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Subject: Polity

  • Delimitation of Constituencies in Jammu and Kashmir

    Members of the Jammu & Kashmir Delimitation Commission faced protests in Jammu as they embarked on a two-day visit to hold consultations with citizens, civil society groups and political parties.

    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.

  • Marital rape

    Context

    Justice M. Nagaprasanna of the Karnataka High Court on March 23, 2022, in the case of Hrishikesh Sahoo vs State of Karnataka, pronounced the end of the marital rape exception.

    Background of the case

    • This judgment was a result of a unique case where a woman had filed a criminal complaint of rape against her husband due to the repeated acts of sexual assault she had to face.
    • Marital rape exception to Section 375: The police registered her complaint under Section 376 notwithstanding the marital rape exception, a charge sheet was filed and the Sessions Judge took cognisance and framed charges under Section 376.
    • This led to the husband approaching the High Court seeking to quash the criminal proceedings.
    • In a nuanced and far-reaching judgment, Justice Nagaprasanna refused to quash the charge of rape against the husband.

    Violation of rights of woman

    • Violation of the right to equality: Justice Nagaprasanna held that if a man, being a husband is exempted for his acts of sexual assault, it would destroy women’s right to equality, which is the very soul of the Constitution.
    • Discrimination: He held that the Constitution recognises and grants equal status to women, but the exception to marital rape in the IPC amounts to discrimination because a wife is treated as subordinate to the husband.
    • The Constitution considers marriage as an association of equals and does not in any sense depict women to be subordinate to men and guarantees women the fundamental rights under Articles 14, 15, 19 and 21 the right to live with dignity, personal liberty, bodily integrity, sexual autonomy, right to reproductive choices, right to privacy, right to freedom of speech and expression.
    • n Independent Thought vs Union of India (2017), the Supreme Court of India diluted it and removed the exception to marital rape to a wife not below 15 years and made it 18 years.

    Historical roots of the principle of exception

    • The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he argued that by marriage, a woman gave up her body to the husband and was accepted as an enduring principle of common law, due to which a husband could not be guilty of raping his wife.
    • This was therefore translated into criminal codes, including the Indian Penal Code which India adopted.
    • This principle has now been completely abolished.
    • In the United Kingdom, in 1991, the exception to marital rape was done away with in the case of R. vs R. The House of Lords held that where the common law rule no longer represents what is the true position of a wife in present-day society.
    • The court held that a husband’s immunity as expounded by Chief Justice Matthew Hale no longer exists.

    Conclusion

    The Karnataka High Court, by holding that the exception to marital rape in Section 375 is regressive and in violation of the constitutional guarantee of equality, has now truly pronounced the death knell of the marital rape exception.

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  • Explained: The ‘Chandigarh Question’

    The newly elected Punjab Legislative Assembly passed a resolution, moved by the Chief Minister himself, on April 1 in a special session seeking the transfer of Chandigarh to Punjab.

    With this, the ‘Chandigarh question’ has resurfaced, but this time it occupies the national spotlight.

    Establishment of Chandigarh

    • Chandigarh is described as a ‘planned city’ emblematic of ‘Nehruvian modernity’.
    • It is a greenfield city, which was commissioned by the government in independent India to replace Lahore, which went to Pakistan after Partition, as the capital of Punjab.
    • Designed by Le Corbusier in association with Pierre Jeanneret, it is located on the foothills of the Shivalik Himalayas on village land acquired from what was then the Kharar tehsil of Ambala district.
    • It was the capital of undivided Punjab from its inauguration in 1953 till 1966.

    Bifurcation of Punjab and Common Capital

    • Under the Punjab Reorganisation Act, 1966 following the Punjabi Suba movement, Haryana was carved out of the Hindi-speaking regions as a separate State.
    • The hill regions of Punjab were merged with what was then the Union Territory (UT) of Himachal Pradesh.
    • Chandigarh was made a UT and has remained the joint capital of Haryana and Punjab with State assets divided between Punjab and Haryana in a ratio of 60:40.

    What is the Chandigarh issue?

    • Since 1966, the lack of full rights to its capital has remained a vexed issue in Punjab politics.
    • All the governments and most political parties of Punjab have regularly raised the demand for Chandigarh.
    • It has featured in all major developments, whether it is the 1973 Anandpur Sahib resolution, Dharam Yudh Morcha (then separatist movement) and the 1985 Rajiv-Longowal Accord.
    • Since 1966, the Punjab Assembly has passed at least six such resolutions with the last being in 2014 under the Shiromani Akali Dal-Bharatiya Janata Party (SAD-BJP) government.
    • The Centres’ opposition to the latest Assembly resolution is the first time a political party has taken a contrarian stand.

    What is different this time?

    • The immediate provocation this time has been two recent decisions of the Central government: breaking allies with erstwhile govt and withdrawal of farm laws.
    • The Centre also amended the rules governing the functioning of the Bhakra Beas Management Board (BBMB), constituted under the 1966 Act.
    • It changed the eligibility criteria for the two full-time members of the Board which have, though technically open to all Indian officials, by convention gone to officials from Punjab and Haryana.
    • These moves are widely interpreted as a continuation of the Centre’s contentious relationship with the other political parties.
    • It gives an affront blow to Punjab’s claim over Chandigarh.

    What has been the position of the Union government on the city?

    • At the time of the 1966 Act, the Union government with Indira Gandhi as Prime Minister indicated that the UT status to Chandigarh was temporary and that it would be transferred to Punjab.
    • This decision was formalised in 1970 with Mrs Gandhi promising Haryana funds for building its own capital.
    • According to the 1985 Rajiv-Longowal Accord, Chandigarh was to be handed over to Punjab on January 26, 1986 but this never fructified after the assassination of Longowal and the long period of militancy.
    • The recent developments could thus indicate a shift in the Central government’s position.

    What about Haryana?

    • As in Punjab, all parties in Haryana present a common position asserting its claim to the city.
    • It has objected to any move which associates Chandigarh solely with Punjab.

    Is there a distinctive Chandigarh position?

    • Employees and unions of the Chandigarh administration have mostly welcomed the change in service rules since the Central provisions carry more benefits and perks.
    • After decades of existence as a UT, Chandigarh has developed a distinctive cultural character.
    • Given its geographical location it has the presence of many educational institutions, medical establishments and the Army and Air Force.
    • It has developed a unique cosmopolitanism and become a magnet for the youth across the north western region.
    • They city residents thus favour the status quo.

    Way forward

    • While this time the issue has attracted more attention than usual.
    • Its Punjab mandate indicates massive expectations from the electorate including better service conditions from government employees but it has inherited a debt-ridden government.
    • The new govt will have to balance these contending claims in deciding further action.

     

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  • Tripura’s Darlong community in included in ST List

    The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).

    Who are Darlongs?

    • Darlong is a tribal community of 11,000 people.
    • Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
    • Darlongs, despite being Scheduled Tribes, were never given ST certificates.
    • Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
    • The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
    • The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
    • People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
    • Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.

    Why is tribal identity a big issue in Tripura?

    • Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
    • They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
    • The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
    • Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
    • There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.

    Back2Basics: Tribes of Tripura

    • Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
    • These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
    • Many of these communities are further divided into sub-tribes.
    • For example, Kukis have nearly 17-18 sub-tribes within the community.
    • It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
    • In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
    • Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.

     

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  • Privacy concerns in the Criminal Procedure (Identification) Bill 2022

    Context

    The Union Minister of State for Home Affairs introduced the Criminal Procedure (Identification) Bill 2022.

    Purpose of the introduction of the Bill

    • The Bill aims to replace the Identification of Prisoners Act 1920 that has been in need of amendment for several decades.
    • The criticism and the need for amendment was predominantly in respect of the limited definition of ‘measurements’ as under that Act.
    • Back in the 1980s, the Law Commission of India (in its 87th Report) and the Supreme Court of India in a judgment titled State of U.P. vs Ram Babu Misra had nearly simultaneously suggested the need to amend the statute.

    What are the issues with the provisions in the Bill?

    1] Definition of ‘measurement’ includes analysis of the data

    • The definition of measurements is not restricted to taking measurements, but also their “analysis”.
    • The definition now states “iris and retina scan, physical, biological samples and their analysis, behavio[u]ral attributes including signatures
.”
    • It goes beyond the scope of a law that is only designed for taking measurements and could result in indirectly conferring legislative backing for techniques that may involve the collection of data from other sources(For instance, using facial recognition).
    • At present there are extensive facial recognition technology programmes for “smart policing” that are deployed all across the country.
    • Such experimental technologies cause mass surveillance and are prone to bias, impacting the fundamental rights of the most vulnerable in India.

    2] Power of the police and prison officials widened

    • The existing law permits data capture by police and prison officers either from persons convicted or persons arrested for commission of offences punishable with a minimum of one year’s imprisonment.
    • Parallel powers are granted to judges, who can order any person to give measurements where it is in aid of investigation.
    • While the judicial power is left undisturbed, it is the powers of the police and prison officials that are being widened.
    • The law removes the existing — albeit minimal — limitation on persons whose measurements could be taken.
    • It is poised to be expanded to all persons who are placed under arrest in a case.
    • Here, the proposed Bill also contains muddied language stating that a person, “may not be obliged to allow taking of his biological samples”.

    3] Storage and retention of data for a long period

    • The National Crime Records Bureau (NCRB) shall for a period of 75 years from the date of collection maintain a digital record, “in the interest of prevention, detection, investigation and prosecution of any offense”.
    • The provision permits the NCRB to, “share and disseminate such records with any law enforcement agency, in such manner as may be prescribed”.
    • The NCRB already operates a centralised database, namely the Crime and Criminal Tracking Network & Systems (CCTNS), without any clear legislative framework.
    • The existence of such legislative power with a technical framework may permit multiple mirror copies and parallel databases of the “measurements” being stored with law enforcement, beyond a State Police department which will be prosecuting the crime and the NCRB which will store all records centrally.
    • For instance, in response to a Standing Committee of Parliament on police modernisation, Rajasthan has stated that it maintains a ‘RajCop Application’ that integrates with “analytics capabilities in real-time with multiple data sources (inter-department and intra-department)”.
    • Similarly, Punjab has said that the “PAIS (Punjab Artificial Intelligence System) App uses machine learning, deep learning, visual search, and face recognition for the identification of criminals to assist police personnel.
    • Hence, multiple copies of “measurements” will be used by State government policing departments for various purposes and with experimental technologies.
    • This also takes away the benefit of deletion which occurs on acquittal and will suffer from weak enforcement due to the absence of a data protection law.
    •  The end result is a sprawling database in which innocent persons are treated as persons of interest for most of their natural lives.

    Conclusion

    To protect individual autonomy and fulfil our constitutional promises, the Supreme Court of India pronounced the Justice K.S. Puttaswamy judgment, reaffirming its status as a fundamental right. The responsibility to protect it falls to each organ of the government, including the legislature and the union executive.

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  • FASTER digital platform for Judiciary

    ‘FASTER’, an abbreviation of ‘Fast and Secured Transmission of Electronic Records’, a digital platform was formally launched by Chief Justice of India (CJI) N.V. Ramana.

    What is FASTER?

    • The FASTER system proposes transmission of e-authenticated copies of the interim orders, stay orders, bail orders and record of proceedings to the duty-holders for compliance and due execution, through a secured electronic communication channel.
    • These orders may vary from stay of execution of a person to freeze on the demolition of a slum to bail orders for undertrial prisoners.
    • The idea stemmed from a case reported about several prisoners in the Agra Jail forced to remain behind bars for three days after the hard copies of the order had not reached the prison officials.

    Benefits offered

    • FASTER would aid the cause of quick and effortless justice.
    • The timely delivery of the court’s orders to the authorities would also prevent unnecessary arrests and custody of people who have already been granted anticipatory bail.
    • For smooth transmission of court’s orders and effective implementation of Article 21, Right to Life, such a system was the need of the hour.

     

    Also read:

    [RSTV Archive] Judiciary & Artificial Intelligence

     

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  • Assam-Meghalaya Boundary Dispute Resolution

    Assam and Meghalaya partially resolved a 50-year-old dispute along their 884.9 km boundary.

    What is the news?

    • An agreement was signed between Assam CM and his Meghalaya counterpart in the presence of Home Minister Amit Shah in New Delhi.
    • According to the partial boundary deal, Assam will get 18.51 sq. km of the 36.79 sq. km disputed area while Meghalaya will get the remaining 18.28 sq. km.
    • The agreement is expected to pave the way for resolving disputes in the boundary and similar areas of difference between Assam and three other NE States.

    What is the Assam-Meghalaya Boundary Dispute?

    • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
    • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
    • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
    • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
    • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
    • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
    • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     How did the two governments go about handling the issue?

    • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
    • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
    • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
    • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
    • Meghalaya rejected the report as it was allegedly pro-Assam.
    • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

    How was the ice broken?

    • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
    • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
    • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
    • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
    • Both States formed three regional committees, one each for a district affected by the disputed sectors.

    What were the principles followed?

    • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
    • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
    • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
    • This paved the way for the March 29 closure of the six disputed sectors.

    Issues with this settlement

    • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
    • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
    • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

     

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  • Social media platforms must be held accountable for subjugating rights: Centre to HC

    The Centre told the Delhi High Court that social media platforms must be held accountable for “subjugating and supplanting fundamental rights like the right to freedom of speech and expression, otherwise the same would have dire consequences for any democratic nation”.

    What is the news?

    • The Ministry’s submission came in response to a petition filed by a Twitter user whose account was suspended by the microblogging site for alleged violations of platform guidelines.
    • The Twitter user said his account was suspended for the reason of “ban evasion” (creating an account when a similar account was earlier banned).
    • The complainant said Twitter suspended his accounts without giving him an opportunity for a hearing.

    Centre’s argument

    • The Centre said when a Significant Social Media Intermediary (SSMI) such as Twitter takes a decision to suspend the whole or part of a user’s account on its own due to its policy violation, it should afford a reasonable opportunity to the user to defend his side.
    • The exception, the Centre said, where the SSMIs could take such a decision include certain scenarios such as rape, sexually explicit material or child sexual abuse material, bot activity or malware, terrorism-related content etc.
    • If an SSMI fails to comply with the above, then it may amount to a violation of IT Rules 2021, the Centre clarified.
    • No platform or intermediary will be allowed to infringe upon the citizens’ rights, including but not limited to Articles 14, 19 and 21 guaranteed under the Constitution of India under the guise of violation of the platform’s policies unless it constitutes a violation of extant law in force.

    What are the IT Rules 2021?

    Why is this a matter of concern?

    • Social media platforms must respect the fundamental rights of the citizens and should not take down the account itself or completely suspend the user account in all cases.
    • Taking down the whole information or the user account should be a last resort.
    • Only in cases where the majority of the contents/posts/tweets on an account are unlawful, the platform may take the extreme step of taking down the whole information or suspending the whole account.

    Conclusion

    • Hence it can be argued that undue discontinuance of social media accounts of any person is violative of fundamental rights guaranteed under Articles 14, 19 and 21.

     

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  • 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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