all those who reside outside the protected states.
    • With the ILP, the government aims to regulate movement to certain areas located near the international border of India.
    • ILP’s origin dates back to the Bengal Eastern Frontier Regulations, 1873, which protected the British Crown’s interest in tea, oil and elephant trade.
    • It prohibited “British subjects” or Indians from entering these protected areas.
    • After Independence, in 1950, the word “British subjects” was replaced by Citizens of India and the focus of the ban on free movement was explained as a bid to protect tribal cultures in northeastern India.

  • What is Durbar Move?

    A tradition of a century and a half is set to be broken in Jammu and Kashmir, with only “sensitive records” being taken from Jammu to Srinagar this summer during the “Durbar Move”.

    Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)

    Durbar Move

    • Durbar Move is a bi-annual shifting of the Civil Secretariat and other offices of the state government from Jammu to Srinagar in summer, and vice versa in winter.
    • This is done as Jammu & Kashmir has two capitals: Kashmir during summer and Jammu during winter.
    • In Jammu, offices shut on the last Friday and Saturday of April and reopen in Srinagar on the first Monday after a gap of a week.
    • In Kashmir, offices shut on the last Friday and Saturday of October, to reopen in Jammu on the first Monday after a week’s gap, in November.

    The reasons why

    • Durbar Move is a tradition started 149 years ago started by the erstwhile Dogra rulers who hailed from Jammu but had expanded their boundaries to Kashmir including what is now Pakistan-occupied Kashmir, and Ladakh.
    • Jammu, Kashmir and Ladakh are very different from one another geographically, linguistically and culturally, and in those days were poorly connected by road.
    • It is generally understood that the Durbar Move was started to take the administration to the doorstep of the people of Kashmir which is closer to Ladakh.
    • During summer, ruling from Kashmir also helped in ensuring adequate supplies to Ladakh, which is closer to Kashmir than Jammu, before the winter snowfall would cut off Ladakh.
    • The practice also enabled greater interaction and bonding among the people of Jammu, Kashmir and Ladakh.

    The effort

    • Until 2019, the administration used to engage hundreds of trucks and buses for carrying office records and officials from one capital city to another.
    • For safe transportation, the Jammu & Kashmir police and paramilitary forces would dominate the entire Jammu-Srinagar national highway.
    • Apart from the expenses incurred on hiring trucks and buses, the moving staff also used to be paid TA and DA, besides arrangements for their accommodation.

    The criticism

    • Voices of protest started during the late 1980s, over the amount of money and time spent on the exercise.
    • However, the practice also enjoyed public support.
    • In recent years, many criticised the government for spending nearly Rs 200 crore on this exercise every year when it did not have enough funds even to pay salary to its employees.
    • Last year, the Jammu & Kashmir High Court observed that there was no legal justification or constitutional basis for the Darbar Move tradition.
    • The court recommended that in case the practice was rationalized, the resources and time saved could be utilized towards the welfare and development of the UT.
    • The money saved could also be used to address Covid-related issues like food shortage, unemployment and healthcare.

    What next?

    • The UT government has decided to switch to e-governance, will all office records converted into digital format.
    • As a result, while the Secretariat employees and some offices will move from Jammu to Srinagar, as usual, this year, only sensitive records will be shifted from one place to another.

  • Article 244 (A) of the Constitution

    A national party leader has promised to implement Article 244 (A) of the Constitution to safeguard the interests of the people in Assam’s tribal-majority districts.

    What is Article 244(A)?

    • Article 244(A) allows for the creation of an ‘autonomous state’ within Assam in certain tribal areas.
    • Inserted into the Constitution in 1969 by the then government, it also has a provision for a Legislature and a Council of Ministers.

    Try this PYQ from CSP 2018:

    Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

    (a) To provide self-governance

    (b) To recognize traditional rights

    (c) To create autonomous regions in tribal areas

    (d) To free tribal people from exploitation

    How is it different from the Sixth Schedule of the Constitution?

    • The Sixth Schedule of the Constitution — Articles 244(2) and 275(1) — is a special provision that allows for greater political autonomy and decentralized governance.
    • It is applicable to certain tribal areas of the Northeast through autonomous councils that are administered by elected representatives.
    • Article 244(A) accounts for more autonomous powers to tribal areas.
    • In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.

    How did the demand arise?

    • In the 1950s, a demand for a separate hill state arose around certain sections of the tribal population of undivided Assam.
    • In 1960, various political parties of the hill areas merged to form the All Party Hill Leaders Conference, demanding a separate state.
    • After prolonged agitations, Meghalaya gained statehood in 1972.
    • The leaders of the Karbi Anglong and North Cachar Hills were also part of this movement. They were given the option to stay in Assam or join Meghalaya.
    • They stayed back as the then government promised more powers, including Article 244 (A). Since then, there has been a demand for its implementation.
    • In the 1980s, this demand took the form of a movement with a number of Karbi groups resorting to violence. It soon became an armed separatist insurgency demanding full statehood.

  • Ending ambiguity in Delhi government through amendment to NCT Act

    The article highlights the objectives of amendments to the Government of the National Capital Territory (NCT) of Delhi Act.

    Background of Article 239AA and 239AB

    • On December 20, 1991, Home Minister S B Chavan tabled the Constitution Amendment Bill in the Lok Sabha to add Article 239AA and 239AB to our Constitution.
    • The Bill was passed unanimously with all 349 members in the Lok Sabha supporting the bill.
    • The amendment paved the way for setting up a legislative assembly and a council of ministers for the National Capital Territory (NCT) of Delhi.

    What the recent amendment to NCT Act seeks to achieve

    • The amendments aimed to clear ambiguities in the roles of various stakeholders.
    • It also seeks to provide a constructive rules-based framework for stakeholders within the government of Delhi to work in tandem with the Union government.
    • The amendment that was passed by Parliament aims to bring in consistency that the Delhi government has acknowledged and course-corrected on.
    • As the Act now has the President’s assent, we also need to ensure that the LG is made more accountable.
    • This can be done by stipulating a maximum time limit to decide on matters that are referred to the LG in the case of legislative proposals and administrative matters in the rules.
    • The constitutional amendment passed in 1991 empowers the Parliament to enact laws supplementing constitutional provisions.
    • Similarly, the Government of NCT of Delhi also has the power to enact laws regarding matters specified under the state list and concurrent list, to the extent these apply to a Union territory.
    •  In the case of the Government of NCT of Delhi, it has no legislative competence in matters pertaining to the police, public order, and land, which are in the state list but do not apply to Union Territories.
    • The risk of incremental encroachments on these subjects by the Delhi Legislative Assembly can have severe ramifications for Delhi.
    • Similarly, making the Delhi assembly rules consistent with the rules of the Lok Sabha or ensuring that the opinion of the LG is taken can only ensure clarity and foster an environment of co-operation.

    Promoting cooperative federalism

    • The government has been promoting cooperative federalism, which is evident from the tangible steps that have been taken.
    • The creation of NITI Aayog, the establishment of the GST council, and the restructuring of central schemes are clear examples of promoting fiscal federalism.
    • Cooperative federalism requires an environment of trust and mutual cooperation.
    • A necessary condition for such an environment is the distinct delineation of roles and responsibilities, the removal of ambiguities, and the definition of a clear chain of command among stakeholders.
    • In this regard, it was important to define, without a doubt, who represents the government in the unique case of Delhi.

    Consider the question “What are the objectives of the recent amendment to the NCT Act? What will be its implications for governance in Delhi?” 

    Conclusion

    Our national capital hosts the country’s legislature, the seat of the Union government, the judiciary, diplomatic missions, and other institutions of national importance. It deserves smooth functioning and cannot be subject to misadventures arising from the ambiguities in the roles and responsibilities of its stakeholders.