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Type: States

  • Electoral Reforms In India

    Maharashtra to introduce ballot papers along with EVMs

    States | Polity | Mains Paper 2: Representation Of People’s Act

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Article 328

    Mains level: EVM issues

    Maharashtra Assembly Speaker has directed the State Law and Justice Department to prepare the draft of a Bill which provides an option to voters to exercise their franchise on ballot papers along with electronic voting machines (EVMs).

    Manner of holding elections

    • Article 328 of the Indian Constitution and number 37 of the State List of the seventh schedule of the Constitution provide rights to the State legislature to formulate a law on the manner of holding elections within the State.
    • The state cannot abolish the EVMs completely.
    • They are just demanding an additional provision of ballot paper as well for whoever wants to use that.
    • Directions have been given to check the constitutional validity of the argument and prepare the draft of a Bill.

    Background

    • The Election Commission has been conducting all elections through EVMs since 2001.
    • The Indian EVM is a direct recording device, which is a stand-alone machine.
    • The Election Commission has clarified several times that Indian EVMs don’t talk to any machine outside its own system – be it through a wired network, internet, satellite, and WiFi or Bluetooth.
    • The EVM is not connected to the server, so cyber hacking of Indian EVMs is not possible unless an authorised person acts with malafide intention.
    • In 2014, a whopping 55.38 crore people cast their votes in EVMs in the parliamentary elections.

    Considerations behind such a move

    • On EVMs, a voter can never be 100% sure about whom he or she has voted and whether that particular candidate has received the vote.
    • It is a right of every voter to be 100% sure about it and also essential for the democratic process.”
    • Over the past few years, serious concerns and doubts had been raised over the EVMs and whether those could be manipulated.
    • The option of ballot voting would boost people’s confidence in the electoral process which would ultimately lead to an increase in voting percentage.

    Q.The EC’s role in ensuring the people’s faith in democracy is paramount. The loss of public faith in democracy and its protector institutions spells nothing but disaster. Discuss.

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  • Urban Transformation – Smart Cities, AMRUT, etc.

    [pib] Rajasthan becomes the 5th State to complete ULB reforms

    PIBStates | Governance | Mains Paper 2: Panchayats & Local Bodies

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: ULBs in India

    Mains level: ULB reforms

    Rajasthan has become the 5thState in the country to successfully undertake Urban Local Bodies (ULB) reforms stipulated by the Department of Expenditure, Ministry of Finance and has thus become eligible for additional reform linked to borrowing.

    Which are the four other States?

    : They are Andhra Pradesh, Madhya Pradesh, Manipur and Telangana, who have completed ULB reforms.

    Now try this PYQ:

    Q.The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?

    1. Constitution of District Planning Committees.
    2. State Election Commissions to conduct all panchayat elections.
    3. Establishment of State Finance Commissions.

    Select the correct answer using the codes given below:

    (a) Only 1

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    What are the ULB reforms?

    The four citizen-centric areas identified for reforms are:

    1. Implementation of One Nation One Ration Card System
    2. Ease of doing business reform
    3. Urban Local body/ utility reforms
    4. Power Sector reforms.

    The set of reforms stipulated by the Department of Expenditure are:

    (a) The State will notify:

    • Floor rates of property tax in ULBs which are in consonance with the prevailing circle rates (i.e. guideline rates for property transactions) and;
    • Floor rates of user charges in respect of the provision of water supply, drainage, and sewerage which reflect current costs/past inflation.

    (b)   The State will put in place a system of periodic increases in floor rates of property tax/ user charges in line with price increases.

    Why need such reforms?

    • Reforms in ULBs and the urban utility reforms are aimed at the financial strengthening of ULBs to enable them to provide better public health and sanitation services to citizens.
    • Economically rejuvenated ULBs will also be able to create good civic infrastructure.

    Back2Basics: Municipal Governance in India

    • Municipal or local governance refers to the third tier of governance in India, at the level of the municipality or urban local body.
    • Urban Local Bodies (ULBs) are small local bodies that administer or govern a city or a town of a specified population.
    • They are vested with a long list of functions delegated to them by the state governments.
    • These functions broadly relate to public health, welfare, regulatory functions, public safety, public infrastructure works, and development activities.
    • There are several types of Urban Local Bodies in India such as Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Special Purpose Agency, Township, Port Trust, Cantonment Board, etc.

    Development through history

    • It has existed since the year 1687, with the formation of Madras Municipal Corporation, and then Calcutta and Bombay Municipal Corporation in 1726.
    • In the early part of the nineteenth century, almost all towns in India had experienced some form of municipal governance.
    • In 1882 the then Viceroy of India, Lord Ripon, known as the Father of Local Self Government, passed a resolution of local self-government which lead to the democratic forms of municipal governance in India.
    • In 1919, a Government of India Act incorporated the need of the resolution and the powers of democratically elected government were formulated.
    • In 1935 another Government of India act brought local government under the preview of the state or provincial government and specific powers were given.

    Changes after the 74th Amendment (1992)

    • It was the 74th amendment to the Constitution that brought constitutional validity to municipal or local governments.
    • Until amendments were made in respective state legislation on an ultra vires (beyond the authority) basis and the state governments were free to extend or control the functional sphere.

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  • Police Reforms – SC directives, NPC, other committees reports

    What is the ‘Top 25’ drive initiated by Mumbai police?

    States | Governance | Mains Paper 2: Civil Service

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Top 25 drive

    Mains level: Preventive detention, Chapter proceedings

    The Mumbai police have started a drive titled ‘Top 25’ aimed at keeping under check history-sheeters and those they believe could create trouble.

    Preventive detention laws in India have come to be associated with gross and frequent misuse.

    What is the ‘Top 25’ drive of the Mumbai police?

    • The Mumbai police commissioner has asked all police stations in the city to make a list of the “top 25” criminals and ask them to sign a bond of good behavior failing which they would have to pay a fine.
    • The aim is to rein in criminal elements and those the police believe could create a law and order problem in the city.
    • While this practices that is termed “chapter proceedings” has been followed in the past, the amount a person would usually forfeit was around Rs 10,000 – Rs 15,000.
    • Now, the amount has been raised up to Rs 50 lakh.

    How is the police calculating the surety amount now?

    • The police are now going through the bank details and tax returns of the person and the surety amount is set in accordance with the annual income of the offender or his family.
    • The police believe that the threat of having to pay a high amount will act as a deterrent and that a few thousand as surety amount did not have the desired effect.

    What are Chapter Proceedings?

    • Chapter proceedings are preventive actions taken by the police if they fear that a particular person is likely to cause law and order trouble.
    • These proceedings are unlike punitive action taken in case of an FIR with an intention to punish.
    • Here, the police can issue notices under sections of the Code of Criminal Procedure to ensure that the person is aware that creating a nuisance could result in action against him.
    • Recently, the Mumbai police initiated chapter proceedings against an extremely chauvinistic news reporter and media head.

    Rights of the accuse

    • On receiving such notice, a person can appeal before the courts.
    • In fact, in the past, courts have come down strongly against chapter proceedings in some cases.
    • In 2017, while striking down a notice issued to the owner of a bar, the Bombay High Court said: “chapter proceedings cannot be initiated on the basis of an incident of trivial nature”.

    Back2Basics: Arrest vs. Preventive Detention

    An ‘arrest’ is done when a person is charged with a crime. An arrested person is produced before a magistrate within the next 24 hours. In case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law and order situation.

    • Article 22 of the Indian Constitution provides safeguards against the misuse of police powers to make arrests and detentions.
    • Clause (2) of Article 22 reads that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey.
    • Clause (4) of the article states that no individual can be detained for more than 3 months unless a bench of High court judges or an Advisory board decides to extend the date.
    • Clause (5) states that the detained individual should be made aware of the grounds he/she has been detained (in pursuance of the order) and should provide him/her with an opportunity of making a representation against the case.
    • Parliament may by law prescribe the circumstances under a person may be detained for a period longer than three months under any law.

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  • North-East India – Security and Developmental Issues

    Brus’ resettlement in Tripura

    States | Science Tech | Mains Paper 1: Population & Associated Issues

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Bru Tribals

    Mains level: Bru-Reang Repatriation Agreement

    People erupted in violent protests against the planned resettlement of thousands of Bru migrants permanently at Kanchanpur sub-division of North Tripura.

    Try this PYQ:

     

    Q. With reference to ‘Changpa’ community of India, consider the following statement:

    1. They live mainly in the State of Uttarakhand.
    2. They rear the Pashmina goats that yield fine wool.
    3. They are kept in the category of Scheduled Tribes.

    Which of the statements given above is/are correct? (CSP 2014)

    (a) 1 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

    Who are the Brus?

    • Reangs or Brus are the second largest ethnic group in Mizoram.
    • Their exodus in 1997 was spurred by violent clashes in Mamith subdivision, a Reang-dominated area when they demanded the creation of an autonomous council that was vehemently opposed by Mizo groups.
    • Around 34,000 people were forced to live in sub-human conditions in tents in Tripura. No solution could be reached all these years.
    • These people were housed in temporary camps at Kanchanpur, in North Tripura.

    Why have there been violent protests?

    • Twenty-three years after ethnic clashes in Mizoram forced 37,000 people of the Bru (or Reang) community to flee their homes to neighbouring Tripura.
    • The news was not welcomed by the Bengali and Mizo communities in Tripura.
    • They fear a demographic imbalance, which would exert pressure on local resources and potentially lead to law and order problems.

    Also read

    [Burning Issue] Bru– Reang Repatriation Agreement

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  • Punjab’s claim over Chandigarh

    States | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Chandigarh

    Mains level: Interstate boundary disputes in India

    Earlier this month, Haryana Dy. CM said it would be better if both Haryana and Punjab agreed on Chandigarh as a Union Territory and make their independent capitals and Benches of High Courts.

    Try answering this

    Q.The linguistic re-organization of Indian states in the post-Independence period has prevented its balkanization, unlike our neighbourhood. Comment.

    Why was Chandigarh created?

    • Chandigarh was planned to replace Lahore, the capital of erstwhile Punjab, which became part of Pakistan during the Partition.
    • In March 1948, the Government of (India’s) Punjab, in consultation with the Centre, approved the area of the foothills of the Shivaliks as the site for the new capital.
    • From 1952 to 1966 (till Haryana was carved out of Punjab), Chandigarh remained the capital of Punjab.

    How did it become a shared capital?

    • At the time of reorganization of Punjab in 1966, the city assumed the unique distinction of being the capital of both Punjab and Haryana.
    • Even as it was declared a union territory and was placed under the direct control of the Centre.
    • The properties in Chandigarh were to be divided into 60:40 ratio in favour of Punjab.

    Punjab’s claim

    • The-then PM Indira Gandhi had announced that Haryana, in due course, would have its own capital and Chandigarh would go to Punjab.
    • As per documents submitted in the Lok Sabha, the Centre had even issued a formal communication is this regard on January 29, 1970, almost three years after Haryana came into being.
    • Again, in 1985, under the Rajiv-Longowal accord, Chandigarh was to be handed over to Punjab on January 26, 1986, but the Rajiv Gandhi government withdrew at the last minute.

    Haryana’s counter-claim

    • As per the 1970 documents, the Centre had considered various alternatives for settling the matter, including dividing the city.
    • But that wasn’t feasible since Chandigarh was built as a planned city to serve as the capital of one state.
    • Haryana was told to use the office and residential accommodation in Chandigarh only for five years till it shifts to its own new capital.
    • The Centre had offered Rs 10 crore grant to Haryana and an equal amount of loan for setting up the new capital.
    • In 2018, Haryana CM suggested setting up a special body for the development of Chandigarh, but the Punjab CM rejected it, saying the city “indisputably belonged to Punjab”.

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    What are Deemed Forests?

    States | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Deemed forest

    Mains level: Forest conservation in India

    Karnataka Forest Minister has announced that the state government would soon declassify 6.64 lakh hectares of the 9.94 lakh hectares of deemed forests in the state (nearly 67%) and hand it over to Revenue authorities.

    Try this PYQ:

    Q. In India, in which one of the following types of forests is teak a dominant tree species?

    (a) Tropical moist deciduous forest

    (b) Tropical rain forest

    (c) Tropical thorn scrub forest

    (d) Temperate forest with grasslands

    What are Deemed Forests?

    • The concept of deemed forests has not been clearly defined in any law including the Forest Conservation Act of 1980.
    • However, the Supreme Court in the case of T N Godavarman Thirumalpad (1996) accepted a wide definition of forests under the Act.
    • It covered all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2 (1) of the Forest Conservation Act.
    • The term ‘forest land’ occurring in Section 2 will not only include ‘forest’ as understood in the dictionary sense but also any areas recorded as forest in the government record irrespective of the owners said the court.

    Why it is in news?

    • The issue of deemed forests is a contentious one in Karnataka, with legislators across party lines often alleging that large amounts of agriculture and non-forest land are “unscientifically” classified as such.

    Demands to reclassify

    • A deemed forest fits “dictionary meaning” of a forest, “irrespective of ownership”.
    • Amidst claims that the move hit farmers, as well as barred large tracts from mining, the state has been arguing that the classification was done without taking into account the needs of people.

    Why does the government want to release these forests?

    • In 2014, the then government decided to have a relook at the categorisation of forests.
    • The dictionary definition of forests was applied to identify thickly wooded areas as deemed forests, a well-defined scientific, verifiable criterion was not used, resulting in a subjective classification.
    • The subjective classification in turn resulted in conflicts.
    • Ministers have also argued that land was randomly classified as deemed forest by officials, causing hardship to farmers in some areas.
    • There is also a commercial demand for mining in some regions designated as deemed forests.

    Back2Basics: Forest Classification in India

    The Forest Survey of India (FSI) classifies forest cover in 4 classes.

    • Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
    • Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
    • Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
    • Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.

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  • North-East India – Security and Developmental Issues

    Assam-Mizoram Boundary Dispute

    States | Polity | Mains Paper 2: Federalism

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not Much

    Mains level: Special provisions for North-east India

    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.

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    Green-Blue Infrastructure Policy

    States | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Green-Blue Infrastructure

    Mains level: Urban water resources management

    The Delhi Development Authority (DDA) is holding public consultations for the preparation of the Master Plan for Delhi 2041 with special focus on water bodies and the land.

    Try this question:      

    Q.Urban water resources management is an uphill task for Indian cities. Discuss.

    What is Green-Blue infrastructure?

    • ‘Blue’ infrastructure refers to water bodies like rivers, canals, ponds, wetlands, floodplains, and water treatment facilities; while ‘Green’ stands for trees, lawns, hedgerows, parks, fields, and forests.
    • The concept refers to urban planning where water bodies and land are interdependent, and grow with the help of each other while offering environmental and social benefits.

    How does DDA plan to go ahead with it?

    • In the first stage, the DDA plans to deal with the multiplicity of agencies, which because of the special nature of the state, has plagued it for several years.
    • DDA wants the first map out the issues of jurisdiction, work being done by different agencies on drains and the areas around them.
    • Thereafter, a comprehensive policy will be drawn up, which would then act as the common direction for all agencies.

    Why such a policy?

    • Delhi has around 50 big drains (blue areas) managed by different agencies, and due to their poor condition and encroachment, the land around (green areas) has also been affected.
    • DDA, along with other agencies, will integrate them and remove all sources of pollution by checking the outfall of untreated wastewater as well as the removal of existing pollutants.
    • A mix of mechanized and natural systems may be adopted, and dumping of solid wastes in any of these sites will be strictly prohibited by local bodies, through the imposition of penalties.

    Major features

    • The land around these drains, carrying stormwater, will be declared as special buffer projects.
    • The network of connected green spaces would be developed in the form of green mobility circuits of pedestrian and cycling paths.
    • It will be developed along the drains to serve functional as well as leisure trips.

    Challenges ahead

    • The biggest challenge is the multiplicity of agencies.
    • Secondly, cleaning of water bodies and drains has been a challenge for agencies in Delhi for years now.

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  • J&K – The issues around the state

    New Official Languages in J&K

    States | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Official languages

    Mains level: Not Much

    The Union Cabinet has approved a Bill to introduce Hindi, Kashmiri and Dogri as official languages in Jammu and Kashmir, in addition to Urdu and English. As of now, the official language is Urdu and Kashmiri is recognised as a regional language.

    Try this PYQ:

    Q.Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language/ Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Languages in J&K

    • In the undivided Jammu and Kashmir state, various ethnicities spoke Kashmiri, Pahari, Gojri, Ladakhi, Dogri, Balti and Punjabi as their mother tongues.
    • Urdu and Hindi had become a means for inter-community communication.
    • In 1889, Maharaja Pratap Singh, the third ruler of the Hindu Dogra dynasty, replaced Persian with Urdu as the court language.
    • It was an anomaly that the three languages — Dogri, Hindi and Kashmiri — which are spoken by nearly 70 per cent of the population of Jammu and Kashmir were not approved for use in official business.

    Official languages in India

    • Article 343 of the Indian constitution stated that the official language of the Union is Hindi in Devanagari script instead of the extant English.
    • Later, a constitutional amendment, The Official Languages Act, 1963, allowed for the continuation of English alongside Hindi in the Indian government indefinitely until legislation decides to change it.
    • The form of numerals to be used for the official purposes of the Union is “the international form of Indian numerals”, which are referred to as Arabic numerals in most English-speaking countries.
    • Despite the misconceptions, Hindi is not the national language of India; the Constitution of India does not give any language the status of the national language.
    • The Eighth Schedule of the Indian Constitution lists 22 languages, which have been referred to as scheduled languages and given recognition, status and official encouragement.

    Other classical languages

    • In addition, the Government of India has awarded the distinction of classical language to Kannada, Malayalam, Odia, Sanskrit, Tamil and Telugu.
    • Classical language status is given to languages which have a rich heritage and independent nature.

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  • North-East India – Security and Developmental Issues

    Sixth Schedule of Indian Constitution

    States | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Sixth Schedule

    Mains level: Special provisions for North-east India

    The revival of the demand for two autonomous councils has made political parties and community-based groups call for bringing the entire Arunachal Pradesh under the ambit of the Sixth Schedule or Article 371 (A) of the Constitution.

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) protect the interests of Scheduled Tribes

    (b) determine the boundaries between States

    (c) determine the powers, authority and responsibilities of Panchayats

    (d) protect the interests of all the border States

    What is the Sixth Schedule?

    • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
    • Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
    • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
    • The governors of these states are empowered to reorganize boundaries of the tribal areas.
    • In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.
    • They can also alter or change the names of autonomous regions without separate legislation.

    Autonomous districts and regional councils

    • The ADCs are empowered with civil and judicial powers can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.
    • Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.
    • Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.
    • In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura.
    • These regions are named as district council of (name of district) and regional council of (name of region).
    • Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.

    B2BASICS

    Try this question from AWE Initiative:

    The Sixth Schedule of the Constitution is often referred to as a charter for autonomy of a wide magnitude, but it has failed to decrease the tension between different stakeholders at the ground level. Elaborate. (150 W/ 10 M)

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