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POLITY and CONSTITUTION Table of Contents 1 POLITY AND CONSTITUTION Table of Contents 1. CENTRE STATE RELATIONS ___________ 2 5.2. Issues Related to Free and Fair Elections40 1.1. NITI Aayog ________________________ 2 5.2.1. Model Code of Conduct ______________ 40 1.2. Special Status of Jammu and Kashmir __ 4 5.2.2. Electronic Voting Machine (EVM) ______ 41 1.2.1. Article 35A _________________________ 6 5.3. Issues Related to RPA ______________ 43 1.3. 6th Schedule ______________________ 7 5.3.1. Paid News in Elections _______________ 43 1.4. Demands for Small States ____________ 8 5.3.2. Criminalization of Politics ____________ 45 1.5. Governor’s Role in Dissolution of State 5.4. Electoral Funding Reforms __________ 46 5.4.1. Electoral Bonds ____________________ 47 Assemblies __________________________ 10 5.5. Self-Regulation of Social Media in 1.6. Demand for Abolishing the Concurrent Elections ____________________________ 49 List _________________________________ 11 5.6. Changing Nature of Elections in India __ 50 1.7. Rationalisation of Centrally Sponsored 5.7. Issues in Delimitation ______________ 51 Schemes ____________________________ 12 5.8. Vote-Bank Politics _________________ 52 2. ISSUES RELATED TO CONSTITUTIONAL 5.9. Feminisation of Indian politics _______ 53 PROVISIONS ________________________ 15 6. JUDICIARY _______________________ 55 2.1. Aadhaar Constitutionally Valid _______ 15 6.1. Judicial Accountability ______________ 55 2.2. Reservation ______________________ 17 6.1.1. Judges and Post Retirement Positions __ 57 2.2.1. Reservation in Promotions ___________ 17 6.2. Issues in Judiciary _________________ 58 2.2.2. Reservation for Economically Weaker 6.2.1. Judicial Pendency ___________________ 58 Sections _______________________________ 19 6.2.2. Vacancies in Sub-Ordinate Courts ______ 60 2.3. Citizenship Amendment Bill _________ 20 6.3. Tribunals ________________________ 61 2.4. National Security Act_______________ 22 6.4. Fast Track Courts __________________ 63 2.5. Sedition _________________________ 23 7. TRANSPARENCY AND ACCOUNTABILITY 65 3. FUNCTIONING OF PARLIAMENT/STATE 7.1. Issues Related to RTI _______________ 65 LEGISLATUTE AND EXECUTIVE _________ 25 7.1.1. Political Parties Under RTI ____________ 65 3.1. Breach of Privilege ________________ 25 7.1.2. Section 4 of the RTI Act ______________ 66 3.2. Falling Productivity of Rajya Sabha ___ 26 7.2. Official Secrets Act _________________ 67 3.3. Cabinet Committees _______________ 28 8. GOVERNANCE ____________________ 69 4. CONSTITUTIONAL REGULATORY AND 8.1. Lateral Entry______________________ 69 OTHER BODIES ______________________ 30 8.2. Witness Protection Scheme _________ 70 4.1. Comptroller and Auditor General of India30 8.3. ‘Beyond Fake News’ Project _________ 72 4.1.1. Redactive Pricing Audit ______________ 31 8.4. Draft IT Rules _____________________ 73 4.2. Lokpal __________________________ 32 8.5. Trade Unions in India ______________ 74 4.3. Central Bureau of Investigation (CBI) __ 34 8.6. Cooperatives in India _______________ 75 4.4. Independence vs Accountability of RBI 35 9. LOCAL GOVERNANCE ______________ 78 5. ELECTIONS IN INDIA ________________ 37 9.1. Gram Panchayat Development Plans __ 78 5.1. Electoral Reforms _________________ 37 9.2. Education as a Criteria for Local Elections79 5.1.1. Role of Election Commission _________ 37 5.1.2. None Of The Above (NOTA) __________ 38 1 DELHI | PUNE | HYDERABAD | AHMEDABAD | JAIPUR | LUCKNOW 8468022022 1. CENTRE STATE RELATIONS 1.1. NITI AAYOG Why in news? Recently Government has reconstituted NITI Aayog, renaming Rajiv Kumar as its vice chairman and appointing Home Minister as ex- officio member. Background Planning Commission was initially set up in 1950 as an agency to direct investment activity in a country. Planning Commission had two key duties to perform i.e.; to implement five-year plan and second was to provide the finances to the state. The disenchantment with the Planning Commission could be traced on two important fronts: o the perception that it was not able to capture the new realities of macro- economic management at the national level, o it had not been conducive to sound fiscal relations between the Union and the States. This did not fit well with the imperative for an inclusive and equitable path of economic development in India. In this context, National Institution for Transforming India (NITI Aayog) was constituted in 2015 as a think tank and advisory body of the government. Relevance of NITI Aayog Cooperative federalism: Due to its composition, NITI Aayog gives better representation of states which facilitates direct interactions with the ministries & helps to address issues in a relatively shorter time. Competitive Federalism: Various reports of NITI Aayog like Healthy states Progressive India etc. which give performance-based rankings of States across various verticals to foster a spirit of competitive federalism. It helps to identify the best practices in different States in various sectors and then try to replicate them in other States. Greater Accountability: NITI Aayog has established a Development Monitoring and Evaluation Office which collects data on the performance of various Ministries on a real-time basis. The data is then used at the highest policymaking levels to establish accountability and improve performance. 2 8468022022 DELHI | PUNE | HYDERABAD | AHMEDABAD | JAIPUR | LUCKNOW o Earlier, India had 12 Five-Year Plans, but they were mostly evaluated long after the plan period had ended. Hence, there was no real accountability. Think tank of innovative ideas: NITI Aayog is visualised as a funnel through which new and innovative ideas come from all possible sources — industry, academia, civil society or foreign specialists — and flow into the government system for implementation. o By collecting fresh ideas and sharing them with the Central and State governments, it allows states to progress with these new ideas. o Hence it helps in improving governance and implementing innovative measures for better delivery of public services. Convergence for resolution: Being a common point for similar issues faced by different sectors, states etc., it acts as a convergence point and platform to discuss these issues. Concerns with NITI Aayog Biasness towards government & private sector: While generating new ideas, NITI Aayog should maintain a respectable intellectual distance from the government of the day. However, concerns have been raised regarding NITI Aayog offering rather uncritical praise of government’s projects. o Concerns have also been raised regarding NITI Aayog’s treatment of public sector while advocating private sector in almost every sphere as the savior of Indian economy. Financial constraint: NITI Aayog has no powers in granting discretionary funds to states, which renders it toothless to undertake a “transformational” intervention. o While during the Planning Commission days, it was easy for the commission to give a shape to the idea as it had the control over funds and hence over an agenda. Only recommendatory body: It acts as advisory body only which advices the government on various issues without ensuring enforceability of its ideas. Lack of decentralization power: One of the envisaged goals of the NITI Aayog was to develop mechanisms to formulate credible plans at the village level and aggregate these progressively at the higher level. Very little of this cherished goal has indeed been accomplished. Missed opportunities for transformative change: The body has missed some opportunities to make qualitative difference. o For instance, CSS had to be reformed in the light of the recommendations of the 14th Finance Commission. Instead of reforms in design and implementation of the Schemes that was promised when the Planning Commission was wound up, changes were made only to shift greater responsibility onto States in terms of financing. o A second opportunity arose when the distinction between Plan and non-Plan was removed. At that point, the organization had an opportunity to insist on taking a sector-wise comprehensive view of capital and revenue expenditures. However, that has not been done. Inadequate support to states: The major complaints of States in regard to the functioning of the Planning Commission remain unaddressed. The complaints have largely been on the perception that the Centre is encroaching upon States’ responsibilities and is continuing to advocate a one-size-fits-all approach in administration. Suggestions to improve working of Niti Aayog Balancing with finance commission: NITI Aayog should be given a funding role so that it can help deal with the development experience between states. o Another possibility is to convert the Finance Commission into a permanent body that can oversee fiscal transfer mechanisms rather than just give a tax sharing formula every five years. Increasing accountability: Bureaucracy will need to change from generalist to specialist, and its accountability will have to be based on outcomes achieved, not inputs or funds spent. NITI Aayog should spell out how these reforms will be implemented. Allocation of more funds: Towards the task of cooperative federalism, NITI Aayog 2.0 should receive significant resources (say 1% to 2% of the GDP) to promote accelerated growth in States that are lagging, and overcome their historically conditioned infrastructure deficit, thus reducing the developmental imbalance. More stakeholder involvement: It should invite research inputs and recommendations of expert members on identified areas. It should
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