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Subject: Polity

  • What is Plea Bargaining and how does it work?

    Many members of a religious faction belonging to different countries have obtained release from court cases in recent days by means of plea bargaining. They were accused of violating visa conditions by attending a religious congregation in Delhi.

    Try this question for mains:

    Q.What is Plea Bargaining and how does it work? Discuss the rationale behind and benefits in reducing the burden on Judiciary.

    What is Plea Bargaining?

    • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
    • It is common in the US and has been a successful method of avoiding protracted and complicated trials.
    • As a result, conviction rates are significantly high there. It primarily involves pre-trial negotiations between the accused and the prosecutor.
    • It may involve bargaining on the charge or in the quantum of sentence.

    When was it introduced in India?

    • In India, the concept was not part of law until 2006. It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
    • There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.
    • The Law Commission of India, in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty on their own volition but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.

    How does it work?

    • Unlike in the U.S. and other countries, where the prosecutor plays a key role the Indian code makes plea bargaining a process that can be initiated only by the accused.
    • Further, the accused will have to apply to the court for invoking the benefit of bargaining.

    In what circumstances is it allowed?

    • Cases for which the practice is allowed are limited.
    • Only someone who has been charge-sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.
    • It is also applicable to private complaints of which a criminal court has taken cognizance.
    • Other categories of cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country or committed against a woman or a child below 14.

    How to avail this?

    • The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.
    • The court would then issue a notice to the prosecutor and the complainant or victim, if any, for a hearing.
    • The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.
    • Thereafter, the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case”.
    • The outcome may involve payment of compensation and other expenses to the victim by the accused.

    After approval

    • Once mutual satisfaction is reached, the court shall formalize the arrangement by way of a report signed by all the parties and the presiding officer.
    • The accused may be sentenced to a prison term that is half the minimum period fixed for the offence.
    • If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in the law.

    What is the rationale for the scheme? What are its benefits?

    • The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
    • Some of the advantages it culled out from earlier reports are that the practice would ensure a speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
    • It would also have a dramatic impact on conviction rates.
    • Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
    • Moreover, it may help offenders make a fresh start in life.

    Do courts have reservations?

    • Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately.
    • However, earlier judgments of various courts in cases in which the accused enter a ‘guilty’ plea with a view to getting lesser sentences indicate that the judiciary may have reservations.
    • Some verdicts disapprove of bargaining with offenders, and point out those lenient sentences could be considered as part of the circumstances of the case after a regular trial.
    • Courts are also very particular about the voluntary nature of the exercise, as poverty, ignorance and prosecution pressure should not lead to someone pleading guilty of offences that may not have been committed.

  • Voting right to migrant workers

    A large number of migrant workers cannot vote in their constituency. This assumes significance when we consider that the Supreme Court has interpreted the right to vote as an extension of the fundamental right of the freedom of expression. So,  the ECI should find ways to enable them exercise their right.

    Universal adult franchise: India’s achievement

    • India moved from a restrictive 15 per cent of Indians having limited voting rights to universal adult franchise.
    • Transformative nature of the Indian national movement and the ideals of equality and non-discrimination enshrined in it played a crucial role in it.
    • It was B R Ambedkar’s clarity of vision that resulted in Article 326 of the Constitution.
    • Ambedkar had influenced public opinion on the matter for decades, giving evidence before the Southborough committee.

    Migrant workers: some facts

    • According to the 2011 Census, the number of internal migrants stands at 45 crore.
    • Among these, 26 per cent of the migration, that is, 11.7 crore occurs inter-district within the same state.
    • 12 per cent of the migration, that is, 5.4 crore occurs inter-state.
    • Both official and independent experts admit that this number is underestimated.
    • Circular migration accounts for those migrants who have not permanently relocated to host cities, and instead circulate between host and home cities.
    • Short-term and circular migration could itself amount to 6-6.5 crore.
    • Half of these are inter-state migrants.
    • Migrant labourers mostly hail from most poverty-driven rural areas.
    • They are from among the most marginalised sections SC/STs and OBCs, and other minorities.
    • As of 2011, Uttar Pradesh and Bihar were the largest sources of inter-state migrants, with 83 lakh and 63 lakh migrants respectively.

    Low turnout in the source states

    •  Economic constraints disable a majority of migrant workers from voting as they cannot commute to their home states on the polling day.
    • One survey shows that only 48 per cent of those surveyed voted in the 2009 Lok Sabha elections, when the national average was 59.7 per cent.
    • In the 2019 Lok Sabha polls, major sender states such as Bihar and UP had among the lowest voter turnout rates.

    Inability to satisfy “Ordinary Resident” criteria

    • Given the nature of migration being circular and seasonal, migrants are not permanent/long-term residents in host cities.
    • So, they do not satisfy the requirements of being an “ordinary resident” under Section 20 of the Representation of People Act (RP Act), in the host state, to obtain voter cards.
    • They are, therefore, unable to transfer their constituency.

    Solution: Postal ballot

    • The Election Commission of India has under Section 60(c) of the RP Act the power to notify a certain class of persons to vote via postal ballot.
    • The ECI’s much-proclaimed mission to ensure “no voters are left behind” has resulted in attempts to ensure a secure system of postal ballots.
    • In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • The Indian migrant worker should be given the right to vote through a similar system.

    Consider the question “There is scope for increasing the voter turnout in India and enabling the migrant workers to vote could be one of them. Examine the reasons for low voting turnout in India and suggest the measures to improve it.”

    Conclusion

    Securing the migrant workers right to vote will make democracy inclusive, responsible and sensitive to the concerns of those who find it difficult to make their voice heard.

  • The Kihoto Hollohan Judgment and its Significance

    The 28 YO Kihoto Hollohan judgment has found its relevance in the case of ousted Rajasthan Dy. CM and some MLAs who were issued a notice under the anti-defection law.

    Try this question from CSP 2019:

    Q.The Ninth Schedule was introduced in the Constitution of India during the prime-ministership of:

    (a) Jawaharlal Nehru

    (b) Lal Bahadur Shastri

    (c) Indira Gandhi

    (d) Morarji Desai

    Under debate: Speaker’s power

    • The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
    • Since no action was taken by the Speaker on the disqualification petitions, a writ petition was filed before the High Court of Manipur in Imphal seeking directions to decide on the petition.
    • However, the court did not pass an order.
    • It said that the larger issue of whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
    • The parties are left with the option to move the apex court or wait for the outcome of the cases pending before it.

    The Kihoto Hollohan Judgment

    • The 1992 judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
    • Nor would interference be permissible at an interlocutory stage of the proceedings said the Supreme Court.
    • The only exception for any interlocutory interference can be cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.

    Free speech

    • The ruling party in Rajasthan has challenged the constitutionality of Paragraph 2(1)(a) of the Tenth Schedule which makes “voluntarily giving up membership of a political party” liable for disqualification.
    • The MLAs have said the provision infringes into their right to express dissent and is a violation of their fundamental right to free speech as a legislator.
    • The Rajasthan HC Bench explained that the reason for limiting the role of courts in ongoing defection proceedings is that the “office of the Speaker is held in the highest respect and esteem in parliamentary traditions.

    Exceptions to the Kihoto Judgment

    • The judgment had said that even the scope of judicial review against an order of a Speaker or Chairman in anti-defection proceedings would be confined to jurisdictional errors.
    • That is if its infirmities are based on a violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity.

    Back2Basics

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

  • Issues over Delimitation in the Northeast

    The Election Commission has red-flagged the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland, calling it “unconstitutional” and “illegal”. When delimitation last took place in the rest of the country in 2002-08, these states had been left out.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
    • In this process, the number of seats allocated to a state may also change.
    • The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.
    • The Delimitation Commission’s orders cannot be questioned before any court.

    Legal status

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.

    How is delimitation carried out?

    • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
    • Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.
    • The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
    • The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
    • All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.

    Northeast’s concerns

    • In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions overuse of the 2001 Census.
    • The Centre’s move to club the four with J&K comes in the backdrop of unrest in the region over CAA.

    Why were these four states left out in 2002-08?

    • In Arunachal Pradesh, Assam, Manipur and Nagaland, various organisations had moved the Gauhati High Court against the 2002-08 exercise, challenging the use of the 2001 Census for reference.
    • From Assam, an all-party delegation met then Home Minister pleading that delimitation is called off because the National Register of Citizens (NRC) was yet to be updated.
    • The Delimitation Act was amended in 2008, and on February 8, 2008, Presidential orders were issued to defer delimitation in these four states.

    So, when did the government decide to resume delimitation?

    • In February this year, President Kovind cleared the decks for the resumption of the delimitation exercise in the four states by cancelling the earlier order.
    • It noted that there had been a reduction in insurgency incidents, making the situation conducive for carrying out delimitation.

    Will delimitation change the number of seats in these states?

    • Not in the four Northeast states. There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
    • Delimitation will only redraw the boundaries of seats in each state and can rework the number of reserved seats for SCs and STs.
    • However, because of exceptional past circumstances, Jammu & Kashmir’s Assembly seats will now increase from 107 to 114, which is expected to increase the Jammu region’s representation.

  • Enabling people to govern themselves

    The article examines the issues exposed by the pandemic with the current system of governance in India as well as the global level. Strengthening the local governments is suggested as the need of the hour.

    How pandemic exposed the limits of systems

    • Governance systems at all levels, i.e. global, national, and local, have experienced stress as a fallout of the COVID-19 pandemic.
    • There was a breakdown in many subsystems in health care, logistics, business, finance, and administration.
    •  Solutions for one subsystem backfired on other subsystems.
    • For example, lockdowns to make it easier to manage the health crisis have made but it was disastrous for the economy.

    Following 3 are the problems exposed in the governance

    1) Mismatch in abilities and functions

    • Human civilisation advances with the evolution of better institutions to manage public affairs.
    • Institutions of parliamentary democracy did not exist 400 years ago.
    • Institutions of global governance, such as the United Nations and the World Trade Organization, did not exist even 100 years ago.
    • These institutions were invented to enable human societies to produce better outcomes for their citizens.
    • The pandemic has revealed a fundamental flaw in their design.
    • There is a mismatch in the design of governance institutions at the global level with the challenges they are required to manage.

    2) Interconnected issues

    • All 17 Sustainable Development Goal are interconnected with each other.
    • Environmental, economic, and social issues cannot be separated from each other.
    • Experts working in silos or by agencies focused only on their own problems cannot solve these problems.
    • As government responses to the novel coronavirus pandemic have revealed, a good solution to one can create more problems for others.

    3) Local solution requires local problems

    • Even if experts in different discipline arrives at silo-ed solutions at the global level, they will not be able to solve the systemic problems of the SDGs.
    • Because, their solutions must fit the specific conditions of each country, and of each locality within countries too, to fit the shape of the environment and the condition of society there.
    • Solutions for environmental sustainability along with sustainable livelihoods cannot be the same in Kerala and Ladakh.
    • Solutions must be local.
    • For the local people to support the implementation of solutions, they must believe the solution is the right one for them.

    Decentralisation of governance

    • Governance of the people must be not only for the people. It must be by the people too.
    • There are scientific explanations for why local systems solutions are the best.
    • Elinor Ostrom, the first woman to win the Nobel Prize in Economics, had developed the principles for self-governing communities from research on the ground in many countries, including India.
    • Indian Constitution requires devolution of powers to local government too.
    • During pandemic States in India, such as Kerala, have weathered the storm better than others.
    • A hypothesis is that those States and countries in which local governance was stronger have done much better than others.

    Consider the question “Examine the issues with the current system of governance which were exposed by the pandemic. Also explain why decentralisation could improve many problems the governance faces.

    Conclusion

    The government has to support and enable people to govern themselves, to realise the vision of ‘government of the people, for the people, by the people’. Which is also the only way humanity will be able to meet the ecological and humanitarian challenges looming over it in the 21st century.

    Original article:

    https://www.thehindu.com/opinion/lead/enabling-people-to-govern-themselves/article32071943.ece

  • Padmanabhaswamy Temple Verdict by the Supreme Court

    Reversing the 2011 Kerala High Court decision, the Supreme Court upheld the right of the Travancore royal family to manage the property of deity at Sree Padmanabha Swamy Temple in Thiruvananthapuram.

    Try this question from CSP 2016:

    Q.In the context of the history of India, consider the following pairs

    Term              Description
    1.  Eripatti Land, revenue from which was set apart for the maintenance of the village tank
    2. Taniyurs Villages donated to a single Brahmin or a group of Brahmins
    3. Ghatikas Colleges generally attached to the temples

    Which of the pairs given above is/are correctly matched?

    a) 1 and 2

    b) 3 only

    c) 2 and 3

    d) 1 and 3

    What did the apex Court say?

    • The court said that as per customary law, the shebait rights (right to manage the financial affairs of the deity) survive with the members of the family even after the death of the last ruler.
    • The ruling ends the legal battle the temple and members of the royal family have fought with the government for decades over control of one of the richest temples in the world.

    What is the case about?

    • The central legal question was whether the heirs of the last Ruler of Travancore could claim to be the “Ruler of Travancore” after the death of the ruler in 1991.
    • The court examined this claim within the limited meaning of that term according to the Travancore-Cochin Hindu Religious Institutions Act, 1950 to claim ownership, control and management of the ancient Temple.

    Earlier cases of ownership: A background

    • All the temples which were under the control and management of the erstwhile Princely States of Travancore and Cochin were under the control of the Travancore and Cochin Devaswom Boards before 1947.
    • However, as per the Instrument of Accession signed, since 1949, the administration of the Padmanabhaswamy Temple was “vested in trust” in the Ruler of Travancore.
    • The state of Kerala was carved out in 1956 but the temple continued to be managed by the erstwhile royals.

    The legal battle

    • In 1971, privy purses to the former royals were abolished through a constitutional amendment stripping their entitlements and privileges.
    • The move was upheld in court in 1993 and the last ruler of Travancore who died during the pendency of this case continued to manage the affairs of the temple till then.
    • In 1991, when the last ruler’s brother took over the temple management, it created a furore among devotees who moved the courts leading to a long-drawn legal battle.

    Is the temple the property of the royal family?

    • The character of the temple was always recognised as a public institution governed by a statute.
    • The argument of the royal family is that the temple management would vest with them for perpetuity, as per custom.
    • Even though the last ruler executed a detailed will bequeathing his personal properties, he had not included the Sree Padmanabhaswamy Temple as his personal property or dealt with it in his will.

    What about the treasure in the vaults?

    • A consequence of who has administrative rights over the temple is whether the vaults of the temple will be opened.
    • In 2007, the heir claimed that the treasures of the temple were the family property of the royals.
    • Several suits were filed objecting to this claim and a lower court in Kerala passed an injunction against the opening of the vaults.
    • The Kerala High Court in the 2011 ruling passed an order that a board be constituted to manage the affairs of the temple, ruling against the royal family.

    What impact would this ruling have?

    • Since 2011, the process of opening the vaults has led to the discovery of treasures within the Padmanabhaswamy temple, prompting a debate on who owns temple property and how it should be regulated.
    • Despite being a secular country that separates religion from the affairs of the state, Hindu temples, its assets are governed through statutory laws and boards heavily controlled by state governments.
    • This system came into being mainly through the development of a legal framework to outlaw untouchability by treating temples as public land; it has resulted in many legal battles.

  • Smart Cities Mission and the public health

    “Smart Cities Mission” lacks the focus on public health. This article highlights the consequences of this. The article suggests strengthening the of local governments and provisions for the livelihood through an urban employment guarantee scheme.

    “Smart Cities Mission”: Progress so far

    • The ‘Smart Cities Mission’, a flagship programme of the government, completed five years, in June 2020.
    •  The Mission had sought to make 100 selected cities “smart”.
    • Cities are being developed under “Area-Based Development” model.
    • Under this model, a small portion of the city would be upgraded by retrofitting or redevelopment.
    • Many of the projects undertaken under the ‘Smart Cities Mission’ are behind schedule.
    • According to the Ministry of Housing and Urban Affairs, of the 5,151 smart city projects, only 1,638 projects have been completed.
    • In terms of expenditure, of the total investment of ₹2,05,018 crore, only projects worth ₹26,700 crore have been completed.

    Lack of focus on Public health in Smart Cities Mission

    • ‘Smart Cities Mission’ has given little importance to basic services such as public health.
    •  An analysis shows that only 69 of over 5,000 projects undertaken under the Mission were for health infrastructure.
    • These projects are for an estimated cost of ₹2,112 crore, amounting to just around one per cent of the total mission cost.
    • Hence, public health seems to be a major blind spot in India’s smart city dreams.

    Public Health: Essential local government function

    • ‘Smart Cities Mission’ had the stated aim of improving the quality of life of urban residents.
    • Further, public health is an essential local government function in India’s constitutional scheme.
    • As per the 74th Amendment ( 12th Schedule), “public health” is one of the 18 functions that are to be devolved to the municipalities.
    • However, public health infrastructure of cities has often been neglected over the years.

    Strengthening Local Governments

    • Success of Kerala in containing the pandemic has shown how a decentralised political and administrative system can be effective.
    • It is important to strengthen local government capacities.
    • Investment in urban public health systems is needed.
    • Promoting programmes that improve the livelihoods of urban vulnerable communities should be the priority.
    • Programs such as the National Urban Livelihoods Mission and National Urban Health Mission, need to be strengthened.

    Focus on Urban Employment

    • It is time to consider the introduction of a national urban employment guarantee programme.
    • Kerala has been running such a scheme since 2010.
    • States such as Odisha, Himachal Pradesh and Jharkhand have also recently launched similar initiatives in the wake of the COVID-19 crisis.

    Consider the question “Covid pandemic has highlighted the lack of focus on public health in our Smart Cities Mission. Suggest the measures to make our cities resilient and source of livelihood. 

    Conclusion

    As Indian cities face an unprecedented challenge, it is important to get the priorities of urban development right and invest in programmes that improve the health and livelihoods of its residents.

  • Election Commission (EC)’s power to delay elections

    Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

    This newscard contains some interesting facts related to conduct and postpone of elections.

    EC’s power to hold elections

    • The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
    • The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
    • In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

    Powers to delay

    • An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
    • Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
    • But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
    • In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
    • As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

    So can EC postpone elections in Bihar under Section 153 of the RP Act?

    • Powers under Section 153 can be exercised only after an election schedule has been notified.
    • If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
    • The Commission will have to inform the government of its inability to hold polls on time.
    • The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

    Back2Basics

    https://www.civilsdaily.com/news/explained-presidents-rule-in-maharashtra/

  • For the sake of sound fiscal federalism

    Faultlines in the Centre-State fiscal relations have widened due to Covid. This article examines how States are not getting what they should as per the 14th Finance Commission report.

    Centre-state tussle

    • The tussle for the rights of States has been focused on Article 356.
    • Partial behaviour by the Governors, regional party governments were politically destabilised.
    • Little was done to implement the report of  Justice R.S. Sarkaria Commission on Centre-State relations.
    • The new faultline in the Centre-State relation could be over the way report of 14th Finance Commission is being implemented.
    • This began well before COVID-19, but the pandemic and its economic disruption have brought things to an edge.

    Issues over the implementation of 14th Finance Commission report

    • The 14th Finance Commission report in 2015 promised devolution of more finances to the States.
    • As part of the process, States would have new responsibilities, especially in the social sector.
    •  The Goods and Services Tax (GST) regime was also justified as a grand bargain that would eventually leave all States better off.
    • In reality, tax devolution to States has been consistently below 14th Finance Commission projections.
    • One reason for this has been the economic slowdown, and lower-than-expected GST collections.
    • The shortfall in GST collection for 2018-2019 was 22% when compared to projections.
    • Payments to the States have been delayed as well.
    • There is a ₹6.84 lakh crore gap between what the 14th Finance Commission promised to States and what they have received.
    • States undertook programmes and projects spending 46% more than the Central Government; today the figure is 64%.
    • Despite spending less than the states the Centre’s fiscal deficit exceeds the consolidated State deficit by 14%.

    Need to revisit the FRBM provisions

    • Due to pandemic, the fiscal deficit for States, collectively, is inevitably going to breach the projection of 2.04%.
    • As per provisions of the Fiscal Responsibility and Budget Management (FRBM) Act, the GSDP can actually accommodate a fiscal deficit of 3%.
    • Now, post-pandemic, this limit will be crossed.
    • The FRBM has an “escape clause” that allows for a one-time relaxation of the fiscal deficit threshold upto 0.5% in a time of exigency.
    • The escape clause has been utilised by the Centre but it has proven woefully insufficient in addressing the current crisis.
    • Fiscal policymakers and technocrats agree that the rigidity of the FRBM has to be revisited.
    • It should allow for greater flexibility and consultation as to when and how the “escape clause” can be applied.
    • The Centre has gone in for subjective interpretation, imposing conditions that are outside the scope of the FRBM.

    Consider the question “Fiscal tensions have emerged as  a new front in the Centre-State relations. Suggest the steps the Centre should take to address it.”

    Conclusion

    Centre government needs to be more considerate of the financial woes of the State and try to deliver on the recommendations of the 14th Finance Commission report.

  • Quorum not needed for routine standing committee meetings

    The opposition parties in the Rajya Sabha has contradicted the holding the virtual meetings of standing committees to ensure quorum during deliberations.

    Try this question from CSP 2018:

    Q.With reference to the Parliament of India which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub rules, bylaws, etc. conferred by the Constitution or delegated by the Parliament is being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is Quorum?

    • A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group.
    • The requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons.
    • Article 100 (3) of the Constitution of India stipulates that at least 10% of the total number of members of the House must be present to constitute the quorum to constitute a meeting of either House of Parliament.
    • Article 189 (3) and (4) provides for similar provisions for State Legislatures.
    • For example, if the House has a total membership of 500, at least 50 members must be present for the House to proceed with its business.

    What did RS Secretariat say over the requirement of quorum?

    • Parliamentarian these days are unable to travel to Delhi for obvious COVID reasons.
    • The Rajya Sabha secretariat has said that quorum was essential only when the committees are making decisions or adopting reports and not during routine deliberations.

    Back2Basics: What are Standing Committees?

    • Standing Committee is a committee consisting of Members of Parliament.
    • It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.
    • The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees.
    • Standing Committees are of the following kinds :
    1. Financial Standing Committees (FSC)
    2. Department Related Standing Committees (DRSC)
    3. Others Standing Committees (OSC)