2.Polity 57T Flashcards
- CENTRE-STATE RELATION
1. 1. INTER-STATE COUNCIL
Why in News?
The Inter-State Council and the standing
committee of the Inter-State Council have been
reconstituted recently.
Background
• Article 263 of the constitution provides for
the establishment of an Inter-State Council
(ISC).
• The Commission under the Chairmanship of
Justice R. S. Sarkaria in its report in 1988
recommended the setting up of Inter State
Council.
o A permanent Inter-State Council called
the Inter-Governmental Council (IGC)
should be set up under Article 263.
o The IGC should be charged with the
duties set out in clauses (b) and (c) of
Article 263, other than socio-economic
planning and development.
• Thus, in 1990, Inter-State Council was
established vide Gazette notification dated
27th December, 1990 and was last
reconstituted vide Gazette notification dated
27th October, 2017.
Article 263 It shall be lawful for the President to
establish an ISC for inquiring, discussing and advising
upon:
(a) Disputes which may have arisen between States;
(b) Subjects in which some or all of the States, or the
Union and one or more of the States, have a common
interest; or
(c) Such subject and, in particular, recommendations
for the better co-ordination of policy and action with
respect to that subject.
• Its function is complementary to Supreme Court’s
jurisdiction under Art 131 to decide a legal
controversy between the governments.
• Clause (a) of Article 263, which gave the council
the power to investigate issues of inter-state
conflict, was dropped in the presidential
ordinance establishing the ISC.
Composition of ISC
• Prime Minister as the Chairman
• Chief Ministers of all the States
• Chief Ministers of Union Territories having
Legislative Assemblies
• Administrators of the Union Territories not
having Legislative Assemblies
• Governors of the States under the President’s
rule
• Six Central Cabinet Ministers, including Home
Minister, to be nominated by the PM.
Meetings of ISC
• Standing Committee has met twelve times with
last meeting being held in November 2017.
• The Inter-State Council has met eleven times
with last meeting being held in July 2016.
About ISC
• It is a recommendatory body on issues
relating to inter-state, Centre-State, and
Centre and Union Territory relations.
• It is not a permanent constitutional body but
it can be established ‘at any time’ if it appears
to the President that the public interests
would be served by the establishment of such
a council.
Committees related to Centre-State Relations
• Administrative Reforms Commission (1966)
• Rajamannar Committee (1969)
• Anandpur Sahib Resolution (1973)
• West Bengal Memorandum (1977)
• Sarkaria Commission (1983)
• Punchhi Commission (2007)
• The Standing Committee of the Council was
set up in 1996 for continuous consultation
and processing of matters for the
consideration of the council.
• The Committee consists of following
memberso Union Home minister
o Five Union Cabinet Ministers
o Nine Chief Ministers
• The Committee is assisted by Inter-State
Council Secretariat, set up in 1991 and
headed by a Secretary to Government of
India.
Other measures to strengthen Centre state
relations-
• Zonal councils- They are statutory bodies
established under State Reorganization Act
of 1956.
o It divides the country into 5 zonesNorthern, Central, Eastern, western,
Southern.
o They are only deliberative and advisory
bodies.
o Each zonal council consists of-
▪ Home minister of Central
government (common chairman of
the five zonal councils).
▪ Chief Ministers of all the States in the
zone.
▪ Two other ministers from each state
in the zone.
▪ Administrator of each union territory
in the zone.
o Each chief minister acts as a vicechairman of the council by rotation,
holding office for a period of one year at
a time.
o The secretarial functions of the Zonal
Councils have been transferred to the
Inter-State Council Secretariat with effect
from 1st April, 2011.
• National Integration Council- It was
constituted in 1961. The latest meeting
(sixteenth meeting) was held on 23
September 2013.
• The council was directed to examine the
problem of national integration in all its
aspects and make necessary
recommendations to deal with it.
• NITI Aayog- NITI Aayog is the premier policy
‘Think Tank’ of the Government of India,
providing both directional and policy inputs,
formed via a resolution of the Union Cabinet
on January 1, 2015. (refer 8.1)
North-Eastern Council
• It was created by a separate Act of Parliament—
the North-Eastern Council Act of 1971. Its
members include Assam, Manipur, Mizoram,
Arunchal Pradesh, Nagaland, Meghalaya, Tripura
and Sikkim.
• It has additional functions as that of the other 5
councils likeo It has to formulate a unified and coordinated
regional plan covering matters of common
importance.
o It has to review from time to time the measures
taken by the member states for the maintenance
of security and public order in the region.
1.2. CAUVERY RIVER VERDICT
Why in news?
The SC increased Karnataka’s share of the
Cauvery water than what was awarded by the
Cauvery Water Disputes Tribunal in February
2007.
Background
• Owing to Tamil Nadu’s appeal in 1986 to
constitute a tribunal for solving the issue
under Inter-State Water Disputes Act, 1956,
the Cauvery Waters Tribunal was established
on June, 2, 1990.
• In 2007, after sixteen years of hearing and an
interim order later, the Tribunal announced
its final order.
• However, the current dispute started with
SC’s order to Karnataka government to
release 15,000 cusecs of water a day for 10
days, to Tamil Nadu.
Constitutional and legislative provisions for
inter-state water disputes
• Article 262(2) empowers Parliament to
provide by law that neither the Supreme
Court nor any other court shall exercise
jurisdiction in respect of any such dispute or
complaint.
• The Interstate River Water Disputes Act,
1956 (IRWD Act) enacted under Article 262
of Constitution. Under this article the
Parliament also enacted the River Boards
Act (1956).
Significance of the judgment
• According to the SC the principle of equality
among riparian States does not imply equal
division of water; it suggests just and
reasonable use and “drinking water
requirement” must be placed on a higher
pedestal.
• It sets down two principles that may have a
ripple effect on other inter-state river water
disputes.
Groundwater-A certain quantity of water
was reduced from the quantum allocated
to Tamil Nadu, because of availability of
groundwater in the state.
o Warrantable flexibility- The city of
Bengaluru had grown over the years thus,
registering an ever-enhancing demand
for all civic amenities.
• The principle of equitable apportionment
internationally recognised by the Helsinki
Rules, Compione Rules and Berlin Rules
which have also been incorporated in the
1987 to 2002 National Water Policies, have
been regarded to be the guiding factor for
resolving disputes qua apportionment of
water of an interstate river.
• An inter-State river like Cauvery is a ‘national
asset’, and no State can claim exclusive
ownership of its waters or deprive other
States of their equitable share.
Related Information-
• River waters use is a states subject (entry 17 of
state list). But the union government can make
laws on regulation and development of inter-State
rivers and river valleys in public interest (entry 56
of union list).
• President may also establish an interstate council
as per Article 263 to inquire and recommend on
the dispute that has arisen between the states of
India.
Inter-State River Water Disputes Act, 1956- is
applicable only to interstate rivers / river valleys.
• It’s main purpose is to protect the interests of a
downstream state when water resources available
in an upstream state are put to additional use.
Inter-State River Water Disputes (Amendment) Bill,
2017
• It proposes a Single Standing Tribunal (with
multiple benches) instead of existing multiple
tribunals.
• It provides for the appointment of Assessors to
provide technical support to the tribunal.
• It proposes to introduce mechanism to resolve the
dispute amicably by negotiations, through a
Dispute Resolution Committee (DRC) to be
established by the Central Government.
• It provides for transparent data collection system
at the national level for each river basin by an
agency appointed or authorized by Central
Government.
Other Inter-state river disputes in news
• Vansadhara River dispute- Andhra Pradesh &
Odisha.
• Mahanadi Water Dispute- Odisha and
Chhattisgarh.
• Mahadayi (mandovi) river dispute- Goa,
Karnataka and Maharashtra.
• Krishna river dispute- Maharashtra,
Karnataka, Telangana and Andhra Pradesh.
1.3. SPECIAL PROVISIONS FOR
STATES
1.3.1. GORKHALAND ISSUE
Why in News?
There has been total shutdown in Darjeeling and
instances of violence over demand for creation of
Gorkhaland.
Provisions related to tribal regions-
5th Schedule (Art 244 (1))- deals with the control and
administration of the Schedule Areas. Some of the
important features of the Schedule are:
• It deals with provision for the constitution of
a Tribes Advisory Council
• The Governor has the power to adapt laws passed
by Parliament and State legislature in such a way
that it suits these areas.
• It provides Governor with the power to make
regulation for good governance and peace for the
area.
• The Fifth Schedule also deals with the extension of
direction by the Union to a State for the
administration of the Schedule Areas.
6th Schedule-
• It deals with governance of the autonomous
districts in Assam, Meghalaya, Tripura and
Mizoram.
• These autonomous districts are directly
administered by the Governor.
• This Schedule deals with the constitution, powers
and functions of District Councils and Regional
Councils in these autonomous districts.
• Article 244A provides for an autonomous state for
certain tribal areas in Assam with its own
legislature and council of ministers.
Who are Gorkha?
Indian Gorkhas are indigenous people living all
along the Himalayan belt and the North-East
states of India. The Gorkhas inhabit areas in J&K,
Himachal, Uttarakhand, Sikkim, Darjeeling,
Assam, and other states in the North- East.
Responses to Gorkhaland
• Darjeeling Gorkha Hill Council (DGHC)- Set
up in 1988 as an autonomous hill council.
• Gorkhaland Territorial Administration (GTA):
created in 2012 through a tripartite
agreement signed by GoI, Govt. of West Bengal and Gorkha Janmukti Morcha (GJM),
replaced the Darjeeling Gorkha Hill Council. It
is a semi-autonomous administrative body. It
has administrative, executive and financial
powers but no legislative powers.``
1.3.2. ARTICLE 35A
Why in news?
• In response to a petition filed in SC, the
bench has indicated that the question of
constitutionality of Article 35A is likely to be
handled by a 5-judge constitution bench.
What is Article 35A?
• It was incorporated into the Constitution in
1954 by a Presidential order issued under
Article 370 (1) (d) of the Constitution.
• It empowers J&K legislature to define state’s
“permanent residents” and their special
rights and privileges without attracting a
challenge on grounds of violating the Right to
Equality of people from other States or any
other right under the Constitution.
• It protects certain provisions of the J&K
Constitution which denies property rights to
native women who marry from outside the
State. The denial of these rights extend to her
children also.
• However, They can give these special rights
and privileges only in the following four
categories:
o Employment under the state
government;
o Acquisition of immovable property in the
state;
o Settlement in the state; or
o Right to scholarships and such other
forms of aid as the state government may
provide.
• The Article bars non-J&K state subjects to
settle and buy property in J&K.
Article 370
• It is a ‘temporary provision’ which grants special
autonomous status to Jammu and Kashmir.
• Except for defence, foreign affairs, finance and
communications, the Parliament needs the state
government’s concurrence for applying all other
laws.
• Emergency Provisions- Union government cannot
declare emergency on grounds of internal
disturbance or imminent danger unless it is made
at the request or with the concurrence of the
state government.
o Centre can declare emergency in the state
only in case of war or external aggression.
o Centre has no power to declare financial
emergency under Article 360 in the state.
1.3.3. MORE SEATS FOR SIKKIM
ASSEMBLY
Why in news?
The Home Ministry has proposed an increase in
the number of seats in the Sikkim Assembly from
32 to 40.
Special provision for Sikkim (Art 371F, 36th
Amendment Act, 1975)
• The members of the legislative Assembly of Sikkim
shall elect the representative of Sikkim in the
House of the People.
• Parliament may provide for the number of seats in
the Assembly to protect the rights and interests of
various sections of the population of Sikkim,
which may be filled only by candidates from those
sections.
• Governor shall have “special responsibility for
peace and for an equitable arrangement for
ensuring the social and economic advancement of
different sections of the population”.
• All earlier laws in territories that formed Sikkim
shall continue, and any adaptation or modification
shall not be questioned in any court.
Special Provisions for other states
Articles 371 to 371-J in part XXI of the constitution
contain special provisions for 11 states viz-
• Article 371-Maharashtra and Gujarat
• Article 371A- Nagaland
• Article 371B- Assam
• Article 371C- Manipur
• Articles 371D & E- Andhra Pradesh
• Article 371F- Sikkim
• Article 371-G- Mizoram
• Article 371H- Arunachal Pradesh
• Article 371I- Goa
• Article 371J- Karnataka
More about the news
• A petition was moved in the Supreme Court
that Limboo and Tamangs (notified as STs in
Sikkim) were not adequately represented in
the Assembly. As per constitutional
provisions, the total number of seats for STs
should be in proportion to the population.
• The apex court in 2016 directed the Home
Ministry to take necessary action for the
same.
• Thus the amendments in the Second
Schedule to the RP Act, 1950 is proposed whereby total seats in Sikkim Legislative
Assembly will be 40 in place of existing 32.
• The proposed amendment will accommodate
people from the Limboo and Tamang
communities by reserving five out of eight
increased seats for them.
• As per Delimitation act, 2002 and consequent
84th and 87th constitutional amendment acts
total number of existing seats allocated to
various States in the House of the People and
legislative assemblies in all states on basis of
1971 census shall remain fixed till the first
census after the year 2026.
• Special constitutional provisions to Sikkim
under article 371(f) have allowed
government to make the proposed changes
without constituting a fresh delimitation
commission as the Article 170 of the
Constitution (related to composition of
assemblies and some provisions of
delimitation for them) does not apply to
Sikkim.
- STATE AND UT RELATIONS
1. 4.1. PUDUCHERRY ISSUE
Why in news?
There is an ongoing tussle between Puducherry
LG and CM over powers designated to the two
authorities and authority of LG to nominate
members in the state assembly.
Administration of UTs
• Articles 239 to 241 in Part VIII of the
Constitution deal with UTs and each UT differs
from the other in terms of administration.
• Every UT is administered by the President (Art
239A) through an “Administrator” appointed
by him having powers similar to that of the
Governor but he is just a representative of the
President and not the constitutional head of
the state.
• The administrator may be designated as
Lieutenant Governor, Chief Commissioner or
Administrator.
UTs with Legislature-
• Delhi and Puducherry are the two UTs that have
been given partial statehood through their own
legislature.
• Puducherry is one of the smallest and
administratively challenging Union Territories of
India as it has administrative fragments across
three States of southern India
o Puducherry and Karaikal districts in Tamil
Nadu
o Mahe district in Kerela
o Yanam district in AP
• The powers and functions of Administrator are
defined under Article 239 and 239AA of the
Constitution.
UTs of Puducherry (Government of Union
Territories Act, 1963) and Delhi (National
Capital Territory of Delhi Act, 1991) are
provided with a legislative assembly and
a Council of Ministers headed by CM.
• Article 240 (1) states that the President’s
administrative control ceased to exist after
the legislative body was created.
• As per The Government of Union Territories
Act, 1963, its assembly can have three
members nominated by the Centre. Thus,
central government has power to nominate
by law.
• But the procedure to be followed is unclear in
the law as there is no rule or notification.
Thus, leaving room for interpretations.Article 239- Administration of UT-
• Every UT shall be administered by the President
acting, to such extent as he thinks fit, through an
administrator to be appointed by him with such
designation as he may specify.
• President may appoint the Governor of a State as
the administrator of an adjoining Union territory,
and where a Governor is so appointed, he shall
exercise his functions as such administrator
independently of his Council of Ministers.
• Article 239AA enacted as per 69th Amendment Act
of 1991, confers special provisions for Delhi.
Difference between powers in state and UT
• The Union Government can exercise executive
and legislative power on all State subjects
with reference to a Union Territory, which is
not possible in a full-fledged State
Government.
• According to Article 244, the President has
powers to make regulations for a UT unless
there is a legislature for that State. Even if
there is a legislature, the Administrator can
reserve it for the assent of President, who
might reject it, except a money bill.
• The Governor appoints the CM in States but
the President appoints the CM and Ministers
for UTs, who will hold office during the
President’s pleasure.
• Prior sanction of the Administrator is required
for certain legislative proposals involving
“Judicial Commissioner”.
• ‘Recommendation’ of the LG is obligatory for
UT government before moving a Bill or an
amendment to provide for:
o the imposition, abolition, remission,
alteration or regulation of any tax
o the amendment of the law with respect to
any financial obligations undertaken or to
be undertaken anything that has to do with
the Consolidated Fund of the UT.
2. ISSUES RELATED TO CONSTITUTION & FUNCTIONING OF PARLIAMENT/STATE LEGISLATURE 2.1. ISSUES RELATED TO FUNCTIONING OF PARLIAMENT 2.1.1. OFFICE OF PROFIT
Why in news?
Recently few MLA’s in Delhi were disqualified by
President for holding Office of profit.
More about the news
• In 2015 Delhi government appointed a few its
legislators as parliamentary secretaries.
• It was followed by amendments to Delhi
Members of Legislative Assembly (Removal of
Disqualification) Act, 1997, with retrospective
effect to exempt the post of parliamentary
secretary from the definition of the “office of
profit”.
• However, Lt. Governor’s assent to the
amendment bill was not given, requiring the
disqualification of the MLAs.
• The Election Commission (ECI) recommended
President for their disqualification because:
o Their position as parliamentary
secretaries was a government office.
o The office had the potential to yield profit
and it had executive functions akin to
that of a minister
• The recommendations of ECI are binding on
the President or Governor regarding the
issues related to article 102 & article 191.
Article 102 (1) a: Disqualifications for membership
A person shall be disqualified as a Member of
Parliament for
a) Holding an office of profit under government of
India or state government;
b) Being of unsound mind;
c) Being an undischarged insolvent;
d) Not being an Indian citizen or for acquiring
citizenship of another country.
Article 191 (1) (a)
Disqualification of members for the members of state
assemblies for holding Office of Profit and other
disqualifications mentioned above.
Section 15(1)(a) of Government of National Capital
territory of Delhi (GNCTD) act, 1991,
A person shall be disqualified for being chosen as, and
for being, a member of the legislative assembly if he
holds any office of profit” under the government of
India, a state or a union territory” other than an office
protected by law.
What is Office of Profit?
• Articles 102(1) a and 191 (1) a mention
disqualifications on the basis of Office of
Profit but it is neither defined in the
constitution nor under Representation of
People’s Act.
• Supreme Court in Pradyut Bordoloi vs
Swapan Roy (2001), the Supreme Court
outlined the following questions for the test
for office of Profit:
o Whether the government makes the
appointment;
o Whether the government has the right to
remove or dismiss the holder;
o Whether the government pays the
remuneration;
o What are the functions of the holder and
does he perform them for the
government; and
o Does the government exercise any
control over the performance of those
functions
• Further in Jaya Bacchan v. Union of India
case SC defined it as “an office which is
capable of yielding a profit or pecuniary
gain.” thus it is not the actual ‘receipt’ of
profit but the ‘potential’ for profit that is the
deciding factor in an ‘office of profit’ case.
Parliamentary Secretary
• S/he is a member of the parliament who assists a
more senior minister with his or her duties.
• They often hold the rank of Minister of State and
have the same entitlements and is assigned to a
government department.
• Manipur, HP, Mizoram, Assam, Rajasthan, Punjab,
Goa are some of the states where MLAs have
been appointed Parliament Secretaries by the
Government.
Joint Committee on offices of profit
• It consists of 15 members drawn from both
the houses of Parliament with ten members
from Lok Sabha and five members from Rajya
Sabha.
• It examines the composition and character of
the Committees appointed by the Central and
State Governments and recommends what
offices should or should not disqualify a
person for being, a member of either House
of Parliament.
• It has defined Office of Profit as:
o Whether the holder draws any
remuneration, like sitting fee, honorarium,
salary, etc. other than Compensatory
allowance.
o Whether the body in which an office is
held, exercises executive, legislative or
judicial powers or confers powers of
disbursement of funds, allotments of
lands, issue of licences, etc., or gives
powers of appointment, grant of
scholarship, etc.
o Whether the body in which an office is
held wields influence or power by way of
patronage
2.1.2. THE DILEMMA OF
DELIMITATION
Why in News?
An increase in number of seats in both Houses of
the Indian Parliament is expected after the lifting
of the freeze imposed by the Constitution (42nd
Amendment) Act, 1976, which is due in 2026.
• Delimitation means the act or process of fixing
limits of boundaries of territorial constituencies in
a country or a province having a legislative body.
• Delimitation in the J&K is done under the state
constitution.
• Under 31st Amendment Act, delimitation exercise
doesn’t apply to states and Union Territories
having population less than 6 million.
Background
• The power to determine the aspects and
manner of delimitation lies with the
Parliament. This power has been exercised 4
times through enactment of the Delimitation
Commission Acts 1952, 1962, 1972 and 2002.
• The 42nd Amendment Act 1976, froze the
allocation of the seats in the Lok Sabha to the
states and the division of each state into
territorial constituencies till year 2000 at the
1971 (census) level.
• This amendment took care of the concerns of
the states which took a lead in population
control faced the prospect of their number of
seats getting reduced.
• The government decided to extend the
current freeze on undertaking fresh
delimitation up to the year 2026 to
encourage population limiting measures by
states as per 84th constitutional amendment
act.
• Alongside Government also decided to
undertake readjustment and rationalization
of territorial constituencies in the States as
per population of 1991, without altering the
number of seats allotted to each State.
• The 87th Amendment Act 2003 provided for
delimitation of constituencies on the basis of
2001 census, which was done without
altering the number of seats or
constituencies.
Delimitation Commission
• The Delimitation Commission in India is statutory
body whose orders have the force of law and
cannot be called in question before any court.
• The Commission consists of the Chief Election
Commissioner of India and two judges of Supreme
Court or any of the High Courts in India.
• These orders come into force on a date to be
specified by the President of India in this behalf.
• The copies of its orders are laid before the House
of the People and the State Legislative Assembly
concerned, but no modifications are permissible
therein by them.
Constitutional Provisions for Delimitation
• Clause (2) of Article 81 provided that, there
shall be allotted to each State a number of
seats in the House of the People in such a
manner that the ratio between that number
and the population of the State is, so far as
practicable, the same for all States.
• Clause (3) defined the expression
“population” for the purposes of Article 81 to
mean the population as ascertained at the
last preceding Census of which the relevant
figures have been published.
• Article 82 provides for the readjustment of
seats in the House of the people to the
States and the division of each State into
territorial constituencies after every census.
• Article 170 provides for the composition of
Legislative Assemblies.
• Each state is divided into territorial
constituencies in such a manner that the
ratio between population of each
constituency and the number of seats
allotted to it is the same throughout the
state.
• Through these provisions the constitution
ensures that there is uniformity of
representation in two respectso Between different states
o Between different constituencies of the
same state
• After every census, a readjustment is to be
made in theo Allocation of seats in the Lok Sabha to the
states
o Division of each state into territorial
constituencies
2.1.3. PRIVILEGE OF LEGISLATORS
Why in news?
Recently the Karnataka assembly Speaker
ordered the imprisonment of two journalists for a
year based on recommendations of its privilege
committees.
Committee on Privileges: This is a standing committee
constituted in each house of the Parliament/state
legislature.
• This Committee consists of 15 members in Lok
Sabha (LS) and 10 members in Rajya Sabha (RS) to
be nominated by the Speaker in LS and Chairman
in RS.
• Its function is to examine every question involving
breach of privilege of the House or of the members
of any Committee thereof referred to it by the
House or by the Speaker.
• It determines with reference to the facts of each
case whether a breach of privilege is involved and
makes suitable recommendations in its report.
What are Privileges?
They are special rights, immunities and
exemptions enjoyed by the two houses of the
Parliament/ state legislatures, their committees
and their members.
Two broad categories:
1. Collective privileges are enjoyed by each
house collectively. E.g. right to publish
reports etc, exclude strangers from house
proceedings, punish members/ outsiders for
breach of privileges etc.
2. Individual privileges are enjoyed by the
members individually. E.g. freedom of speech
in the house, exemption from jury service
when house is in session, exemption from
arrest in case of civil cases during the session
and 40 days before and after the session.
Source of the privileges: Originally these are
derived from the British House of Commons.
There is no law to codify all the privileges. They
are based on five sources namely: Constitutional
provisions, various laws of parliament, Rules of
both the houses, Parliamentary conventions and
Judicial interpretations.
Article 105- Powers, privileges, etc of the Houses of
Parliament and of the members and committees
thereof
• there shall be freedom of speech in Parliament
• No member of Parliament shall be liable to any
proceedings in any court in respect of
anything said, vote given in parliament or
committee, or publications under authority of
parliament.
• In other respects, the powers, privileges and
immunities of each House of Parliament.
• Article 194 gives similar powers, privileges, etc, of
the House of Legislatures and of the members and
committees thereof.
Breach of privilege: There are no clearly laid out
rules on what constitutes breach of privilege and
what punishment it entails. As per Karnataka
privileges panels, breach of privilege include to
make speeches or to print or publish any libel
reflecting on the character or proceedings of the
house, its committees or any member of the
house relating to his character or conduct as a
member of Parliament.
2.1.4. PARLIAMENTARY SESSIONS
Why in news?
• There has been a two weeks delay in the
winter session of Parliament, raising concerns
regarding Parliamentary functioning.
Background
• By convention, Parliament meets for three
sessions in a year: the Budget session which
is held towards the beginning of the year, a
three-week Monsoon session (July-August)
and Winter session (November-December).
• The dates for each session are announced at
least 15 days in advance so that members
have time to submit their questions and give
notice for parliamentary interventions.
• The Constitution does not specifically say that
when or for how many days should the
Parliament meet. Article 85 of the
constitution only requires that there should
not be a gap of more than six months between two parliamentary sessions. The
same applies to state legislatures.
Also included under Article 85-
The President may from time to time
• prorogue the Houses or either House;
• dissolve the House of the People
• The President can summon session of
Parliament “at such a time and place as he
thinks fit” acting on the advice of the Council
of Ministers. Therefore, the summoning of
the Parliament rests with the government.
• The Parliament sittings have reduced from
120 days/year to 65-70 days/year due to
various reason including disruptions leading
to adjournment.
• The situation of state assemblies also paints a
dire situation. Data for 20 Assemblies over
the last five years indicate that they meet for
29 days a year on average.
2.1.5. DEPARTMENTALLY RELATED
STANDING COMMITTEES
Why in news?
It is being suggested that the DRSCs should be
revamped to better perform their scrutinising
roles.
DRSCs important facts
• All Bills are not referred to committees, as GST bill
was passed without referring to DRSC.
• Recommendations of the committee are not
binding.
• They can reach out to outside experts, but no
internal expertise is present.
• It does not consider matters of day to day
administration of the ministry.
What are DRSCs?
• They are also known as India’s Mini
Parliaments. 17 DRSCs were first formed in
1993.
• Currently there are 24 DRSCs and each of
them have 21 members from Lok Sabha and
10 members from Rajya Sabha.
• In contrast to ad-hoc committees, Standing
Comittees are permanent in nature.
• They have three important functions
o Examine Bills referred to them
o Select Specific topics related to the
ministries and examine implementation
by the Government
o Examine the budgetary outlays of the
department.
• Bills are referred to them by the Speaker or
Chairman of the House.
2.1.6. PRIVATE MEMBER BILL
Why in news?
A private member’s bill will be presented in
winter session of Parliament with the aim that
MP’s must declare their assets at the end of their
tenure.
Private Member Bill
• All MPs other than ministers and the presiding
officers are referred to as the private members.
• The bills introduced by Private members are
called Private member bills unlike government
bills which are introduced by Ministers.
• Its rejection in the House has no implication on
the parliamentary confidence in the government
or its resignation.
• Its introduction in the House requires one
month’s notice.
• The second half of every Friday, when parliament
is in session, is reserved for debating private
member bills and other business raised by private
members.
General issues with private member bills
• Only 14 private member’s bills have been
passed in Parliament’s history and last one of
them was in 1970.
• The Rights of Transgender Persons Bill
passed by the Rajya Sabha in 2014 was the
first private member’s bill to get the upper
house’s approval in around 47 years. But it
was reintroduced with substantial changes in
Lok Sabha and is currently pending with
Parliamentary Standing Committee.
• In 15th Lok Sabha 372 private member bills
were introduced but only 11 of them had any
discussion whatsoever in the house. It means
more than 96% private member bills lapsed
without a single debate in the house.
• Thus, the problem with private member bills
is twofold. First the Non Passage of them and
second little or no debate is held on them.
2.1.7. NEUTRALITY OF SPEAKER
Why in news?
There have been many instances where
questions have been raised on the impartiality of
speaker while fulfilling his/her responsibility.
Key functions of speaker:
The detailed duties and responsibilities of the speaker
are laid down in the Rules of Procedure which each House is empowered to make under article 208 of the
Constitution.
• To preside over the House, whenever he is present
in the House, excepting when a resolution for his
removal from office is under consideration.
• To adjourn the House when there is no quorum.
• To permit a member who cannot adequately
express himself in Hindi or English or the official
language of the state, to address the House in his
mother tongue.
• To determine whether a Bill is a Money Bill and to
certify a Money Bill.
• Protection of the Privileges of the Members of the
House.
• Directing any member guilty of disorderly conduct
to withdraw from the House, and name a member
for suspension if the member disregards the
authority of the chair and persists in obstructing
the proceedings of the House.
How neutrality and independence of speaker is
ensured?
• The Salary and allowances of the Speaker is
charged on the Consolidated fund of India
• The Speaker is provided with the Security of
tenure and remains in office even if the
house is dissolved i.e. until a new speaker is
elected or he is removed from the office by a
resolution of the house by absolute majority
(more than 50% of total strength of the
House).
• The conduct of the Speaker cannot be
discussed in the house except on a motion
adopted to that effect
• The rules of Procedure and Conduct of
Business expressly vest “residuary powers” in
him.
• He is the final interpreter of the rules and his
regulation of the business of the house is not
subject to jurisdiction of any court.
• Speaker does not cast her vote on the bills,
motions before the house in the first instance
but exercise castings vote in the case of an
equality of votes.
2.1.8. WHIP
Why in News?
Recently, the issuing of whip by political parties
on multiple issues has been questioned.
What is Whip?
• Every Political Party has its own whip, who is
appointed by the party to serve as an
assistant floor leader.
• He has the responsibility of ensuring the
attendance of his party members in large
numbers and securing their support in favour
of or against a particular issue.
• He regulates and monitors their behaviour in
the Parliament.
• He communicates the decision of the party
leader to the members and the opinion of the
party members to the party leader.
• The members are supposed to follow the
directives given by the Whip. Failing to do so
can invite disciplinary actions like
disqualification from party membership or
expulsion under the Anti-Defection Law.
Anti-defection law-
• The anti-defection law was passed by parliament in
1985.
• The 52nd amendment to the Constitution added
the Tenth Schedule which laid down the process
by which legislators may be disqualified on
grounds of defection.
• An MP or MLA is deemed to have defected if he
either voluntarily resigned from his party or
disobeyed the directives of the party leadership on
a vote (against party’s whip).
• Independent members would be disqualified if
they joined a political party.
• Nominated members who were not members of a
party could choose to join a party within six
months; after that period, they were treated as a
party member or independent member.
• The law also made a few exceptions.
o Any person elected as speaker or chairman
could resign from his party, and rejoin the
party if he demitted that post.
o A party could be merged into another if at
least two-thirds of its party legislators voted
for the merger.
• The law initially permitted splitting of parties, but
that has now been outlawed.
• The office of Whip, in India, is mentioned
neither in the Constitution nor in the rules of
the house, nor in the Parliamentary statutes.
• It is based on the conventions of the
Parliamentary government. In India, the
concept of the whip was inherited from
colonial British rule.
18th All India Whips’ Conference
• It was held in January 2018.
• Organizing the All India Whips Conference is one
of the functions assigned to the Ministry of
Parliamentary affairs, under Government of India
(Allocation of Business) Rules, 1961 made under
article 77(3) of the Constitution.
• Clause (3) of Article 77 (“Conduct of Business of
the Government of India “) of the Constitution of
India lays down that “The President shall make
rules for the more convenient transaction of the
business of the Government of India, and for the
allocation among Ministers of the said business”.
Significance of Whip
• It may be possible that all the members of
parliament, irrespective of their party
affiliation, may hold different views (even
different from the one held by their
respective party leadership). In such a case,
s/he might deviate from the party
view/stand in times of voting.
2.1.9. TRIBAL SUB PLAN
Why in News?
Recently, the Public Accounts Committee
submitted its report on ‘Tribal Sub-Plan’.
Scheduled Tribes
• Article 366 defined scheduled tribes as “such
tribes or tribal communities or parts of or groups
within such tribes or tribal communities as are
deemed under Article 342 to be Scheduled Tribes
for the purposes of this constitution”.
• Article 342- The President may, with respect to
any State or UT, after consultation with the
Governor, specify the tribes or tribal communities
or parts of or groups within tribes or tribal
communities which shall, for the purposes of this
constitution, is deemed to be scheduled tribes in
relation to that state or Union Territory.
Background
• A comprehensive policy for development of
Scheduled Tribes was prepared by an expert
committee set up in 1972, which suggested
Tribal Sub Plans (TSP) for scheduled Tribes in
1976 (5th Five Year Plan).
• The earlier approach for development
intervention for SCs and STs relied solely
upon “incidental” benefits flowing to them
from various interventions by the
government. TSPs were introduced in order
to ensure direct “policy-driven” benefits.
• Guidelines on formulation and
implementation of TSP have been issued by
planning commission from time to time to
states/UTs and the ministries. The latest
revised Guidelines were issued in 2014 for
the implementation of TSP.
Other Programmes/Schemes for Tribals
• Vocational Training in Tribal Areas.
• Strengthening of Education among ST Girls in Low
Literacy Districts.
• Market Development of Tribal Products/ Produce
• Tribal Cooperative Marketing Development
Federation of India Ltd. (TRIFED- under Ministry of
Tribal Affairs)
• State Tribal Development Cooperative
Corporation for Minor Forest Produce.
• Development of Particularly Vulnerable Tribal
Groups (PVTGs).
• National Scheduled Tribes Finance &
Development Corporation.
About TSP
• It forms a part of annual Plan of a State/UT
and the funds provided under the TSP have
to be in proportion to the ST population of
each State/UT.
• The TSP funds are allocated from the
consolidated fund of India under article
275(I) is a central sector scheme under which
100 per cent financial assistance is being
provided to the states through the nodal
Ministry of Tribal Affairs
• It aims to bridge the gap between the
Schedule Tribes (STs) and the general
population with respect to all socio-economic
development indicators in a time-bound
manner along with their protection against
exploitation.
• The benefits are in addition to what
percolates from the overall Plan of a
State/UT. It is not applicable to states where
tribals represent more than 60% of the
population.
• Objectives of the TSP
o Human resource development by
enhancing their access to education and
health services,
o Enhanced quality of life by providing
basic amenities in tribal areas/localities
including housing;
o Substantial reduction in poverty and
unemployment, creation of productive
assets and income generating
opportunities
o Enhanced capacity to avail
opportunities, gain rights and
entitlements and improved facilities at
par with other areas, and
o Protection against exploitation and
oppression.
Related Information
• Schedules Caste Sub-Plan (SCSP) which is an
umbrella strategy to ensure flow of targeted
financial and physical benefits from all the
general sectors of development for the
benefit of Scheduled Castes. Under the
strategy, States/UTs are required to
formulate and implement Special Component
Plan (SCP) for Scheduled Castes as part of
their Annual Plans by earmarking resources.
• At present 27 States/UTs having sizeable SC
population are implementing Schedules Caste
Sub-Plan
2.1.10. HINDI AS OFFICIAL
LANGUAGE
Why in news?
• Recently there have been demands to make
Hindi sole official language in Indian
constitution.
• Further there are demands for inclusion of 38
more languages including Tulu and Rajasthani
in the Eighth Schedule of the Constitution.
Eighth Schedule of the Constitution
• It includes the lists 22 official languages recognised
by the Constitution viz. Assamese, Bengali,
Gujarati, Hindi, Kannada, Kashmiri, Malayalam,
Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu,
Urdu, Sindhi (added by 21st Amendment Act,
1967), Konkani, Manipuri, Nepali (added by 71st
Amendment Act, 1992), Bodo, Dogri, Maithili,
Santhali (added by 92nd Amendment 2003).
• The list had originally 14 languages only but
subsequently through amendments 8 new
languages were added.
• The Constitutional provisions relating to the Eighth
Schedule occur in articles 344(1) and 351 of the
Constitution.
Constitutional Provisions Vis a Vis Official
Languages
• Language to be used in Parliament (Article
120) –
o The business in Parliament shall be
transacted in Hindi or in English.
o Chairman of the Council of States or
Speaker of the House of the People may
permit any member who cannot
adequately express himself in Hindi or in
English to address the House in his
mother-tongue.
• Language to be used in the Legislature
(Article 210) –
o Business in the Legislature of a State
shall be transacted in the official
language or languages of the State or in
Hindi or in English however chairperson
of the house may permit a member to
speak in his mother tongue.
• Official language of the Union (Article 343).
o Official language of the Union shall be
Hindi in Devnagari script and the form of
numerals shall be the international form
of Indian numerals.
o Parliament may be law provide for the
use of the English language, or the
Devnagari form of numerals.
o Consequently, Parliament enacted
Official Languages act, 1963 to provide
for continued use of English in addition
to Hindi for all official purposes of the
Union.
• Article 344. Commission and Committee of
Parliament on official language
• Regional Languages:
o Official language of the state to be
decided by state legislature (Article 345)
o The language of the Union for official
purposes shall be the official language
for communication between one State
and another State and between a State
and the Union (Article 346)
o Special provision relating to language
spoken by a section of the population of
a State (Article 347)
• Language to be used in the Supreme Court
and in the High Courts and for Acts, Bills, etc.
(Article 348) o Until provided by the parliament all
proceeding in the supreme court and in
every high court shall be in English
o Governor of a State may, with the
previous consent of the President,
authorise the use of the Hindi language,
or any other language used for any
official purposes of the State, in
proceedings in the High Court.
• Article 350B. Special Officer for linguistic
minoritieso There shall be a Special Officer for
linguistic minorities to be appointed by
the President to investigate all matters
relating to the safeguards provided for
linguistic minorities under this
Constitution.
• Article 351. Directive for development of the
Hindi languageo It shall be the duty of the Union to
promote the spread of the Hindi
language, to develop it so that it may
serve as a medium of expression for all
the elements of the composite culture of
India
- CONSTITUTIONAL ISSUES
2. 2.1. PREVENTIVE DETENTION
Why in news?
• Recently Supreme Court held that Preventive
detention of a person by a State merely
because the normal legal process is
ineffective and time-consuming is illegal.
About preventive detention
Preventive detention, is detaining without trial to
prevent possible commitment of crime on
suspicion that some wrong actions may be done
by the person concerned. The four grounds for
Preventive detention are:
• security of state
• foreign affairs or security of India
• maintenance of public order
• maintenance of supplies and essential
services and defence
A detainee under preventive detention can have
no right of personal liberty guaranteed by Article
19 or Article 21. The Article 22 (3) also provides
that the protection against arrest and detention
under Article 22 (1) and 22 (2) shall not be
available, if a person is arrested or detained
under a law providing for preventive detention.
2.2.2. SEPARATE TRIAL FOR
DISTINCT OFFENCES
Why in news?
• SC recently gave a judgement that separate
trials should be conducted in all cases related
to multi-crore fodder scam saying “joint trial
is an exception and the norm is separate
trials for distinct offences.”
Article 20(2) says that no person shall be prosecuted
and punished for the same offence more than once.
2.2.3. STATE FLAG ISSUE
• A tricolour with stripes of red, white and
yellow with the Karnataka State emblem
featuring a two-headed mythical bird in the
middle is proposed to become the
new flag of the State.
Important FactsOfficially only J&K state has a flag. While unofficially
there are two states that have their individual states
flags, viz. Sikkim (since 1967) and Karnataka (2018).
• Karnataka already had a red and yellow flag
as an unofficial state flag since the mid-1960s
which is hoisted every year to commemorate
state formation day.
• If demand for separate flag is accepted,
Karnataka will be the second state to have its
official flag after Jammu and Kashmir, which
enjoys a special status under Article 370 of
the Constitution.
• Supreme court in S.R. Bommai v/s Union of
India case said that federalism is a basic
feature of the Constitution and States are
supreme in their sphere. So State flag is not
unauthorized. However, the manner in which
the State flag is hoisted should not dishonour
the national flag.
Related Provisions
• Under Article 51A, every citizen of India has
the duty to ‘Abide by the Constitution
and respect its ideals and institutions,
the National Flag and the National Anthem’.
• Prevention of Insults to National Honour
Act, 1971 (amended in 2005) prohibits the
desecration of or insult to the country’s
national symbols, including the National Flag,
The Constitution and the National Anthem.
o It is applicable to all cases where a case
of insult to National Honour, through
disrespect to National Symbols, is
reported, public or not, as well as
intentional or otherwise.
• Flag Code of India, 2002 is not a law but
a consolidation of executive instructions
issued by the Government of India from
time to time and contains detailed
instruction for observing such behaviour
which will not disrespect the National
Flag.
2.2.4. RIGHT TO PRIVACY
Why in news?
• Recently, in Justice K. S. Puttaswamy (retd.)
vs Union of India, a nine-judge Constitution
Bench of the Supreme Court ruled that right
to privacy is an intrinsic part of life and liberty
under Article 21.
Background
• Constituent Assembly after discussing this
issue decided not to put right to privacy in
constitution
• Earlier M.P. Sharma (8-judge Bench) and
Kharak Singh (6-judge Bench) cases delivered
in 1954 and 1961, respectively, held that
privacy is not protected under the
Constitution.
• In Maneka Gandhi vs Union of India (1978), it
was held that any law interfering with
personal liberty and right of privacy must be
just & not arbitrary.
• However, the IT (information technology) Act
of 2003 was silent on privacy laws.
• A Committee of Experts was constituted
under Justice A P Shah to study the privacy
laws & make suggestions on proposed draft
Bill on Privacy 2011
• Recently, the Data (Privacy and Protection)
Bill, 2017 was tabled in the Lok Sabha.
Recommendation of AP Shah Panel
Among other recommendations two important
ones are:
• Listed nine principles of privacy to be
followed by data controllers - Notice, Choice &
consent, Collection limitation, Purpose
limitation, Access & correction, Disclosure of
information, Security, Openness,
Accountability
• Listed exceptions to the right to privacy -
national security, public order & public
interest, tackling criminal offences, protection
of the rights of freedom of others.
2.2.5. NOTA IN RAJYA SABHA POLLS
Why in News?
In the context of the recent Gujarat elections
(April, 2017) for Rajya Sabha, following issues
have been raised regarding the Proportional
representative election system followed in RS
polls, viz-
• None Of The Above
• Open Ballot system (under Rule 39AA of the
Conduct of Election Rules of 1961)
None Of The Above (NOTA)
• When a voter is not satisfied with any of the
candidates posed by the political parties in an
election they can register their discontent through
NOTA.
• The Election Commission had issued a circular in
January 2014 that the provisions of NOTA be
included in the Rajya Sabha elections too, after it
was included as one of the options in the
Electronic Voting Machines in 2013.
Elections to Rajya Sabha
• Elections to one-third of the RS seats happen
every two years.
• Members of a state’s legislative assembly
vote in the Rajya Sabha elections in what is
called the proportional representation with
the single transferable vote (STV) system.
• Each voter ranks his preferences and if the
first choice candidate has enough votes
already or no chance of being elected, the vote is transferred to the second choice and
so on.
• Only the elected members of the Legislative
Assemblies participate in the election of the
members of Rajya Sabha.
• In Rajya Sabha polls, the MLAs have to show
their ballot paper to an authorised party
agent before putting it in ballot box.
Kuldip Nayar v.s Union of India, 2006 case-
• It challenged amendments made in the
Representation of People Act, 1951 (for short,
`the RP Act’, 1951’) through Representation of
People (Amendment) Act 40 of 2003 which came
into force from August, 2003.
• In the writ petition, Open Ballet System was also
challenged which, according to the petitioner,
violates the principle of ‘secrecy’.
Rule 39AA of the Conduct of Election Rules of
1961
• This rule says that a voter may show his/her
marked ballot paper to the authorised
representative of his/her political party
before dropping it into the ballot box.
• The EC has observed that Rule 39AA “is very
clear that the elector has to show his ballot
paper only to the authorised representative
of his party and to no one else. While, in case
of independent MLAs, they do not have to
show their votes to anyone at all.
• However, Rule 39AA is silent on who would
be the authorised representative for a rebel
MLA.
• In the Kuldip Nayarv.s Union of India, 2006,
case, the five-judge Constitution Bench of the
Supreme Court said that “free and fair
elections” would not stand defeated by
“open ballot” to give effect to concept of
proportional representation.
2.2.6. HATE SPEECH
Why in News?
The T.K. Viswanathan committee, constituted by
the Centre, has recommended introducing
stringent provisions for hate speech.
Related Constitutional Provision
Article 19 of the Constitution- Freedom of
Speech and Expression is guaranteed to all the
citizens of India. However, the right is subjected
to reasonable restrictions in the interests of the
sovereignty and integrity of India, the security of
the State, friendly relations with foreign States,
public order, decency or morality or in relation to
contempt of court, defamation or incitement to
an offence.
Hate Speech
• The Human Rights Council’s ‘Report of the
Special Rapporteur on the promotion and
protection of the right to freedom of opinion and
expression’ expressed that freedom of expression
can be restricted on the following grounds:
o Child pornography (to protect the rights of
children),
o Hate speech (to protect the rights of affected
communities)
o Defamation (to protect the rights and
reputation of others against unwarranted
attacks)
o Direct and public incitement to commit
genocide (to protect the rights of others)
o Advocacy of national, racial or religious
hatred that constitutes incitement to
discrimination, hostility or violence (to
protect the rights of others, such as the right
to life).
- EXECUTIVE
3. 1. MPLADS
Why in News?
Central Information Commission (CIC) has
recently made recommendations regarding
MPLADS Funds.
Related information
• The elected members of Lok Sabha can
recommend work within their constituencies.
• The elected Rajya Sabha members can
recommend works in one or more districts in the
State from where he/she has been elected.
• The Nominated Members of the Lok Sabha and
Rajya Sabha may select any one or more Districts
from any one State in the Country for
implementation of their choice of work under the
scheme.
About Members of Parliament Local Area
Development (MPLAD) Scheme
• The MPLAD scheme was introduced in 1993.
• It is implemented by the Ministry of
Statistics and Programme Implementation
(MoSPI).
• It is a centrally sponsored scheme in which
each MP has the choice to suggest to the
District administration (DA) for works to the
tune of Rs.5 Crores per annum, nonlapsable in nature, to be taken up in the
constituency.
• Further, out of the total amount, 15% and
7.5% funds must be entitled to areas with SC
and ST population respectively.
• In case of insufficient tribal population in the
area, the MP may recommend this amount
for the creation of community assets in
tribal areas outside of their constituency,
within their State of election.
• All recommended eligible works should be
sanctioned within 75 days from the date of
receipt of the recommendation, after
completing all formalities.
• DA will furnish Utilization Certificate every
year to the State Government and the
Ministry of Statistics and Programme
Implementation.
