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Type: Explained

These Newscards correspond to the explained section of various newspapers. They become immensely important for both prelims and mains and special attention needs to be paid to them

  • How & why of oxygen therapy

    How Covid-19 leads to shortness of breath?

    • Shortness of breath occurs because of the way Covid-19 affects the patient’s respiratory system.
    • When a person inhales, the tiny air sacs in the lungs — alveoli — expand to capture this oxygen, which is then transferred to blood vessels and transported through the rest of the body.
    • Respiratory epithelial cells line the respiratory tract.
    • Their primary function is to protect the airway tract from pathogens and infections, and also facilitate gas exchange.
    • And the SARS-CoV-2 coronavirus can infect these epithelial cells.
    • To fight such infection, the body’s immune system releases cells that trigger inflammation.
    • When this inflammatory immune response continues, it impedes the regular transfer of oxygen in the lungs.
    • Simultaneously, fluids too build up.
    • Both these factors combined make it difficult to breathe.
    •  Low levels of oxygen triggered by Covid-19 are inflammatory markers, which include elevated white blood cell counts and neutrophil counts.

    Does a patient always show Covid symptoms when their oxygen levels drop?

    • No.
    • According to the FAQs on Covid-19 from AIIMS e-ICUS, sudden deaths have been reported at presentation to the emergency department, as well as in hospital.
    • AIIMS has said that the reasons that have been proposed include a sudden cardiac event, preceding “silent hypoxia” that went unnoticed, or due to a thrombotic complication such as pulmonary thromboembolism.
    • In silent hypoxia, patients have extremely low blood oxygen levels, yet do not show signs of breathlessness.

  • President’s address in Parliament

    Many Opposition parties announced their decision to boycott the President’s address to the joint sitting of Parliament at the start of the Budget session in solidarity with the farmers protesting against the three farm laws.

    Try this PYQ:

    Q. The President’s address is one of the most solemn occasions in the Parliamentary calendar. Discuss. Highlight its importance in Parliamentary Democracy.

    President’s address

    • The Constitution gives the President the power to address either House or a joint sitting of the two Houses of Parliament.
    • Article 87 provides two special occasions on which the President addresses a joint sitting. The first is to address the opening session of a new legislature after a general election.
    • The second is to address the first sitting of Parliament each year. A session of a new or continuing legislature cannot begin without fulfilling this requirement.
    • When the Constitution came into force, the President was required to address each session of Parliament.

    In the UK, the history of the monarch addressing the Parliament goes back to the 16th century.  In the US, President Gorge Washington addressed Congress for the first time in 1790.

    History & precedent

    • In India, the practice of the President addressing Parliament can be traced back to the Government of India Act of 1919.
    • This law gave the Governor-General the right of addressing the Legislative Assembly and the Council of State.
    • The law did not have a provision for a joint address but the Governor-General did address the Assembly and the Council together on multiple occasions.
    • There was no address by him to the Constituent Assembly (Legislative) from 1947 to 1950.
    • And after the Constitution came into force, President Rajendra Prasad addressed members of Lok Sabha and Rajya Sabha for the first time on January 31, 1950.

    By the govt, about the govt

    • The President’s speech essentially highlights the government’s policy priorities and plans for the upcoming year. The address provides a broad framework of the government’s agenda and direction.
    • There is no set format for the President’s speech. The Constitution states that the President shall “inform Parliament of the cause of the summons”.

    How it is done in India?

    • The speech that the President reads is the viewpoint of the government and is written by it.
    • Usually, in December, the PM’s Office asks the various ministries to start sending in their inputs for the speech.
    • A message also goes out from the Ministry of Parliamentary Affairs asking ministries to send information about any legislative proposals that need to be included in the President’s address.
    • All this information is aggregated and shaped into a speech, which is then sent to the President. The government uses the President’s address to make policy and legislative announcements.

    Assembly debates on the matter

    • During the making of the Constitution, Prof K T Shah wanted the President’s address to be more specific.
    • He suggested that the language be changed to specify that the President shall inform Parliament “on the general state of the Union including financial proposals, and other particular issues of policy he deems suitable for such address”.
    • His amendment was inspired by the US Constitution, according to which the President gives to Congress information on the State of the Union, and recommend measures as he shall judge necessary.
    • But Shah’s amendment was rejected by the Constituent Assembly.
    • The address of the President follows a general structure in which it highlights the government’s accomplishments from the previous year and sets the broad governance agenda for the coming year.

    Notable addresses till date

    • In 1985 President Giani Zail Singh announced that PM Rajiv Gandhi’s government intended to introduce a new national education policy and the anti-defection law.
    • In 1996, PM Vajpayee’s 13-day government announced its intention of giving statehood to Uttaranchal and Vananchal (Jharkhand) and 33 percent reservation to women in legislatures.
    • During his second stint in 1999, Vajpayee’s government mooted the idea of a fixed term for Lok Sabha and State Vidhan Sabhas.
    • After the devastating tsunami of 2004, PM Manmohan Singh’s government used the President’s Address to announce the creation of a national law for disaster management.

    Procedure & tradition

    • In the days following the President’s address, a motion is moved in the two Houses thanking the President for his address.
    • This is an occasion for MPs in the two Houses to have a broad debate on governance in the country.
    • The PM replies to the motion of thanks in both Houses and responds to the issues raised by MPs.
    • The motion is then put to vote and MPs can express their disagreement by moving amendments to the motion.

    Role of the opposition

    • Opposition MPs have been successful in getting amendments passed to the motion of thanks in Rajya Sabha on five occasions (1980, 1989, 2001, 2015, 2016).
    • They have been less successful in Lok Sabha. For example in 2018, Lok Sabha MPs tabled 845 amendments of which 375 were moved and negated.

    Significance of the address

    • The President’s address is one of the most solemn occasions in the Parliamentary calendar.
    • It is the only occasion in the year when the entire Parliament, i.e. the President, Lok Sabha, and Rajya Sabha come together.
    • The event is associated with ceremony and protocol.
    • The Lok Sabha Secretariat prepares extensively for this annual event.
    • In the past, it used to get 150 yards of red baize cloth from the President’s house for the ceremonial procession.

  • Comparison between India- Bangladesh per capita GDP

    In IMF’s latest Economic Outlook, Bangladesh has overtaken India in GDP per capita. This has caught everyone’s attention.

    Do you know?

    • In the 2019 edition of Transparency International’s rankings, Bangladesh ranks a low 146 out of 198 countries (India is at 80th rank; a lower rank is worse off).
    • In the latest gender parity rankings, out of 154 countries mapped for it, Bangladesh is in the top 50 while India languishes at 112.

    Bangladesh surpasses India

    • Typically, countries are compared on the basis of GDP growth rate, or on absolute GDP.
    • For the most part since Independence, on both these counts, India’s economy has been better than Bangladesh’s.
    • This can be seen from Charts 1 and 2 that map GDP growth rates and absolute GDP — India’s economy has mostly been over 10 times the size of Bangladesh, and grown faster every year.
    • However, per capita income also involves another variable — the overall population — and is arrived at by dividing the total GDP by the total population.

    What made India lag behind?

    There are three reasons why India’s per capita income has fallen below Bangladesh this year:

    • The first thing to note is that Bangladesh’s economy has been clocking rapid GDP growth rates since 2004.
    • Secondly, over the same 15-year period, India’s population grew faster (around 21%) than Bangladesh’s population (just under 18%).
    • Lastly, the most immediate factor was the relative impact of Covid-19 on the two economies in 2020. While India’s GDP is set to reduce by 10%, Bangladesh’s is expected to grow by almost 4%.

    How has Bangladesh managed to grow so fast and so robustly?

    • Freshly start: In the initial years of its independence with Pakistan, Bangladesh struggled to grow fast. However, moving away from Pakistan also gave the country a chance to start afresh on its economic and political identity.
    • Diverse labour participation: As such, its labour laws were not as stringent and its economy increasingly involved women in its labour force. This can be seen in higher female participation in the labour force.
    • Textile boom: A key driver of growth was the garment industry where women workers gave Bangladesh the edge to corner the global export markets from which China retreated.
    • Less dependence on Agriculture: It also helps that the structure of Bangladesh’s economy is such that its GDP is led by the industrial sector, followed by the services sector. Both of these sectors create a lot of jobs and are more remunerative than agriculture.
    • Better social capital: Bangladesh improved a lot on several social and political metrics such as health, sanitation, financial inclusion, and women’s political representation.

    Retaining the lead

    • The IMF’s projections show that India is likely to grow faster next year and in all likelihood again surge ahead.
    • But, given Bangladesh’s lower population growth and faster economic growth, India and Bangladesh are likely to be neck and neck for the foreseeable future in terms of per capita income.

  • Explained: Auction theory

    This year, the Nobel Prize for Economics was awarded to Paul R Milgrom and Robert B Wilson for “improvements to auction theory and inventions of new auction formats”.

    Do you remember the 2G spectrum scam, Coalgate scam etc. that rocked the nation? Can you relate this auction theory for bidding public assets to private entities?

    What is Auction?

    • Essentially, it is about how auctions lead to the discovery of the price of a commodity.
    • Auction theory studies how auctions are designed, what rules govern them, how bidders behave and what outcomes are achieved.
    • When one thinks of auctions, one typically imagines the auction of a bankrupt person’s property to pay off his creditors.
    • Indeed, this is the oldest form of auction. This simple design of such an auction — the highest open bidder getting the property (or the commodity in question) — is intuitively appealing as well.

    Evolving definitions of auction

    • Over time, and especially over the last three decades, more and more goods and services have been brought under auction.
    • The nature of these commodities differs sharply. For instance, a bankrupt person’s property is starkly different from the spectrum for radio or telecom use.
    • Similarly, carbon dioxide emission credits are quite different from the spot market for buying electricity, which, in turn, is quite different from choosing which company should get the right to collect the local garbage.
    • In other words, no one auction design fits all types of commodities or seller.

    The Auction Theory

    Three key variables need to be understood before we move to actual propositions.

    (1) Rules of the auction

    • Imagine participating in an auction. Your bidding behaviour is likely to differ if the rules stipulate open bids as against closed/sealed bids.
    • The same applies to single bids versus multiple bids, or whether bids are made one after another or everyone bids at the same time.

    (2) Commodity or service

    • The second variable is the commodity or service being put up for auction. In essence, the question is how each bidder values an item.
    • This is not always easy to ascertain. In terms of telecom spectrum, it might be easier to peg the right value for each bidder because most bidders are likely to put the spectrum to the same use.
    • This is called the “common” value of an object.

    (3) Uncertainty

    • The third variable is uncertainty.
    • For instance, which bidder has what information about the object, or even the value another bidder associates with the object.

    The theory

    • Wilson developed the theory for auctions of objects with a common value — a value which is uncertain beforehand but, in the end, is the same for everyone”.
    • Wilson showed what the “winner’s curse” is in an auction and how it affects bidding.
    • As shown in the illustration, it is possible to overbid — $50 when the real value is closer to $25. In doing so, one wins the auction but loses out in reality.
    • Milgrom “formulated a more general theory of auctions that not only allows common values but also private values that vary from bidder to bidder”.
    • He analysed the bidding strategies in a number of well-known auction formats, demonstrating that a format will give the seller higher expected revenue when bidders learn more about each other’s estimated values.

    Significance of Auction theory

    • Throughout history, countries have tried to allocate resources in various ways.
    • Some have tried to do it through political markets, but this has often led to biased outcomes. For Ex: The rationing of essential goods worked in State-controlled economies. People who were close to the bureaucracy and the political class came out ahead of others.
    • Lotteries are another way to allocate resources, but they do not ensure that scarce resources are allocated to people who value it the most.
    • Auctions, for a good reason, have been the most common tool for thousands of years used by societies to allocate scarce resources.
    • When potential buyers compete to purchase goods in an auction, it helps sellers discover those buyers who value the goods the most.
    • Further, selling goods to the highest bidder also helps the seller maximise his or her revenues. So, both buyers and sellers benefit from auctions.
    • Whether it is the auction of spectrum waves or the sale of fruits and vegetables, auctions are at the core of allocation of scarce resources in a market economy.

    What are the criticisms levelled against auctions and what are the economists contribution?

    1.Issue of Winner’s Curse

    • The most common one is that auctions can lead buyers to overpay for resources whose value is uncertain to them.
    • This criticism, popularly known as the ‘winner’s curse’, is based on a study that showed how buyers who overpaid for U.S. oil leases in the 1970s earned low returns. Dr. Wilson was the first to study this matter.
    • The rational bidders may decide to underpay for resources in order to avoid the ‘winner’s curse’, and Dr. Wilson argued that sellers can get better bids for their goods if they share more information about it with potential buyers

    2.Auction formats

    • Economists traditionally working on auction theory believed that all auctions are the same when it comes to the revenues that they managed to bring in for sellers. The auction format, in other words, did not matter.
    • This is known as the ‘revenue equivalence theorem’.
    • But Dr. Milgrom showed that the auction format can actually have a huge impact on the revenues earned by sellers.
    • The most famous case of an auction gone wrong for the seller was the spectrum auction in New Zealand in 1990.
    • In what is called a ‘Vickrey auction’, where the winner of the auction is mandated to pay only the second-best bid, a company that bid NZ$1,00,000 eventually paid just NZ$6 and another that bid NZ$70,00,000 only paid NZ$5,000.
    • In particular, Dr. Milgrom showed how Dutch auctions, in which the auctioneer lowers the price of the product until a buyer bids for it, can help sellers earn more revenues than English auctions.
    • In the case of English auctions, the price rises based on higher bids submitted by competing buyers. But as soon as some of the bidders drop out of the auction as the price rises, the remaining bidders become more cautious about bidding higher prices.

    Conclusion

    • The contributions of Dr. Milgrom and Dr. Wilson have helped governments and private companies design their auctions better.
    • This has, in turn, helped in the better allocation of scarce resources and offered more incentives for sellers to produce complex goods.

  • Narco Test and the Issue of Consent

    Involuntary administration of narco or lie detector tests is an “intrusion” into a person’s “mental privacy,” a Supreme Court judgment of 2010 has held.

    Try this question:

    Q.What are the ethical issues associated with the Lie-detection tests?

    Various Lie detector tests

    (1) Polygraph Test

    • A polygraph test is based on the assumption that physiological responses that are triggered when a person is lying are different from what they would be otherwise.
    • Instruments like cardio-cuffs or sensitive electrodes are attached to the person, and variables such as blood pressure, pulse, respiration, change in sweat gland activity, blood flow, etc., are measured as questions are put to them.
    • A numerical value is assigned to each response to conclude whether the person is telling the truth, is deceiving, or is uncertain.

    (2) Narcoanalysis

    • Narcoanalysis, by contrast, involves the injection of a drug, sodium pentothal, which induces a hypnotic or sedated state.
    • In such a state, the subject’s imagination is neutralized, and they are expected to divulge information that is true.
    • The drug, referred to as “truth serum” in this context, was used in larger doses as anaesthesia during surgery and is said to have been used during World War II for intelligence operations.

    Why these tests are so (in)famous?

    • Investigating agencies seek to employ these tests in the investigation, and are sometimes seen as being a “softer alternative” to torture or “third degree” to extract the truth from suspects.
    • These tests put into consideration the international norms on human rights, the right to a fair trial, and the right against self-incrimination under Article 20(3) of the Constitution.

    Legal status in India

    • In ‘Selvi & Ors vs State of Karnataka & Anr’ (2010), a Supreme Court Bench comprising CJI ruled that no lie detector tests should be administered “except on the basis of the consent of the accused”.
    • Those who volunteer must have access to a lawyer, and have the physical, emotional, and legal implications of the test explained to them by police and the lawyer, the Bench said.
    • It said that the ‘Guidelines for the Administration of Polygraph Test on an Accused’ published by the National Human Rights Commission in 2000, must be strictly followed.
    • The subject’s consent should be recorded before a judicial magistrate, the court said.

    What was the latest Judgement?

    • Involuntary administration of narco or lie detector tests is an “intrusion” into a person’s “mental privacy,” a Supreme Court judgment of 2010 has held.
    • The consequences of such tests on “individuals from weaker sections of society who are unaware of their fundamental rights and unable to afford legal advice” can be devastating.
    • It may involve future abuse, harassment and surveillance, even leakage of the video material to the Press for a “trial by media.”
    • Such tests are an affront to human dignity and liberty and have long-lasting effects.
    • “An individual’s decision to make a statement is the product of a private choice and there should be no scope for any other individual to interfere with such autonomy,” the apex court had held.

    Legal status of its outcome

    • The results of the tests cannot be considered to be “confessions”, because those in a drugged-induced state cannot exercise a choice in answering questions that are put to them.
    • However, any information or material subsequently discovered with the help of such a voluntarily-taken test can be admitted as evidence, the court said.
    • Thus, if an accused reveals the location of a murder weapon in the course of the test, and police later find the weapon at that location, the statement of the accused will not be evidence, but the weapon will be.

  • China’S Climate Commitment

    Context- Speaking at the UN General Assembly, Chinese President Xi Jinping made two promises that came as a welcome surprise to climate change watchers.

    What has China announced ?

    • First, Xi said, China would become carbon net-zero by the year 2060.
      • Net-zero is a state in which a country’s emissions are compensated by absorptions and removal of greenhouse gases from the atmosphere.
      • Absorption can be increased by creating more carbon sinks such as forests, while removal involves application of technologies such as carbon capture and storage.
    • Second, the Chinese President announced a small but important change in China’s already committed target for letting its emissions “peak”, from “by 2030” to “before 2030”.
      • That means China would not allow its greenhouse gas emissions to grow beyond that point.
      • Xi did not specify how soon “before 2030” means, but even this much is being seen as a very positive move from the world’s largest emitter.

    How significant is China’s commitment?

    • China is the world’s largest emitter of greenhouse gases. It accounts for almost 30% of global emissions, more than the combined emissions in the United States, the European Union and India, the three next biggest emitters.
    • Getting China to commit itself to a net-zero target is a big breakthrough, especially since countries have been reluctant to pledge themselves to such long term commitments.
    • So far, the European Union was the only big emitter to have committed itself to a net-zero emission status by 2050.

  • CBD Oil

    Context- Earlier this week, late actor Irrfan Khan’s wife Sutapa Sikdar made an appeal to legalise CBD oil in India for its potential to treat cancer. Her appeal followed the criticism of actor Rhea Chakrabaorty after it was reported that she had administered CBD oil, used as a pain reliever for some, to Sushant Singh Rajput when he was alive.

    About CBD oil ?

    • CBD oil is an extract from the cannabis plant. The two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC.
    • The high that is caused by the consumption of cannabis is due to THC. CBD, however, does not cause a “high” or any form of intoxication.
    • CBD oil is made by extracting CBD from the cannabis plant, then diluting it with a carrier oil like coconut or hemp seed oil.
    • Cannabidiol can reduce pain and anxiety. It also reduces psychotic symptoms associated with conditions such as schizophrenia as well as epilepsy.
    • There is not enough robust scientific evidence to prove that CBD oil can safely and effectively treat cancer.
    • CBD oil manufactured under a license issued by the Drugs and Cosmetics Act, 1940 can be legally used. However, the use of cannabis as a medicine is not much prevalent in India.

  • Who was Kanaklata Barua ?

    A Fast Patrol Vessel (FPV) named ICGS Kanaklata Barua was commissioned in the Indian Coast Guard on Wednesday, in Kolkata. It is named after a teenage freedom fighter who was shot dead in Assam during the Quit India Movement.

    Who was Kanaklata Barua ?

    • One of the youngest martyrs of the Quit India Movement, Kanaklata Barua has iconic status in Assam. Barua.
    • Then 17, led the Mukti Bahini, a procession of freedom fighters to unfurl the Tricolour at Gohpur police station on September 20, 1942. When police did not let them move forward, an altercation led to firing, killing Barua at the head of the procession.
    • She had joined the Mrityu Bahini [a kind of a suicide squad] just two days before the incident. The squad strictly admitted members aged 18 and above but Kanaklata was an exception. She wanted to lead the procession and after much persuasion she was allowed to.
    •  Even as Barua fell to bullets, she did not let go of the flag. She did not want it to touch the ground. Another woman volunteer behind her — Mukunda Kakoty — came and held the flag, and she, too, was shot.

      How important is her legacy ?

    •  1940’s was a time where you saw a lot of women coming to the fore, leading processions, patriotic fervour was at its peak — and Kanaklata was a product of this time.
    • There are schools named after her, there are two statues, there is a ship. While we see her as an icon now, people in her village hated her then — she was a rebel, who questioned patriarchy.

  • What are defence offsets ?

    What are defence offsets ?

    • In simplest terms, the offset is an obligation by an international player to boost India’s domestic defence industry if India is buying defence equipment from it.
    • Since defence contracts are costly, the government wants part of that money either to benefit the Indian industry, or to allow the country to gain in terms of technology.
    • The Comptroller and Auditor General (CAG) defined offsets as a “mechanism generally established with the triple objectives of: (a) partially compensating for a significant outflow of a buyer country’s resources in a large purchase of foreign goods (b) facilitating induction of technology and (c) adding capacities and capabilities of domestic industry”.

    When was the policy introduced?

    • The policy was adopted on the recommendations of the Vijay Kelkar Committee in 2005.
    • The idea was that since India has been buying a lot of defence equipment from foreign countries, so that India can leverage its buying power by making them discharge offset obligations, which is the norm world over.
    • The Sixth Standing Committee on Defence (2005-06) had recommended in December 2005 in its report on Defence Procurement Policy and Procedure that modalities for implementation of offset contracts should be worked out.
    • The first offset contract was signed in 2007.

    How can a foreign vendor fulfil its offset obligations?

    • There are multiple routes. Until 2016, the vendor had to declare around the time of signing the contract the details about how it will go about it. In April 2016, the new policy amended it to allow it to provide it “either at the time of seeking offset credits or one year prior to discharge of offset obligations”.
    •  Investment in ‘kind’ in terms of transfer of technology (TOT) to Indian enterprises, through joint ventures or through the non-equity route for eligible products and services.
    •  Investment in ‘kind’ in Indian enterprises in terms of provision of equipment through the non-equity route for manufacture and/or maintenance of products and services.
    •  Provision of equipment and/or TOT to government institutions and establishments engaged in the manufacture and/or maintenance of eligible products, and provision of eligible services, including DRDO (as distinct from Indian enterprises).
    • Technology acquisition by DRDO in areas of high technology.

    Will no defence contracts have offset clauses now ?

    • Only government-to-government agreements (G2G), ab initio single vendor contracts or inter-governmental agreements (IGA) will not have offset clauses anymore. For example, the deal to buy 36 Rafale fighter jets, signed between the Indian and French governments in 2016, was an IGA.
    • IGA is an agreement between two countries, and could be an umbrella contract, under which you can go on signing individual contracts. G2G is transaction specific, or an acquisition specific agreement.

     

    Why was the clause removed?

    •  Vendors would “load” extra cost in the contract to balance the costs, and doing away with the offsets can bring down the costs in such contracts.

    Conclusion-  The CAG is not very hopeful of the obligations being met by 2024. It said the audit “found that the foreign vendors made various offset commitments to qualify for the main supply contract but later, were not earnest about fulfilling these commitments”.

  • Explained: Farm Acts and federalism

    The President has finally given assent to the controversial farm Bills passed by Parliament last week. Amid protests by farmers’ organisations across the country, questions are being raised about the anti-federal nature of these ‘Acts’.

    Here we shall only discuss its constitutionality and federal nature. Tap to read more about the theme at:

    What is the question over the constitutionality of these laws?

    • These are some of the questions that will be raised in the petitions challenging the constitutionality of the Acts.
    • As per Union of India v H.S.Dhillon (1972), the constitutionality of parliamentary laws can be challenged only on two grounds — that the subject is in the State List, or that it violates fundamental rights.
    • As per Ram Krishna Dalmia v Justice S R Tendolkar (1958) and other judgments, the Supreme Court will begin hearings after presuming the constitutionality of these laws.
    • The bills (now Acts as they have got the President’s assent) do not mention, in the Statement of Objects & Reasons, the constitutional provisions under which Parliament has the power to legislate on the subjects covered.

    Where does the question of federalism come in?

    What is federalism, first?

    • Federalism is the system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units.
    • It is based upon democratic rules and institutions in which the power to govern is shared between national and state governments, creating a federation.
    • It essentially means both the Centre and states have the freedom to operate in their allotted spheres of power, in coordination with each other.

    Try this PYQ:

    Q.Which of the following federal principles are not found in Indian federation?

    1. Bifurcation of the judiciary between the Federal and State Governments
    2. Equality of representation of the states in the upper house of the Federal Legislature
    3. The Union cannot be destroyed by any state seceding from the Union at its will
    4. Federal Government can redraw the map of the Indian Union by forming new States

    Select the correct answer using the codes given below:

    a) 1, 2 and 3

    b) 2, 3 and 4

    c) 1 and 2

    d) 3 and 4

    Federalism in India

    • The Seventh Schedule of the Constitution contains three lists that distribute power between the Centre and states.
    • There are 97 subjects in the Union List, on which Parliament has exclusive power to legislate (Article 246); the State List has 66 items on which states alone can legislate.
    • The Concurrent List has 47 subjects on which both the Centre and states can legislate, but in case of a conflict, the law made by Parliament prevails (Article 254).
    • Parliament can legislate on an item in the State List under certain specific circumstances laid down in the Constitution.

    Concretization of the idea

    • Federalism, like constitutionalism and separation of powers, is not mentioned in the Constitution. But it is the very essence of our constitutional scheme.
    • In the State of West Bengal v Union of India (1962), the Supreme Court held that the Indian Constitution is not federal.
    • But in SR Bommai v Union of India (1994), a nine-judge Bench held federalism as part of the basic structure of the Constitution.
    • Neither the relative importance of the legislative entries in Schedule VII, Lists I and II of the Constitution, nor the fiscal control by the Union per se is decisive to conclude the Constitution is unitary.
    • The respective legislative powers are traceable to Articles 245 to 254… The State qua the Constitution is federal in structure and independent in its exercise of legislative and executive power,” it said.

    Where is agriculture in the scheme of legislative powers?

    Terms relating to agriculture occur at 15 places in the Seventh Schedule.

    1. Entries 82, 86, 87, and 88 in the Union List mention taxes and duties on income and assets, specifically excluding those in respect of agriculture.
    2. In the State List, eight entries contain terms relating to agriculture: Entry 14 (agricultural education and research, pests, plant diseases); 18 (rights in or over land, land tenures, rents, transfer agricultural land, agricultural loans, etc.); 28 (markets and fairs); 30 (agricultural indebtedness); 45 (land revenue, land records, etc.); 46 (taxes on agricultural income); 47 (succession of agricultural land); and 48 (estate duty in respect of agricultural land).
    3. In the Concurrent List, Entry 6 mentions the transfer of property other than agricultural land; 7 is about various contracts not relating to agricultural land; and 41 deals with evacuee property, including agricultural land.
    • It is clear that the Union List and Concurrent List put matters relating to agriculture outside Parliament’s jurisdiction, and give state legislatures exclusive power.
    • No entry in respect of agriculture in the State List is subject to any entry in the Union or Concurrent Lists.

    What about Entry 27 of the State List that is subject to Entry 33 of List III (Concurrent)?

    • Entry 33 of the Concurrent List mentions trade and commerce, production, supply and distribution of domestic and imported products of an industry over which Parliament has control in the public interest.
    • This includes foodstuffs, including oilseeds and oils; cattle fodder; raw cotton and jute.
    • The Centre could, therefore, argue that it is within its powers to pass laws on contract farming and intra- and inter-state trade, and prohibit states from imposing fees/cesses outside APMC areas.
    • However, like education, farming is an occupation, not trade or commerce.
    • If foodstuffs are considered synonymous with agriculture, then all the powers of states in respect of agriculture, listed so elaborately in the Constitution, shall become redundant.

    So what happens in case of legislation that covers entries in two Lists?

    • In cases such as State of Rajasthan v G Chawla (1959), courts have used the doctrine of “pith and substance” to determine the character of legislation that overlaps between entries.
    • The constitutionality of legislation is upheld if it is largely covered by one list and touches upon the other list only incidentally.
    • But the two new farm Acts go beyond that — they impinge on entries in the State List.
    • In interpreting the lists, the Supreme Court in State of Bihar v Kameshwar Singh (1952) invoked the doctrine of colourable legislation, which means you cannot do indirectly what you cannot do directly.

    What is the Doctrine of Colorable Legislation?

    • This doctrine refers to the question of competency of the legislature while enacting a provision of law.
    • If a legislature is prohibited from doing something, it may not be permitted to do this under the guise or pretence of doing something while acting within its lawful jurisdiction and this prohibition is an implied result of the maxim “what cannot be done directly, cannot be done indirectly”
    • This doctrine is a tool used to determine the legislative competence of laws enacted by various legislatures.
    • Therefore, it is a means to implement the separation of powers and impose judicial accountability.