Sept-16P Flashcards
1.1. CIVIL SERVICE REFORMS
Why in news?
The paper, titled “The Indian Administrative Service Meets Big Data” was published recently. It also highlights about the need for immediate reforms should be brought about by the government.
Challenges
Flailing state of IAS
Apex civil service is not functioning anywhere close to its highest capacity. A new report by a political consultancy rated that Indian bureaucracy as the most inefficient in Asia.
There are perverse incentives for career advancement, a lack of specialized expertise, and a perception of widespread corruption.
Declining Human Capital
The government is finding it hard to lure young talent away from increasingly attractive private-sector opportunities.
The combination of rising average age and lack of advanced academic qualifications implies that many candidates spend a majority of their twenties preparing for and taking entrance examinations for the elite civil services.
Diminished Independence
A deeply pervasive culture of political interference.
Short average tenure in posts. For example it is as low as six months in Uttar Pradesh.
Poor Incentives for Advancement
Bias toward seniority in filling key posts reduces the ability of high-performing officers to swiftly obtain promotions. Even poorly performing officers are given promotion.
Lack of Specialization
Some experts have questioned whether the IAS can continue to exist as a generalist service in a world that is increasingly complex and where domain knowledge has become more valuable.
Malfeasance
Endemic political interference can lead to rent-seeking behavior even for honest officers, who might feel forced to comply with questionable demands from superiors for fear of being punished.
Furthermore, uncompetitive public-sector salaries encourage officers to make extra money while in office.
Status-quoist attitude: Stiff resistance from incumbent IAS officers on civil service reform.
A Reform Agenda for the Civil Service
Transfers and Plum postings: It is imperative that the central and various state governments institute key safeguards to protect against arbitrary, politically motivated transfers and postings of civil servants.
Data: The IAS should use data on civil servants’ abilities, education, and training when placing officers early in their careers. As officers gain experience, performance metrics can inform key decisions about promotion and allocation.
Lateral Exit: The government should consider the proposal that officers deemed unfit for further service at certain career benchmarks be compulsorily retired through a transparent and uniform system of performance review.
State cadre: State and central governments should discuss whether state cadres should be given greater latitude to experiment with increasing the proportion of local IAS officers and track their relative performance.
1.2. CAUVERY WATER ISSUE
Why in news?
In August this year, the Tamil Nadu government showed a deficit of 50.0052 tmcft (thousand million cubic feet) of water released from Karnataka reservoirs, as directed by the CDWT.
Tamil Nadu sought the apex court’s intervention saying its farmers needed the water to begin cultivating
samba crops.
On September 5, the Supreme Court ordered the Karnataka government to release 15,000 cusecs of water a day for 10 days, to Tamil Nadu. This led to widespread protests and bandhs in Karnataka.
The Karnataka government’s stand was water could not be released due to drought conditions in South Karnataka.
On September 22 two Houses of the Karnataka legislature, on Friday, unanimously passed a resolution stating that “it is imperative for the State government to ensure” that no water is drawn from the four reservoirs in the Cauvery basin “except for drinking water requirements of villages and towns in the Cauvery basin and
for the entire city of Bengaluru.”
Background
As per 1924-agreement, Cauvery river water is distributed
as 75% with Tamil Nadu and Puducherry, 23% to Karnataka
and remaining to go to Kerala.
In 1974, Karnataka (Mysore) asserted that the 1924
agreement entailed a discontinuation of the water supply to
Tamil Nadu (Madras) after 50 years.
Karnataka demanded that the river water should be divided
according to international rules, i.e., in equal portions.
Cauvery waters tribunal
Owing to Tamil Nadu government’s appeal to the Central
government 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.
It concluded that the water availability in Cauvery stood at 740 tmcft. (Divisions between states are shown in the infographic)
Issue
Endless cycle of sporadic litigation and ad hoc adjudication: Both Karnataka and Tamil Nadu continue to avoid any mutual engagement to share the shortfall during distress years.
The Cauvery Water Disputes Tribunal, which gave its award in 2007, has asked the parties to share the deficiency on a pro rata basis.
Weak implementation of award: Due to absence of a ‘Cauvery Management Board’ and a Regulatory Authority, which the Tribunal had wanted created to oversee implementation.
Supervisory Committee: After notifying the final award in 2013, the Union government set up a Supervisory Committee (not independent Cauvery Management Board) comprising officials from the Union government and the Central Water Commission and representatives of both States. The court has now asked TamilNadu to approach the committee, which will decide on further releases.
Excessive complication of the matter is due to regional politics and delayed judicial proceedings.
Separation of powers and KA defying SC:
What needs to be done?
Ideally, any distress-sharing formula should come from a technical body and not courts.
Set up the Cauvery Management Board and Regulatory Authority.
Once the Board is set up, all the Cauvery reservoirs in Karnataka will come under the control of the board and the state will lose its rights over the management of water.
The Board will take decisions on water usage and distribution.
The Board will also see to it that states ensure proper hydraulic structures at relevant sites. It will determine the amount of water to be received by the states.
During Bad Monsoons: The Board will ensure adequate storage by the end of May each year during good years. This will help during delays in the onset of monsoons.
In case of consecutive bad years, the Board will handle the issue appropriately by distributing water in a planned manner with minimum distress.
Attempts to resolve dispute have focused mainly on resource sharing while ignoring equity and efficiency issues.
In a world of depleting water resources, fewer crop seasons and lower acreages, a resort to less water-intensive crops and better water management hold the key.
In the longer term, experts will have to devise a sustainable agricultural solution for the Cauvery basin, as the river does not seem to have the potential to meet the farming requirements of both sides.
Different types of irrigation like drip irrigation, sprinkler systems etc. should be adopted widely.
Re-Visiting MSP Policies esp. w.r.t. Water Intensive Food Crops
Crops should be planted according to Agro-Climatic conditions.
River basin planning: Stakeholder states should plan collectively for the whole river basin.
The fact is the Cauvery basin is overdeveloped and legal instruments are insufficient to address the recurring water crisis.
Non-political initiatives, such as the ‘Cauvery Family’, a body formed a few years ago covering farmers of both States, could help co-operation between farmers.
Data: Transmission of quick and accurate information — rainfall to reservoir storage — could help dispel the current mistrust among the different stake-holders.
Way forward
One solution can be to bring water under concurrent list and according to Mihir shah report central water authority can be constituted to manage rivers.
Centre can play the role of impartial arbitrator. This role cannot be done by courts as this is a political question with political consequences.
A Parliamentary Standing Committee on Water Resources too has stated the need for bringing the subject in the Concurrent List.
It also urged the Centre to initiate “earnest” efforts to build a national consensus for bringing water in the Concurrent List of Constitution so that a comprehensive plan can be prepared for water conservation.
Box–Geography
Tribunal award has been criticized for ignoring the fact that ground water in the river basin is more in lower riparian state and less in the upper riparian state while assessing water availability.
Deficiency in monsoon rainfall and less water due to el nino and 2yr drought is the main reason. Karnataka had 18 percent short of normal rainfall.
Inefficient use of land: Karnataka is cultivating large-scale water-intense crops such as sugar cane, despite their soil’s dry-land-farming qualities.
Geographic location of Tamil Nadu: Tamil Nadu is present on the leeward side of western ghat for SW monsoon and receive majority of its rainfall via N-E Monsoonl
–Fig–
1.3. POLICE REFORMS
Why in news?
Supreme Court of India in Youth Bar Association of India v Union of India and others, made it mandatory for the police to upload within 48 hours a First Information Report (FIR) drawn up by it suo motu or on a complaint.
Background
The Police System is a colonial legacy: Police Act of 1861 has a managerial philosophy, which was based on distrust of the lower ranks in the organization. Post-Independence: Police Act of 1861 continued to govern it.
Police is an exclusive subject under the State List (List II, Schedule 7 of the Indian Constitution).
But most of the states are following the archaic Indian Police Act 1861 with a few modifications.
Police have become the ‘subjects’ of Parliamentarians and legislators – with a high degree of politicization and allegiance towards ruling party
National Police Commission:
During the period between 1979 and 1981, the NPC produced eight reports. Major recommendations were centered around the problem of insulating the police from illegitimate political and bureaucratic interference
Benefits Of recent SC directive
Protecting the accused – now he/she knows that he figures in an FIR.
He/ she will also know the allegations which formed the basis of his accusation.
This order is also a shot in the arm for activists who want to protect citizens from State harassment on flimsy grounds.
Makes it difficult for station house officers to ignore
crime, a common practice adopted with a view to helping an offender
Makes it difficult to dress police statistics up so that rise in crime is concealed. Two issues: the need to protect national security, as well as the privacy of a citizen; and the technical feasibility of implementing its directive that FIRs should be uploaded within 48 hours of their registration. According to the order, there will be exemption from the directive when the alleged offence is sensitive, such as sexual violence or one in which there is an angle of national security, insurgency or terrorism. Will solve the problem of corruption involved in getting an FIR filed.
Significance of police reforms
The three greatest problems confronting the country today are:
The challenge of international terrorism,
The spread of maoist influence over vast areas of central india
The cancer of corruption.
To tackle these problems we need a professional police force, well trained and equipped, highly motivated, and committed to upholding the law of the land and the constitution of the country.
The police are the first responders in the event of any terrorist attack or Maoist violence, and they are also the backbone of our intelligence, investigation and anti-corruption agencies.
Economic progress cannot be sustained if we are not able to generate a safe and secure environment.
The democratic structure may also crumble if we do not arrest the trend of criminals gaining ascendancy in
public life.
Problems
Political interference
Lack of internal and external accountability. (Thomas committee has shown that nearly all states have ignored Prakash Singh case directives.)
Numbers: The global average ratio of police-population is 270 to 100,000, where it’s 120 in India. With far less police – ill trained, ill-equipped and most of them are posted to protect the politicians, people of India are the least secure (most vulnerable) people in the world.
Criminal Investigation:
The important, but badly neglected, aspect of policing is criminal investigation. Standards have declined sharply in the last few years.
Human right violations:
Compensation amount comes from public money, putting no burden on the policeman in question.
Convictions are few. In seven of the 10 years from 2006 to 2015, not a single policeman was convicted of human rights violations.
Collection and analysis of preventive intelligence:
Especially pertaining to terrorists and insurgents who pose a constant challenge to internal security.
Vacancies:
Central investigation agencies like the CBI, the National Investigation Agency (NIA) and the Enforcement Directorate continue to have huge vacancies
Outdated arms and equipments: as seen in 26/11 attacks.
Lack of proper training.
Way forward
Police are to give better security and protection to the people of the country, uphold their human rights and generally improve governance and attending to their grievances is dependent on the establishment of a police force, which is efficient, honest and professional to the core.
Therefore the PM, at the Guwahati Conference of the Directors General of Police on November 30, 2014, enunciated the concept of SMART Police - a police which should be sensitive, mobile, alert, reliable and techno-savvy. Also the reforms package must include the establishment of statutory institutional arrangements, Insulating police force from outside illegitimate control and giving them functional autonomy. Once the police are given functional independence, they must be held accountable for the wrongs they do The existing mechanisms of accountability must be strengthened and improved. In addition, new mechanisms, working independently to monitor the functioning of the police and to inquire into public complaints against the police, must be established.
Box–1-Legislations by states:
e.g. Bombay Police Act of 1951, in Kerala by the Kerala Police Act of 1960, in Karnataka by the Karnataka Police Act of 1963, in Delhi by the Delhi Police Act of 1978 etc. But all of them were still patterned on the model of the old 1861 legislation and ignored the needs of ‘democratic policing’.
Box–2-Internal Accountability Mechanisms:
Police Act of 1861, the state governments’ Police Acts and in rules laid down in state Police Manuals. External Accountability Mechanisms Judiciary Human Rights Commissions: holds the police accountable in cases of misconduct. Non-government organizations and Media.
–Fig–
1.4. REVIEW OF STATUS OF NATIONAL PARTY
Why in news?
The Election Commission of India (EC) accorded national party status to the All India Trinamool Congress (TMC), making it the seventh party that can contest Lok Sabha and assembly polls across the country on its own symbol.
Election Symbols (Reservation and Allotment) order was amended.
TMC fulfilled conditions to qualify as a so-called state party in four states West Bengal, Tripura, Arunachal Pradesh and Manipur.
Recent changes made by ECI
Under the revised rules of EC, a party’s performance over two consecutive Lok Sabha or assembly elections is considered, as opposed to one previously, for granting recognition as a national party.
The changes have helped other parties that performed badly in 2014 elections to maintain their nation party status.
The other six are the Bharatiya Janata Party, the Congress, the Bahujan Samaj Party, the Nationalist Congress
Party, the Communist Party of India (Marxist) and the
Communist Party of India.
Criteria for becoming national party
A political party shall be eligible to be recognised as a National party if :-
It secures at least six percent(6%) of the valid votes polled in
any four or more states, at a general election to the House
of the People or, to the State Legislative Assembly; and in
addition, it wins at least four seats in the House of the People
from any State or States.
OR
It wins at least two percent (2%) seats in the House o the
People (i.e., 11 seats in the existing House having 543 members), and these members are elected from at least three different States.
OR
A party has got recognition as a state party in at least four states.
What are the benefits of being recognised as national party?
National party recognition leads to a reserved symbol for its candidates contesting from across the country.
This is critical for political parties since a large section of voters in the country are illiterate and depend on symbols to identify the party they want to vote for.
Having a pan-India symbol helps parties reach out to prospective voters.
Candidates from a national party require only one proposer to file their nominations and are entitled to two sets of electoral rolls free of cost.
National parties get dedicated broadcast slots on public broadcasters Doordarshan and All India Radio during the general elections.
A national party can have a maximum of 40 ‘star campaigners’ while a registered unrecognised party can nominate a maximum of 20 ‘star campaigners’, whose travel expenses are not accounted for in the election expense accounts of candidates.
Box–
Privileges of National Parties
Unique symbol
Free airtime on public broadcasters AIR and Doordarshan during the Lok Sabha elections.
Two free copies of electoral rolls while their candidates need only one proposer to file their nomination papers.
Deploy 40 star campaigners whose expenditure is not clubbed with the election expenses of an individual candidate.
1.5. NGOS: NEED OF REGULATORY LAW
Why in news?
Supreme Court is to ask the Law Commission of India to bring an effective law to regulate the flow of money to a total 29.99 lakh NGOs functioning in the country.
The government has clamped down on four American NGOs- Avaaz, Bank Information Centre (BIC), Sierra Club and 350.org. Earlier it had acted against Greenpeace. These events happened in January 2015.
Recently there was proposal to bring all NGOs under home ministry.
Necessity
A Intelligence Bureau report, “Concerted efforts by select foreign-funded NGOs to take down Indian development projects”, in 2014 alleged that several foreign-funded environmental NGOs were targeting development projects across the country. This report says ~2% of GDP is lost due to these activities.
The CBI records filed in the Supreme Court in the case show that only 2,90,787 NGOs file annual financial statements of a total of 29,99,623 registered ones under the Societies Registration Act. In the Union Territories, of a total of 82,250 NGOs registered and functioning, only 50 file their returns. Also NGOs are getting money from all over the world and these may include enemy countries.
Recently, Supreme Court (SC) voiced its concerns on the NGO becoming a “proxy litigant” and a front for settling corporate rivalry or personal vendetta.
NGOs argument
Registration for the FCRA was easy a few years ago, it has now become a lot more stringent.
Often, the larger NGOs do not face a problem when it comes to funding, but smaller ones does.
There are several NGOs that exist only on paper. These have given others a bad name too and so the funding has dried up for many sectors
Way Forward
Anyone can register a society and it becomes an NGO. So there is a need to form an appropriate law.
Sensitize all NGOs about compliance of FCRA act and rules
when they receive funds from abroad.
Agencies involved in creating engineered dissent just to
influence the polity and economy of India should be
selectively handled.
Issues like misappropriation of funds, lack of transparency
and accountability of NGOs need to be addressed to bridge
trust deficit between government and civil society.
All NGOs must respect the law of the land, maintain
transparency and remain above board.
We have to realize that NGOs have become an
indispensable tool for social development. This was
highlighted in National Policy on Voluntary sector. Success of various SHG initiatives, government schemes and laws such as FRA, CAMPA and processes such as EIA etc., is due to NGOs . So streamlining them will increase their productivity for the nation.
Box–
As Presently, Home Ministry monitors foreign funds donated to NGOs and organisations through the FCRA. But for effective monitoring it wants the Finance Ministry to surrender its powers to monitor NGOs under FEMA as many International donors such as the Ford Foundation, the U.K.’s Department for International Development and Canada’s International Development Research Centre are registered under FEMA.
1.6. IMPROVEMENT IN RTI
Why in news?
The Central Information Commission (CIC) now would function like an e-court with all its case files moving digitally and the applicant being alerted about case hearings through an SMS and email from September 2016
New Features in RTI
Real time updates on filing a complaint or appeal under Right to Information (RTI) Act.
As soon as an RTI applicant files an appeal or a complaint, he/she would be given a registration number and would get an alert on email and mobile phone about his case and progress.
The case would then be electronically transferred immediately to the concerned information commissioner’s registry electronically.
CIC has already scanned 1.5 lakh files and converted them into electronic files.
The Commission would also be able to separate complaints from the appeals.
Impact of the changes
Currently, the entire process of RTI takes a few days but after the changes are incorporated entire process would be done within hours.
This would lead to faster hearings and more convenience.
The facility would not only benefit the appellants but also information commissioners in quickly disposing off the cases.
The changes could facilitate hearing of multiple appeals of the same person on a given day.
It would directly impact in reducing pendency as more cases would be disposed in a day.
1.7. SC DECISION ON SINGUR LAND PROJECT
Why in news?
The Supreme Court recently held that the land acquisition in Singur project could not be said to be for a “public purpose” and hence the land should be remitted back to farmers within 12 weeks.
Timeline of the issue
In 2006 it was announced that Tata would setup a car
manufacturing unit to roll-out its Nano model for which close
to 1000 acres of land would be allocated.
In 2008, government acquired 997 acres of land in Singur,
40km from Kolkata, under the Land Acquisition Act 1894, under “eminent domain principle and urgency clause” for Tata Motors to build the Nano factory.
Massive demonstrations were held against the forcible land acquisition proposed for the project.
It became controversial because it was prime arable land that was forcibly acquired by the West Bengal government.
In 2008, Calcutta high court upheld the acquisition of the land, holding it to be in the interest of the public and for public purpose. The Tatas moved the Nano project from West Bengal to Gujarat in the meantime to avoid judicial hassles.
In 2016, the Supreme Court in an appeal overturned the decision and has ordered to return the acquired land to farmers in 12 weeks.
Impact of the verdict on future land acquisition
Although, this is a one off case and may not impact on a large scale in India but still its unclear if it will have detrimental effect on land acquisition and development in India.
Supreme Court verdict gives emphasis on protecting individuals’ rights than development.
The potential land reform amendments to make it easier for the government and companies to acquire land could meet even greater resistance now.
The decision sets a precedent that land has to be acquired for public purpose and benefit and has to be proved.
Box–‘Eminent domain principle’
Eminent domain is the right or power of a sovereign state to take private property for public use without the owner’s consent, after payment of just compensation.
1.8. BAN ON SHARING AADHAAR DETAILS
Why in news?
The Union Government has banned agencies in possession of Aadhaar number to publish or post the information publicly to ensure that the details are not misused.
The Unique Identification Authority of India (UIDAI) issued notification under the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 regarding the same.
The core biometrics that are fingerprints and iris scan along with bank details, form important sensitive information in Aadhaar.
Key takeaways
The agencies under possession of Aadhaar details will have to ensure security and confidentiality of the 12-digit identification number.
The biometric information collected by UIDAI cannot be shared with anyone for any reason whatsoever.
The agencies will also have to inform Aadhaar holders the purpose for which their details will be used.
Penalty has been prescribed for offences such as impersonation of the Aadhaar holder at time of enrolment, tampering with data and disclosing identity information under the Aadhaar act.
1.9. WEB RESPONSIVE PENSIONER’S SERVICE PORTAL
Why in News?
Finance Minister launched a new Digital India initiative, the Web Responsive Pensioner’s Service Portal undertaken by the office of Controller General of Accounts.
What is it?
This portal will help pensioner’s access information relating to status of pension cases, and pension payments processed by Central Ministries/Departments and Banks.
This portal will also serve as an effective platform for grievance redressal.
It has been developed by the Central Pension Accounting Office.
Sept-Polity
- Civil Service Reforms
- Cauvery Water Issue
- Police reforms
- Review of Status of National Party
- NGOs: Need of Regulatory Law
- Improvement in RTI
- SC Decision on Singur Land Project
- Ban on Sharing Aadhaar Details
- Web Responsive Pensioner’s Service Portal
