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Subject: Polity

  • Who is a Whip?

    The party in the opposition has appointed two members as the party’s whips in the Upper House.

    Who is a Whip?

    • A whip is an official of a political party whose task is to ensure party discipline in a legislature.
    • This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology or the will of their donors or constituents.
    • Whips are the party’s “enforcers”.
    • They try to ensure that their fellow political party legislators attend voting sessions and vote according to their party’s official policy.
    • Members who vote against party policy may “lose the whip”, effectively expelling them from the party.

    Answer this PYQ:

    Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (CSP 2017)

    (a) Second Schedule

    (b) Fifth Schedule

    (c) Eighth Schedule

    (d) Tenth Schedule

     

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    Whips in India

    • In India, the concept of the whip was inherited from colonial British rule.
    • Every major political party appoints a whip who is responsible for the party’s discipline and behaviors on the floor of the house.
    • Usually, they direct the party members to stick to the party’s stand on certain issues and directs them to vote as per the direction of senior party members.

    What happens if a whip is disobeyed?

    • A legislator may face disqualification proceedings if she/he disobeys the whip of the party unless the number of lawmakers defying the whip is 2/3rds of the party’s strength in the house.
    • Disqualification is decided by the Speaker/Chairman of the house.

    Limitations of whip

    • There are some cases such as Presidential elections where whips cannot direct a Member of Parliament (MP) or Member of Legislative Assembly (MLA) to vote in a particular fashion.

    Types of whips

    There are three types of whips or instructions issued by the party

    • One-line whip: One-line whip is issued to inform members of a party about a vote. It allows a member to abstain in case they decide not to follow the party line.
    • Two-line whip: Two-line whip is issued to direct the members to be present in the House at the time of voting.
    • Three-line whip: Three-line whip is issued to members directing them to vote as per the party line.

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  • Bringing Minority Schools under RTE

    The National Commission for Protection of Child Rights (NCPCR) has recommended that Minority Schools be brought under Right to Education and Sarva Shiksha Abhiyan.

    What is the report?

    • The report is titled “Impact of Exemption under Article 15 (5) with regards to Article 21A of the Constitution of India on Education of Children in Minority Communities”.
    • It has assessed minority schools (schools run by minority organizations) in the country.

    Key recommendations of the report

    • Minority schools are exempt from implementing The Right to Education policy and do not fall under the government’s Sarva Shiksha Abhiyan.
    • Through this report, the NCPCR has recommended that these schools be brought under both RTE and SSA, amongst a host of other recommendations.

    Developments in RTE

    (1) 86th Constitutional Amendment (2002):

    • In 2002, the 86th Amendment to the Constitution provided the Right to Education as a fundamental right.
    • The same amendment inserted Article 21A, which made the RTE a fundamental right for children aged between six and 14 years.
    • The passage of the amendment was followed by the launch of the Sarva Shiksha Abhiyan (SSA) that aimed to provide “useful and relevant, elementary education’’ to all children between six and 14 years.

    (2) 93rd Constitutional Amendment (2006):

    • In 2006, the 93rd CAA inserted Clause (5) in Article 15.
    • This enabled the State to create special provisions, such as reservations for the advancement of any backward classes of citizens like SCs and STs, in all aided or unaided educational institutes, except minority educational institutes.

    (3) RTE Act (2009):

    • The government subsequently brought the Right to Education (RTE) Act, 2009, which centers around inclusive education for all, making it mandatory to include underprivileged children in schools.
    • Specifically, Section 12(1)(c) of the Act provided for a 25 percent reservation of seats in unaided schools for admission of children from economically weaker sections and disadvantaged groups.

    How are minority schools exempt from RTE and SSA?

    • Article 30 of the Constitution states the right of minorities to establish and administer educational institutions.
    • This article aims to provide opportunities to children from different religious and linguistic minority communities to have and conserve a distinct culture, script, and language.
    • Subsequently, in 2012, through an amendment, the institutions imparting religious education were exempted from following the RTE Act.
    • Later on, in 2014 (Pramati judgment), while discussing the validity of exemption under Article 15 (5), the Supreme Court declared the RTE Act inapplicable to schools with minority status.
    • This was in the view that the Act should not interfere with the right of minorities to establish and administer institutions of their choice.

    Why has the NCPCR carried out the study?

    • The Commission’s objective was to assess the impact of this exemption of minority educational institutions from various guidelines that are mandatory for non-minority institutions.
    • It opined that the different sets of rules under Article 21A, Article 30, and Article 15 (5) act as creating a conflicting picture between the fundamental rights of children and the rights of minority communities.

    What are the findings of the report?

    The Commission has observed in the report that many children who are enrolled in these institutions or schools were not able to enjoy the entitlements that other children are enjoying.

    (1) Missionaries schools are elite cocoons

    • It has been said that there have been certain detrimental effects of the exemption – on the one hand, there are schools, mostly Christian Missionary schools.
    • Such schools are admitting only a certain class of students and leaving underprivileged children out of the system, thus becoming what the Commission has called “cocoons populated by elites’’.

    (2) Minorities schools become overcrowded without facilities

    • As opposed to this, other types of minority schools, in particular madrasas, have become “ghettos of underprivileged students languishing in backwardness’’ says the Commission.
    • The Commission has said that students in madrasas that do not offer a secular course along with religious studies – such as the sciences – have fallen behind and feel a sense of alienation and “inferiority’’ when they leave school.

    What are the findings with regards to madrasas?

    There are four kinds of madrasas in India:

    1. Madrasas recognized by the government, which usually impart both religious as well as secular Courses, including the sciences has four percent Mulsim students (15.3 lakh) said the Sachar Committee report.
    2. There are 10,064 such madrasas in India and the Commission points out that these were the ones taken into consideration by the Sachar Committee when it said four percent of Mulsim students (15.3 lakh) studied in madrasas.
    3. There are unrecognized madrasas, which the government hasn’t recognized because they do not impart secular education or lack physical infrastructure, including the number and quality of teachers.
    4. Then, there are unmapped madrasas that have never applied for recognition and function in a more informal setup – there is no data on how many such madrasas exist and how many students study there.

    Why bring them under RTE?

    • The Commission believes this took place as schools wanted to operate outside the legal mandate to reserve seats for backward classes.
    • RTE provides for norms pertaining to basic minimum infrastructure, a number of teachers, books, uniforms, Mid-day Meal, etc., that benefits students in minority schools have not been receiving.

  • [pib] Income Limit of OBCs and Creamy Layer

    A proposal for revision of the income criteria for determining the Creamy Layer amongst the OBCs is under consideration of the Government.

    What is the Creamy Layer?

    • Creamy Layer is a concept that sets a threshold within which OBC reservation benefits are applicable.
    • While there is a 27% quota for OBCs in government jobs and higher educational institutions, those falling within the “creamy layer” cannot get the benefits of this quota.

    Basis of Creamy Layer

    • It is based on the recommendation of the Second Backward Classes Commission (Mandal Commission).
    • The government in 1990 had notified 27% reservation for Socially and Educationally Backward Classes (SEBCs) in vacancies in civil posts and services that are to be filled on direct recruitment.
    • After this was challenged, the Supreme Court in the Indira Sawhney case (1992) upheld 27% reservation for OBCs, subject to exclusion of the creamy layer.

    How is it determined?

    • Following the order in Indra Sawhney, an expert committee headed by Justice (retired) R N Prasad was constituted for fixing the criteria for determining the creamy layer.
    • In 1993, the Department of Personnel and Training (DoPT) listed out various categories of people of certain rank/status/income whose children cannot avail the benefit of OBC reservation.
    1. For those not in government, the current threshold is an income of Rs 8 lakh per year.
    2. For children of government employees, the threshold is based on their parents’ rank and not income.
    3. For instance, an individual is considered to fall within the creamy layer if either of his or her parents is in a constitutional post; if either parent has been directly recruited in Group-A; or if both parents are in Group-B services.
    4. If the parents enter Group-A through promotion before the age of 40, their children will be in the creamy layer.
    5. Children of a Colonel or higher-ranked officer in the Army, and children of officers of similar ranks in the Navy and Air Force, too, come under the creamy layer.
    6. Income from salaries or agricultural land is not clubbed while determining the creamy layer (2004).

    What is happening now?

    • MPs have raised questions about the pending proposal for revising the criteria.
    • They have asked whether the provision of a creamy layer for government services only for OBC candidates is rational and justified.

    Has it ever been revised?

    • Other than the income limit, the current definition of the creamy layer remains the same as the DoPT had spelled out in 1993 and 2004.
    • The income limit has been revised over the years.
    • No other orders for the definition of the creamy layer have been issued.
    • While the DoPT had stipulated that it would be revised every three years, the first revision since 1993 (Rs 1 lakh per year) happened only in 2004 (Rs 2.50 lakh), 2008 (Rs 4.50 lakh), 2013 (Rs 6 lakh), and 2017 (Rs 8 lakh).
    • It is now more than three years since the last revision.

    What does the government propose to do about the revision?

    • A draft Cabinet note has stated that the creamy layer will be determined on all income, including salary calculated for income tax, but not agriculture income.
    • The government is considering a consensus on Rs 12 lakh but salary and agriculture income are also being added to the gross annual income.

  • Issues related to Judicial appointment in India

    Context

    Recommendations of some judges for appointment by the collegium raises the issue of changes in the collegium system.

    Background of the collegium system

    • During the 1970s, the political leaning of a candidate had become a major consideration in the matter of appointment of judges.
    • Therefore, it was felt that the role of the state in the appointment of judges in terms of Article 124 (2) and 217 needed to be reconsidered.
    • But then, in 1982 in S P Gupta’s case, the Supreme Court bench of five judges gave its approval to the primacy of the state in the matter of appointment of judges.
    • However, that judgment was overturned subsequently by a bench of nine judges.
    • Primacy of CJI:  It held that the provisions for consultation with the Chief Justice of India, and the Chief Justices of the high courts in Articles 124 (2) and 217 of the Constitution were introduced because of the realisation that the Chief Justice is best equipped to know and assess the worth of a candidate, and his/her suitability for appointment as a superior judge.
    • Initiation of proposal by CJI: It also held that the initiation of the proposal for appointment of a judge to the SC must be made by the CJI after wider consultation with senior judges, and likewise in the case of high courts.
    • Confirmation of CJI: It was also held that no appointment of any judge to the SC or any high court can be made unless it conforms with the opinion of the CJI.
    • Thus, what is known as the “collegium system” was born.
    • Striking down of NJAC: In 2014, the government tried to make changes to the collegium system by introducing Article 124 (A) by a constitutional amendment, and by enacting National Judicial Appointments Commission Act, 2014.
    • The SC has struck down both the amendment and the Act.

    Has the collegium system succeeded?

    • Nepotism: There have been cases where the nearest relative of Supreme Court judges has been appointed as a high court judge, ignoring merit.
    • Ignoring the merit: Judges far lower in the combined All India Seniority of High Court judges were appointed to SC, and the reason assigned was that those selected were found more meritorious.

    Conclusion

    The collegium system is still the best, but it needs to weed out what is wrong in its actual working. It is hoped that the system will make course corrections in deserving cases.

  • Parties get 48 hours to publish candidates’ criminal records

    The Supreme Court has directed the political parties to publish the criminal history if any, of their election candidates on the homepage of their party websites under the caption ‘candidates with criminal antecedents’ within 48 hours of their selection.

    Try this PYQ:

    Q.Consider the following statements:

    1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.
    2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

    Which of the statements given above is/are correct? (CSP 2020)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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    Criminalization of politics: Indian Case

    • The criminalization of politics has become a headache for the Indian democracy and it is a harsh reality now.
    • Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.
    • Deep down, it’s a large nexus of police, money, corrupt bureaucracy, casteism, religion and the drawbacks of functioning in the election commission.

    On a serious note

    • The Supreme Court has warned Parliament that the nation is losing patience with the advent of criminals in politics even as it imposed fines on major political parties for covering up from voters the criminal past of the candidates.
    • Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government.
    • The court said it did not take political parties much time to flout its February 2020 judgment, which had directed them to prominently publish the criminal antecedents.

    What was the Feb 2020 Judgment?

    The Supreme Court earlier in Feb 2020 had ordered political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections.

    • Reasons for nomination: It has also asked for the reasons that goaded them to field suspected criminals over decent people.
    • Publication of records: The information should be published in a local as well as a national newspaper as well as the parties’ social media handles.
    • 48hr time frame: It should mandatorily be published either within 48 hours of the selection of candidates or less than two weeks before the first date for filing of nominations, whichever is earlier.
    • Contempt for non-compliance: It also ordered political parties to submit compliance reports with the Election Commission of India within 72 hours or risk contempt of court action.
    • No escape: The judgment is applicable to parties both at Central and State levels.

    Immediate Reason

    • The immediate provocation is the finding that 46% of MPs have criminal records.
    • The number might be inflated as many politicians tend to be charged with relatively minor offences —“unlawful assembly” and “defamation”.
    • The real worry is that the current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.

    Why are such tainted candidates inducted by political parties?

    • Popularity: Such candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
    • Vested interests: Some voters tend to view such candidates through a narrow prism: of being able to represent their interests by hook or by crook.
    • Destabilizing other electors: Others do not seek to punish these candidates in instances where they are in contest with other candidates with similar records.

    A harsh reality

    • The NN Vohra committee’s report on the criminalization of politics discussed how criminal gangs flourish under the care and protection of politicians.
    • Many times the candidates themselves are the gang leaders.
    • This protection is paid back to them during elections through capital investment in election spending and voter support.

    Need for clean politics

    • Upholding morality: It is extremely important that the people who enter the field of politics have a clear image and high moral character.
    • Ensuring rule of law: A leader with criminal character undoubtedly tends to undermine the rule of law.

  • [pib] Saansad Adarsh Gram Yojana

    The Ministry of Rural Development has taken several measures for the successful implementation of the Sansad Adarsh Gram Yojana (SAGY) Gram Panchayats.

    Saansad Adarsh Gram Yojana (SAGY)

    • SAGY is a village development project launched in October 2014, under which each Member of Parliament will take the responsibility of developing physical and institutional infrastructure in three villages by 2019.
    • SAGY aims at instilling certain values in the villages and their people so that they get transformed into models for others.

    These values include:

    • Adopting people’s participation as an end in itself – ensuring the involvement of all sections of society in all aspects related to the life of village, especially in decision- making related to governance
    • Adhering to Antyodaya – enabling the “poorest and the weakest person” in the village to achieve well being
    • Affirming gender equality and ensuring respect for women
    • Guaranteeing social justice
    • Instilling dignity of labour and the spirit of community service and voluntarism
    • Promoting a culture of cleanliness
    • Living in consonance with nature – ensuring a balance between development and ecology
    • Preserving and promoting local cultural heritage
    • Inculcating mutual cooperation, self-help and self-reliance
    • Fostering peace and harmony in the village community
    • Bringing about transparency, accountability and probity in public life
    • Nurturing local self-governance
    • Adhering to the values enshrined in the Fundamental Rights and Fundamental Duties of the Indian Constitution

    Identification of an Adarsh Gram

    • A Gram Panchayat would be the basic unit.
    • It will have a population of 3000-5000 in plain areas and 1000-3000 in hilly, tribal and difficult areas.
    • In districts where this unit size is not available, Gram Panchayats approximating the desirable population size may be chosen.
    • The MP would be free to identify a suitable Gram Panchayat for being developed as Adarsh Gram, other than his/her own village or that of his/her spouse.
    • Lok Sabha MP has to choose a Gram Panchayat from within his/her constituency and Rajya Sabha MP a from the rural area of a district of his/her choice in the State from which he/she is elected.
    • Nominated MPs may choose a Gram Panchayat from the rural area of any district in the country.
    • In the case of urban constituencies, (where there are no Gram Panchayats), the MP will identify a Gram Panchayat from a nearby rural constituency.
    • The newly elected MPs will have the option to select the GP of their choice.

  • [pib] National Commission for Women

    The Central Government has nominated Smt. Rekha Sharma, as Chairperson of the National Commission for Women for another term of three years.

    National Commission for Women

    • The NCW is the statutory body generally concerned with advising the government on all policy matters affecting women.
    • It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the 1990 National Commission for Women Act.
    • The first head of the commission was Jayanti Patnaik.

    Constitutional provision

    • The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
    • Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

    Objectives

    • The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
    • The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.
    • They have also discussed police abuses against women.

    Composition of National Commission for Women

    The Commission shall consist of:

    • A Chairperson, committed to the cause of women, to be nominated by the Central Government.
    • five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activist), administration, economic development, health, education or social welfare;
    • Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

    Powers of NCW

    • Provide consultation on all major policy matters that affect women.
    • Issuing summons for the examination of documents and the witnesses.
    • It has the power to make any public record.
    • Receiving evidence on affidavits
    • Discovery and production of documents
    • Summoning and enforcement

    Functions of the NCW

    • Presentation of reports: Table reports should be submitted to the Central Government every year. When the commission feels it’s appropriate. The reports upon the functioning and working of the safeguards.
    • Investigation and Examination: There should be proper investigation and examination made under the Constitution and other laws. This is related to the protection of the rights of women.
    • Review of laws: Constantly all laws are reviewed and scrutinized. And necessary amendments and alterations are made to meet the needs of the current world.
    • Cases of Violation: Ensure there is no violation against women and taking due care of such cases.
    • Suo Motu Notice: It takes care of complaints and also suo motu matters about the deprivation of rights of women. Implementation of laws favoring the welfare of women.
    • Evaluation: Assessing the development and the progress of the women community under the Center and State level.
    • Special studies and investigation: To understand the limitations in the system and curb it with strategic plans and mechanisms.

    Powers of the NCW

    • Not concrete powers: The NCW is only recommendatory and has no power to enforce its decisions. Often it takes action only if the issues are brought to light.
    • Legal powers: Commission lacks constitutional status, and thus has no legal powers to summon police officers or witnesses.
    • Less funding: NCW’s functions are dependent on the grants offered by the central government. Financial assistance provided to the Commission is very less to cater to its needs.
    • Political interference: It does not have the power to choose its own members.

  • Honour of the National Flag

    Ahead of Independence Day, the Centre has urged all citizens not to use a national flag made up of plastic and asked states and Union Territories to ensure strict compliance with the flag code.

    Prevention of Insults to National Honour Act

    • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
    • Section 2 of the Act deals with insults to the Indian National Flag and the Constitution of India.

    Do you know?

    Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

    To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

    Other provisions

    • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
    • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
    • The Flag shall not be lowered into the grave or burnt in the pyre.

    Try this

    Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

    (a) Katha Upanishad

    (b) Chandogya Upanishad

    (c) Aitareya Upanishad

    (d) Mundaka Upanishad

    [wpdiscuz-feedback id=”bqrsust0mi” question=”Please leave a feedback on this” opened=”1″]Answer this PYQ here: [/wpdiscuz-feedback]

    Use of flag in funerals

    • The flag can only be used during a funeral if it is accorded the status of a state funeral.
    • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
    • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
    • Then too, the national flag can be used.

    Disposing of the national flag

    • A/c to the Flag Code, such paper flags are not to be discarded or thrown on the ground after the event.
    • Such flags are to be disposed of, in private, consistent with the dignity of the flag.

    Back2Basics:

    Story of our National Flag

     

  • 127th Constitutional Amendment Bill

    The Government will bring the 127th Amendment Bill to Parliament to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes — a demand made by a number of regional parties and even the ruling party’s own OBC leaders.

    Try answering:

    Q. Consider the following statements:

    1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
    2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.

    Which of the statements given above is/are correct? (CSP 2013)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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    127th Constitutional Amendment Bill

    • The Constitutional 127th Amendment Bill will amend Articles 342 A — clauses 1 and 2 — and will introduce clause 342 A (3) specifically authorizing states to maintain their State List.
    • There will be a consequential amendment in Articles 366(26C) and 338B (9). States will then be able to directly notify OBC and SEBCs without having to refer to the NCBC.
    • There has been some confusion about what comprises a state and Central list, and this clause will clarify that.

    Why need amendment?

    • The Centre had earlier moved a review petition in the Supreme Court challenging the court’s interpretation of the 102nd amendment of the Constitution in the Maratha reservation judgment.
    • The 102nd CA had scrapped the power of the states to identify and notify socially and educationally backward classes.
    • The move is politically significant as the govt is banking heavily on OBC votes in key states that go to the polls next year.

    About the 102nd CAA

    • The 102nd  CAA, 2018 has given constitutional status to the National Commission for Backward Classes (NCBC).
    • With this, NCBC gets powers to examine the grievances in the implementation of the various welfare schemes meant for OBCs.
    • The status of the Central list of OBCs has been elevated by giving constitutional status to the list.
    • It has given powers to the Parliament to make changes in the Central OBC list.

    Back2Basics: Constitutional Amendment

    • Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law.
    • The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
    • There is a limitation imposed on the amending power of the constitution of India.
    • The most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala (1973).

    Procedure

    • An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament.
    • The Bill must then be passed in each House by a majority of the total membership of that House and by a special majority of not less than two-thirds of the members present and voting.
    • There is no provision for a joint sitting in case of disagreement between the two Houses.
    • If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
    • Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.

    Types:

    1. Simple majority of the Parliament: Creation of new states, Delimitation of constituencies etc.
    2. Special majority of the Parliament: for Fundamental rights and DPSPs
    3. Special majority of the Parliament and the ratification of at least half of the state legislatures: Election of the President and its manner, Supreme Court and high courts etc.

  • Resolving the Assam-Mizoram issue

    Context

    The violent stand-off between the Assam and Mizoram armed policemen at Vairengte in Mizoram, on July 26, took six lives and left over 50 injured is the culmination of a long-standing border dispute.

    History of the boundary issue

    • The ‘inner line’ boundary of the Lushai hills was ‘fixed’ in 1875 on the southern border of Assam’s Cachar district.
    • In line with the colonial practice of ‘fixing’ borders, this boundary was however not ‘precise’ as it was drawn largely using natural markers such as rivers and hills.
    • In post-independent India, the Mizoram government has accepted this boundary in preference over the subsequent revisions made by the colonial government.
    • There was a change in boundary when the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873 was extended to the Lushai hills district in 1930 and 1933.
    • The Mizoram government perceives that the boundary instituted by these revisions amounted to unilateral superimposition.
    • These revisions are also seen to conspicuously fail to recognise the Mizo’s long-standing historical rights to use the un-demarcated southern border of Cachar as their hunting ground, for jhum cultivation, and as sites of their resource extraction including rubber and timber.
    • However, considering that borders cannot be driven by perception but by institutionalised rules and laws, Assam’s government continues to refuse to accept Mizoram’s standpoint.
    • The Assam government considers Mizo plantation and settlements in the Inner Line Reserve Forest areas as an ‘encroachment’.

    People-centric Vs. State-centric approach in dispute

    • At the heart of this dispute is the contending approaches of the Assam and Mizoram governments to ‘borders’, namely ‘state-centric and ‘people-centric approaches.
    • The Assam government represent a continuum of the colonial ‘state-centric’ approach to borders which gives premium to legal, juridical and administrative recognition and protection of the border.
    • The Mizoram government advocate a ‘people-centric approach seeks to give a premium to the historical and traditional rights of the local indigenous people.
    • The Mizoram government also advocate the principle of uti possidetis juris (‘as you possess under law’, including customary law) on the other hand.

    Way forward

    • Historical context: Fixing the Assam-Mizoram border and resolve the dispute need to be sensitive to the historical context.
    • Deep historical knowledge, sensitivity and an accommodative spirit need to inform dialogue and negotiation under the neutral supervision of the Centre.
    • Inter-governmental forum: It is about time that the Centre sets up a permanent inter-governmental forum to involve important stakeholders in order to effectively manage border and territorial conflicts.
    • Quick-fix solution should be avoided: Any quick-fix solution driven by temporal electoral considerations should be avoided if we were to resuscitate and sustain interdependent Assam-Mizoram borders and beyond.

    Conclusion

    The resolution should be sensitive to the possibility of fluid and overlapping sovereignty, where forest ‘commons’ are seen not simply as sites of revenue-extraction but as powerful symbols of identity and sustainable livelihood resources for the local people.