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  • 02 Apr 2021
  • 32 min read
Indian Polity

Article 244(A) of the Constitution

Why in News

The demand for an autonomous state within Assam has been raised by some of the sections of the society in Assam under the provisions of Article 244A of the Constitution.

Key Points

  • Background:
    • In the 1950s, a demand for a separate hill state arose around certain sections of the tribal population of undivided Assam.
    • After prolonged agitations, Meghalaya gained statehood in 1972.
    • The leaders of the Karbi Anglong and North Cachar Hills were also part of this movement. They were given the option to stay in Assam or join Meghalaya.
    • They stayed back as the centre promised them more powers, including Article 244 (A).
    • In the 1980s, the demand for more power/autonomy took the form of a movement with a number of Karbi groups resorting to violence.
      • It soon became an armed separatist insurgency demanding full statehood.
  • Article 244A:
    • Article 244(A) allows for creation of an ‘autonomous state’ within Assam in certain tribal areas.
    • It also envisages creation of a local legislature or Council of Ministers or both to carry out local administration.
    • It was Inserted into the Constitution by the Twenty-second Constitution Amendment Act, 1969.
    • Article 244(A) accounts for more autonomous powers to tribal areas than the Sixth Schedule. Among these the most important power is the control over law and order.
      • In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.

Sixth Schedule

  • The Sixth Schedule of the Constitution provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
    • This special provision is provided under Article 244 (2) and Article 275 (1) of the Constitution.
  • In Assam, the hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region are under this provision.
  • The Governor is empowered to increase or decrease the areas or change the names of the autonomous districts. While executive powers of the Union extend in Scheduled areas with respect to their administration in fifth schedule, the sixth schedule areas remain within executive authority of the state.
    • The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.
      • The whole of the normal administrative machinery operating in a state do not extend to the scheduled areas.
      • At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Area.
      • Tribal habitations in the states of Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh and Jammu & Kashmir have not been brought under the Fifth or Sixth Schedule.
  • The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.
  • The Councils have also been endowed with wide civil and criminal judicial powers, for example establishing village courts etc. However, the jurisdiction of these councils is subject to the jurisdiction of the concerned High Court.

Source:IE

Indian Polity

Star Campaigners and Model Code of Conduct

Why in News

Recently, the Election Commission of India (ECI) delisted Ex-Telecom Minister A. Raja from the list of star campaigners.

Key Points

  • Star Campaigners:
    • A star campaigner is a celebrity vote seeker in an election for a party. This person can be anyone, a politician or even a film star.
      • There is no law governing who can or cannot be made a star campaigner.
      • They are nominated by the concerned political parties specifying their constituencies and duration of the status.
      • The ECI issues guidelines under the Model Code of Conduct regulating poll campaigns.
    • Numbers of Star Campaigners:
    • Need For Star Campaigners:
      • The ECI keeps a tab on expenditure incurred by individual candidates during campaign - Rs. 70 lakh for most states in one constituency by each candidate.
      • Expenditure incurred on electioneering by the star campaigner is not added to a candidate’s poll expenditure giving him/her more scope for expenditure.
        • However, for an individual candidate to get relief from campaign expenditure, the star campaigner has to limit oneself to general campaigning for the party.
      • According to the Representation of People’s Act, these expenses will be borne by the political parties.
    • Prime Minister as Star Campaigner:
      • The MCC guidelines say when a prime minister or a former prime minister is star campaigner, the expenditure incurred on security including on the bullet-proof vehicles will be borne by the government and will not be added to the election expenses of the party or the individual candidate.
      • However, if another campaigner travels with the prime minister, the individual candidate will have to bear 50% of the expenditure incurred on the security arrangements.
  • Challenge of Delisting from Star Campaigner List:
    • Section 77 of the Representation of the People Act, 1951, which relates to a candidate’s election expenditure, leaves it to the political party itself to decide who its “leaders” are and allows every party to submit a list of such ‘star campaigners’ to the election authorities.
    • As the expenditure on the star campaigners is not included in the expenditure of the candidate concerned, an order of the ECI revoking the star status is actually a withdrawal of the right to campaign without incurring electoral expenditure on the candidates’ account.
  • Model Code of Conduct (MCC):
    • The MCC is a set of guidelines issued by the ECI to regulate political parties and candidates prior to elections.
    • It helps ECI in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
    • Duration of Enforcement:
      • The MCC is operational from the date on which the election schedule is announced until the date of result announcement.
    • Legal Status: MCC is not statutory but Political Parties, Candidates and Polling Agents are expected to observe the norms, on matters ranging from the content of election manifestos, speeches and processions, to general conduct etc.
    • Recommendations Related to MCC:
      • In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding, i.e. MCC shall be made a part of the RPA 1951.
      • In 2015, Law Commission of India (LCI) Report 255 observed that since the MCC comes into operation only from the date on which the ECI announces elections, the government can release advertisements prior to the announcement of elections.
        • The report recommended that a restriction should be imposed on government-sponsored advertisements for up to six months prior to the date of expiry of the House/Assembly.

Source:TH

Governance

Criminalization of Politics

Why in News

According to the National Election Watch (NEW) and Association of Democratic Reforms (ADR), in the Assembly elections in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal, at least 1,157 out of 6,318 candidates have criminal cases against them.

  • NEW is a nationwide campaign since 2002 comprising more than 1200 Non-governmental Organizations (NGOs) and other citizen led organizations working together on electoral reforms, improving democracy and governance in India.
  • ADR is an Indian NGO established in 1999 situated in New Delhi.

Key Points

  • About:
    • The criminalization of politics means the participation of criminals in politics which includes that criminals can contest in the elections and get elected as members of the Parliament and the State legislature. It takes place primarily due to the nexus between politicians and criminals.

Legal Aspect of Disqualification of Criminal Candidates

  • In this regard, Indian Constitution does not specify as to what disqualifies a person from contesting elections for the Parliament, Legislative assembly or any other legislature.
  • The Representation of Peoples Act 1951 mentions the criteria for disqualifying a person for contesting an election of the legislature.
    • Section 8 of the act, i.e. disqualification on conviction for certain offences, according to which an individual punished with a jail term of more than two years cannot stand in an election for six years after the jail term has ended.
    • The law does not bar individuals who have criminal cases pending against them from contesting elections therefore the disqualification of candidates with criminal cases depends on their conviction in these cases.
  • Reasons for Criminalization:
    • Lack of Political Will:
      • In spite of taking appropriate measures to amend the RPA Act, there has been an unsaid understanding among the political parties which deters Parliament to make strong law curbing criminalisation of politics.
    • Lack of Enforcement:
      • Several laws and court judgments have not helped much, due to the lack of enforcement of laws and judgments.
    • Narrow Self-interests:
      • Publishing of the entire criminal history of candidates fielded by political parties may not be very effective, as a major chunk of voters tend to vote through a narrow prism of community interests like caste or religion.
    • Use of Muscle and Money Power:
      • Candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
      • Also, sometimes voters are left with no options, as all competing candidates have criminal records.
  • Effects:
    • Against the Principle of Free and Fair Election:
      • It limits the choice of voters to elect a suitable candidate.
      • It is against the ethos of free and fair election which is the bedrock of a democracy.
    • Affecting Good Governance:
      • The major problem is that the law-breakers become law-makers, this affects the efficacy of the democratic process in delivering good governance.
      • These unhealthy tendencies in the democratic system reflect a poor image of the nature of India’s state institutions and the quality of its elected representatives.
    • Affecting Integrity of Public Servants:
      • It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.
    • Causes Social Disharmony:
      • It introduces a culture of violence in society and sets a bad precedent for the youth to follow and reduces people's faith in democracy as a system of governance.
  • Recent Steps by the Supreme Court to Curb Criminalization of Politics:
    • In February 2020 Supreme Court (SC) ordered the political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections along with the reasons that forced them to field suspected criminals.
    • The SC in Public Interest Foundation vs Union Of India, 2018 had also directed political parties to publish online the pending criminal cases of their candidates.

Way Forward

  • Various committees (Dinesh Goswami, Inderjeet Committee) on the electoral reforms have recommended for state funding of elections which will curb use of black money to a large extent and thereby will have a significant impact on limiting criminalization of politics.
  • Regulating the affairs of a political party is essential for a cleaner electoral process. Therefore, it is imperative to strengthen the election commission.
  • Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
  • Given the reluctance by the political parties to curb criminalisation of politics and its growing detrimental effects on Indian democracy, Indian courts must now seriously consider banning people accused with serious criminal charges from contesting elections.

Source:TH

Biodiversity & Environment

NGT Orders Pollution Control Boards to Increase Capacity

Why in News

Recently, the National Green Tribunal (NGT) directed the Haryana State Pollution Control Board (HSPCB) to strengthen its capacity and the Central Pollution Control Board (CPCB) to form a uniform recruitment criteria.

Key Points

  • Background:
    • The Plea:
    • NGTs Action:
      • The NGT passed an order for the Haryana government to revisit its inspection policy and make it adequate to ensure effective enforcement of law.
    • Haryana's Proposal:
      • The Haryana government, in compliance to the NGT order, proposed a revised policy with increased frequency of inspection, installation of online monitoring devices to capture real-time data and pre-verification of documents before issuing renewal.
  • Current Order:
    • Inspection at higher frequencies.
    • Capacity enhancement of SPCBs/Pollution Control Committees (PCCs) with consent funds.
    • Capacity enhancement of CPCB utilising environment compensation funds.
    • Annual performance audit of state PCBs/PCCs.
    • CPCB to prepare a format containing qualifications, minimum eligibility criteria and required experience for key positions.
  • Significance:
    • In the name of ‘ease of doing business’, powers and authorities of SPCB have been compromised. The latest judgement of NGT is a fresh start to the long-delayed initiative of strengthening CPCB/SPCBs/PCCs.
    • The judgment of NGT could be termed as landmark. The NGT has tried to erase the bottlenecks, which were being used to halt the strengthening of environmental regulation.
    • The important part of the judgement is asking CPCB to come out with standard recruitment rules which can be followed by all states. The existing SPCBs recruitment rules have not been updated for decades.

Note

  • CPCB:
  • SPCB:
    • They supplement the CPCB as they are a statutory organization entrusted to implement Environmental Laws and rules within the jurisdiction of a state.
  • Environment Compensation:
    • Environmental compensation is a policy instrument for the protection of the environment which works on the ‘Polluter Pays Principle’.
  • Environment Compensation Fund:
    • It is a specialised type of fund collected by charging the environmental violations.
      • Example: Illegal discharge in water bodies.

Source:DTE

Economy

Unique Land Parcel Identification Number

Why in News

The Centre plans to issue a 14-digit identification number to every plot of land in the country within a year’s time.

  • The Unique Land Parcel Identification Number (ULPIN) scheme has been launched in 10 States in the year 2021 and will be rolled out across the country by March 2022.

Key Points

  • About:
    • Being described as “the Aadhaar for land", it is a number that would uniquely identify every surveyed parcel of land and prevent land fraud, especially in the hinterlands of rural India, where land records are outdated and often disputed.
    • The identification will be based on the longitude and latitude coordinates of the land parcel, and is dependent on detailed surveys and geo-referenced cadastral maps.
    • This is the next step in the Digital India Land Records Modernisation Programme (DILRMP), which began in 2008.
    • Proper land statistics and land accounting through ULPIN will help develop land banks and lead towards Integrated Land Information Management System (ILIMS).
  • Benefits:
    • Benefits are to ensure uniqueness in all transactions and keep the land records always up-to-date.
    • A link of all property transactions will get established.
    • Delivery of citizen services of land records through the single window.
    • Sharing of land records data across departments, financial institutions and all stakeholders.

Digital India Land Records Modernisation Programme

  • It is a Central Sector scheme that has been extended up to 2020-21 at a total cost of Rs. 950 crores.
  • The Department of Land Resources (Ministry of Rural development) has proposed a further extension to 2023-24, to complete its original targets as well as expand its ambit with a slew of new schemes.
  • It attempts to build upon the commonalities that exist in the arena of land records in various States to develop an appropriate Integrated Land Information Management System (ILIMS) across the country, on which different States can also add State-specific needs as they may deem relevant and appropriate.
    • ILIMS: The system will contain information on parcel ownership, land use, taxation, location boundaries, land value, encumbrances and many more.
  • New initiatives have been taken under the program like the National Generic Document Registration System (NGDRS), ULPIN, linking of revenue court to land records, integration of consent based Aadhar numbers with land records etc.
    • NGDRS: It is aimed at providing one Nation one software for registration of documents & properties to 'empower citizens'.
  • DILRMP's next phase will include linkage of land record databases with banks.
  • This will enhance the service deliveries to the citizens of the country and will also function as inputs to the schemes of the other sectors like Agriculture, Finance, Disaster Management etc.

Source:TH

Governance

ACT-Accelerator

Why in News

Carl Bildt has been appointed as WHO Special Envoy for the Access to Covid-19 Tools Accelerator (ACT-Accelerator).

  • The ACT-Accelerator is a groundbreaking global collaboration to accelerate development, production, and equitable access to Covid-19 tests, treatments and vaccines.

Key Points

  • ACT-Accelerator:
    • It was launched in the month of April, 2020 at an event co-hosted by the Director-General of the World Health Organization (WHO), the President of France, the President of the European Commission, and the Bill & Melinda Gates Foundation.
    • It brings together governments, scientists, businesses, civil society, and philanthropists and global health organizations.
    • It aims to end the pandemic, restore full societal and economic activity globally and facilitate high-level control of Covid-19 disease.
    • The ACT-Accelerator is organized into four pillars of work:
      • Diagnostics, treatment, vaccines and health system strengthening.
      • Each pillar is vital to the overall effort and involves innovation and collaboration.
  • COVAX:
    • COVAX is one of four pillars of the ACT Accelerator.
    • It is an effort to ensure that people in all corners of the world will get access to Covid-19 vaccines, regardless of their wealth.
      • The initial aim is to have 2 billion doses available by the end of 2021, which should be enough to protect high risk and vulnerable people, as well as frontline healthcare workers.
    • It is co-led by Gavi, the Coalition for Epidemic Preparedness Innovations (CEPI) and the World Health Organisation (WHO), working in partnership with vaccine manufacturers of developed and developing countries.
    • India’s Role:
      • India has started shipping Covid-19 vaccines to Africa under the COVAX facility.
      • Earlier, Serum Institute of India (SII) had received funds from Gavi and the Bill and Melinda Gates Foundation to double its supply of Covid-19 vaccines (200 million doses) to India and other poorer countries as part of the Gavi COVAX facility.
  • Significance of ACT-Accelerator:
    • It is a crucial time for ACT-Accelerator when the world is rolling out vaccines against Covid-19, introducing new diagnostics and scaling up life-saving oxygen and corticosteroids for severe disease.
    • It will help in addressing the uneven distribution of vaccines globally and the emergence of new variants of concern.

Corticosteroids

  • Corticosteroids are a class of drug that lowers inflammation in the body. They also reduce immune system activity.
  • Corticosteroids ease swelling, itching, redness, and allergic reactions, thus used in the treatment of diseases like asthma, arthritis, lupus, allergies etc.
  • Corticosteroids resemble cortisol, a hormone naturally produced by the body’s adrenal glands. The body needs cortisol to stay healthy.
    • Cortisol is a major player in a wide range of processes in the body, including metabolism, immune response, and stress.

Source: DTE

Indian Heritage & Culture

Shivakumara Swamigalu

Why in News

Recently, the Prime Minister paid tribute to Shivakumara Swamigalu (Swami ji) on his Jayanti.

  • Shivakumara Swamiji was a prominent Lingayat scholar, educator and a spiritual leader.

Key Points

  • Birth:
    • He was born in the village of Veerapura, Ramanagara District, Karnataka on 1st April, 1907.
  • Early Life:
    • He was his parent’s thirteenth child and was named Shivanna at birth.
      • His interest in religion began in his childhood when he accompanied his parents to religious centers.
    • After completing his elementary education in the village he was born in, he moved to Nagavalli to complete his middle school.
      • Simultaneously, he also became a resident student at Siddaganga Math for a brief period.
      • Sree Siddaganga Math is an ancient ashram fostering a continuous line of illustrious "Shiva Yogi Siddapurushas". The Math was established by Sree Gosala Siddeshwara Swamiji in 15th century A.D.
        • The Math is situated at a distance of 63 Km from Bangalore (Karnataka).
    • In 1930, he earned a bachelor’s degree in arts from the Central College in Bangalore. He was proficient in English, Kannada, and Sanskrit.
    • In 1965, he was awarded an honorary Doctor of Literature degree by Karnataka University.
  • About:
    • He was a Lingayat religious figure and head of the Siddaganga Matha in Karnataka. He was described as the most esteemed adherent of Lingayatism.
      • He entered the monk’s order or viraktashram at Siddaganga Math on 3rd March, 1930.
    • He was known as ''Nadedaaduva Devaru'' or the ''Walking God'' among his followers.
    • He was considered as the incarnation of Basaveshwara, the 12th century social reformer, as he accepted all irrespective of their religion or caste.
  • Social Work:
    • He had founded 132 institutions for education and training.
      • Here, the children are provided free shelter, food, and education.
      • Visitors and pilgrims coming to the Math also receive free food.
    • He founded Sri Siddaganga Education Society.
    • Under the swami’s guidance, an agricultural fair was also held annually to help the local people.
  • Awards:
    • In 2007, he was awarded the Karnataka Ratna (highest civilian award in Karnataka).
    • In 2015, he was awarded the Padma Bhushan (the third highest civilian award in India).
  • Death:
    • He was almost 112 years old when he passed away on 21st January 2019 as a result of multiple infections.

Lingayats

  • The term Lingayat denotes a person who wears a personal linga, the aniconic form of god Shiva, on the body, which is received during the initiation ceremony.
  • Lingayats are the followers of the 12th-century social reformer-philosopher poet, Basaveshwara.
    • Basaveshwara was against the caste system and Vedic rituals.
  • The Lingayats are strict monotheists. They enjoin the worship of only one God, namely, Linga (Shiva).
  • The word ‘Linga’ does not mean Linga established in temples, but universal consciousness qualified by the universal energy (Shakti).
  • The Veerashaivas sect of the community also worships Shiva idols and practises other Hindu customs.

Source: PIB

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