💥Crack UPSC In 1st Attempt | Admission Open | Ultimate Assessment Program 2027/2028

Subject: Polity

  • Interstate River Water Dispute

    Importance for Exams

    • Mains : Understand the issue, why is it not resolved yet. Steps taken this year. why they are expected to yield better results compared to the past.
    • Prelims : Make a note of the institutional framework(composition, functions,etc) involved : Provisions of Art. 262, ISWD Act, CRA, CMC, CSC and the newly proposed CRMB.

    In News

    The Kaveri River water dispute between Karnataka and Tamil Nadu(TN) has been lingering on for decades. It crops up whenever there is scanty rainfall leading to shortage of water in Kaveri.
    This year, Kaveri has seen lesser monsoon rains leading to four main reservoirs in its Karnataka basin being partially full. The situation forced Karnataka to turn on it’s commitment of water sharing leading to resentment from TN.

    Timeline

    25 August : Citing a bad monsoon, Karnataka govt announced, it was not in a position to release the TN share of water forcing TN to approach the supreme court.
    5 September : Supreme Court directs Tamil Nadu to approach the Cauvery Supervisory Committee(CSC). CSC asks for data, delays ruling.
    19 September : Cauvery Supervisory Committee asked Karnataka to release 3,000 cusecs per day from September 21 to 30.
    20 September : SC doubled the quantum to 6,000 cusecs from September 21 to 27. directed the centre to constitute within four weeks the Cauvery Water Management Board(CWMB) as directed by Cauvery Water Disputes Tribunal(CWDT) in its 2007 award.
    Riots follow.

    Core Issues

    Historical water use : Since the ancient times, TN had been an agrarian state with more area under agriculture than karnataka. Hence it has depended more on Kaveri. This is the reason why TN has always pushed for a lion’s share and has been awarded one by various tribunals. Karnataka is opposed to this line of thought.
    Present dependence : Karnataka farmers are unhappy because their share of water allows them to grow 1 paddy crop + 2nd less water-intensive crop while their counterparts in TN grow 3 crops a year. Karnataka finds it grossly unfair to release water for Tamil Nadu farmers who want to sow their 2nd crop while its own farmers struggle with the first.

    Ref : http://indianexpress.com/article/explained/cauvery-water-dispute-karnataka-tamil-nadu-supreme-court-3019228/

    The Deadlock

    The reasons for the deadlock are as follows
    1. Institutional failure
    – This issue raises the larger question of the effectiveness of the constitutional provisions of Art 262 relating to Inter-state river water disputes and the Inter-state Water Disputes Act, 1956. River water disputes across India suffer from deadlock.
    – CRA and CMC. CRA is political body with no experts. CMC plays a supportive role to the CRA. Neither Karnataka nor Tamil Nadu has endorsed the role and function of these bodies.

    Ref : http://www.frontline.in/static/html/fl1919/19190090.htm

    2. Politicization of the issue
    The issue has been blown out of proportion for political gains in respective states. It’s very important that the role of politicians and courts come down in deciding technical issues like these and the advice rendered by technocrats is given more importance.
    The proposed Cauvery River Management Board (CRMB) tries to address this issue by having technocrats at decisions making level.

    CM Karnataka Interview

    Way forward

    Cauvery River Management Board (CRMB)
    – The Board will take decisions on water usage and distribution.
    – The Board will also see to it that states ensure proper hydraulic structures at relevant sites.
    – It will determine the amount of water to be received by the states

    The idea is to cut down the dependence on monsoon. The board will ensure adequate storage in the reservoirs before the monsoons till the end of May each year. in case monsoons are delayed, the stored water can help minimize distress.
    In case of consecutive bad years, the Board will handle the issue appropriately by distributing water in a planned manner with minimum distress.

    Ref : http://www.oneindia.com/india/explained-how-will-cauvery-management-board-work-2214962.html

    http://www.thehindu.com/news/national/cauvery-management-board-will-have-representatives-from-karnataka-tn-cwc/article9132098.ece

    Historical Developments

    Only to help you understand the current issue better. Depth not required.

    1892 : Agreement between Madras Presidency and Mysore.
    1924 : 2nd Agreement under the supervision of GoI.
    1970 : fact-finding committee appointed.
    1990 : Cauvery Water Disputes Tribunal (CWDT)is set-up under under the Inter-state Water Disputes Act, 1956.
    Interim orders passed in 1991, 1992 and 1995.
    1998 : Kaveri River Water Scheme notified by the govt. consisting of Cauvery River Authority (CRA) and Cauvery Monitoring Committee (CMC).
    2007 : After 16 years, it announces its award.
    Its distribution is as follows
    – Tamil Nadu -419 tmc ft
    – Karnataka – 270 tmc ft
    – Kerala – 30 tmc ft
    – Puducherry – 7 tmc ft
    This award is challenged by the states. Special Leave Petitions were filed and the Court granted leave.
    2013 : On the direction of the Supreme Court, Govt notified the final reward as proposed by the Tribunal in 2007.

     


    RSTV Debates

  • Citizenship and Related Issues

    • What is citizenship?
    • What does constitution say about citizenship?
    • Special rights enjoyed by citizens
    • Legislations in this regard
    • Termination of citizenship
    • What are OCI and PIO?
    • Merger of OCI and PIO
    • Other changes to citizenship provisions
    • Legislation to give citizenship to minorities
    • Bill to amend citizenship act, 1955

    What is citizenship?

    Citizenship is the status of a person recognized under the custom or law as being a member of a country. A person may have multiple citizenships and a person who does not have citizenship of any state is said to be stateless.

    What does constitution say about citizenship?

    The provisions of citizenship are covered by Articles 5 to 11 and are embodied in Part II of the Constitution.

     

    • Article 5 refers to citizenship not in any general sense but to citizenship on the date of the commencement of the Constitution.
    • Articles 6 and 7 deal with two categories of persons, namely, those who were resi­dents in India but had migrated to Pakistan and those who were residents in Pakistan but migrated to India.
    • Article 8 deals with Rights of citizenship of certain persons of Indian origin residing outside India
    • Under Article 9 of the Constitution, and person who voluntarily acquires the citizenship of any foreign State, even if qualified for Indian citizenship under any provision of the Constitution, may not be a citizen of India.
    • Article 10 says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
    • Article 11 deals with power of Parliament to regulate the right of citizenship by law and states that nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

    Special rights enjoyed by citizens

    Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are:

    • Right to be discriminated on the basis of religion, race, sex, cast or birth of place
    • Equal opportunities in public employment
    • Right of six democratic freedoms (Article 19) + Cultural & educational rights

    Only citizens of India have the right:

    • To hold civil office
    • Right to vote
    • Right to be judges of courts

    Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, Governor of a State, Judge of Supreme Court and High Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a Member of the Parliament and a State Legislature are reserved for citizens only.

    Legislations in this regard

    The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.

     

    • Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways:
    1. Citizenship at the commencement of the constitution of India
    2. Citizenship by birth
    3. Citizenship by descent
    4. Citizenship by registration
    5. Citizenship by naturalization.

    Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in 3 ways – Renunciation, Termination and Deprivation

    There are 3 situations under which a citizen of India may lose his Indian Nationality.

    • By Renunciation: If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen of registration of such declaration.
    • By Termination: Any person who acquired Indian citizenship by naturalisation, registration or otherwise,, of he or she voluntarily acquired the citizenship of another country he shall have ceased to be a citizen of India from the date of such acquisition.
    • By Deprivation: The Central Government is empowered to deprive a citizen of his citizenship by possible grounds of a citizenship certificate by means of fraud, false representation, concealment of any material fact; disloyalty of disaffection towards the Constitution shown by act or speech; assisting an enemy with whom India is at war.

    What are OCI and PIO?

    source

    Merger of OCI and PIO and how it will help

    The government has decided to merge the two cards of PIO and OCI and go ahead in this direction.

    • Merging PIO and OCI will lead to simplification of the rules under a single umbrella.
    • It was envisaged that merger of the card would facilitate visa-free travel to India, rights of residency and participation in business and educational activities in the country.
    • This is aimed at simplifying the visa-free entry for people of Indian origin into India.
    • The merger of the two cards could make PIO cardholders eligible for benefits already enjoyed by OCI cardholders.
    • Merging of the two cards will facilitate travel of Indians staying abroad and their participation in various activities in India.

    Other changes to citizenship provisions

    The Union Cabinet has approved proposals for extending several benefits to ‘persecuted’ minorities from Pakistan, Afghanistan and Bangladesh living in India on long-term visas. Many members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have come to India fearing persecution in their home countries.

    • The beneficiaries can buy property for self-occupation or use in self-employment.
    • They are allowed free movement within the State of their stay, and can get their long-term visa papers transferred from one State to another.
    • The government has permitted them to apply for long-term visas from the place of their current residence, even if they have moved to the present place without seeking permission.
    • The government has waived the penalty on late application for extension of their short- or long-term visas. The registration fees for citizenship will be reduced to Rs. 100 from Rs. 3,000-15,000.

    Soon, the Citizenship Rules, 2009, will be amended to help such persons get citizenship.

    Legislation to give citizenship to minorities

    • In other legislation People belonging to minority communities of Pakistan, staying in India on a Long Term Visa, will soon be able to get citizenship.
    • The Centre will set up a 4-day camp here to grant Indian citizenship to those who migrated to India from Pakistan between 1971 and 2009. The application process is divided into three categories to bucket them according to their year of migration.

    Bill to amend citizenship act, 1955

    • The government is also likely to introduce a Bill in the monsoon session of Parliament to amend the Citizenship Act, 1955
    • Amendment: Definition of “illegal migrants” to be changed that will enable the government to grant citizenship to minorities
    • The minorities aimed are at mostly Hindus, from Pakistan, Bangladesh and Afghanistan, who have fled their country fearing religious persecution

    Read all details about this bill and associated issues here:

    [Burning Issues] Citizenship Amendment Bill (CAB) 2016


    References: