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Subject Sub Topic Details Polity Basics of Constitution Polity the Executive Polity Legislature & Elections

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Subject Sub Topic Details Polity Basics of Constitution Polity the Executive Polity Legislature & Elections GS2 Thursday, 13 May 2021 20:11 Subject Sub Topic Details Polity Basics of Constitution Polity The Executive Polity Legislature & Elections Polity Separation of Centre State Relation 1. Committee Powers & 1. 1st ARC-1966 Federalism a. Background i. Inadequacy of bureaucracy in facing challenges for development activities. ii. Paul H Appleby : Organization and Methods (O&M) iii. Division in cabinet secretariat. b. Aim i. Public administration to carry social & economic goals. ii. Pub Ad responsive to people. c. Recommendation i. Establishment of Interstate council under 263. ( established in 1990, Sarkaria Commission). ii. non-partisan persons as Governor. d. Output i. Dept. of Administrative reforms & Dept of Personnel created. ii. Performance budgeting iii. Introduction of Annual action plan iv. NIC setup under Planning commission 2. Sarkaria 1983 a. 356 in extreme, Residuary power division ( union : tax only ), CM consultation for Governor appointment, included Corporation tax in shareable pool. 3. MM Punchi 2007 a. Limit president pocket veto 6 month, Guidelines for appointment of CM, 2 year cool off period, Selection body for governor including CM, 2. Planning & NITI Ayog 1. Duty of Planning commission a. Implementation of 5 year plan. b. Provide finance to state for scheme ( Now Finance/concerned ministry) 2. Why PC abolished a. Not able to capture new realties of dynamics economy b. Policy formulation lacks center state relation. 3. Relevance of NITI a. Cooperative & Competitive Federalism 4. Concern with NITI a. Biasness to government & private sector , Financial constraints, recommendatory only 5. NiTi : Chairperson PM, CEO, 4 Union Minister 6. Achievement a. Aspirational district program, POSAN abhiyan, Innovation ecosystem, AI block chain. 7. Niti vs Panning Niti Planing Federalism State & UT directly State & UT indirectly involved involved through National Development Council. Executive No power to impose Have power power policies on state. Financial No Yes, for scheme Mains Page 1 Financial No Yes, for scheme Power Specialised Broad specialisation Limited specialisation group group Expert, specialist council , Regional council Process Policy formulation Policy formulated by PC, state with consultation from consultation in resources state allocation 5th & 6th Schedule 1. Points 1. Background a. Both schedules passed in 1949 by CA. 2. Tribal protection culture & resources 3. Self governance 4. Current Issue (5th schedule) a. Xaxa report 2014 ( leaked) i. It is actually state government not governor who frame rules regarding TAC functioning b. TAC functioning is usurped by state government. c. In CG TAC is headed by CM, conflict of interest as COM & TAC both headed by a minister . d. 2010 : Governor have discretionary power ( by AG) 2013 : Governor does not have discretionary power ( AG ) 5. 6th schedule a. Important article i. 244 : administration ii. 275 : statutory grant charged on consolidated fund of india. b. Power i. Judicial, tax , customary law, industry, road, bridges, health, social security, minor irrigation c. Issue i. Legislative power of state over council ii. Conflict of discretionary power of governor iii. Lack of codification of customary law d. Way forward i. Creating elected Village council ii. Recognition of grammsabha under law 2. 5th vs 6th schedule 5th schedule - 244 6th schedule Purpose Provide protection to tribal Provide protection to tribal Based on Bardoloi Committee of constituent assembly State Any except 6th Assam, Meghalaya, Tripura, Currently Mizoram Telegana, MH, Guj, Andra, RJ, MP, CG, JH, Orrisa, Himachal Pradesh Governor 1. Modify, annul or limit parliament 1. Final authority to form new Power or state legislatures rule. autonomous district. 2. Regulate Finance 2. Increase or reduce, merge 3. Regulation needs acceptance of with consultation of hill area president Committee 4. Annual report of administration to 3. Determine any dispute over President royalty distribution b/w 5. Governor and also makes rule with district council & state consultation with Tribal advisory government ( discretionary). council for peace and good governance ( rules requires president recommendation) President 1. President can declare some/whole as scheduled area. Mains Page 2 as scheduled area. 2. After consultation of governor can increase area. Judiciary NA Role of HC limited by Governor Executive Executive power of Union extend in Executive authority of states Power 5th for giving direction to state government. Applicabili 1. All state & central law extend 1. Governor Assam & President ty of automatically, governor may for Meghalaya, Tripura, central prohibit. Mizoram can direct any law 2. PRI law not extend automatically . central act not apply to tribal area. 2. If state make law related to List under 3A then it will no extend automatically. ( except Meghalaya). Applicabili Governor Governor : law shall not apply ty of state to an autonomous law district/region or shall apply with modifications. Provisions 1. Tribe advisory council 1. Autonomous district council 1. 20 max ( ADC) 2. 3/4 ST MLA 1. 30 member 2. Can amend or repeal any act of 2. 4 nominated Parliament ( President assent 2. ADC directly under Governor required) 3. Power 1. Land, Health, Education, Forest ( except reserve forest Recent 1. Moran, Motok, Kamtapur News New autonomous council in Assam. 2. Citizen ship Amendment Bill not applicable to 1. ILP area ( Arunachal, Nagaland, Manipur, Mizoram ). 2. 6th schedule area ( Assam, Meghalaya, Mizoram, Tripura) PESA Covered under it Not covered under it 3. Bru Tribe Issue 1. Bru /Reangs spread across Tripura, Assam, Manipur and Mizoram 2. They recognised as PVT in Tripura 3. In Mizoram they are targeted by groups as they are not consider as indigenous to state. 4. Solution a. Four Party agreement ( GoI, Tripura, Mizoram, Bru) b. Provision i. Union 600 crore package ii. Bru will given land in Tripura iii. 4 Lakh FD to each family for 2 year iv. 5k per month two each per family Panchayat & municipality 1. Background 1. Failing of a. Community Development Program 1952 i. Centralised approach ii. Basic assumption that village as a community of shared Interest went wrong. iii. More benefit to land owner & casteism play role b. National Extension Services (1953 ) Mains Page 3 b. National Extension Services (1953 ) 2. Important Committee 1. LM Singhvi 1986 : Constitutional status to PRI. ( 1964 Lokpal term given by LM singhvi ). 3. Issue 1. Lack of effective devolution of power 2. Insufficient grants/funds 3. Pradhan-Pati system 4. Infrastructure Challenge 5. Lack of support staff 6. Lack of convergence of various government programs. 4. Current initiative 1. E-GramSwaraj - A simplified work based accouting for pachayati raj a. 2. Gram Panchaayat Development Plan in Sabki Yojna Sabka Vikas a. Significance i. Annual plan for each panchayat ii. Stake holder involvement iii. Auditing by stockholder b. Concern i. Lack awareness ii. Lack integration plan 3. Education as a criteria for Local Election a. Rajasthan government scrapped education criteria. b. Argument against education as criteria i. Against grassroots democracy ii. Discrimination towards women & weaker sections iii. Exclusionary move iv. Misplaced focus c. Points in support of Education as criteria i. Progressive legislation ii. Need of hour iii. Improve social indicators iv. Role model effect v. Right to contest is constitutional right it can be curtailed by laws. vi. Uneducated or illiterate can be misled by officials. 4. Panchayat & Pandemic a. Relevance of panchayat during Pandemic i. High level of trust ii. Decentralised governance iii. Decreased corruption iv. Local level knowledge v. Ground level program implementation using AASHA vi. Supply chain service PDS b. Challenge i. Shortage of PDS supply ii. Lack of Traning to Aganbadi. iii. Ambiguity in role iv. Poor data infrastructure v. Lack digital infrastructure in gram sabha meeting c. Way forward i. 2nd ARC : There should be clear cut demarcation of function of each tier of government. ii. Objectivity mapping for gram panchayat to reward and replicate Mains Page 4 ii. Objectivity mapping for gram panchayat to reward and replicate 5. Panchayat & Women a. Issue i. women would be mere rubber stamps ii. Sponsoring candidate by a party may lead to dictating terms of administration by party ( independency lost). b. Defence i. Slowly gaining confidence ii. 50% reservation in local elections iii. Can you call a woman like Tahmina Bibi, who has hardly any formal education, a rubber stamp when she stood against the men in her panchayat of Barogharia village in north Bengal and insisted on the construction of a culvert( puliya). 6. Issue related to PRI a. Removal of Member elected in PRI i. Karnataka: Commissioner empowered but it should be Gram Sabha jurisdiction. b. District Development Council i. Set by amending J&K Panchayat Act 1989 in 2020 ii. Jurisdiction: District except over the areas controlled municipality and corporation. iii. District planning and Development board—> District Development Council iv. DDC= DDC + District Planning Committee (DPC) v. DDC composition 1) 14 Elected member from each district 2) Additional District Development commissioner will be CEO 3) District Planning & Development board DDBs (old body) headed by cabinet minister. vi. DDC function 1) Prepare, approve plan capital expenditure in respective district. 2) Supervise gram Panchayat, Block, District. vii. Why new structure? 1) It is a initial move to implement the entire 73rd amendment in act J&K. viii.
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