Dec-16P Flashcards
1.1. SINGLE TRIBUNAL FOR INTER-STATE WATER DISPUTE
Why in news?
The Central Government has decided to amend Inter-State Water Disputes Act, 1956 (ISWDA) to constitute a permanent tribunal to decide on all inter-state water disputes that arise.
An agency, to collect and maintain all relevant water data, like rainfall, water flow and irrigation area, in each of the river basins of the country, is also proposed to be created.
Background
Centre now sets up ad hoc tribunals under ISWDA to adjudicate disputes as they arise. Eight tribunals have been constituted so far.
With water becoming scarce resource, inter-state water disputes are increasing. Recently, dispute over Mahadayi river between Karnataka, Goa and Maharashtra has arisen.
Benefits
Speedier adjudication: Ready availability of relevant and updated data collected by the proposed agency at all the times would expedite the adjudication process.
Reliable Data: States in disputes have tendency to question data provided by the other side which will be minimized by availability of data by specialized agency.
Pre-litigation Resolution: A Disputes Redressal Committee comprising experts is also proposed to be set up which is expected to solve most of the disputes before they are referred to permanent tribunal.
Fixed Timeframe: Proposed Amendment puts a timeframe of three years for permanent tribunal to give its verdict.
Challenges
Benches of Permanent Tribunals are proposed to be created as and when need arise. Thus it is not clear how these temporary benches will be different from present system.
The Supreme Court recently has said that it can hear appeals against water tribunals set up under ISWDA, thus delaying the judicial proceedings.
Way Forward
Apart from institutional mechanism, a sense of responsibility in states towards humanitarian dimension of water disputes needs to be infused.
Water disputes should be depoliticized and political parties must refrain from taking benefits out of it.
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1.2. NATIONAL RAIL PLAN 2030
Why in news?
Website of National Rail Plan 2030 (NRP 2030) was launched by
the Railway Minister.
It will be used by all stakeholders including State Govts, public
representatives and relevant Ministries to give their inputs for
purposeful study in order to develop NRP 2030.
Need for Planning in Railways
Indian Railways plays critical role in India’s economic and social
fabric as well as the security and cross-border strategic linkages
Presently Railway planning is not based on an integrated plan and projects are sanctioned mostly in isolation.
The national plan will take into account connectivity to backward region, regional imbalances. Congestion in the existing network and futuristic development of Industrial corridors.
There is lack of a holistic and perspective approach in development of railway network.
About National Rail Plan
NRP 2030 will provide long term perspective to planning for augmenting the railway network.
It will harmonise and integrate the rail network with other modes of transport and create synergy for achieving seamless multi modal transportation network across the country.
It will also realize vision of integrated planning and cost optimization of the transportation network by laying the new railway lines and new highways together in tunnels and over mega-bridges.
Way Forward
Railway plays a very critical role in overall development of the country. In the light of this a holistic and perspective plan by taking input from all stakeholders is needed to make railways more effective and efficient in nation building.
Box–Objectives of the NRP 2030
Facilitate easy movement of freight and passengers and access to services with reliability, safety and convenience.
Stimulating economic growth by creating required rail infrastructure complementing other modes of transport.
Meet the strategic requirement along international border.
To build an economically competitive rail transport system.
1.3. ELECTORAL REFORMS-POLITICAL FUNDING
Why in news?
Election Commission (EC) has asked the government to amend law to ban anonymous contributions of Rs. 2000 and more to political parties.
Present status on Donations to Political Parties
Present law, the Representation of the People Act, 1951, does not stop the political parties from accepting nameless donations.
However Political Parties are required to disclose details of donations which are above 20000 only as per section 29C of RPA, 1951 providing indirect partial ban.
Political Parties are not legally bound to submit their income tax returns annually under Section 13A of the Income Tax Act, 1961. It has been noticed that some of them do not submit their returns on time.
Electoral reforms sought by ECI
As per the draft amendment legislative proposal it requested the government to make law stricter by lowering the cap of anonymous donation from 20000 to 2000.
Problem with IT ACT 1961:
Section 13A of IT act 1961 provide tax exemption to Political Parties for income from house property, voluntary contribution, capital gains and other sources.
Only income of Political Parties from salaries, business or profession is taxed.
Case may occur where Political Parties may be formed only for the sake of avoiding income tax for the property given to it which is maintained using public money.
EC asked to plug this loophole by suggesting that income tax waiver should be provided only to those political parties which contest and win seats in Lok Sabha or Assembly polls.
Political Parties must provide details of donors for coupons of all amounts. Coupons are the instrument devised for Political Parties to collect donations. These coupons are printed by Political Parties themselves hence no limit as to how many coupons are printed by them.
Impact
It will help to root out the problem of financing of Political Parties using black money.
Money power in elections will decrease significantly.
Chances of influencing voters especially rural poor people will become highly improbable.
Functioning of Political Parties will become more transparent and thus become more accountable towards public.
Way forward
The changes proposed by ECI are forward looking and should be implemented as it would enhance the credibility of election results and thus ECI itself.
It is high time to bring the necessary changes for making elections in India free and fair.
1.4. POLICY IMPLEMENTATION
Why in news?
Right now India’s logistics management capabilities are being severely tested to deliver new currency notes to banks and ATMs around the country and India’s ability for “Policy Implementation”.
Policy implementation is the fourth stage of Policy cycle in which adopted policies are put into effect.
Different types of Policy implementation
Policy Implementation 1.0: It is the ability to deliver a standard product or carry out a standard procedure across the country. It can work well when one size fits all— the same dose of the same polio vaccine, the same procedure for voting, the same identity card etc. India has already proved its mettle in this area by carrying out a standard procedure in millions of locations, many in very difficult conditions. For example – conducting world’s largest election, carrying new currency to different nooks and corner of the country, ADHAAR project, 100% coverage of UIP, etc.
Policy implementation 2.0:
In addition to carrying out standard procedure it also entails change in the behaviour of citizens and cooperation of communities (Stakeholders) Best example is Sanitation programme in India where despite installing so much toilet infrastructure it could not change the open defecation pattern in India esp. in rural areas. One of the key reasons is lack of devolution of powers (Functions, functionaries and finances) to local bodies.
Policy implementation 3.0:
It requires coherence amongst many policies, coordination amongst many agencies, and cooperation of many stakeholders. Like, Industrial policy of 1991 requires Policy 3.0 competencies which focus on changing the behaviour of Entrepreneurs. But for enterprises to be more productive and attract more investment several conditions must be changed like physical infrastructure, rules and regulations regarding labour management, land acquisition etc.
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1.5. RESPECTING NATIONAL SYMBOLS
Why in news?
In Shyam Narayan Chouksey case (National Anthem Order), the Supreme Court directed all cinema halls to play national anthem at the start of movies.
Legislations and Rules regarding National Symbols
Article 51A of the Constitution makes it a fundamental duty for every citizen of India to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.
The Prevention of Insult to National Honour Act, 1971 deals with cases of insults to the Constitution, the national flag and the national anthem and provides for penal provision for insulting these symbols.
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.
Provisions of the Prevention of Insult to National Honour Act, 1971
Section 2 of the Act provides for a maximum imprisonment of three years with or without fine for insulting the Indian national flag and the constitution of India.
Insult includes burning, mutilating, defacing, defiling, disfiguring, destroying or otherwise showing disrespect or contempt towards the national flag or the constitution.
Section 3 of the Act criminalizes insult to national anthem.
No section of this Act or Indian Panel Code, 1860 makes it mandatory for a citizen to stand up when the national anthem is being played.
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1.6. JUDICIAL ACTIVISM VS JUDICIAL OVERREACH: CASE STUDY
Why in News?
SC banned the States and UT’s from granting license for liquor sale along national and state highways which is being termed as a case of Judicial Activism by experts.
Uttrakhand HC imposed a blanket ban on sale and consumption of liquor in 3 districts of states which is being termed as case of Judicial overreach.
Judicial Activism
It implies going beyond the normal constraints applied to jurists and the Constitution, which gives jurists the right to strike down or make any legislation or rule against the precedent if it goes against the Constitution.
It is premised upon the fact that judges assume a role as independent policy makers or independent “trustees” on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws
It connotes the assertive role played by the judiciary to force the other organs of government to discharge their assigned constitutional functions towards the people.
Judicial Overreach
It refers to an extreme form of judicial activism where unreasonable, arbitrary and frequent interventions are made by judiciary into the legislature’s domain. It is often done with the intention of disrupting the balance of powers between executive, legislature and judiciary.
Way Forward
There is a fine line between judicial activism and judicial overreach. It would be in the interest of the country if judges understand this and don’t encroach upon other’s jurisdiction.
Judiciary at times reacted proactively in the larger interest of the society but it must also respect the other organs of the state namely legislature and executive by working within its constitutional limits.
It can be rightly argued that legitimate judicial intervention is one which clearly falls within the permissible scope of judicial review.
Box–
SC ORDER: Case of Judicial Activism
Hence it passed order to ban liquor sale along highways to deal with the problem of drunken driving as it is a major cause for high degree of road fatalities in country.
SC while passing the order openly admitted that inability of state to address this issue has forced SC to intervene.
HC ORDER: Case of Judicial Overreach
HC crossed its constitutional mandate and ordered complete prohibition on possession, distribution, collection, sale, purchase or consumption of liquor in 3 districts of Rudraprayag, Chamoli and Uttrakashi district citing its religious significance.
HC referred to Article 47 under DPSP which states that “State shall endeavor to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health”.
1.7. ANTI DEFECTION LAW
Why in News?
Recent trends have been observed in past few years where MLA’s defected to ruling party without being disqualified from their legislative membership. This questions the viability of Anti-Defection-Law in India.
Few recent case studies
Telangana: MLA’s from various political party like TDP, BSP, CPI etc joined TRS without disqualification.
West Bengal: Congress MLA joined TMC leaving behind their parent party.
Andhra Pradesh: YSR congress MLA’s switching side to TDP.
Similar cases witnessed in Uttrakhand and Arunachal Pradesh recently.
What is 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.
Any person elected as speaker or chairman could resign from his party, and rejoin the party if he demitted that post.
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.
Issues
There is no mention of time frame for Speaker to take decision regarding disqualification which is one of the main loophole in the law.
The law states that the decision of Presiding officer is final and not subject to judicial review. The Supreme Court later on held that there may not be any judicial intervention until the presiding officer gives his order. However, the final decision is subject to appeal in the High Courts and Supreme Court.
Though there is provision of judicial review (Kihoto Hollohan case, 1993) still judiciary is by and large helpless at the pre-decisional stage as no clear role is mentioned in the anti-defection law.
Solution
Need to define the entire procedure clearly and set a definite and reasonable time limits for each step of the process, ensuring transparency.
Power to decide upon the question of disqualification can be taken away from Speaker and entrusted to some independent constitutional authority like Election commission of India.
1.8. CORPORATE SOCIAL RESPONSIBILITY
Why in news?
Prime database recently released CSR expenditures by firms for financial year 2015-16.
As per the report Indian companies spent Rs 9309 crore on CSR projects in 2015-16, which was Rs 163 crore more than the amount required by law, and Rs 703 crore more than the previous year.
Problems with CSR law
Most of the spending has been in areas which companies prefer. Of the nine different schedules prescribed by The Companies Act, two schedules: combating various diseases and promotion of education accounted for 44% of the total CSR expenditure.
There is issue of geographical equity. More than 25% of all CSR spending happens in 5 states like Maharashtra, Gujarat, Andhra Pradesh, Rajasthan, Tamil Nadu while north east states are mostly neglected.
Historically CSR spending has never been reported so it cannot be concluded whether CSR spending has increased or decreased after the law came into effect. Like a company who may be voluntarily spending more than 2% of their profit may now just spend just 2% to meet obligation and vice versa.
There are evidences which suggests that companies under the garb of CSR spending have increased their profit as it results in brand building, employee engagement and good public relations. This saves lot of money for companies kept under marketing and promotion of products.
CSR law can be seen as an indirect way to increase corporate tax, which is already among the highest in the world (As per KPMG, India – 34.61%, World Avg – 24.09%) as it is spent on social welfare programme which does not generate profit for the firms. This high rate not only makes Indian firms less competitive in international market but also hampers foreign investments in India.
Though CSR law compel firms to contribute towards social welfare through spending a part of their profit in some initiatives but it does emphasize upon outcomes of those initiatives.
There is also non-availability of well-organized nongovernmental organizations esp in remote and rural areas that can assess and identify real needs of the community and work along with companies to ensure successful implementation of CSR activities.
Yet another reason is that there is a lack of consensus between various local agencies regarding CSR projects resulting in duplication of efforts by companies. This give rise to a competitive spirit between local implementing agencies rather than building collaborative approaches on issues.
CSR law enlists only few genres of works like eradicating extreme hunger and poverty, promoting education, social business projects which is too vague to work as legal definition.
CSR does not talk about enforcement mechanism or penalties in case of noncompliance.
Important CSR provisions under companies act, 2013
CSR applicable to companies with at least 5 crore net profit or 1000 cr turnover or 500 cr net worth.
Companies will have to spend 2% of their 3 year average annual net profit in CSR activities in each financial year starting from 2014-15.
Activities included in CSR list are – livelihood enhancement, rural development projects, preventive healthcare and sanitation, reduce inequalities faced by socially and educationally backward groups, conservation of natural resources, promotion of sports, etc.
Way ahead
There is a need to create awareness about CSR amongst the general public to make CSR initiatives more effective. For this various stakeholders like government, companies, NGO’s, civil society, media, people themselves should be involved.
Companies can overcome their duplication issue by pooling their efforts into building a national alliance for corporate social responsibility. This alliance, representing various industry interests, should take up broad development agenda and provide high value services to the poor and the underprivileged.
CSR as a subject or discipline must be introduced at business schools, colleges and universities to sensitize students about social and development issues and the role of CSR in helping corporate houses strike a judicious balance between their business and societal concerns.
Lastly government must reward corporate firms and other stakeholders implementing projects under CSR that effectively covers poor and underprivileged.
1.9. VANJEEVAN
Why in news?
Union Ministry of Tribal Affairs in collaboration with UNDP and National Scheduled Tribes Finance and Development Corporation (NSTFDC) launched “Vanjeevan” the National Resource Centre (NRC) for Tribal Livelihood issues at Bhubaneswar.
Highlights of Program
The scheme will identify problems related to livelihood
issues, provide skill training and to facilitate entrepreneurship
and employment among tribal people.
NRC will serve as an apex central institution within Ministry
of Tribal Affairs to act as research and technical hub for the
socio-economic development of tribal communities.
In first phase it will be launched in selected districts of six
states having low HDI value of tribal people. These states are
Assam, Gujarat, Madhya Pradesh, Rajasthan, Odisha and
Telangana.
In 2nd phase, programme will be implemented in Arunachal Pradesh, Chattisgarh, Jharkhand, Maharashtra, Meghalaya and Tripura.
The centre will also have a knowledge hub that will give special emphasis on traditional tribal knowledge and make a sync with new business models and employment opportunities
Box–National Scheduled Tribe Finances and development Corporation (NSTFDC)
Set up in 2001 as non-profit company under ministry of Tribal Affairs, GoI.
It provides financial assistance at concessional rates of interest for undertaking viable income generating activities to the Scheduled Tribes up to double the poverty line.
1.10. MANIPUR ISSUE
Why in news?
Manipur has created 7 new districts taking total number of districts in state to 16.
Background
Manipur has largely three main communities- the Naga
and Kuki, who are tribals and Meitei who are non-
tribals. While the Naga and the Kuki occupy the hilly
areas, the Meitei reside in the valley.
The demand of new districts has been a subject of
ethnic strife in Manipur since 1971.
Naga and Kuki villages are located side by side in all four
hill districts of Manipur thus complicating the issue.
Main Features
The United Naga Council (UNC), which claims to represent Naga interest, is opposed to the creation of the Sadar Hills district out of the Senapati district, with a substantial Naga population.
They allege that two districts, Sadar and Jiribam, would encroach the ancestral land of the Nagas.
The state government denying the charge stated that the move was purely aimed for administrative convenience and with no ulterior motives.
Way Forward
Manipur has been facing problems of insurgency and ethnic violence for a long period. In such situation, government should try to consult all the stakeholders and expedite the peace talks based on “Framework Agreement” signed with NSCN-IM for an early resolution of the problems.
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1.11. RESERVATION FOR KANNADIGAS
Why in news?
Karnataka govt. has released draft amendments to Karnataka Industrial Employment (Standing Order) Rules of 1961 which will provide 100% reservation for Kannadigas for blue collar jobs in private sector.
It will be applicable to all companies receiving government concessions except those in IT and Bio Tech sectors. Companies that don’t comply will be denied concessions by government.
Impact
It may trigger a similar response from other states for reserving quota of jobs in private sector for local people endangering unity and integrity of the nation by promoting divisive tendencies.
Private companies hire employee purely on the basis of merit but if “son of the soil policy” is applied in hiring it would mean giving primacy to regional factors than merit.
Private companies may not remain competitive in international market if such rules will be imposed upon them.
Way Forward
Instead of providing 100 % reservation for state people in private companies, government must focus on providing skills to people depending upon one’s interest.
It will not only increase the employability quotient of the person but also help him/her contribute towards the development of society and nation at large.
1.12. REGULATION OF NGOs UNDER FCRA ACT
Why in news?
Under the Foreign Contribution (Regulation) Act 2010 (FCRA 2010), licences of around 20,000 of 33,000 NGOs were cancelled by the government thus barring them from receiving foreign funds.
Independent analysis has revealed that nearly Rs 6000 crores have been amassed as cash and cash equivalents and for acquisition of vast tracts of real estate by NGOs in violation of FCRA.
About FCRA, 2010
The FCRA, 2010 regulates the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies.
It prohibits acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to national interest.
Funds can be collected only for research, training, awareness, rehabilitation and relief for victims of man-made and natural calamities, maintenance of buildings and real estate for philanthropic activities.
Criticism
India is a party to International Covenant on Civil and Political Rights which incorporates the right to freedom of association. Access to resources, particularly foreign funding, is part of the right to freedom of association. FCRA is in violation of this Covenant.
Restrictions in the name of “public interest” and “economic interest” are too vague making it possible for arbitrary executive action and they fail the test of “legitimate restrictions”.
It is alleged that Government is using the Act to silence dissent.
Dec-16Polity
- Single Tribunal for Inter-State Water Dispute
- National Rail Plan 2030
- Electoral Reforms-Political funding
- Policy Implementation
- Respecting National Symbols
- Judicial Activism vs Judicial Overreach: Case Study
- Anti Defection Law
- Corporate Social Responsibility
- Vanjeevan
- Manipur issue
- Reservation for Kannadigas
- Regulation of NGOs Under FCRA Act
