Subject: Governance

Why in the News?

• On September 20, the Bombay High Court declared the amended IT Rules, 2021, unconstitutional for empowering the Centre’s Fact Check Unit to flag “fake or misleading” content about the government, citing vagueness.
• Justice Atul Sharachchandra Chandurkar delivered the decisive ruling as the tie-breaker judge, following a split verdict by a division bench of Justices G.S. Patel and Neela Gokhale in January 2024.

Why did the Bombay High Court strike down IT Rules, 2021?

• Violation of Constitutional Rights: Justice Atul Chandurkar ruled that the amended rules violated Articles 14 (right to equality) and 19 (freedom of speech and expression) of the Constitution. He characterized the terms “fake, false, or misleading” as vague and overbroad, which could lead to arbitrary enforcement by the government.
• Censorship Concerns: The court emphasized that the rules amounted to censorship and lacked necessary procedural safeguards. Justice Patel’s earlier opinion highlighted that they effectively made the government a “judge in its own cause,” undermining free speech.
• Chilling Effect on Intermediaries: The requirement for social media intermediaries to act on flagged content within 36 hours to retain their legal protections was seen as creating a chilling effect, discouraging platforms from hosting diverse opinions and criticisms of the government.

What did the amended rules ask of social media intermediaries? 

The amended Rule 3(1)(b)(v) mandated that social media intermediaries must:

• Make “reasonable efforts” to prevent users from uploading content flagged by the FCU as misinformation.
• Remove such flagged content within 36 hours if they wish to maintain their “safe harbour” protection against liability for third-party content.

Supreme Court’s Intervention

• Appointing Justice Chandurkar as a tie-breaker judge to provide a final ruling on the matter after petitions were filed challenging the amended rules.
• Initially dismissing applications for an interim stay on the FCU’s establishment but later staying its operation until a final decision was reached regarding the constitutional validity of the rules.

Way forward: 

• Strengthen Procedural Safeguards: Any fact-checking mechanism should include clear, objective guidelines, and an independent review process to avoid arbitrariness and protect free speech rights under the Constitution.
• Promote Transparency and Oversight: Establish a transparent, multi-stakeholder oversight body that includes civil society, legal experts, and technology professionals to ensure fair implementation and avoid misuse of content regulation powers.

Why in the News?

India is currently experiencing an urban transformation due to significant demographic shifts and increasing infrastructure needs. To effectively address these challenges, it must adopt a holistic urban-rural continuum approach.

Issue of Over-Centralisation of Finances:

• Over Financial Centralisation: Recent times have seen an over-centralization of finances, which has negatively impacted financial decentralization and autonomy for local bodies.
  • The 13th Finance Commission highlighted that local bodies are being “asphyxiated” due to this centralization.
• Tied vs. Untied Grants: Local bodies face financial constraints because grants are often tied to centrally sponsored schemes. 
  • The rise in property tax needs to match the rise in State Goods and Services Tax to avoid losing tied grants, which have increased relative to untied grants over the years.
• Programmatic Limitations: Flagship programmes like the Swachh Bharat Mission and Atal Mission for Rejuvenation and Urban Transformation (AMRUT) fail to address the urban-rural continuum effectively.
• Urban-Rural Continuum Challenge: Infrastructure funding for areas like sewage treatment plants often excludes contiguous urban villages and census towns, which are integral parts of the broader urban ecosystem.

Governance models needs to be revisited:

• 73rd and 74th Constitutional Amendments: District Planning Committees, including Zila Panchayats and urban local bodies, need to be empowered to address the urban-rural continuum effectively.
• Strengthening District Planning Committees: Currently, District Planning Committees are often subordinate to the district bureaucracy. Strengthening these committees can better integrate urban and rural planning and improve governance.
• Integrated Planning: The current approach to separate urban and rural local bodies needs updating. Given India’s rapid urbanisation, there is a need for integrated and joint planning to address the blurring lines between urban and rural areas effectively.
• Collaborative Infrastructure Planning: Solid waste management and other infrastructure projects could benefit from collaborative planning at the district or regional levels, rather than being implemented in a compartmentalised manner.

Way forward: 

• Enhance Financial Decentralisation and Flexibility: Reform financial mechanisms to reduce centralisation, provide greater autonomy to local bodies, and ensure grants are more flexible, allowing for better alignment of local needs with urban-rural continuum challenges.
• Strengthen Integrated Planning Frameworks: Revise governance models to empower District Planning Committees for more cohesive urban-rural planning, and promote collaborative infrastructure development across district and regional levels to address the interconnectedness of urban and rural areas.

Mains PYQ:

Q What are ‘Smart Cities’? examine their relevance for urban development in India. Will it increase rural-urban differences? Give arguments for ‘Smart Villages’ in the light of PURA and RURBAN Mission. (UPSC IAS/2016)

Why in the News?

The Union Ministry dissolved the Standing Committee on Statistics (SCoS) headed by eminent economist and former chief statistician of the country Pronab Sen citing overlapping roles with the Steering Committee.

Why was the SCoS dissolved?

• Overlapping Responsibilities: The primary reason cited for the dissolution of the SCoS was that its functions overlapped with those of the newly formed Steering Committee for National Sample Surveys.
• Concerns Raised by Members: Members of the SCoS had consistently questioned the delay in conducting the census, which has been a critical source of data for policymakers.
• Lack of Communication: Dr. Pronab Sen, the chair of the SCoS, noted that members were not provided with a specific reason for the committee’s dissolution, which raised concerns about transparency in the decision-making process.

What are the main roles of the new Steering Committee?

• Advisory Role: The Steering Committee will advise the Ministry on survey methodologies, including aspects like sampling frames, design, and survey instruments, similar to the SCoS.
• Finalizing Tabulation Plans: This will play a crucial role in finalizing the tabulation plans for various national sample surveys, ensuring that the data collected is organized and presented effectively.
• Reviewing Methodologies: The committee will review subject results, methodologies, and questionnaires related to national sample surveys, maintaining the continuity of statistical rigor established by the SCoS.
• Tenure and Composition: The Steering Committee consists of 17 members, including at least four members retained from the SCoS, and will serve a tenure of two years.

How do the SCoS and the Steering Committee differ?

• Composition: The Steering Committee has a higher number of official members compared to the SCoS, which includes several non-official members. This shift may influence the dynamics and perspectives within the committee.
• Mandate Overlap: While both committees have similar mandates regarding survey methodologies and data collection, the Steering Committee is positioned to focus more on the operational aspects of national sample surveys, potentially leading to a more streamlined approach.
• Response to Criticism: The formation of the Steering Committee appears to be a response to criticisms of the statistical system in India, aiming to address survey-related issues more effectively than the SCoS could.

How does the SCoS’s dissolution impact statistical data quality?

• Delay in Census Data: The dissolution of the SCoS amid ongoing delays in conducting the census raises concerns about the availability of reliable and updated data. The last census was conducted in 2011, and reliance on outdated data can negatively affect policy-making and the distribution of welfare benefits.
• Quality of Administrative Data: Critics argue that administrative data, which the government has been relying on, may not accurately reflect the employment scenario, as it is often threshold-based and susceptible to manipulation. This could lead to a distorted view of the economic situation.
• Need for Comprehensive Data: The census is crucial for providing comprehensive demographic, economic, and social data, which is essential for effective policy formulation. The absence of updated census data can hinder the government’s ability to address issues like employment, poverty, and social welfare effectively.

Way forward: 

• Reinstate Independent Oversight: Establish an independent statistical body with clear roles to ensure transparency, timely data collection, and oversight of key surveys like the census, addressing concerns of data reliability.
• Modernize Data Collection: Leverage technology to streamline and accelerate the census and national surveys, ensuring that updated and accurate data is available for policy-making and welfare distribution.