UPSC-CSE MAINS 2018-19 SELECT SOCIAL_POLITICAL ISSUES FOR ESSAY & SOCIAL ISSUES

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Table of Contents

Issues Regarding Special Category Status Regarding Entry of Women into Religious Shrines Regarding Office of Profit Regarding Paid News Regarding NEET Regarding Anti-Defection Law Regarding National Register of Citizens Regarding VIP Culture in India Regarding Poor Implementation of Schemes in India Regarding Parliamentary Privileges Regarding Politicisation Of Governor’s Post Regarding Lobbying in India Regarding Corporate Funding to Political Parties Regarding Distribution of Freebies Demand for Smaller States in India Plea for Prohibiting Candidates from Contesting More Than One Constituency Issues Surrounding the Right to Information Bill 2018

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SELECT SOCIAL_POLITICAL ISSUES FOR ESSAY & SOCIAL ISSUES UPSC- CSE MAINS 2018

ISSUES

REGARDING SPECIAL CATEGORY STATUS

Introduction .The Constitution does not include any provision for categorization of any State in India as a Special Category Status (SCS) State. But, recognizing that some regions in the country were historically disadvantaged in contrast to others, Central plan assistance to SCS States has been granted in the past by the erstwhile Planning Commission body, National Development Council (NDC). .The NDC granted this status based on a number of features of the States which included: hilly and difficult terrain, low population density or the presence of sizeable tribal population, strategic location along international borders, economic and infrastructural backwardness and non-viable nature of State finances. .The NDC first accorded SCS in 1969 to Jammu and Kashmir, Assam and Nagaland. Over the years, eight more states were added to the list — Arunachal Pradesh, Himachal Pradesh, Manipur, Meghalaya, Mizoram, Sikkim, Tripura and, finally, in 2010, Uttarakhand. Until 2014-15, SCS meant these 11 states received a variety of benefits and sops.

Assistance given to SCS states .The SCS States used to receive block grants based on the Gadgil-Mukherjee formula, which effectively allowed for nearly 30 per cent of the Total Central Assistance to be transferred to SCS States as late as 2009-10. .Following the constitution of the NITI Aayog (after the dissolution of the Planning Commission) and the recommendations of the Fourteenth Finance Commission (FFC), Central plan assistance to SCS States has been subsumed in an increased devolution of the divisible pool to all States (from 32% in the 13th FC recommendations to 42%) and do not any longer appear in plan expenditure. .The FFC also recommended variables such as “forest cover” to be included in devolution, with a weightage of 7.5 in the criteria and which could benefit north-eastern States that were previously given SCS assistance. Besides, assistance to Centrally Sponsored Schemes for SCS States was given with 90% Central share and 10% State share.

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States seeking SCS status .Apart from Andhra Pradesh which is in the news lately, Bihar and Odisha had recently demanded SCS status but they have not been granted the same as they did not meet the criteria.

Basis of Andhra Pradesh’s claim for SCS status .Following the bifurcation of A.P., Andhra lost a large volume of its revenue due to Hyderabad remaining the capital of Telangana. .In a debate in the Rajya Sabha on the A.P. Reorganization Act on February 20, 2014, then Prime Minister Manmohan Singh had said that SCS would be “extended to the Successor State of Andhra Pradesh ... for a period of five years.” .This oral submission by the then PM has been the basis for A.P.’s claim to the status.

Centre’s response .In a reply to a TDP MP’s question in Parliament on this claim, then Minister of State for Finance Jayant Sinha had said in April 2016 that the Centre had no proposal to modify the criteria for SCS status. And that the increased devolution as recommended by the FFC (which included revenue deficit grants following the bifurcation) is already flowing to the State. .However, the Centre has agreed to give “special assistance” to AP for five years, which would make up for the additional central share the state might have received during these years — 2015-16 to 2019- 20, as envisaged by Singh’s 2014 statement. This will be in the form of Union funding for externally aided projects [EAPs] that have been signed and disbursed during these years. .AP is demanding that special assistance funding should be in the 90:10 ratio (Centre: state) for both EAPs and centrally-sponsored schemes — which adds up to about Rs 20,010 crore of central assistance. Because the state government may not be able to spend this amount on EAPs in the stipulated five years, AP is demanding that the Centre allow it to use the money to clear outstanding loans. It is seeking permission to borrow from internal lenders like NABARD, HUDCO and other commercial banks, and to use the gap to pay interest commitments to the Government of India, NABARD and EAPs. .The Centre is also willing to accept the state government’s suggestion of raising funds through NABARD. At meetings with the state government last month, the Centre suggested creation of a special purpose vehicle (SPV) where NABARD could give the money so as not to upset the fiscal deficit of the state, The Union Finance Minister said, adding that the Andhra Pradesh government is yet to come back on the modalities of this proposal. On meeting the revenue deficit of the state, Union Finance minister said, the Centre has already paid around Rs 4,000 crore and only Rs 138 crore remain.

REGARDING ENTRY OF WOMEN INTO RELIGIOUS SHRINES  .India is a country where the society is male dominated to a large extent and still today women are blamed, banned and restricted to have their basic fundamental right "Freedom". .Even though our country got freedom in 1947 the pre-independence culture is not completely washed- out from our democratic system. .Our culture that we worship mother, sister, Goddess Durga and her all other forms but out saintly divide our gods and their power with gender discrimination. No one is ready to take stand against such discrimination and dominance behaviour of the society. Unless we stop treating women as second grade citizens, India as a country will never grow and develop.

Recent issues Most arguments against the entry of women in temples and other places of worship hinge on issues of celibacy and menstruation. Some of the recent issues related to this are as follows 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 3

 .Sabarimala Temple Issue o Kerala’s Sabarimala temple in south-central Pathanamthitta district is a famous hill-shrine that doesn’t traditionally permit the entry of women of menstruating age. The reason being the deity, Lord Ayyappa, is believed to be a Naishtika Brahmachari who follows a celibate life. o In the past three decades, this custom has evoked random resistance and protest from various segments of society and triggered a long legal wrangle. o In the recent hearing, the Supreme Court said women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against. .Haji Ali Dargah Issue  o The Haji Ali Dargah is governed by the Haji Ali Dargah Trust which is a public charitable trust registered under the Maharashtra Public Trust Act. The trustees of the Dargah had decided to deny women access to the grave in 2011, calling the practice un-Islamic. o It had stated that it was rectifying its earlier mistake of allowing women to touch the actual grave. o Recently, the court pitched in favour of Bharatiya Muslim Mahila Andolan (BMMA), ruling Haji Ali shine's trust to allow women to enter shrine's mazaar. .Shani Shingnapur temple  o Shani Dev is one of the Navgraha devtas for Hindu people. The Shani temples are considered as a home without doors that has no restrictions for his followers and visitors to his temple. o While Shani Dev is worshipped on Saturdays with mustard oil, there is a distinct legend that suggests that only men are allowed to put oil on Shani Dev in the temples.The oil can be put only by men as the effect of Shani Dev’s wrath is considered to be less on women. o It is believed that since women are not affected by Shani Dev’s effect, they need not get close to the Shani idols to pour oil. It may expose them to the bad effects of Shani Devtas. o After HC directive in 2016, Shani Shingnapur trustees lifted ban on woman from entering the sanctum sanctorum and allowed performance of pooja by them. Constitutional provisions related to the issue .Constitution guarantees equality under Article 14 and provides against discrimination on the basis of sex by the State under Article 15 .Interesting to note that ‘Place of worship’ is not included under Article 15. But that it at the time of independence almost 70 years ago. .Article 25 provides for freedom of religion to all citizens and Article 25(2)(b) allows for state interference for throwing open Hindu temples to all classes and sections. Though historically this was keeping in mind the ‘untouchables’, women can also be considered as a class.

Solutions .Role of the religious organisations plays an important role in solving these issues such that religious and traditional values must be synchronised with modern values. .Gender equity must be encouraged in a larger scale. .Age old traditions and rituals cannot be changed by force and should be changed by changing mindset in a time bound manner. .But it is important to uphold the constitution and work towards equality of women.

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REGARDING OFFICE OF PROFIT Concept of office of profit .It is a position in the government which cannot be held by an MLA or an MP. The post can yield salaries, perquisites and other benefits. .The origin of this term can be found in the English Act of Settlement, 1701. Under this law, "no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons."  .This was instituted so that there wouldn't be any undue influence from the royal household in administrative affairs. Constitutional provisions with respect to office of profit .According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit as it can put them in a position to gain a financial benefit. "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament, (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder," says the law. .Under the Representation of People Act too, holding an office of profit is grounds for disqualification. Recent issues: .The Election Commission recommended the disqualification of 20 Aam Aadmi Party (AAP) MLAs from Delhi, citing that they held offices of profit. In 2016, the EC had issued show cause notices to 27 AAP MLAs who held offices as parliamentary secretaries, after a petition was filed seeking their disqualification. .‘Office of profit’ is not defined in the Constitution. However, in past judgments, the Election Commission has noted “what constitutes an office of profit under the Government is now well established by a series of judgments of the Supreme Court.”

Five tests have been laid down to find out whether a certain office qualifies to be an office of profit, .Whether the government makes the appointment .Whether the government has the right to remove or dismiss the holder .Whether the government pays remuneration .What the functions of the holder are? .Does the government exercise any control over the performance of these functions?

Arguments from Delhi Government .The Delhi government argues that as Parliamentary Secretaries are not eligible for any remuneration or perks from the government the post should be exempt from the office of profit. EC noted that the Supreme Court, in various cases has held that all the five tests “need not co-exist conjointly for determining whether an office is an office of profit under the government.” .Hence, the fact that no remuneration is being provided to Parliamentary Secretaries may not be a sufficient argument to exempt the post from being considered an ‘office of profit’, as the party argues. But the judicial decisions vary depending on the facts of each case and no generalizations can be made. EC has issued notices to the 21 MLAs asking them to explain why their assembly membership should not be cancelled. Office of profit – 2ndARC recommendations 2ndARC recommended that, The Law should be amended to define office of profit based on the following principles: .All offices in purely advisory bodies where the experience, insights and expertise of a legislator would be inputs in governmental policy shall not be treated as offices of profit, irrespective of the remuneration and perks associated with such an office. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 5

.All offices involving executive decision making and control of public funds, including positions on the governing boards of public undertakings and statutory and non-statutory authorities directly deciding policy or managing institutions or authorizing or approving expenditure shall be treated as offices of profit, and no legislator shall hold such offices. .If a serving Minister, by virtue of office, is a member or head of certain organizations like the Planning Commission, where close coordination and integration between the Council of Ministers and the organization or authority or committee is vital for the day-to-day functioning of government, it shall not be treated as office of profit.

Conclusion .Members of Parliament and Members of State Legislatures should be declared as ‘Public Authorities’ under the Right to Information Act, except when they are discharging legislative functions.

REGARDING PAID NEWS Concept: .The Election Commission has accepted a definition of paid news that the Press Council of India came up with in 2010. .According to the Press Council’s report, paid news is “any news or analysis appearing in any media (print & electronic) for a price in cash or kind as consideration. It was a “complex phenomenon” that had “acquired different forms over the last six decades”, the Council said, ranging from “accepting gifts on various occasions, foreign and domestic junkets, various monetary and non-monetary benefits, besides direct payment of money”. .It mentioned that private treaties signed between media companies and corporate entities could also be part of the phenomenon.

Election Commission’s Findings and Recommendations: .The EC feels that paid news, as defined by the Press Council, “plays a very vitiating role in the context of free and fair elections” since electors attach greater values and trust news reports more compared to clearly specified advertisements. .“Paid news is masquerading as news and publishes advertisements in the garb of news items, totally misleading the electors. To make matters worse, the whole exercise involves use of unaccounted money and underreporting of election expenses in the accounts of election expenses of the candidate…” .Of the 22 states in which Assembly elections were held between 2010 and 2013, Madhya Pradesh was in the top three for the highest number of cases of alleged paid news. 279 notices were issued in the state in 2013, and 165 were confirmed, as per EC data from 2014. States with larger numbers of cases of alleged paid news were Punjab and Gujarat, both of which voted in 2012. In Punjab, 339 notices were issued; 523 cases were confirmed. In Gujarat 495 notices were issued; 414 cases confirmed. .In February 2011, the EC wrote to the Law Ministry proposing to amend the Representation of the People Act, 1951, (RPA) to include “paid news” in electoral offences with a minimum two-year jail term for publishing or abetting the publishing of paid news. Recommendations of Law Commission: .The EC’s views found resonance in the report of the Law Commission of India on electoral reforms, which was submitted in March 2015. .The report recommended that RPA should be amended to regulate paid news and political advertisements. .It stated that definitions of “paying for news”, “receiving payment for news” and “political advertisement” should be included in the section of the RPA which includes disqualification of a candidate convicted of the mentioned offences. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 6

.The offence of “paying for news” or “receiving payment for news” in a newly inserted section in the RPA, the Commission said, would make it penal, and “stringent punishment will ensure that if the candidates themselves are found guilty. .It has also been argued, however, that the identification and penalization of “paid news” is a slippery slope and can, under certain circumstances, be used to muzzle genuine political analyses in the media.

Recent issues: .The Election Commission of India found 42 cases of “paid news” that contributed to Narottam Mishra’s victory in the 2008 Assembly elections in Madhya Pradesh. But there is no law to proscribe or regulate what the Commission called “the menace of paid news” in the country. In the absence of specific laws, the EC decided that Mishra had misrepresented his campaign expenses, and was disqualified on those grounds.

Disadvantages: .Paid news on politicians and political parties subvert one of the most fundamental of democratic ideals: the purity of the vote. .The autonomy of the media is meant to facilitate greater accountability of public personalities and reduce corruption. But when the media itself indulges in corrupt practices, especially during election campaigns, it seriously undermines the processes and structures that are meant to uphold and strengthen democracy.

REGARDING NEET  .The National Eligibility cum Entrance Test or NEET-UG is an entrance examination, for students who wish to study graduate medical course (MBBS) and dental course (BDS) in government or private medical colleges and dental colleges respectively. .NEET-UG (Undergraduate), for MBBS and BDS courses, is currently conducted by the Central Board of Secondary Education (CBSE) which also conducts NEET-SS in partnership with Prometric Testing Pvt Ltd headquartered in the USA. NEET-UG replaced the All India Pre Medical Test (AIPMT) and all individual MBBS exams conducted by states or colleges themselves in 2013. Issues .In 2012 NEET was made applicable and in 2013 exams were conducted. .However, in July 2013, SC held that NEET is unconstitutional and MCI cannot decide the way admissions are done. .In April 2016, 5 judge bench of SC over turned the decision and said NEET to be made applicable immediately for admission for Academic year 2016-17. .Government made NEET mandatory from 2017.

Arguments for NEET .Students need to appear for just one medical entrance exam instead of a bunch of entrances (which is the current situation). .A common syllabus for all medical aspirants across India. .A single All India Rank will be declared by the conducting authorities.  .Students may be able to take admission to any medical college across the country, irrespective of their domicile state. .Common test, ensures deserving candidates are admitted as number of medical seats are very less. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 7

.Avoids unscrupulous practices of private medical colleges which are run by powerful industrialists/politicians. Arguments against NEET: A number of states are opposed to the NEET. Here are the reasons: .Syllabus: Currently, the syllabus for medical entrance tests at the state-level is different from that of the NEET (or AIPMT/AIIMS) syllabus. Many state-based aspirants appearing for current session are unfamiliar with the NEET syllabus. .Difficulty-level: The level of NEET examination is completely different from that of state-based medical exams. Many candidates allege that NEET is more difficult than state-level exams. .Favours urban students with access to training facilities more than rural students.

Steps taken to resolve the issues: .HRD minister Prakash Javadekar announced that a newly formed National Testing Agency (NTA) will now conduct the national-level examinations — NET, NEET, JEE (Mains). These exams were till now conducted by the CBSE.Along with this several changes in exam pattern has been announced. .Twice a year: NEET, which was earlier, held once a year will now be conducted twice a year from 2019, in February and April. .Can NEET aspirants appear in both the tests: Students can appear both the times in NEET and the best of the two scores would be taken in account for admission. .According to reports, the new exam body will take into consideration the variation in difficulty levels in the two tests by using specialised standardisation techniques while determining the final score. .Test to be computer-based: All exams conducted by the NTA will be computer-based. NTA will soon announce a list of its computer centres. From August-end, students can go to these centres to practice for the exams. National Testing Agency .NTA will be established as a Society registered under the Indian Societies Registration Act, 1860. .The NTA would work as an autonomous and self-sustained premier testing organisation to conduct entrance examinations for higher educational institutions. .It will be chaired by an educationist appointed by Human Resource Development Ministry. .To serve the requirements of the rural students, NTA would locate the centres at sub-district/district level and as far as possible would undertake hands-on training exercise for the students. .The NTA will be given a one-time grant of Rs 250 million (Rs 25 crore) from the government to start its operation in the first year and thereafter, it will be financially self-sustainable.

REGARDING ANTI-DEFECTION LAW Introduction .The Tenth Schedule popularly known as the Anti-Defection Act was included in the Constitution in 1985 by the Rajiv Gandhi ministry and sets the provisions for disqualification of elected members on the grounds of defection to another political party.The law was added via the 52nd Amendment Act, 1985.

Grounds for disqualification under the Anti-Defection Law's Articles 102 (2) and 191 (2): .If an elected member voluntarily gives up his membership of a political party; .If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission. As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorised person within 15 days of such incident. .The following, however, will not be considered defections - 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 8 o If a complete political party merges with another political party. o If a new political party is created by the elected members of one party. o If the party members don't accept the merger between the two parties and opts to perform as a separate group from the time of such a merger. Speaker or the chairman of the house is the authority to decide on defection cases.

Loopholes in the Anti-Defection law, 1985 .As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was considered a 'merger'. Such defections were not actionable against. .The Dinesh Goswami Committee on Electoral Reforms, the Law Commission in its report on "Reform of Electoral Laws" and the National Commission to Review the Working of the Constitution (NCRWC) all recommended the deletion of the Tenth Schedule provision regarding exemption from disqualification in case of a split.

Steps taken to remove the loopholes .To remove the loopholes the 91st amendment act was passed in 2003. The 91st Constitutional Amendment Act, 2003, changed this. So now at least two-thirds of the members of a party have to be in favour of a "merger" for it to have validity in the eyes of the law. .“The merger of the original political party or a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger," states the Tenth Schedule. Recent issues: .In an important observation during night-long hearing on the Congress-JD(S) petition with respect to Government formation post Karnataka assembly elections, the Supreme Court said it would be preposterous to argue that MLAs, prior to taking oath in Assembly, would not face the anti-defection law if they defied their party whip. .This was the response from the bench of Justices A K Sikri, S A Bobde and Ashok Bhushan when attorney general K K Venugopal argued that the SC must not enter the political thicket of who gets invited to form government, which MLA extends support to which party during a floor test, and that it was a grey area whether an MLA prior to taking oath was amenable to disqualification under the anti- defection law (Tenth Schedule of the Constitution). .The bench said: “It is preposterous to argue that before the MLAs take oath they are not amenable to anti-defection law. This means it would be an open invitation for anyone to indulge in horse trading prior to MLAs taking oath.”

REGARDING NATIONAL REGISTER OF CITIZENS  .The National Register of Citizens, or NRC, is the list of Indian citizens in Assam. It is being updated to weed out illegal immigration from Bangladesh and neighbouring regions.

Introduction .In the 19th& 20th century, Colonial Assam (1826–1947) witnessed migration from various provinces of British India especially after the Yandabo treaty (signed on 24th February 1826). The liberal attitude of the Colonial authorities further encouraged the continuous arrival of peasants from Bengal to Assam in search of fertile lands. .Post partition too, the matter of influx didn’t die down. Considering the seriousness of the matter concerning the persistent influx of illegal migrants, the Government of India went on to formulate the

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Immigrants (Expulsion from Assam) Act, 1950. This act which came into effect from 1st March 1950 mandated expulsion of illegal immigrants from the state of Assam.  .To identify illegal immigrants, the National Register of Citizens was prepared for the first time in Assam during the conduct of 1951 Census. It was carried out under a directive of the Ministry of Home Affairs (MHA) by recording particulars of every single person enumerated during that Census. .However, this measure against illegal migrants too suffered a major setback due to the fact that only from October 1952 onwards the regulations of passport and visa became operational between India and Pakistan. Further, “the definition of a foreigner to cover a Pakistan national was only clearly spelt out with the amendment of the Foreigners Act 1946 in 1957” .Meanwhile the issue of illegal infiltration was becoming formidable in the state of Assam. The Registrar General of Census in his report on 1961 Census assessed 2,20, 691 infiltrants to have entered Assam. .In the year 1965 the government of India took up with the government of Assam to expedite completion of National Register of Citizens and to issue National Identity Card on the basis of this register to Indian citizens towards identification of illegal immigrants. But in 1966 the Central Government dropped the proposal to issue identity cards in consultation with the Government of Assam, having found the project impracticable. .Between 1948 and 1971, there were large scale migrations from Bangladesh (then East Pakistan) to Assam. Given this continuing influx of illegal migrants from Bangladesh into Assam, student leaders in 1979 came out in fierce protest demanding detention, disenfranchisement and deportation of illegal immigrants from Assam. .The historic movement which came to be known as Assam Agitation or Assam Movement was initiated by All Assam Students’ Union (AASU) and All Assam Gana Sangram Parishad (AAGSP) and lasted a span of 6 years.Reportedly considered by various intellectual and media forums as one of the largest mass movement led by students’ union, the six-year-long agitation left behind thousands of bleeding hearts, empty wombs, and bloodstained fields. .The movement, however, culminated in the signing of the landmark Memorandum of Settlement (MoS) - the Assam Accord. It was signed by All Assam Students’ Union (AASU), Central and State Governments on August 15, 1985, at the behest of then Prime Minister Rajiv Gandhi in New Delhi.

Assam Accord: .The Accord ended the agitation and it brought along a number of clauses that were to be implemented to curb the illegal immigration issue. .As per the Assam Accord, 1st January, 1966 was determined to be the precise date based on which the detention and deletion of illegal immigrants from Assam will take place. .It allowed citizenship for all persons coming to Assam from “Specified Territory” before the cut-off date. It further specifies that all persons who came to Assam prior to 1st January 1966 (inclusive) and up to 24th March 1971 (midnight) shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1939. .Name of foreigners so detected will be deleted from the Electoral Rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939. Foreigners who came to Assam on or after 25th March 1971 shall continue to be detected, deleted and expelled in accordance with law.

Supreme Court directives: .However, even after the Accord was put in place and signed, the process of detecting and expelling immigrants never really officially took place. But ultimately it was taken up at the behest of the Hon’ble

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Supreme Court’s order following two writ petitions by Assam Public Works and Assam Sanmilita Mahasangha & Ors. .Hon’ble Supreme Court in 2013, directed the Union Government and the State Government to complete the update of NRC, to be implemented in adherence to Citizenship Act, 1955 and The Citizenship Rules, 2003, in all parts of Assam with the objective to rule out immigrants from the state. Pursuant to the directive of the Hon’ble Court, the Registrar General of India notified commencing of NRC. .The Honourable Supreme Court is closely monitoring the process and has been holding hearings since the implementation of the project in the state in the year 2015. To make the process of NRC update smooth, the Honourable Supreme Court in its order dated 21st July 2015 passed the following directions: .We make it clear that complaints with regard to any obstruction in the matter of preparation/update of NRC by any person or authority may first be brought to the notice of the Court appointed Committee and the said Committee, upon due enquiry, will submit necessary report to the Registry of this Court where after the same will be brought to notice of the Bench. .We expect all authorities to act faithfully and diligently to carry out their assigned tasks to ensure smooth preparation of NRC and publication thereof within the schedule fixed by us. This is in reiteration of the mandate contained in Article 144 of the Constitution of India. It is not necessary for us to emphasise that any person found to be creating any obstruction or hindrance, in any manner, in the preparation of the NRC would be subjected to such orders as this Court would pass in such eventualities. NRC: The National Register of Citizens (NRC) is the list of Indian citizens of Assam. It was prepared in 1951, following the census of 1951. For a person’s name to be included in the updated NRC list of 2018, he/ she will have to furnish: .Existence of name in the legacy data: The legacy data is the collective list of the NRC data of 1951 and the electoral rolls up to midnight of 24 March 1971. .Proving linkage with the person whose name appears in the legacy data.

NRC Verification Process: .The process of NRC update was taken up in Assam as per a Supreme Court order in 2013. In order to wean out cases of illegal migration from Bangladesh and other adjoining areas, NRC updation was carried out under The Citizenship Act, 1955, and according to rules framed in the Assam Accord. .The updating process started in May 2015 and ended on 31 August 2015. A total of 3.29 crore people applied through 68.31 lakh applications. The process of verification involved house-to-house field verification, determination of authenticity of documents, family tree investigations in order to rule out bogus claims of parenthood and linkages and separate hearings for married women.

Outcome of NRC survey: .Out of the 40.07 lakh applicants who have been left out of the final draft NRC ,2.48 lakh applicants have been kept on hold including the D-Voters (doubtful voters who have been disenfranchised on account of failure to prove citizenship), descendants of D-voters and persons whose cases are pending before the foreigners’ tribunal. .The state however, has not revealed the reason for keeping others on hold.

Way forward: .The process of filing claims and objections will start on 30 August 2018, during which people whose names have been left out of the NRC Assam, can once again appeal to have their case reconsidered. Those left out are not yet being labelled as “foreigners” or being sent to detention centres. .However, only those applicants who had submitted their applications in 2015 will be considered.

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REGARDING VIP CULTURE IN INDIA  .In April 2017, the Union Cabinet decided to amend the Motor Vehicle Rules to end the use of red or any coloured beacon by all, including the President, Vice President and the Prime Minister. .The Union Cabinet decided to do away with beacons of all kinds atop all categories of vehicles in the country. The government is of the considered opinion that beacons on vehicles are perceived symbols of VIP Culture, and have no place in a democratic country. .They have no relevance whatsoever. Beacons, however, will be allowedon vehicles concerned with emergency and relief services, ambulance, fire service etc. In the light of this decision the Ministry of Road Transport & Highways will make necessary provisions in the law. The supreme court ruling The government has taken forward a Supreme Court ruling of December 2013. It had sought to restrict the use of red beacons even with an amendment in the relevant law(Central Motor Vehicles (Amendment) Rules, 1989). Need for the curb in vip culture  The red lights symbolize power and a stark differentiation between those who are allowed to use it and the ones who are not  If the instinct of power is concentrated in few individuals, then naked greed for power will destroy the basics of democratic principles  The widespread use of red lights on government vehicles in the country is reflective of the mentality of those who served British Government in India and threatened the natives as slaves  This VIP culture will influence the organisations such as schools, colleges, hospitals, etc., which will affect the common man who is actually in need Benefits of the new rules  The access or the privileges that come with the VIP tag would soon be gone and each Indian would have opportunities on par  The poor will not be deprived of good education for his child because of some VIP quota snatched away his ward’s admission to good schools funded by government .A patient from remote hamlet will get treatment for a rare heart problem and not be sent away because some people with influence are to be given preference at public health facilities.

Way forward .Doing away with status symbols such as red beacons is not enough. This accessory is just one category among privileges that maintain a colonial-era overhang on the country’s democracy, by publicly enforcing a subject-ruler separation. .From pat-downs avoided at the security gate at an airport to a free pass at the toll-gate on a highway, there are numerous ways in which the culture of entitlement is asserted. .Such visible remainders of a feudal separation apart, the power of official proximity is experienced by citizens most intimately while accessing government services – from getting bed at state hospitals, or a seat for one’s child in school, to cutting the waiting time in a passport office or for an Aadhaar identity proof. .We can take pride in the fact that it is the Prime Minister who has himself promised: “Every Indian is special. Every Indian is a VIP.” Let us hope that this step will bring an end to the clout that red beacon symbolized.

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REGARDING POOR IMPLEMENTATION OF SCHEMES IN INDIA  .Indian government’s intention to aid the citizens and their upliftment is clear, but it fails at the implementation part. .A country where farmers still commit suicide, lack of quality education, unutilized demographic dividend and various menace of Indian society – tells a disappointing story that despite the presence of development schemes, India is far behind in creating a harmonious and prosperous society.

Reasons .Inefficiency of Government o The government seems well prepared in the planning part but when it comes to the execution part, it falls far from the expectation. o Agriculture which provides employment to 55% population in India and has been a constant focus of every government formed in the centre – it still lags behind Chinese agricultural production. .Problems Pertaining to Infrastructure Availability .Improper Planning and Coordination .Lack of financial resources .Occupational Problems .Lack of Human Resource and Skills .Problems in Implementation of Development Works under Different Schemes .Political Intervention .Corruption .Field Level Monitoring .Beneficiary verification .Caste and gender discrimination .Grievance redressal mechanism

Possible solutions .Proper Governance Model .Pragmatic approach .Principle of subsidiarity .Better coordination among centre and state governments .Supervision with transparency .Social audit .E-Governance .Removing the small schemes to better focus on larger schemes can improve the administrators in executing .At last, there is a need of better coordination among private entities, community, civil society, NGOs and government in designing a public policy in order to improve the transparency, quality and effectiveness of a policy or scheme

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REGARDING PARLIAMENTARY PRIVILEGES Introduction: .Parliaments perform important functions as democratic institutions, which broadly fit into three main areas; representation, legislation and overseeing of executive government. To achieve these objectives and keep the executive accountable and transparent, parliaments possess certain privileges, powers and immunities. .The term ‘parliamentary privilege’ refers to the powers, privileges and immunities enjoyed by Houses of Parliament and their members in the performance of their duties. “These privileges are an exception to ordinary law and are intended to allow parliamentarians to perform their duties without fear of intimidation or punishment, and without impediment.” In spite of this, parliamentary privilege is the privilege of the Houses of Parliament “as a whole and not simply of the individual member”. .Parliamentary privilege is an essential part of our parliamentary democracy. It ensures that members of parliament are able to speak freely in debates, and protects parliament’s internal affairs from interference from the courts.

Constitutional provisions: In India, Union Parliament and State Legislatures cannot claim to have own inherent powers or privileges independent of the Constitution itself. .Article 105 of the Constitution stipulates the powers, privileges and immunities of the Union Parliament and members of the Union Parliament. .Article 194 of the Constitution provides for powers, privileges and immunities of State Legislatures and members of Legislative Assemblies in terms identical to Article 105. .Clause 1 of Articles 105 and 194 confers to members of Parliament and members of Legislative Assemblies the ‘freedom of speech’ in the respective Houses which has been granted to them independently of the ‘freedom of speech’ enjoyed by all citizens of India under Article 19(1)(a) of the Constitution. .However, the freedom of speech under Articles 105 and 194 is not absolute but to the subjection of “other provisions of the Constitution” and “the rules and standing orders regulating the procedure of the House”.

Privileges given to legislators: Freedom from arrest: .The members enjoy freedom from arrest in any civil case 40 days before and after the adjournment of the house and also when the house is in session. No member can be arrested from the limits of the parliament without the permission of the house to which he/she belongs so that there is no hindrance in performing their duties. .If the detention of any members of the parliament is made, the chairman or the speaker should be informed by the concerned authority, the reason for the arrest. But, a member can be arrested outside the limits of the house on criminal charges against him under The Preventive Detention act, The Essential Services Maintenance Act (ESMA), The National Security Act (NSA) or any such act.

Freedom from appearing as a witness: .The members of the parliament enjoy special privileges and are exempted from attending court as a witness. They are given complete liberty to attend the house and perform their duties without any interference from the court.

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The right to punish members and outsiders for breach of its privileges: .The Indian Parliament has the power to punish any person whether strangers or any member of the house for any breach or contempt of the house. When any breach is committed by the member of the house, he/she is expelled from the house. .This right has been defined as ‘keystone of parliamentary privilege’ because, without this power, the house can suffer contempt and breach and is very necessary to safeguard its authority and discharge its functions. This power has also been upheld by the judiciary in most of the cases. The house can put in custody any person or member for contempt till the period the house is in session.

Recent issues: .In a recent judgment by the Supreme Court judges in the case of Algaapural R. Mohanraj v Tamil Nadu Legislative Assembly, it was held that the principle of the natural justice cannot be violated by the privilege committee. On 19-02-2015, some members of the Tamil Nadu Legislative Assembly were suspended on the ground of unruly conduct. In furtherance of this, a privilege committee was formed to inquire about the conduct of the members and further proceedings related to breach of privilege. It was found and recommended by the take necessary action against six members for the breach of privilege. .By a resolution dated 31-03-2015, the members were suspended for a period of ten days for the next session. Further it was extended to cutting of their salaries and giving any other benefit till the suspension period. A writ petition was filed by the members in the Supreme Court under Article 32 of the Constitution. .The contention was raised by the petitioners that their fundamental rights under Article 19(1)(a), 19(1)(g), 14 and 21 of the Constitution have been violated by the said resolution. .The court rejected the contention of the petitioners that the resolution violated Article 19(1)(a) and 19(1)(g). It further accepted the contention that the rights were violated under Article 14 of the Constitution. The court observed that the video recording which showed the act of the members amounting to the breach was not presented before the petitioners. If it would have been presented then they might had the chance to explain their conduct. It was further directed by the court to restore the salary and other benefits of the petitioner.

Conclusion: .The privileges are conferred on the members for smooth functioning of the parliament. But, these rights should always be in conformity with the fundamental right because they are our representatives and work for our welfare. .If the privileges are not in accordance with the fundamental rights then the very essence of democracy for the protection of the rights of the citizen will be lost. It is the duty of the parliament not to violate any other rights which are guaranteed by the constitution. .The members should also use their privileges wisely and not misuse them. They should always keep in mind that the powers do not make them corrupt. The parliament cannot adopt every privilege that is present in the house of commons but should adopt only those privileges which accordingly suits our Indian democracy.

REGARDING POLITICISATION OF GOVERNOR’S POST Introduction: .The role of the Governor as the head of the State is very important. The Governor of a State plays a multifaceted role. In the normal circumstances, he acts as a vital link between the Central and the State Government. Under the Constitution, Governor is expected to play a double role, as the head of the State and as the representative of the Centre. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 1 5

.The Central Government has been kept strong in the Indian federal set up by providing more powers under the Constitution. Moreover, the procedure of appointment and the removal of the Governor, also make the Centre strong because his term of office is not secure and he acts only on the directions of the Centre.

Constitutional provisions: Few important Constitutional provisions with respect to office of Governor are as follows, .As per Article 155 and Article 156 of the Constitution, a Governor of a state is an appointee of the President, and he or she holds office “during the pleasure of the President”. If a Governor continues to enjoy the “pleasure of the President”, he or she can be in office for a term of five years. Because the President is bound to act on the aid and advice of the Council of Ministers under Article 74 of the Constitution, in effect it is the central government that appoints and removes the Governors. “Pleasure of the President” merely refers to this will and wish of the central government. .Article 160 of the Constitution states that the President may confer on a Governor function in any contingency not provided in the Constitution. Article 164(1) of the Constitution provides that the Chief Minister shall be appointed by the Governor. .Article 200 of the Constitution states that when a Bill has been passed either by both the House and the House as the case may be, it shall be presented to the Governor and he may reserve it for the consideration of the President. .In the proclamation of the emergency in the State, the report of the Governor about the functioning of the constitutional machinery of the State plays an important role as Article 356(1) provides that, “if the President on the receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.”

Politicisation of post of Governor: .Various anomalies and problems surround the Governor. He is only `appointed' by the President, and not `elected.' Though he is the head of the executive and the legislature, the people of the State have no voice in his appointment. This appointment has been reduced to a rehabilitation process for those rejected by the people in the elections, to reward some for their services to political parties and to settle disputes within parties. .Since the Governors `hold office during the pleasure' of the President (read ruling party at the Centre) their tenure can end at any time, though such removal is opposed to the federal structure of our Constitution. Naturally controversies are created. .It has been a common trend that if the Government at Centre changes, the Governor of states are either forced to vacate their posts or transferred to some other states.This has been done on the basis of ambiguous clause in which constitution neither specifies the eligibility criteria for the post of Governor nor does it mention about the reasons under which the President can remove or transfer the Governor of a state. As a result of absence of security of tenure and absence of any criteria for appointment, the Governors instead of functioning as independent constitutional authority, have functioned as agent of political parties.

Repurcussions of politicisation of Governor’s post: .The politicisation of Governor’s post acts as a barrier in smooth functioning of federal structure. The state Governments are often suspicious about the intentions of Governor, this leads to delay in implementation of developmental activities. This situation happens when the party ruling union and state Governments are different.

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The Supreme Court’s interpretation: In 2010, a constitutional bench of the Supreme Court interpreted these provisions and laid down some binding principles (B.P. Singhal v. Union of India). In this case, the newly elected central government had removed the Governors of Uttar Pradesh, Gujarat, Haryana and Goa in July, 2004 after the 14th Lok Sabha election. When these removals were challenged, the Supreme Court held:  .The President, in effect the central government, has the power to remove a Governor at any time without giving him or her any reason, and without granting an opportunity to be heard. .However, this power cannot be exercised in an arbitrary, capricious or unreasonable manner. The power of removing Governors should only be exercised in rare and exceptional circumstances for valid and compelling reasons. .The mere reason that a Governor is at variance with the policies and ideologies of the central government, or that the central government has lost confidence in him or her, is not sufficient to remove a Governor. Thus, a change in central government cannot be a ground for removal of Governors, or to appoint more favourable persons to this post. .A decision to remove a Governor can be challenged in a court of law. In such cases, first the petitioner will have to make a prima facie case of arbitrariness or bad faith on part of the central government. If a prima facie case is established, the court can require the central government to produce the materials on the basis of which the decision was made in order to verify the presence of compelling reasons. .In summary, this means that the central government enjoys the power to remove Governors of the different states, as long as it does not act arbitrarily, without reason, or in bad faith.

Recommendations of Various Commissions: Three important commissions have examined this issue. .The Sarkaria Commission (1988) recommended that Governors must not be removed before completion of their five year tenure, except in rare and compelling circumstances. This was meant to provide Governors with a measure of security of tenure, so that they could carry out their duties without fear or favour. If such rare and compelling circumstances did exist, the Commission said that the procedure of removal must allow the Governors an opportunity to explain their conduct, and the central government must consider such explanation. It was further recommended that Governors should be informed of the grounds of their removal. .The Venkatachaliah Commission(2002) similarly recommended that ordinarily Governors should be allowed to complete their five year term. If they have to be removed before completion of their term, the central government should do so only after consultation with the Chief Minister. .The Punchhi Commission (2010) suggested that the phrase “during the pleasure of the President” should be deleted from the Constitution, because a Governor should not be removed at the will of the central government; instead he or she should be removed only by a resolution of the state legislature. .The above recommendations however were never made into law by Parliament. Therefore, they are not binding on the central government.

Conclusion: .The Governor has two important roles to play. As the representative or the centre in the state, it is his responsibility to see that the federal balance and political stability are not sought to be destroyed or under mind. In his role as the head of the state Government, he has discretionary powers.

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.He is not merely a figurehead or a nominal head, or a passive spectator. But the exact range of his powers would greatly depend upon the political situation that exists in the state. If there is great deal of political harmony in the state, the burden of the Governor is greatly reduced. .The Supreme Court has expressly laid down that Governorship is an independent constitutional office which is not subject to the control of the Government of India.

REGARDING LOBBYING IN INDIA  .Lobbying is attempting to influence decisions made by a public official to pass or defeat legislation. It is arguably one of the most controversial activities in modern democracies. Lobbyists provide governments with valuable policy-related information and expertise but if the activity is not transparent, public interest may be put at risk in favour of specific interests. .India currently does not have a law to regulate lobbying. But recent corruption scandals involving lobbying by big businesses have increased public pressure for a law to regulate the activity. Problems of lobbying  Lobbyists are paid to influence government decisions.  Lobbyists are political insiders  Most of them lobby for corporate interests  Whenever policy actions generate concentrated benefits and dispersed costs, the incentives and abilities to lobby are significantly different across groups.

Lobbying in india  In India, there is some confusion among policymakers about what constitutes lobbying. During the furore over Wal-Mart’s disclosure of lobbying activities in India, Bharatiya Janata Party (BJP) leader Ravi Shankar Prasad denounced lobbying as nothing but a euphemism for bribery.  In contrast, a private member’s Bill to regulate lobbying was recently introduced in the Lok Sabha by Kalikesh Narayan Singh Deo, which defined the term as “an act of communication with and payment to a public servant with the aim of influencing” legislation or securing a government contract. The Bill required lobbyists to register with an authority and declare certain information.  In the Indian public consciousness, lobbyists are viewed as representatives of big businesses who indulge in corrupt practices to push their agenda.  There are a large number of advocacy groups who campaigns for policy reforms. One of the most successful campaigns was run by the Mazdoor Kisan Shakti Sangathan (MKSS)—a coalition of non-governmental organizations—for the Right to Information Act.  Women’s organizations have campaigned for women-friendly laws such as the Protection of Women from Domestic Violence Act, 2005.  More recently, Anna Hazare led a popular campaign for the establishment of an anti-corruption body called the Lokpal. Advantages  A law to regulate lobbying could pave the way for transparency in the policymaking process.  Disclosures of expenses incurred by lobbyists and financial accounts of law makers are likely to force interest groups to engage in the legislative process through legitimate means  The influence of these groups lies in the public support they command. Therefore, there is merit in including both commercial and advocacy groups in the definition of lobbyists so that neither have undue advantage in influencing policymakers nor is there a restriction to access for any group.

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 Universal access to information on expenses and details of communications with policymakers would give impetus to more debates in the public domain.  A shift to lobbying as a means of engaging with the legislative process would further the ideals of a participative democracy.

Criticisms  A lobbying law should not legitimize bribery or corrupt practices since it prioritizes private gain over public interest.  Lobbying by various interest and advocacy groups is widespread in India, the public mostly remains unaware of it unless a scandal breaks   Lobbying should be defined to include only those activities that further the ideals of participative democracy.  In countries such as the US, Australia, Canada and Poland only professional lobbyists are regulated. Taiwan, however, includes both individuals who lobby on their own behalf and professional lobbyists.

Way forward  India needs to determine a regulatory model that suits its socio-political needs.  It should tread a fine line while drafting the disclosure requirements.  Too high disclosure requirements could drive lobbyists underground while too low penalties may not act as sufficient deterrent for law-breakers.  It may be noted that the Right to Information Act, 2005, also stresses on voluntary disclosures by public authorities.  If public authorities pro-actively disclose information, it can complement the disclosure requirements under a lobbying law.

REGARDING CORPORATE FUNDING TO POLITICAL PARTIES  .To the growing influence of business houses in Indian elections, corporate donations received by political parties in just four years — from 2012-13 to 2015-16 — was 2½ times the funds collected in the seven years between 2004-05 and 2011-12. .The Association of Democratic Reforms (ADR), which analysed details of all donations above Rs 20,000 to five national parties found that corporate donations accounted for 89% of all known donations in these four years. Corporate funding Donation by corporate bodies is governed by the Companies Act, 2013. Section 182 of the Act provides that  A company needs to be at least three years old since the date of its existence to be able to donate to a political party,  Companies can donate a maximum of 7.5% of the average net profits they

 made during three immediately preceding financial years,  Such contribution must be disclosed in the profits and loss accounts of the companies,  No contribution shall be made without obtaining the approval of the board of directors by passing a resolution, 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 1 9

 If a company contravenes the provisions of this section, it may be held liable to a pay fine which may extend up to five times the amount contributed in default and every officer guilty of such contravention may be imprisoned for a term which may extend to six months and with fine which may extend up to five times the amount contributed in default. Recent amendment  The amendments effectively allow companies to contribute any amount to a political party without making its name public.  It allows donations by companies to electoral trusts only through account payee cheque, bank draft or electronic transfer, as part of the government's purported tirade against black money.

Issues:  Corporate funding is a major player in the election campaigns in India. It is a matter of common sense that no company would fund a political party without any personal interest. The more the funding, the more influence the company has over the party.  There is no cap on the number of such contributions, and there are plenty of opportunities to fudge receipts. So, parties could in effect take in an unlimited number of donations.  Lack of Transparency in Funding  Use of fake companies to flush the black money as donations  If foreign entities can donate money to political parties that means they wield control over the governance of the nation. No country with any self-respect would want its political parties to be controlled by foreign money  Corporate funding probably tilts the electoral balance somewhat towards the political party, who typically receive more corporate support than others. Conclusion .The amendments will limit the use undisclosed money in electoral funding to political parties but will only make the funding opaquer, and that too legally. If enacted, the changes will further erode Indians' trust in their elected officials

REGARDING DISTRIBUTION OF FREEBIES Introduction: .India, the world’s largest democracy is truly incredible in its size and stature. Democracy is the most efficacious form of government, in which the citizens of a country have a prerogative right of adult suffrage whereby people actively participating in the selection of the government by periodic conducting election. This, shows to indicate that the people hold the sovereign power to determine. So, in democracy the people are the ultimate source of power and its success and failure depend on their wisdom, consciousness and vigilance. .Distribution of freebies in election or pre-election existence is a deeply ingrained tradition which is accustomed to democratic India. Freebies often takes the form of cash, bribes, free rice, saris, or loan wavers and its mandatory practice by parties has predominantly overtaken the centre stage in all election campaigns. Therefore, there is an upsurge trend of doling out freebies to voters in cash or kind during pre and post elections period. The growing likeliness towards such luring schemes is a factor for their apparent success in garnering votes, creating a vote-bank in process. So, the spectre of corruption and hoodwinking of the credulous, gullible masses, thus hangs over all electoral processes. Election manifesto and freebies: .A practice by political parties which has blatantly showcased the illicit use and abuse of the election manifestos has become a scenario for competitive populism, where major parties can buy their seats to victory. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 2 0

.The election manifesto have long stopped being stern documents containing elaborated, calculated policies and tangible promises for the rapid growth and steps forward of the nation in all sectors .Recent pattern is that numerous national, political and state party issue their announcements in which they straightforwardly guarantee such things which in like manner are termed as "FREEBIES", targeting the impressionable masses, thereby hoodwinking them to promises which stand upon a line of fulfilment. .It is only the election time when people in power as well as ordinary politicians are active in trying to show that they are out to help the people6. Talking about the 2015 Delhi Elections, the APP government gained utmost electoral mileage by promising free electricity, water and wifi to the people.  .The divine rule, of people’s decision not to vote for the party in the next elections who neglected to execute the promises it made before winning the elections, does not suit a nation like India. Since ours is a nation, where, as a result of their financial neediness and absence of education, illiteracy and miserable religious attachment in large extent, people in general and a larger part of the marginalised group of people get driven by the temporary and transient allurements made to them by the political parties. Supreme Court judgement regarding freebies: In the Supreme Court’s judgement in S. Subramaniam Balaji vs Government of Tamil Nadu & Others on July 5, 2013,the court observed that , .That the promises to distribute election freebies in an election manifesto cannot be read into the language of the Section 123 of the RP Act, for asserting it to be corrupt practices under the prevalent law in force. .That the schemes do not violate of Art. 14 of public purpose and reasonable classification as it is in the realm of fulfilling the DPSP’s. .Even though the Supreme Court ruled in favour of the State of Tamil Nadu, stating that the promises made in an election manifesto cannot be construed as a ‘corrupt practice’ under section 123 of the Representation of the People Act, 1951, it acknowledged that in reality distribution of free gifts by political parties does influence the electorate and “shakes the root of free and fair elections to a large degree”. .It further directed the Election Commission to frame guidelines with consultation of political parties on its general conduct and election manifesto including Model code of Conduct (MCC) for the guidance of political parties and candidates. New provisions in Model code of conduct: In the fresh guidelines to political parties on election manifesto, EC in the interest of free and fair elections directed political parties to adhere to few guidelines. The guidelines are, .The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the later and spirit of other provisions of Model Code of Conduct. .The Directive Principles of State Policy enshrined in the Constitution enjoin upon the State to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise. .In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled.

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DEMAND FOR SMALLER STATES IN INDIA   Smaller states have been the new political mode of addressing basic issues that were otherwise left unresolved. However, fighting for a new state and reconstructing on a more sustainable democratic content are undoubtedly two different issues all together.

Need for the smaller states  Administering large and diverse states is more complex and probably inefficient as well, though there can be economies of scale in some ways  Smaller states mean key decisions will be taken closer to the ground  Too much of diversity in larger states. Diversity is not only about language but economic and cultural diversity too

Smaller states in india – history  Several new states and union territories have been created out of existing states since 1956.  The Bombay Reorganisation Act split the Bombay State into the present-day states of Gujarat and Maharashtra on linguistic basis.  The state of Nagaland was created on December 1, 1963.  The Punjab Reorganisation Act, 1966 carved out a new Hindi-speaking state of Haryana from the southern districts of Punjab state, transferred the northern districts to Himachal Pradesh and designated a union territory around Chandigarh, the shared capital of Punjab and Haryana.  Statehood was conferred upon Himachal Pradesh on January 25, 1971, and to Manipur, Meghalaya and Tripura on January 21, 1972.  The Kingdom of Sikkim joined the Indian Union as a state on April 26, 1975.  In 1987, Arunachal Pradesh and Mizoram became states on February 20, followed by Goa on May 30 of the same year. Goa's northern exclaves of Daman and Diu became a separate union territory.  Three new states were created in November 2000: Chhattisgarh - created out of eastern Madhya Pradesh, Uttaranchal - which was later renamed Uttarakhand, was created out of the mountainous districts of northwest Uttar Pradesh and Jharkhand was created out of the southern districts of Bihar.  Recently in June 2014, Telangana was separated from Andhra Pradesh as the 29th state of the union.

Demand for smaller states at present :  Bodoland and Karbi Anglong in Assam  Bhojpur and Mithila in Bihar  Bhilistan, Kutch, Saurashtra states in Gujarat  Tulu Nadu and Kudagu in Karnataka  Jammu, Kashmir and Ladakh in Jammu and Kashmir  Baghelkhand, Bundelkhand & Vindhya Pradesh, Gondwana & Mahakoshal, Malwa in Madhya Pradesh  Khandesh, Konkan, Marathwada and Vidharba in Maharashtra  National Capital Region(NCR)  Kukiland in Manipur  Kosal in Odisha 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 2 2

 Kongu Nadu in Tamilnadu  Awadh, Pashchimanchal, Purvanchal in Uttar Pradesh  Gorkhland and Kamtapur in West Bengal

Benefits of creating smaller states :  There will be efficient distribution of revenue all over the smaller states and there won't be an unfavourable balance of economic resources.  Smaller states will resemble local government more and state government will be able to pay adequate attention to the local problems.  More states will lead to more diverse set of policies and more opportunities for investors. This will encourage industrial growth and trigger a competition for the state policies that attract the most investors. This will eventually benefit the people.  A smaller state will definitely reflect the identity of the people better as larger states tend to have a more heterogeneous nature and it's policies could be dominated by the most vocal communities or those communities that grab power.  The creation of smaller states would help correct an anomaly in the structure that exponentially increases the size of the electorate a politician represents when they move up the ladder of power.

Criticisms :  Creation of small state will divide India and will take India to pre British era.  The feeling of Indian nationalism would diminish in the cries of regional autonomy.  Small states in India are not making progress proportional to their potential like Jharkhand which is very rich in minerals and has a favourable environment for further industrialization.  Small states depend to a substantial extent on Central Government for financial aid.  It will not be economically prudent to setup new states as it would incur expenditure to setup a state machinery though it would be one time activity but to sustain and run government machinery state would need resources for which they would depend on centre.  Politicians want to grab as much political power as possible by taking advantage of the region movement and public sentiments.  Hatred within different sections of state will increase which in turn would lead to factionalism. This could trigger domino effect and with more factional parties demanding more segregation.  There could be quarrel related to state boundaries. Conclusion  It would be unfortunate, therefore, if demands for restructuring of India by creating smaller states is seen only as a mere political contest, where the just cause of individual socio-cultural and agro- climatic regions is a weapon in the hands of out of work politicians deprived of a share of the benefits of office.

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PLEA FOR PROHIBITING CANDIDATES FROM CONTESTING MORE THAN ONE CONSTITUENCY

  In 2017, The Law Commission has agreed with the proposal to bar a person from contesting more than one seat at a time but has not endorsed the alternative proposal that winning candidates also shoulder the cost of ensuing by-elections.

History:  Over the years, several senior leaders have contested two constituencies in Lok Sabha and Assembly elections. Some contested even three, until 1996, when an amendment to the Representation of the People Act, 1951, restricted to two the number of seats one candidate could contest in one election. And whenever they have won more than one, the candidates have retained only one, forcing bypolls in the rest.  The Dinesh Goswami Committee report in 1990 and the 170th report of the Law Commission on “Electoral Reforms” in 1999 had included recommendations for restricting one contestant to one seat.  In the original 1951 Act, Section 33permitted a person to contest from more than one seat, while Section 70 of the Act prevented him or her from holding on to more than one seat in state or central legislatures.  In the 1957 Lok Sabha election, Atal Bihari Vajpayee, tried his luck from three constituencies in UP — Balrampur, Mathura and Lucknow.  In 1977, Indira Gandhi suffered a surprise defeat in her well-nursed constituency, Rae Bareli; in 1980, she filed her nomination from Medak and Rae Bareli. She won from both constituencies, and chose to forgo Medak.  Vajpayee (Vidisha and Lucknow in 1991), L K Advani (New Delhi and Gandhinagar in 1991), Sonia Gandhi (Bellary and Amethi in 1999), Mulayam Singh Yadav (Azamgarh and Mainpuri in 2014) and Lalu Prasad (Saran and Pataliputra in 2009).  More recently, BJP prime ministerial candidate Narendra Modi contested from Varanasi as well as Vadodara in the last Lok Sabha elections. After he won from both constituencies, PM Modi retained Varanasi and gave up Vadodara.

Short comings  When a candidate contests from two seats, it is imperative that he has to vacate one of the two seats, if he wins both.  Apart from the consequent unavoidable financial burden on the public exchequer, government manpower and other resources for holding bye-election against the resultant vacancy is also an injustice to the voters of the constituency which the candidate is quitting from.

Recommendations of the election commission  The Election Commission proposed amendment of Section 33(7) in the year 2004 to provide that a person cannot contest from more than one constituency at a time.  However, in case the existing provisions are to be retained, a candidate contesting from two seats should bear the cost of the by-election to the seat that contestant decides to vacate in the event of him/her winning both seats. 23-B, 3rd Floor Pusa Road, Metro Pillor No. 115, Old Rajender Nagar, New Delhi-110060 www.triumphias.com ph. 7840888102, 9873957772, 8586861046 2 4

 The amount in such an event could be Rs 5 lakh for state assembly and Rs 10 lakh for the general election. That cost would have multiplied many times now  A PIL has sought a direction to the Centre and the EC to take appropriate steps to discourage independent candidates from contesting Parliament and state Assembly elections, saying they were often connected with the issue of "fragmented voting" and causing instability in the electoral system.  The court had sought the EC’s response to a public interest petition challenging the validity of the provision that still allows a candidate to contest two seats simultaneously.  If the recent proposal is into practice, will allow only the candidates with resources to contest two seats, bear the cost of a resultant by-election in the event of their winning both.

Central governments stand on the plea:  The centre recently opposed in the Supreme Court a PIL for barring candidates from contesting from than one constituency in a general election, saying that the issue of electoral reforms would need legislative action and the plea failed to establish that fundamental rights of citizens were being infringed upon in any way.

ISSUES SURROUNDING THE RIGHT TO INFORMATION BILL 2018  .The Government is considering a proposal to amend the Right to Information Act, 2005. A notice of intention has been given to introduce “The Right to Information (Amendment) Bill, 2018” in the Rajya Sabha for consideration and its passage during the current session of Parliament.

Objective .To main objective is to provide for enabling provision under the RTI Act to frame Rules regarding salaries, allowances and conditions of service for Chief Information Commissioners and Information Commissioners and State Information Commissioners as there are no such provisions available under the RTI Act at present.

Features .According to the proposed amendment, the salaries, allowances and other terms and conditions of service of the CIC and ICs "shall be such as may be prescribed by the central government". .The tenure of information commissioners at the centre and the states is proposed to be amended from "a term of five years" to

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