💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • NHRC advisory on Sex Work

    The National Human Rights Commission (NHRC) recognised sex workers as informal workers in their advisory on “Human Rights of Women in the context of COVID 19”.

    Try this question for mains:

    Q.Recognizing sex workers as informal workers is a myopic and moralistic objection of human rights activism. Discuss.

    What is the NHRC advisory?

    • The NHRC in an effort to secure the rights of all excluded and marginalised women included sex workers as informal workers in their advisory on ‘Women at Work’.
    • The advisory asked officials to recognise sex workers as informal workers and register them so they are able to avail the benefits of a worker.
    • The Ministries have been asked to issue temporary documents so that the sex workers like all other informal workers, can access all welfare measures and health services.

    Why is the advisory important?

    • The advisory included sex workers among groups that they were considered as part of vulnerable and marginal sections of society thereby consider them as citizens who are deserving of the protection of human rights.
    • To do this, NHRC had sought expert advice, and both the government and constitutional bodies had stood by the protection of the human rights and dignity of sex workers.
    • For many, it is a welcome move and an important milestone in achieving constitutional rights for sex workers.

    Legality check of such work

    • The Immoral Traffic (Prevention) Act — lays down that the institution of prostitution is illegal.
    • Sex is either a consensual engagement between two adults or it is rape.
    • Commercial sex, if engaged through any institutional process is illegal and liable for prosecution. Hence the Government of India never recognised sex work.

    Criticisms of this advisory

    • The feminists who wish to end sex slavery are critical of this NHRC’s move.
    • There has not been a single instance where a woman has voluntarily gone into prostitution.
    • Therefore they have regarded this as an absolute failure to not provide viable options to women to engage in productive work.

    Back2Basics: National Human Rights Commission (NHRC)

    • The NHRC is a statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.
    • It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
    • This act defines Human Rights as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

    Functions

    • Proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant
    • Protection of human rights and recommend measures for their effective implementation

    Composition

    The NHRC consists of The Chairman and Four members (excluding the ex-officio members)

    • A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
    • One member who is, or has been, a Judge of the Supreme Court of India, or, One member who is, or has been, the Chief Justice of a High Court
    • Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights
    • In addition, the Chairpersons of National Commissions serve as ex officio members.

  • Govt. hikes poll expenditure ceiling by 10%

    The Law Ministry has increased the ceiling on poll expenditure for Assembly and Lok Sabha elections by 10% following a recommendation by the Election Commission in view of curbs imposed during the coronavirus pandemic.

    Try answering this question:

    Q.Ceiling on election expenses ends up being counterproductive and encourages candidates to under-report their expenditure. Critically analyse.

    New ceiling on poll expenditure

    • The ceiling on poll expenditure varies across States, with candidates in Assembly elections in bigger States like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to spend up to ₹30.8 lakhs as against ₹28 lakhs earlier.
    • For a candidate contesting a Lok Sabha poll in these States, the revised ceiling on poll expenditure is now ₹77 lakhs instead of the earlier amount of ₹70 lakhs.
    • Goa, Arunachal Pradesh, Sikkim and a few Union Territories, based on the size of their constituencies and population, have a lower ceiling on poll expenditure.
    • Here while the enhanced ceiling for a Lok Sabha candidate is now ₹59.4 lakhs those contesting an Assembly can spend up to ₹22 lakhs.

    How are such ceilings made?

    • Such changes are made by amending the Conduct of Elections Rules.
    • The last time the expenditure ceiling was enhanced was in 2014 just ahead of the Lok Sabha polls.

    What doesn’t account to Election expenditure?

    • The expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party is not considered to be the election expenditure.
    • Any expenditure which is done for service of the Government and discharge of official duty is also not considered to be election expenditure.

    Role of Election Commission

    • The EC imposes limits on campaign expenditure incurred by a candidate and not political parties.
    • However, it does not cover expenses incurred either by a party or the leader of a party for propagating the party’s programme.
    • Also, candidates must mandatorily file a true account of election expenses with the EC.
    • An incorrect account or expenditure beyond the ceiling can attract disqualification for up to three years as per Section 10A of The Representation of the People Act, 1951.

  • Assam-Mizoram Boundary Dispute

    The Ministry of Home Affairs (MHA) has asked Assam and Mizoram to maintain peace and display “no aggressive posturing” after violent clashes took place at the border between the two States on Saturday night.

    Can you recall the chronology of reorganization of the entire North-East region?

    What is the issue?

    • Assam has had a boundary dispute with Mizoram for decades and several rounds of talks have been held since 1994-95 to solve the issue.
    • Till 1972, Mizoram was a part of Assam and acquired full statehood in 1987.
    • The 164.6 km-long border between the States runs along with Cachar, Hailakandi and Karimganj districts in Assam and Kolasib, Mamit and Aizawl districts in Mizoram.
    • There are several border areas where violence have been reported.

    How complex is this dispute?

    • In the Northeast’s complex boundary equations, showdowns between Assam and Mizoram residents are less frequent than they are.
    • The boundary between present-day Assam and Mizoram, 165 km long today, dates back to the colonial era when Mizoram was known as Lushai Hills, a district of Assam.
    • The dispute stems from a notification of 1875 that differentiated Lushai Hills from the plains of Cachar, and another of 1933 that demarcates a boundary between Lushai Hills and Manipur.
    • Mizoram believes the boundary should be demarcated on the basis of the 1875 notification, which is derived from the Bengal Eastern Frontier Regulation (BEFR) Act, 1873.
    • Mizo leaders have argued in the past argued against the demarcation notified in 1933 because Mizo society was not consulted.

    Other boundary disputes in North-East

    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.

  • What are District Development Councils (DDCs)?

    The Centre has amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC).

    Tap to read more about: Reorganization of J&K

    What are DDCs?

    • DDCs structure will include a DDC and a District Planning Committee (DPC).
    • The J&K administration has also amended the J&K Panchayati Raj Rules, 1996, to provide for establishment of elected District Development Councils in J&K.
    • This system effectively replaces the District Planning and Development Boards in all districts, and will prepare and approve district plans and capital expenditure.

    Composition of DDCs

    • Their key feature, however, is that the DDCs will have elected representatives from each district.
    • Their number has been specified at 14 elected members per district representing its rural areas, alongside the Members of
    • Legislative Assembly chairpersons of all Block Development Councils within the district.

    Term of reference

    • The term of the DDC will be five years, and the electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and women.
    • The Additional District Development Commissioner (or the Additional DC) of the district shall be the Chief Executive Officer of the District Development Council.
    • The council, as stated in the Act, will hold at least four “general meetings” in a year, one in each quarter.

    What will be the process here onward?

    • The 14 constituencies for electing representatives to the DDC will have to be delimited.
    • These constituencies will be carved out of the rural areas of the district, and elected members will subsequently elect a chairperson and a vice-chairperson of the DDC from among themselves.

    Within the third tier, where do the DDCs fit in?

    • The DDCs replace the District Planning and Development Boards (DDBs) that were headed by a cabinet minister of the erstwhile state of Jammu and Kashmir.
    • For Jammu and Srinagar districts, as winter and summer capitals, the DDBs were headed by the Chief Minister.

    However, for Leh and Kargil districts, the Autonomous Hill Development Councils performed the functions designated for the DDBs.

    How will DPC work, then?

    • For every district there will be DPC comprising MPs representing the area, Members of the State Legislature representing the areas within the District etc. among others.
    • The MP will function as the chairperson of this committee.
    • The committee will “consider and guide” the formulation of development programmes for the district.
    • It would indicate priorities for various schemes and consider issues relating to the speedy development and economic uplift of the district.
    • It would function as a working group for formulation of periodic and annual plans for the district; and formulate and finalise the plan and non-plan budget for the district.

    Centre’s objective behind this new structure

    • The J&K administration in a statement said that the move to have an elected third tier of the Panchayati Raj institution marks the implementation of the entire 73rd Amendment Act in J&K.
    • The idea is that systems that had been made defunct by earlier J&K governments such as the panchayati raj system are being revived under the Centre’s rule in the state through the Lieutenant Governor’s administration.
    • In the absence of elected representatives in the UT, senior government officials argue that DDCs will effectively become representative bodies for development at the grassroots in the 20 districts of the UT.
    • They hope that this may draw some former legislators in as well.

  • Issues related to the Office of Governor

    The article deals with the role of Governor in the state and issue of misuse of discretionary power vested in him.

    Constitutional provision related to Governor

    • Various Raj Bhavans have become embroiled in controversies over the decade.
    • This is partly because the Constitution of India does allow a certain discretion to the Governor.
    • And a discretion invariably does get abused.
    • The framers of the Constitution had rejected an elected Governor because they were unambiguously clear that political power would only be vested with elected executives.
    • Yet, they were not inclined to put in a formal Instrument of Instructions for the Governors and were content to believe that political decencies and correctness would be observed both by the Governor and the Chief Minister.

    As the distinguished constitutional expert, Nani A. Palkhivala explained it “the Constitution intended that the Governor should be the instrument to maintain the fundamental equilibrium of the people of the State and to ensure that the mandates of the Constitution are respected in the State”. 

    Misuse of ‘discretion’ by Governors

    • As an appointee of the Union Government, the Governors have been prone to act on the instructions by ruling party at the Centre.
    • Inevitably the “discretion” in choosing a Chief Minister, or requiring a Chief Minister to prove his/her majority, or dismissing a Chief Minister, dissolving the legislature, recommending President’s Rule — came to be tainted with partisan political considerations.
    • More often than not, the governor’s discretion was abused, sometimes absurdly, even whimsically.
    • In the S.R. Bommai case, the Supreme Court did try through its judgment to prevent the misuse of power.

    Conclusion

    The guidelines given in the S.R. Bommai case should be adhered to by the Governor and should avoid conflict with the elected governments in the States.

  • Federalism, now a partisan internal dialogue

    Against the backdrop of the ongoing tussle between the states and the Centre over the issue of GST compensation, the article analyses the evolution of federalism and power-sharing in India.

    GST and federalism

    • At the first sign of stress, the nation unified in a singular system of taxation (GST) turned into a policy of every-state-for-itself.
    • Evidence of seriously miscued revenue estimates without pragmatic tax rate, was accumulating at an alarming pace.
    • The Comptroller and Auditor-General of India (CAG) recently revealed how a cess meant to remedy shortfalls in GST yields, was retained in central government revenues, in violation of all applicable norms.
    • This revelation does little to build trust between the Centre and the States at a time when the States’ facing lack of resource and the central government is advising them to borrow.
    • Some states believe that the onus of borrowing should rest with the central government.

    Higher borrowing limit for states with conditions

    • The central government sanctioned a higher borrowing limit for States through the current year.
    • In the bargain, it imposed conditionalities:
    • 1) Enforcing a singular standard for the implementation of policies across a vast and diverse country.
    • 2) Improving India’s ranking as a place for “doing business”.
    • States will have unconditional access to borrowings equivalent to half a percentage point of their gross output.
    • But, subsequently, every tranche of a quarter point will be premised on progress in implementing the “one nation, one ration card” scheme, and improvements in the “ease of doing business”.

    Federalism in India

    • Aside from the contents and definitions sections, the word “federal” occurs in only one operational article of the Indian Constitution, in reference to the apex judicial body created in colonial times.
    • When this body was transformed into the Supreme Court at the moment the Constitution came into force, the word seemingly lost all operative value.
    • The distribution of powers and responsibilities between various tiers of the governmental system, was achieved without explicit recognition of federalism as a governing principle.
    • In actual operational terms, the relationship of Centre and States followed different paradigms through various phases of politics.
    •  At the time of Independence, the distribution of powers between Centre and States was transformed into an internal discussion of the Congress.

    Evolution of power-sharing and politics

    • The “Congress system”, as the political scientist Rajni Kothari called it, was seen at one time to have sufficient internal flexibility and resilience to absorb all factional pressures.
    • The first challenge came from the cultural terrain, compelling a reluctant national leadership to accept linguistic reorganisation of States.
    • And then, as ambitions of nation-building through rapid industrialisation resulted in the possibility of a non-Congress politics.
    • The Congress lost power in a number of key States in 1967.
    • The polity moved into a new phase when politics was about “waves” at the national or state level either in favour of, or against the Congress.
    • From 1989 onwards, politics settled into another distinct phase, when outcomes at the national level were the resultant of very separate State-level results.

    Conclusion

    Though federal structure could not be free from Centre-State power struggle, that struggle should not come into the development of the nation. In this context, it is the responsibility of the Centre to address the issues facing the state amid pandemic.

  • The federalism test

    The GST has been hailed as the grand bargain and the success story of the federalism. But the economic disruption caused by the pandemic has put it to test. The article deals with the issue of GST compensation.

    Compensating the loss of GST revenue: 2 options

    • In the 41st meeting of the GST Council, the Union government had presented the states with two options.
    • The Centre had estimated the states’ total loss of GST revenue at Rs 3 lakh crore, of which, Rs 65,000 crore was expected to accrue from the compensation cess.
    • Of the remaining Rs 2.35 lakh crore, the loss due to the pandemic was estimated at Rs 1.28 lakh crore.
    • The first option was to provide states a special window to borrow Rs 97,000 crore from the RBI, which was later revised to Rs 1.1 lakh crore.
    • Under this option, both the interest payments and the repayments would be made from future collections of the compensation cess.
    • In the second option, the entire shortfall of Rs 2.35 lakh crore could be borrowed from the market and the states would have to bear the interest costs, but the repayments would be adjusted against future collections of the cess.
    • 10 states have rejected both the options and have stated that it is the Centre’s responsibility to compensate the states, and therefore, it should borrow.

    Commitment of the Centre

    • The minutes of the 7th and 8th GST Council meeting show that most of the states wanted the Centre to commit on paying compensation from the Consolidated Fund of India (CFI).
    • On that demand the Union Finance Minister had stated that in case the amount in the GST compensation fund falls short of the compensation payable in any bi-monthly period, the GST Council shall decide the mode of raising additional resources including borrowing from the market which could be repaid by the collection of cess in the sixth year or further subsequent years.
    • Thus, there was a clear commitment of the Centre on the issue of compensation and the method of recouping the loss.

    Impact on the Centre-State relations

    • The payment of compensation has plunged the Union-state relationship to a new low.
    • First, not recognising the Centre’s commitment will make states wary of any future reforms involving an agreement with the Centre.
    • Second, giving selective press statements to pressurise the states into accepting one or the other option does not infuse confidence.
    • Third, there was a statement by the Union finance ministry officials that the GST Council does not have jurisdiction over-borrowing and borrowing is an individual state and Centre’s decision under Article 293 of the Constitution.
    • If so, why were the two borrowing options presented to the states in the meeting of the Council?

    Way forward

    • It is the Centre’s commitment to find the compensation mechanism and borrowing is one of the options — that must be discussed in the Council.
    • Furthermore, if the commitment of the Centre is recognised as admitted by the finance minister in the 7th GST council meeting, the Centre should take the responsibility to borrow.
    • Both interest payments and repayment of the principal liability can be met from future collections from the cess.

    Conclusion

    This issue is of immense significance for the future of Centre-state relations. But pressuring states on the basis of political strength will have adverse consequences for the country’s federal structure.

  • Redefining cities

    The article the need for liberal and realistic definition of the ‘urban’ area in the next Census and mention the implications of such change.

    2 ways to define urban areas

    1) Statutory town

    • These towns are defined by state governments and place India’s urbanisation rate at 26.7%.
    • A statutory town includes all places with a municipality, corporation, cantonment board or notified town area committee.

    2) Census-based criteria

    • Census adopts three criteria to define what is urban.
    • The three criteria are:
    • i) a minimum population of 5,000;
    • ii) at least 75% of the male main working population engaged in non-agricultural pursuits, and
    • iii) a density of population of at least 400 persons per sq km
    • This, coupled with statutory towns, pegs India’s urbanisation rate at 31%.
    • Total number of towns (state and census) stands at 7,933, together constituting a 377-mn population.

    Why there is a need for changing the definition of ‘urban’

    • There is growing evidence—mostly from satellite imagery—that India is way more urban than the 2011 Census estimate.
    • This is quite plausible because there is a large sum of money allocated for rural development, and it is in the interest of state governments to under-represent urbanisation.
    • Besides, the Census’s stringent definition was first carved out in 1961 which do not reflect the realities of the 21st century.
    • India won’t be alone in changing these definitions for Census 2021.
    • Many countries, such as China, Iran, the UK, among others, have changed the definition of ‘urban’ from one census to another.

    Getting the right picture of urbanisation

    •  A more liberal and realistic definition in the upcoming census will present the actual picture of urbanisation.
    • For instance, if we just use the population density criteria like 37 other countries, with the 400 people per sq km threshold, we will add around 500 mn people to the urban share of the population.
    • This pegs the urbanisation rate at over 70%!

    What will be its implications?

    • First, the budgetary allocation will reflect the reality and scales will balance between rural and urban areas.
    • Second, the urban areas will not be governed through rural governance structures of Panchayati Raj Institutions.
    • Third basic urban infrastructure like sewerage networks, fire services, building regulations, high-density housing, transit-oriented development, piped drinking water supply.
    • Fourth, these newly defined urban areas could act as a new source of revenue for funding local infrastructure development.
    • This would ease pressure on state finances.
    • Lastly, the rethink of urban definition would have an impact on the regional and national economy.
    • These newly defined urban areas will open them to new infrastructure such as railway lines, discom services, highway connectivity, creation of higher education institutes which will together increase the connectivity and resource capability at the local level.
    • This will not only boost the local economy but also ease pressure on bigger cities and help in cluster level development.

    Conclusion

    A rethink of urban definition in Census 2021, particularly with some degrowth in urban areas due to Covid, will bode well for India for coming decades in more ways than one.

    Source:-

    https://www.financialexpress.com/opinion/redefining-cities-a-new-urban-consensus/2102154/

  • Right to Protest

    The Supreme Court has found the indefinite “occupation” of a public road by the Shaheen Bagh protestors unacceptable.

    Right to Protest

    • The right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.
    • The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
    • The Right to protest peacefully is enshrined in Article 19(1) (a) guarantees the freedom of speech and expression; Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.
    • Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.

    What did the Court say?

    • The court said the protest, considered an iconic dissent mounted by mothers, children and senior citizens of Shaheen Bagh against the Citizenship (Amendment) Act, became inconvenient to commuters.
    • The judgment upheld the right to peaceful protest against the law but made it unequivocally clear that public ways and public spaces cannot be occupied, and that too indefinitely.
    • Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone.
    • The present case was not even one of the protests taking place in an undesignated area but was a blockage of a public way which caused grave inconvenience to commuters.

    Reasonable restrictions do exist in practice

    • Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect.
    • The court held it was entirely the responsibility of the administration to prevent encroachments in public spaces.

  • What India can learn from Kenya about women’s representation

    Asymmetric representation in India and Kenya has given rise to complex debate in both countries. The article analyses the similarities and difference.

    Issue of women’s representation in Parliament

    • Many political promises have been made in seven decades of the working of the Indian Constitution regarding 33 per cent reservation in Parliament.
    • But the two bills, introduced in 1996 and 2010, have been allowed to lapse.

    What are the hurdles?

    • Every political party endorses the idea but the battle within political classes has been over “quota within a quota”.
    • Some have argued that ways should be found to ensure that this reservation should contain 33 per cent reservation within for SC and ST women.
    • Some have championed a systemic practice of reservation at the stage of distributing party tickets.
    • Some continue to fight for underprivileged and rural women.
    • Some maintain that a constitutional convention mandating increased representation for women by parties will be more appropriate than a constitutional amendment.

    Comparison with Kenya

    • While both fall short in equitable representation, Kenya has secured about 22 per cent women in the present National Assembly.
    • India peaked to its highest number in the 2019 elections with 62 women (around 14.58 per cent),out of a total of 542 Lok Sabha seats.
    • In the Kenyan Senate women number only 21 (or 31 per cent) of the 67-member House are female; in the Indian Rajya Sabha women comprise 25 out of 243 elected members.
    •  In both societies, women’s representation has always been “pyramidical”, most women remain below the constitutional radar at the bottom, even when a few scale national heights.
    • Asymmetric representation in both societies has generated a long and complex debate concerning women’s representation.

    Difference in constitutional histories and judicial actions

    • India has nothing like the two-thirds rule in Kenya’s new constitution.
    • Kenya’s Constitution requires that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
    • But the 2010 constitutional norm of a “two-thirds gender rule”, buttressed by the requirement that the electoral system shall comply with this rule has been breached.
    • The judicial orders (from 2012) giving various timeframes to enact legislation to implement gender parity have found Parliament unresponsive.
    •  The stage was thus set for the exercise of constitutional power and function by the chief justice to advise the president to dissolve Parliament.
    • This was a great victory for the Kenyan women.

    Conclusion

    Indian sisterhood can yearn wistfully, but valiantly, for another Vishakha moment in the demosprudential leadership of the nation by the apex court.