Health Sector In India- Holistic Study Part 3
National Rural Health Mission (NRHM) Introduction The NRHM aims to provide a fully functional, community-owned, decentralized healthcare delivery system with inter-sectoral convergence at all levels to ensure action on multiple indicators – water, sanitation, education, nutrition, social and gender equality Features Main target to provide access to affordable quality healthcare services to rural population Section Focus: Special focus on vulnerable sections: Women and Children: RMNCH+A – Reproductive, Maternal, New born, Child and Adolescent Region Focused: Targeted focus on improving primary healthcare services in Empowered Action Group States and North-East Community Participation: Improved Community level participation through Mahila Arogya Samiti, Rogi Kalyan Samiti and Village Health and Nutrition Council ASHA – Accredited Social Health Activists Community Health volunteers called Accredited Social Health Activists (ASHAs) have been engaged under the mission for establishing a link between the community and the health system ASHA is the first port of call for any health-related demands of deprived sections of the population, especially women and children, who find it difficult to access health services in rural areas. Rogi Kalyan Samiti (Patient Welfare Committee) Group of trustees of the hospital to Manage affairs of hospitals Janani Suraksha Yojana (JSY) JSY aims to reduce maternal mortality among pregnant women by encouraging institutional delivery. Under the scheme, cash assistance is provided to eligible pregnant women for giving birth in a government health facility. National Mobile Medical Units (NMMUs) Many un-served areas have been covered through National Mobile Medical Units (NMMUs). National Ambulance Services Free ambulance services are provided in every nook and corner of the country connected with a toll-free number and reach within 30 minutes of the call. Janani Shishu Suraksha Karyakram (JSSK) As part of recent initiatives and further moving in the direction of universal healthcare, Janani Shishu Suraksha Karyakarm (JSSK) was introduced to provide free to and fro transport, free drugs, free diagnosis, free blood, and free diet to pregnant women who come for delivery in public health institutions and sick infants up to one year. Rashtriya Bal Swasthya Karyakram (RBSK) – In line with Article 45 of DPSP (Early Childhood Care) A Child Health Screening and Early Intervention Services have been launched in February 2013 to screen diseases specific to childhood, developmental delays, disabilities, birth defects and deficiencies. The initiative will cover about 27 crore children between 0–18 years of age and also provide free treatment including surgery for health problems diagnosed under this initiative. Mother and Child Health Wings (MCH Wings) With a focus to reduce maternal and child mortality, dedicated Mother and Child Health Wings with 100/50/30 bed capacity have been sanctioned in high case load district hospitals and CHCs which would create additional beds for mothers and children. Free Drugs and Free Diagnostic Service A new initiative is launched under the National Health Mission to provide Free Drugs Service and Free Diagnostic Service with a motive to lower the out of pocket expenditure on health. District Hospital and Knowledge Centre (DHKC) As a new initiative District Hospitals are being strengthened to provide Multi-specialty health care including dialysis care, intensive cardiac care, cancer treatment, mental illness, emergency medical and trauma care These hospitals would act as the knowledge support for clinical care in facilities below it through a telemedicine centre located in the district headquarters and also developed as centres for training of paramedics and nurses. National Iron+ Initiative The National Iron+ Initiative is an attempt to look at Iron Deficiency Anaemia in which beneficiaries will receive iron and folic acid supplementation irrespective of their Iron/Hb status. This initiative will bring together existing programmes (IFA supplementation for: pregnant and lactating women and; children in the age group of 6–60 months) and introduce new-age groups. FROM NRHM to NHM Why NHM? Integrated Focus on rural and urban areas earlier missing in NRHM Holistic Focus: Focus expanded from mother and children centric health issues to diverse sections of society Long Term Vision: NRHM lacked long term vision as it was launched in mission mode Regional Equity: Highly variable delivery of services across states NUHM Envisages to meet healthcare needs of urban population with special focus on urban poor and other vulnerable sections seeking to improve their outreach to primary healthcare services and reducing their out of pocket expenditure in availing healthcare services. Focus on meeting healthcare needs of slum population with convergence with schemes of other ministries engaged in enhancing related health determinants- water, sanitation, education, housing etc – Ministry of Urban Development, Housing and Urban Poverty Alleviation, MHRD and MWCD Pathway to achieving NUHM goals Need-based healthcare delivery system to meet diverse healthcare needs of urban poor and other vulnerable sections like street vendors, rickshaw pullers, coolies, construction workers Availability of resources for providing primary healthcare to urban poor Institutional mechanism and management system to deal with rapidly growing urban population (multi-sector convergence – water, housing, sanitation) Partnership with the community and local bodies for proactive involvement in planning, implementation and monitoring of health activities Partnerships with NGOs, health service providers and other stakeholders Projects under NHM Kayakalp Award scheme that recognizes excellence in the cleanliness of public health facilities Objectives Inculcate a culture of cleanliness in public health facilities in a structural manner with bio-waste disposals and protocol creation and concurrence Promote cleanliness, hygiene and infection control practices in healthcare facilities Create and share sustainable practices related to improved cleanliness in public health care facilities Build confidence of users in public health facilities Introduce a culture of peer review and assessment of performance related to hygiene, cleanliness and sanitation Indradhanush (Will be covered under Immunization) Preventive Health Care Poverty World Bank defines poverty as a social phenomenon in which a particular section of the society is unable to fulfil their basic needs Measuring Poverty- Absolute and Relative scales – Tendulkar and Rangarajan Absolute Poverty: The deprivation of an individual or household with respect to objective levels of living standard is referred to as absolute poverty. Eg: India has 26.9 crores as of 2011-12 below its poverty line India has been successful in reducing its absolute poverty. The number of poor has come down from 40crore in 2004 to 26 crore in 2011. Such a rapid reduction in poverty levels are a result of key government interventions
Health Sector In India
Health Sector In India HUNGER Malnutrition: FAO defines malnutrition as population denied of dietary intake for prolonged period. Chronic malnutrition is defined as hunger. Quote: “Hunger is quiet violence” – Amartya Sen Hidden Hunger: Refers to the condition of an individual who is consuming requisite dietary intake but is deficient of micro nutrients. It can be addressed by diversifying diet to include micro nutrients and by fortifying commonly consumed food that is part of the staple diet of individuals. Measuring Hunger Global Hunger Index: Brought out by IFPRI Parameters: Stunting, Wasting, Child Mortality and Undernourishment (Adults) India has the largest number of people affected with hunger according to FAO report: 194 million in India are hungry. Although it has improved, the rate of improvement is insufficient. The Global Hunger and Malnutrition Index also shows that over 40% of the world’s hungry children are from India. Hungama Report (Nandi Foundation) Child undergrowth (42%) and Anaemia (63%) Child stunting in urban areas – 22% Introduction on Malnutrition or Hidden Hunger India has a paradoxical mix of obese and malnourished children. It is no longer necessary to focus on adequate nutrition alone. Our policy focus must shift to appropriate nutrition transforming our objective of food securityà nutrition security. Reasons of Malnutrition Accessibility/ Affordability to Food: Poverty is the overwhelming reason for hunger and malnutrition in the country as several households are incapable of consumption at sustained levels due to insufficient household income Lack of Awareness: Education among mothers: Hugama report by Nandi Foundation finds a strong correlation between malnourishment in children and educational attainment of mothers Balanced Nutrition: Even educated mothers in urban areas are unaware of the difference between right nutrition and calorie intake. This has led to the phenomenon of hidden hunger among children Lack of Health and Hygiene: A child’s ability of consumption is greatly affected by his health and vulnerability to epidemics and other diseases. Diarrhoea for example drastically reduces child’s capability to intake food and nutrients. Provision of clean drinking water, clean environment, sanitation facilities, solid waste management, robust sewerage and drainage networks can reduce vulnerability of children as well as adults to such diseases enabling them to acquire requisite nutrition Obesity India is second in the number of Obese children with more than 14 million obese children. The reasons for such alarmingly high levels of obesity in India are: Lifestyle Problems: Children in urban areas particularly are gorging on junk foods with little focus on exercise, balanced diet and intake of vitamins and micro-nutrients. Excessive fat containing foods are consumed causing obesity Passive Nature of Children: Obesity’s rise in the modern world has been co-terminus with the rise of technology and other forms of entertainment. They have become couch potatoes in their homes with little outdoor activity contributing to their obese nature Consequences Vulnerability to Diseases: Several non-communicable diseases including CVDs, diabetes and cancers are linked to obesity Social Stigma: Indian society in particular runs a deep running stigma on obese individuals that hinder them from leading a dignified life in society. Hinders Productivity: Obesity impairs health which affects productivity of the young working population. An obese population is a bane to India’s demographic asset. [the_ad id=”5735″] Possible Measures to Control Obesity Awareness on Balanced Diet: Proper awareness can be propagated among students and parents regarding the importance of a balanced diet. School and local governance bodies can act as focal centre in coordinating such activities along with CSOs Taxesà Behavioural Change: The rising acceptance for fat containing westernized diet among the youth can be curbed by introducing fat taxes. Such taxes can be a potent disincentive to habitual consumption of fat foods Regulate Junk Food Production: Junk food producing companies can be regulated to ensure lesser availability of affordable junk food. Obesity as Health Service: Obesity management should be promoted as a specialised health service within urban areas focussing on youth in particular. Conclusion In a country which has surplus food grains and guarantees the right to food for all, it is morally, politically and economically unacceptable that children are denied the right nutrition. Government Interventions to Address the Issue of Hunger and Malnutrition National Food Security Act, 2013 Legally secures citizens the right to food security and puts an obligation on the state to ensure the same. Constitutional inspiration Article 47: The State shall endeavour to improve the nutrition level of the general public and improve public health and standard of living NFSA and Targeted PDS TPDS is simply the executive machinery or framework for implementing the legislation that secures citizens right to food. NFSA prescribes usage of excluded households in Socio-economic caste census as criterion for beneficiary identification while states implementing PDS still use old classification of BPL families citing unavailability of data. NFSA is a region targeted legislation after considering recommendations of Shantakumar Commitee to reduce coverage and increase efficiency – Rural Areas(75%) and Urban (80%) whereas PDS has higher coverage NFSA guarantees entitlement of 5kg per person or 35 per family while PDS varies depending on states NFSA puts in a grievance redressal mechanism which is absent in PDS Criticism of NFSA Not Addressing Issue of Hidden Hunger: Only focus on carbohydrate rich diet and fulfilment of adequate dietary intake, lack of attention on micro nutrients or fortification of staple diet One-size fits all policy: NFSA prescribes distribution of rice and wheat in general in all regions and does not take into account geographical and cultural variations and preferences of dietary intake Financial Burden: Fulfilling the right to food in a nation of 194 million hungry can put great pressure on the state’s financial reserves grossly affecting its fiscal deficit Identification of Excluded Households: Challenge for state governments and required greater coordination between central and state governments NFSA not applicable during war, natural disasters and famine New Initiatives Required under NFSA Covering the excluded but deserving: Old, destitute, immobile and disable sections of population need to provided food security and Door to door delivery should be initiated for the same (Chhattisgarh PDS provides free meals to destitute and homeless) Addressing Issue of Hidden Hunger: Diversifying nutrient basket and fortification of staple diet to ensure adequate proportion of micro
Features and Provisions of the Constitution
Features and Provisions of the Constitution Constitutionalism It is a political doctrine which means the power of leaders and government bodies is limited by provisions that are enforced through established procedures. Constitutionalism guarantees the claims of citizens against the state and ensures powers, rights and obligations of both citizen and state are well defined in a contractual relationship. Passive Euthanasia The Supreme Court in Common Cause vs Union of India upheld Passive Euthanasia through the concept of living will whereby a patient makes an advance directive for withdrawal of medical treatment. Any adult with sound mind can express the will in clear and unambiguous terms based on informed consent. A guardian or close relative is to give the go ahead for passive euthanasia in cases circumstances within the living will arrive. Evolution of the Verdict In the P. Ratinam vs Union of India case, the Supreme Court recognized the right to die as inherent in right to dignified life. It struck down IPC 309 thus decriminalizing suicide. In the Gian Kaur vs State of Punjab case, Supreme Court reversed its stand stating that the right to die is not part of the right to life holding both euthanasia and suicide as unlawful. Right to die, the SC then opined was inconsistent with a dignified life In the famous Aruna Shanbaug vs Union of India case, the Supreme court allowed passive euthanasia in exceptional circumstances under strict monitoring of the apex court. Why Passive Euthanasia? Right to Die with Dignity: The Supreme Court has upheld that passive euthanasia can provide a dignified death to a dying patient who may be forced to undergo pain due to unwarranted medical support. The right to a dignified death is included in right to a dignified life guaranteed by Article 21 of the Indian constitution Justice Chandrachud’s Court: “To deprive a person of dignity at the end of his life is to deprive him of meaningful existence” Omission Process: As opposed to active euthanasia, passive euthanasia does not wilfully accelerate the process of death. It merely allows the natural course of death to take over suspending any medical assistance to the patient. Thus, the ethical issues arising from it are minimal in comparison to active euthanasia Pain relief: A dignified death for terminally ill patients can spare them and their family agony of being in a precarious medical condition Savings for the Family: Life support systems and medical assistance comes at great economic cost for families while they simply prolong the inevitable worsening the suffering. Euthanasia can relieve them of the meaningless financial stress that is placed on the family Scope of Passive Euthanasia on Fundamental Rights Dignified Death under Dignified Life: Widening interpretation of Article 21 Right to Bodily Integrity under Article 21 Freedom of choice of treatment under right to personal liberty in Article 21 Right to privacy as identified in Puttuswamy vs Union of India Freedom of Religion: Passive Euthanasia can be interpreted to be in line with the voluntary practice of human sacrifice in many religions. Thus, it widens the boundaries of Article 25 also that grants freedom to practice any religion. Jain practice of Santhara and Sallekhana Passive Euthanasia is also in conflict with many religions which are opposed to the idea of suicide or euthanasia Issues with Passive Euthanasia Alternative Palliative care as an option for relieving pain Right to be killed: Technological determinism in the field of healthcare may lead to involuntary and non-voluntary euthanasia giving doctors power to decide on life of a patient. Whether the consent is informed or not needs to be observed Duty to Kill on doctors on the directive of the patient Duty to Die: Right to die may be misused by some at the expense of vulnerable communities to force them into accepting death Way Forward Assess mental health of patients to ensure consent is informed and without alternatives District Level Doctors Panel: The M R Rajagopal Committee recommends a district panel to process the living will that is made of District Medical Officers Active Euthanasia Active Euthanasia refers to the practice of ending a life of an individual suffering from an incurable disease. Passive euthanasia only withdraws medical support while active euthanasia includes an active intervention to end the life of individuals Read Also Health Sector in india Supreme Court’s Stand While Passive Euthanasia remains legal through the concept of living will, active euthanasia is unlawful. Suicide involves overt acts culminating in unnatural death Issues with Active Euthanasia Possibility of Misuse: Active euthanasia performed by an act of commission can be manipulated and misused to end life of those suffering from curable diseases Lack of Awareness in Choice: The patients opting for active euthanasia may not be making an informed choice with regard to active euthanasia administering Organ Rackets: Active euthanasia might be misused to extract and sell organs of patients for illicit monetary benefits Right to Convert The scope within Fundamental Rights Article 25: Freedom of conscience to choose one’s own religion, profess and practice it. Right to convert is implicit in freedom of religion. However, the right to propagate one’s own religion does not entail the right to forceful conversion of another into one’s own Right to Privacy: The choice of a religion is an individual autonomous decision part of the individual private sphere Article 21: Individual exercises his personal liberty in converting or choosing a religion Issues Anti-Conversion laws: Implemented and in force in M.P, Uttarakhand, Jharkhand and Odisha, they have been criticized to abridge freedom choosing one’s own religion Religion not defined in the Constitution Coercive Conversions: The role of coercion in conversion for terrorism and for numerical gains has been noted. Anti-conversion laws have evolved as an instrument to tackle them. Court Judgements Hadiya vs Union of India: The SC held that the right to marry and choose religion is an intrinsic part of meaningful existence. Neither the state nor patriarchal supremacy can interfere in an individual’s decision Conclusion Right to conversion shall be an intrinsic and implicit part of freedom of conscience of religion ensured by Article 25 as long as it is without elements of fraud, allurement or coercion Citizenship Amendment Bill, 2016 Provisions of the Bill Provision of Citizenship to Religious Minorities: Amend the Citizenship Act, 1955 to make undocumented Parsis, Christians, Jains, Hindus, Buddhists and Sikhs who are migrants from Afghanistan, Pakistan and Bangladesh eligible for citizenship Reduced Requirement of Domicile Period: The amendment reduces the residency period of migrants from 11 years to 6 years Issues of the Bill Violation of Equality: The provision of citizenship to communities based on religion violates Articles 14 and 15 of
Comparison of Indian Constitution with that of other Countries
Comparison of Indian Constitution with that of other Countries Features Parliamentary Sovereignty & Judicial Supremacy The doctrine of the sovereignty of the parliament is associated with the British Parliament while the American constitution stipulates judicial supremacy. The Indian constitution occupies the middle ground by synthesizing both aspects to advocate constitutional supremacy. The scope of Judicial review is narrower in the case of Indian constitution whereas it is elaborate for U.S. This is because the Indian constitution stipulates procedure established by law as opposed to due process of law. Hence the judiciary cannot look into the justness, fairness and extent of arbitrariness of the law it can only comment on the concurrence of the procedure so defined The parliamentary sovereignty of the Indian parliament is limited by the Federal Framework Constitutional Supremacy Fundamental Rights Judicial Review Federal Unitarian Balance The Indian Constitution has a mix of federal and unitary characteristics with a bias towards Unitarian features and is thus intended to exhibit cooperative federalism (Granville Austin) or quasi-federalism (K C Wheare). It establishes a federal form of government, advocates supremacy of the constitution, exclusive subjects for state legislatures and executive, independent judiciary and bicameralism However, there also exist certain unitary features like a strong centre, single constitution, integrated judiciary, single citizenship, flexibility of the constitution, provision for emergency, predominance of parliament over state legislatures in concurrent and residue list, All India Services etc. India is identified as a ‘Union of States’ and not as a federation in American constitution. This means 2 things: Indian Union is not an agreement between different states coming together like the American Federation States hence have no right to secede from the Union unlike the American Constitution Hence the federal-unitary balance of the Indian constitution is weighed towards the unitary side as opposed to federations of Australia and U.S. In these countries, federal governments have equal powers as the centre and are able to function with greater autonomy India’s quasi-federal structure is similar to Belgium and Spain as the union government holds greater power and regulation of federal governments. All of these countries have adopted a bias towards unitary form due to vast inherent ethnic, religious and social diversity that caused secessionist fears among drafters of the constitution. Hence to consolidate the unity of the country, they adopted a quasi-federal structure in a harmonious balance of stability and ease of administration. Idea of Secularism Indian constitution stipulates a positive affinity for all religions as opposed to the negative affinity for secularism in some western countries. Hence it keeps all religions equidistant from the state. The constitution grants freedom of religion for individuals recognizing their conscience and for groups recognizing their right to manage religious affairs. It also provides safeguards for religious minorities in matters of setting up education centres and administering them in accordance with the law. The state has hence limited opportunities to intervene in religious affairs by regulating economic, political and social activity and also providing for reform in religion in India. In France and several other western countries, the secularism exhibited is of negative affinity as the state completely absolves from interfering in matters of religion. Even the public display of religious symbols is prohibited in these countries. The secularism embedded in the constitution evolved out of the need to protect religious pluralism in India whereas it evolved out of fear of religious authoritarianism in western countries. Hence Indian constitution seeks to give equal respect and protection to all religions because of the multi religious nature of Indian society Protection to Minorities Indian constitution uniquely recognizes the discrimination suffered by certain minority sections and accords specific protections for the same. The abolishment of untouchability and provision for reservation as well as the cultural and educational rights ensured for religious and linguistic minorities are evidence of the same. The Indian constitution is unique in recognizing the need to protect minorities and its diverse culture from forced homogenization by the dominant and majority sections. Such a provision arose out of the need to protect a multicultural society that celebrates plurality with the motto of ‘Unity in Diversity’ Preventive Detention The idea of preventive detention and emergency provisions are often described by critics as regressive ideals that are remnants of the colonial era. No other country or constitution calls for preventive detention while the Constitution of India empowers the parliament or state legislatures to make any law which can give effect to preventive detention. The Constitution makers also found it pertinent to include such a regressive restriction on individuals under fundamental rights part of the constitution which also entailed questions by several critics labelling fundamental rights as being highly restrictive in nature. Emergency Provisions India borrowed from Government of India Act, 1935 the provisions for emergency which would place serious restrictions on the fundamental rights of individuals. Such a provision was deemed necessary to protect unity, sovereignty and integrity of the country in the event of armed rebellion, external war or aggression A Borrowed Constitution Ambedkar proudly proclaimed that the ‘Indian Constitution had been framed after ransacking all the known constitutions in the world’ The Indian constitution borrowed several features from its Western counterparts as illustrated by the following: Political Part from Britain: The organization of polity in the country, the parliamentary form of government, balance between executive and legislature and the idea of principle cabinet government Philosophical Part from U.S and Irish: Fundamental rights was mainly inspired by Bill of Rights and DPSP was guided by the Irish Constitution Structural Part: The federal system of administration, the judiciary, governors, emergency powers, public service commission are derived from Government of India Act, 1935 Fundamental Duties and Ideal of Justice in Preamble: USSR Amendment of Constitution: South Africa Why Borrowed Constitution? How is it justified? Although the Indian constitution makers borrowed heavily from their counterpart constitutions of various countries, the amalgamation was harmoniously adapted into the Indian context. The Indian constitution is not merely a blind copy of these constitutions, but is a reflection of global values of equality, liberty and democracy that India too shares with the world community. As Ambedkar rightly noted, in the 11th hour of formation of the Indian state, it is difficult to
Constitutional Amendment Bills
Constitutional Amendment Bills Women’s Reservation Bill (108th Amendment Bill) 1/3rd of seats in Lok Sabha and state legislative assemblies 1/3rd of seats reserved for Scheduled Caste and Scheduled Tribe be reserved for women of those groups Reserved seats be allocated to different constituencies in state or union territory Reservation to cease after 15 years of the commencement of the act Constitutional Mandate The government can provide for positive discrimination by way of Article 15(1) for women and vulnerable sections to enhance their representation and empower them. Article 38(2) provides that the government shall strive to reduce inequality in status, income and opportunity among its citizens For the Bill Women Empowerment: Political empowerment through affirmative action can increase the agency of women in families and society. The evidence of panchayat reservation hold good Gender Representativeness: Currently only 10% of parliament is composed of women, the bill if passed can provide for gender diversity in voice of India’s temple of democracy Correct Patriarchal Power Structures: Improved women’s representation can equitably distribute power between genders in society Political empowerment of women can generate greater political will in resolving women specific issues like foeticide, rape, violence and social discrimination Gender sensitivity in parliamentary discussions can increase Gender Neutral Laws: Having women representation in parliament can help correct discriminatory laws of marital rape that reflects patriarchy Read All Notes by UPSC Topper Ravisankar Sarma Issues with the Bill Rotation of Constituencies may limit MP to understand and work for a specific constituency. Parties may then give ticket to male candidates Perpetuate Inequality of women as many would perceive that they are competing on favouritism rather than on merit Heterogeneous Nature: Providing reservation for women as a whole does not take into account the class, caste and power divisions among women of the country. Thus, it can bridge gender divide but may breed nepotism, favouritism and crony capitalism if women from upper classes, caste or political families are chosen No Reservation in Rajya Sabha and Legislative councils No Reservation for OBC women 123rd Constitutional Amendment Bill The necessity of the Bill No constitutional status affects fund flow and independence of the commission No authority in providing advices to state and central governments for socio-economic welfare of the backward section No power to directly look into grievances of the backward class Streamline Jurisdiction: Remove power of NCSC to look into complaints of backward classes and vest it with the NCBC The mandate of the Bill Provide Constitutional status to NCBC for improved functional authority and autonomy Provide authority to NCBC to look into specific complaints of backward classes regarding violation of rights Provide for advisory jurisdiction for NCBC regarding socio-economic development of backward classes to central and state governments Powers of civil court for NCBC to Summon people and examine oath Requiring production of document or public record Receiving evidence Investigating and monitoring constitutional and legal safeguards provided to backward classes Delineation of BCs: Under the amendment, the President is provided with the power to determine socially and educationally backward classes Present reports to President on working of safeguards and the report would be tabled in parliament and state legislative assemblies Concerns The President on behalf of Union government provided with the power to determine BCs takes away the federal power and authority vested in states to determine BCs Enroll today with the best civils service academy and take your first step towards your Civils journey. Feel free to reach out to us for any inquiries, collaborations, or support. We’re here to help. Join now
Parliament and State Legislatures
Parliament and State Legislatures Parliament and State Legislatures Structure, Functioning, Conduct of Business, Powers and Privileges and Issues arising out of this Previous Year Questions Discuss the role of Public Accounts Committee in establishing accountability of government to the people (UPSC-2017) Indian Constitution has provision for holding joint session of 2 houses of Parliament. Enumerate the occasions when this would normally happen and also where the occasions when it cannot, reasons thereof (UPSC 2017) The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this problem be addressed? (UPSC 2014) The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (UPSC 2013) Index Structure of the Parliament Role of Rajya Sabha Role of President Representation of Different States The functioning of the parliament Control on Executive and Associated Issues Committees Passing of Bills Provision of Joint Sitting Amendment Procedure and associated issues Low Productivity of the Parliament Powers of the Parliament Judicial Electoral Financial: Passing of the Budget Privileges and Associated Issues Read India Maldives Relations Structure and Functioning of Parliament The Parliament consists of the President, Lok Sabha and Rajya Sabha. It is the legislative body of the country and makes legislations regarding matters in Union and Concurrent List. It is also vested with the exclusive authority to amend the constitution of India. Why Rajya Sabha? Federal Chamber: Rajya Sabha consists of elected representatives from state legislatures. It is conceived as a chamber to check that legislations passed by the Lok Sabha are in accordance with federal nature of administration in the country and in consonance with interest of various states Check hasty or ill-conceived laws: As the house of elders and of domain experts nominated persons, Rajya Sabha also checks hasty or ill-conceived laws passed by Lok Sabha Representation to Domain Experts: The President can nominate 12 persons who are eminent personalities in various domains to be members of Rajya Sabha. Hence the house facilitates expertise without the necessity of a direct election. Role of President Check on passed legislation: President is the final authority of check before a bill becomes an act. He may withhold his assent or sent back a bill which he feels is not in the best interest of the country on behalf of the executive Dissolving the Lok Sabha: President may dissolve the Lok Sabha in lieu of advice tendered by Prime Minister or when no-confidence motion is passed in Lok Sabha. Thus he enforces the accountability of the government to the House of People Read Also President Rule Possible Question The domicile requirement of elected representatives of Rajya Sabha was taken away. How do you think it would affect the functioning and purpose of Rajya Sabha? Critically Analyse. Rajya Sabha as an institution of bicameralism was conceived to maintain the federal framework of the country. The members of Rajya Sabha are foremost representatives of the state rather than of any political party. Drawbacks of the Move Arbitrary Use: The doing away of the domicile requirement would reduce the utility of having state-wise representation. It leaves the door open for arbitrary misuse for political motives Dilutes the Federal Mandate of Rajya Sabha: Domiciles would have best upheld the federal mandate of the Rajya Sabha through an equitable representation of states Lack of Accountability: The individual states interests at the national level would have been best represented by domiciles of that state. However, the lack of the same leads to a vacuum of accountability on the assembly that elects representatives Not Aware of Ground Realities: A person who is not domicile in a state may not be knowledgeable on the priorities of the state to defend them in the Council of States. Why it is legitimate? Wider Talent Pool for Political Parties: The doing away of domicile requirement opens up opportunities for several candidates who may be more worthy and suited for parliamentary roles as compared to ones within the state Better Integration: The representation of one state by a non-domicile can facilitate emotional integration of the country and kindle the bond of oneness traversing across regional lines States’ Interests: Even candidates who are not residents of a state may be aware of interests and aspirations of the state and worthy enough to protect the same in the Council of States. Conclusion The lifting of the domicile requirement is an indication of growing partisanship in parliamentary democracies where loyalties lie first to the party than to the people of the state. Along with this concern, we can expect it to bring in a wider spectrum of more worthy parliamentarians provided political parties choose right. Composition of Lok Sabha Out of 545 members of Lok Sabha, 543 are directly elected by the people through elections. The president may nominate 2 members from the Anglo-Indian community in case he feels they are inadequately represented in the Lok Sabha. In proportion to their population, a certain number of seats may be reserved for SC/ST sections of the population. Composition of Rajya Sabha Representatives of States: Members of the council of states are indirectly elected by members of state legislative assemblies. The seats reserved for states are in proportion to their population. Representation of UTs: Members indirectly elected by electoral college constituted. Nominated Members: The President can nominate 12 persons who are eminent personalities in various domains to be members of Rajya Sabha. Hence the house facilitates expertise without the necessity of a direct election. Delegated Legislation: Parliament makes law in skeleton form and authorises executive to make detailed laws. It is also referred to as executive legislation or subordinate legislation. Read Also Gig Economy Financial PowersBudget in Parliament The Parliament is vested with the power to vote on the budget
Representation of People’s Act
Representation of People’s Act Issues in Elections in India Autonomous functioning of EC Money power in Elections Transparency in Funding Criminalization of Politics Simultaneous Elections Effectiveness of NOTA Participation of Women False Advertisement among voters Trustworthiness in Elections Elections in unstable regions Autonomous Functioning of Election Commission Article 324 states that the superintendence, direction and control of preparation of and conduct of elections to the Union and state legislatures and to the offices of President and Vice-President shall be vested in the Election Commission. Hence the EC is primarily responsible and accountable for the conduct of free and fair elections in the country. The essentials for achieving the same are laid down discretely in the aforementioned Article of the constitution Appointment of EC members Article 342(C) advocates selection of EC members on law established by the parliament Vacuum of Legislation: Currently, however, no law has been made by the parliament regarding the selection of members of ECs SC has advised to make a law regarding the same so that constitutional provisions are accounted for and members of EC remain neutral, fair and non-partisan Currently, President of India appoints Election Commission on the recommendation of the government; many have called to replace this with a collegium system similar to SC where the CEC is chosen by seniority to instil security from executive interference Administrative Powers of Election Commission Delimitation of Constituencies Registration and De-registration of political parties Design, Enforce and Implement ‘Model Code of Conduct’ Ensure a level playing field by keeping a check on the spending of all political parties Advisory Powers Possesses advisory jurisdiction on disqualification of sitting members of parliament or state legislatures which is binding on the president or governor whomsoever it may be tended to Disqualification of AAP MLAs for holding the office of profit Advices SC and HC on post-election disputes (SC in case of disputes of elections to the office of president or vice-president) Read Also Features and Provisions of the Constitution Quasi-Judicial Powers of EC The EC has quasi-judicial powers and cannot own its own initiate judicial proceedings against candidates or sitting members of parliament or legislatures. Power to settle disputes with respect to recognition granted to political parties and disputes between splinter groups of political parties It has the power to settle disputes with regard to use of symbols in elections It has the power to disqualify any candidate on the grounds of Failing to declare his election expenses Providing wrongful information in affidavit Wrongful propagation among voters through advertisements The decisions of the commission can be challenged in HCs or SCs through election petitions Should the EC be armed with contempt of court? The Election Commission has recently demanded for powers of contempt of court similar to what the judiciary holds. It was in response to allegations of biased functioning of the EVMs. EC in response has asked to be vested with contempt of court powers which would enable EC to take action against individuals or 6cgroups who engage in contempt of EC’s functioning. Removal of Election Commissioners Article 324(5) provides provision for removal of Election Commissioners including the CEC. The CEC can only be removed by the President and holds powers similar to that of Supreme Court Judge. However, other Election Commissioners can be removed via recommendation of the CEC. Currently, a petition is pending in the SC arguing that election commissioners be provided with the same protection as the Chief Election Commissioner. All commissioners are appointed for a period of 6 years or till they reach 65 years of age, whichever is earlier Independence of Commission Issues No Security of Tenure for Commissioners: Article 324(5) Expenditure of ECI not charged on CFI and thus subject to vote Appointment Process of Commission members by the Executive: Need to implement Article 342(C) Transparency in Funding Finance Bill, 2017 Removes 7.5% limit on a profit of companies that can be donated to political parties Companies need not reveal the party and the amount donated Limits cash donation to 2,000 Electoral bonds were introduced to enhance transparency in the funding of political parties during elections – Reduce Black Money: Bonds purchased through KYC forged banksà Accounted moneyà Clean Money Anonymity: Electoral bonds can serve to sever the vindictive culture in which political parties penalise donors for funding other political parties Transparency: The quantum of money received by parties is made public through audit returns Non-Electoral Features of the Act Linking Aadhar card to PAN card for monitoring the tax base or payments Excess authority for IT officials to raid without warrant or reason In cases of unaccounted wealth, IT officials can provisionally confiscate the property Concerns Opaque Process: Donors are able to remain anonymous through electoral bonds or by providing donations worth less than 2,000. Under Section 29C, political parties are exempted from mandatory reporting of details of donations made through bonds Increasing money power in elections: Electoral bonds provide an anonymous medium for parties to amass wealth while parties also have the opportunity to claim a bulk of donations less than 2,000. If so, the level playing field may be further distorted The opacity of Electoral Bonds Finance bill removes restrictions on parties to submit records of electoral bonds or income tax returns. Only certain entities are aware of the donor-recipient identities. This again promotes opacity with regard to public information Electoral Bond and Ruling Party: A government owned bank holding information of donors threatens to alienate those wanting to contribute to opposition for fear of victimization Crony Capitalism: Removal of cap on company profità Larger donations from corporatesà Lobbying + Crony Capitalismà Civilian and Environment Rights Compensated Financial transparency and accountability in the working of political parties has degraded as the political parties are still outside the RTI act Way Forward Increase Transparency in Electoral Funding: Identity of donors need to be revealed and candidates should be statutorily obligated to declare amount collected from various donors. Digital transactions can be used for funding. Auditing Mechanisms: Political parties should be enforced to submit audit reports to ECI as per section 29 of RPA, 1951 Social Audit: Political parties can be brought under the ambit of RTI act to provide avenues for social audit to enhance accountability and transparency
Role of Civil Services
Role of Civil Services Lateral Entry Advantages Domain Expertise: Lateral Entry brings much-needed specialization in departments as experts can be drafted into their own fields of work. The current generation of bureaucrats do not undergo rigorous sectoral training or do not possess background for the work of their department Reduced Political Interference: Lateral entry candidates are less likely to be coerced to take a stand in favour of a political party as compared to bureaucrats who are well acquainted with systemic corruption and political nexus Opportunity to Human Resources: Provides an opportunity for recognized individuals to contribute to the country leveraging the government’s resources Increased Competition in Bureaucracyà Increased Efficiency Public Credibility: Enhances the public image and reputation of civil services as more recognized and academically proficient individuals are given an opportunity Disadvantages Lack of Transparency in Appointment: The recruitment of candidates would not be on a clearly laid out merit yardstick thus leaving the door open for arbitrary appointments that reek of nepotism, favouritism and crony capitalism Difficulty in Adapting to the System: Experts may not be comfortable working in a bureaucratic environment and may not have the patience or the skill to deal with elements in the bureaucratic system Demoralization of the bureaucratic cadre Lack of Approachability: While generalists are largely identified as part of the citizenry, those laterally entering into civil services may not be as approachable or as people friendly as the generalists Low Interdisciplinary POLICE REFORMS Police figures in exclusive state list under 7th schedule of the constitution. Administrative Challenges Political Interference: Police institutions lack functional responsibility and are unable to function autonomously in lieu of political pressure. Hence their functioning according to rule of law in a transparent and accountable manner is hampered. Corruption: A Delhi police survey found 34% of police force to be corrupt hinting at lack of transparency and a people-centred approach in their functioning Human Resource Deficiency: According to the National Crime Records Bureau, the national police force is experiencing a shortage of half a million police officers Human Rights Violations: 35,831 cases were registered with NHRC the past year, evidence of the human rights violations perpetrated in detention and otherwise by police Lack of transparency and fairness in internal management systems: Police officers are arbitrarily appointed and transferred without any organizational backing Lack of Sensitivity: There is a need for sensitization of police cases involving vulnerable sections of society: women and children who are victims of rape, sexual assault or violence Logistical Challenges Lack of proper training Poor use of Technology: Inefficient methods of collecting and analyzing available intelligence data Use of outdated arms and equipment Long Work hours for the police SC’s Directives in Prakash Singh case Set up State security commission to Ensure state governments do not exercise unwarranted influence on police Lay down policy guidelines Evaluate the performance of state police Establish Police Establishments Board (PEB) to deal with postings, transfers, promotions and other service-related matters Security of Tenure for DGP: Ensure DGP is appointed through merit-based transparent process and is guaranteed a minimum tenure of 2 years (T.P.Senkumar Case) Ensure police officers appointed on operational duties are also provided security of tenure of 2 years Separate investigation and law and order functions of police (Kevin Case) Redressal Mechanism: Establish police complaint authority (PCA) to inquire into complaints against police officers above the rank of DYSP in cases of serious misconduct including custodial death, grievous hurt, rape etc. Establish National Security Commission at Union level to prepare a panel for selection and placement of Central Police Organizations for a minimum tenure of 2 years Read Also Constitutional Amendment Bills Way Forward States should implement SC’s directives in 2006 Prakash Singh case immediately and establish a state security commission to check the influence of political executive in the functioning of state police. This would ensure that the police system in states function autonomously in a transparent and accountable manner to establish the rule of law As states have been unwilling to implement reforms via legislation, the Union should consider moving police subject to concurrent list and itself initiate reforms Human Resource Appointment: The HR deficiency needs to be addressed and appointments should be made in as transparent a manner as possible Enhance Approachability: Police should adopt a sensitive people-centred approach and digitization of complaints can ensure better accountability on police actions. It can limit avenues for corruption and ensure citizens grievances are resolved timely. A separate body can be established to look into corruption charges of police officers. Digital Police Portal – A platform for citizens to file online crime related complaints and also request for antecedent verification Modernization of police forces enabling infrastructure assistance for transport, logistics, communication and forensic support can strengthen law and order apparatus and enhance the capability to combat terrorism The recent scheme of MPF is a step in the right direction Set up a Redressal Mechanism: Police complaints authority should be established to deal with HR violations and ensure accountability of police actions MODERNIZATION OF POLICE FORCES (MPF) MPF scheme aims at modernizing police forces to strengthen law and order apparatus in states and enhance the capability to combat terrorism Use of technology: MPF includes provisions for improving women’s security, increasing police mobility and logistics, hiring of helicopters, enhancing communication by upgrading wireless, satellite communications, crime and criminal network tracking network and systems (CCNTS) and e-prisons Main idea – To assist states in enhancing infrastructure to improve transport, communication and forensic support to tackle emerging challenges Targeted allocation for J&K and left-wing extremism affected areas 75% fund allocation by Centre reverting to the old arrangement after it had indicated earlier that in lieu of an increased share of proceedings ( Finance commission called for 42% share of revenues to states) states should shoulder the burden of MPF Crime and Criminal Network Tracking System CCNTS aims to bring all police stations in India onto one digital network in a bid to increase intelligence sharing between various police forces of states. Increased intelligence sharing can enhance states’ compatibility to terrorism and left-wing extremism as extremists are concentrated in tri-junction of states and seek to exploit the lack of intelligence sharing between state police departments. Prisons in India- Issues Overcrowding: As per NCRB data,
Separation of Powers between Organs of Democracy GS 2 UPSC
Separation of Powers between Organs of Democracy Parliamentary Sovereignty vs Executive Tyranny How does Parliament Control the Executive? Confidence of Parliament: The executive itself rests on the confidence of the legislature sans which it would collapse in parliamentary form of government In the event of a no-confidence motion being passed, the council of ministers including the prime ministers must resign from their office Questioning: The executive is subjected to questioning on the floor of the house with regard to government policies, spending and decisions for which they remain answerable to the legislature. Questions are asked during zero hours, question hour and parliament can entertain motions to discuss actions of minister or any urgent matter which needs the attention of the house Funding: Not a single paisa can be appropriated from the consolidated fund of India without the passing of an appropriation law by the Parliament. The executive’s functioning and implementation of decisions are hence liable to the financial approval of the parliament Auditing or Reporting: Several parliamentary committees perform auditing of government expenditure and aim to rationalise government expenditure. These committees have presence of opposition party members to ensure independence in its functioning. Public Accounts Committee: It consists of 15 members from Lok Sabha and 7 members from Rajya Sabha, a minister cannot be its member. Executive Gaining Control over Parliament The independent secretariat of the parliament which performs the functions of admitting questions, preparing reports of committees and other functions involving legislative scrutiny of the executive generally is free from the ruling party members. Over the years, its independence has been affected by the infiltration of the secretariat with majority party members eventually weakening legislative control over executive. The summoning of the sessions of parliament is the prerogative of the President under the advice of the executive. Delay in sessions or reduced sessions of Parliament tilts the balance of power in executive’s favour as it is less susceptible to legislature control. Such a situation is not ideal in a democracy that seeks to be stabilised by adequate checks and balances. Ordinance Promulgation Introduction: Article 123 and 213 confers the power to promulgate an ordinance to president and governors respectively. The rampant re-promulgation of ordinances by Union and state executives has raised the question of the damage of ordinance powers to the Separation of powers doctrine. Executives have arbitrarily misused this power to circumvent legislatures effectively hijacking the will of the people. Read Also Constitutional Amendment Bills Why Ordinance? Our founding fathers conceived ordinance as an emergency tool to deal with emergent demands of the executive when the legislature is not in session. In such situations, the President could promulgate an ordinance subject to later ratification of the Parliament. Limitations of Ordinance Legislature not in session Cannot be used for an amendment Must be passed by legislature after reconvening within 6 weeks. Parliament can overturn ordinance by passing resolutions Satisfaction of President that there is need for immediate action (Cooper Case) Why Abuse of Ordinances? The reluctance of executive to face legislature Attempt to circumvent houses due to lack of majority Repeated and wilful disruption by opposition parties Consequences of Ordinance Abuse Undermines Separation of Powers: The abuse of ordinance making power threatens the sovereignty of parliament and state legislatures that are constitutionally mandated with law-making powers. (Krishna Kumar Singh) Reduces Accountability of executive: Frequent ordinances are a gateway for executive tyranny and colourable legislation. It circumvents arguments and deliberation that are core values of parliamentary democracy Poor legislations: The circumvention of legislature in law making reduces its efficacy and aptness. Ordinances may reflect the idea of ruling party alone, it thus dilutes representativeness and fractures the will of the people (D. C. Wadhwa) Omissions and Commissions: The omissions and commissions done under an ordinance later repealed continue to have legal footing. Thus, ordinances can be manipulated to be a temporary instrument of abuse. (Krishna Kumar Singh: 2nd point) Threatens federal Spirit: Frequent ordinances circumvent the council of states. Thus, the opinion of state governments is not sought in law formulation that affects them. This undermines the federal spirit of constitution Read Full GS Notes Judgements of Supreme Court The subsequent re-promulgations of these ordinances have been antithetical to the spirit of the Constitution as observed by the Supreme Court in its various judgement. Cooper Case: The Supreme Court opined that the President’s satisfaction in promulgating an ordinance can be justiciable. Thus, a judicial check was placed to evaluate the need for an ordinance to safeguard the separation of powers doctrine C. Wadhwa Case: Here, the court took up successive ordinance re-promulgations. Such ordinances that are passed repeatedly without any text change aiming to subvert the legislative process can be struck down as violative of the constitution, the court held. It was held that ordinance making power is not one of parallel legislation Krishna Kumar Singh vs State of Bihar: Failure to place ordinance before legislature is abuse of power and fraud on the constitution Here, the court looked into the need for undoing of acts sourced on the ordinance. The court held that ordinance is not a temporary legislation as it is not a creature of the legislature. It held that an independent evaluation is needed to assess public interest before undoing of acts Conclusion The executive shall show self-restraint and use ordinance power only in the spirit of the constitution. As an emergency instrument, ordinance is utilitarian, yet its existence cannot be manipulated to subvert separation of powers, parliamentary sovereignty and democratic will of the people. Office of Profit The term despite being used in a number of places is not defined in the constitution. It is used to denote executive appointments. Thus, it has executive characteristic meaning members of other organs of governance shall keep away from them to ensure the independence of organs and separation of powers. Articles 102 and 191 provide for disqualification of MPs and MLAs if they hold office of profit. Exemption is provided for ministers or if such a law exists. Article 103 states that if a question arises on the said disqualification, it shall be referred to the President’s decision who shall consult the ECI and act accordingly. In the Maulana Abdul Shakur vs Rikhab Chand (1958) case, the SC had defined the concept of office of
Constitutional Bodies – Powers, Functions and Responsibilities
Constitutional Bodies – Powers, Functions and Responsibilities Competition Commission of India Mandate Prevent practices having adverse effect on competition To promote and sustain competition in markets Protect consumer interest Ensure freedom of trade carried on by other participants in markets of India Issues InvolvedNational Commission for Minority Educational Institutions (NCMEI) Mandate: NCMEI established to protect and promote unique culture and traditions of linguistic and religious minorities. Powers of NCMEI Determination of Minority Institution: The Supreme Court judgement in the NCEMI vs State of West Bengal noted how the NCMEI Act provided it with power to determine and fix minority status for institutions Powers of Appeal: The 2006 amendment to the NCMEI Act enables it to function as a court of appeal against order of competent authority regarding minority status Investigative Power: The NCMEI can suo motto power to enquire into complaints of violation of rights of minorities to establish and administer educational institutions of their choice as guaranteed by Article 30 of the constitution Promote and Preserve: The NCMEI can undertake activities to promote and preserve minority status and character of institutions in spirit of Article 29 of constitution Cancellation of Minority Status Why Minority Status should be retained? Article 30(1): Right to establish and administer educational institutions of their own choice within confines of law. Article 26(a): Religious organizations can establish institutions for charitable purposes. MEIs providing education to minority youth can be considered such. Eg: AMU and JMIU Article 38: Mandates state to reduce inequality. MEIs can serve as instrument of same Kerala Education Bill Case: SC restricts power of state in revoking minority status and depriving minority of rights conferred by Article 30 Arguments for doing away with Minority Status Article 27: State funding of minority institutions directly contradicts Article 27 that states that the state shall not use its proceeds for the maintenance of any particular religion Azeez basha Case: SC argued institutions like the AMU set up by acts of parliament and not by minority community cannot be granted minority tag No reservations for other communities in these institutions raising concerns of constitutional propriety of minority institutions Article 30(1) vs Article 29(2): The denial of admission to minority institutions for citizens of non-minority background contradicts Article 29(2) that guarantees non-discrimination on ethnic, caste, race or language grounds. Read Also Centre-State-Local Relations Privileges Out of reservations No 25% RTE Merit based admission process Freedom of fee structure Challenges faced by MEIs No substantial Autonomy: Dependence on government for funds Maladministration: Mismanagement and corruption plague private minority institutions. The Supreme Court in the Malankara Syrian Catholic College Case stated that the right to establish and administer minority educational institution does not include the right to Thus, the state can enforce regulatory measures to ensure educational character, standards and maintain excellence Selling of minority seats Rent seeking Behaviour due to RTE 25% reservation exemption National level Exams like the NEET has taken away autonomy of MEIs in choosing students Way Forward More autonomy in designing and operationalizing curriculum Minority status shall not be revoked as it threatens the constitutional safeguards for minority communities, their culture and education Exemption from RTE needs to be reviewed A separate linguistic minority criterion to be evolved in order to ensure language inclusive education for linguistic minorities Ambiguities and gaps in management shall be bridged Election Commission of India (ECI) ECI is vested with the power of superintendence, direction and control for the conduct of elections to Parliament and State Legislatures, elections to offices of President and vice president. It is an independent constitutional body (deriving its powers from Article 324) constituted of a Chief Election Commissioner and other commissioners. The Chief Election Commissioner is appointed by the President and holds security of tenure. His stature is equivalent to that of a SC judge. However, the other two commissioners can be removed by the president on recommendation of the CEC. Hence, they do not hold security of tenure. Advisory or Quasi-Judicial Powers: Pre-Electoral Prohibition: If a candidate has failed to lodge an account of his election expenses within the time and in the manner set by law, the ECI can prohibit his candidature Post-Electoral Disqualification: ECI has advisory jurisdiction regarding matters of ineligibility for sitting MPs and MLAs. The SC and HC also approach the ECI for its recommendations in cases involving persons found guilty of dishonest practices in election. The judgement of the commission shall be binding on the President Settlement of Disputes: Regarding recognition of parties and allotment of symbols Administrative Powers: Territorial Demarcation: Decide territorial areas of electoral constituencies throughout the country on the basis of Delimitation Commission Act of Parliament Preparation of Electoral Rolls: Periodically amend electoral rolls after registration of newly qualified voters and exclusion of voters who passed away Schedule of Election: ECI decides date of elections and imposes a model code of conduct in constituencies where election takes place Recognition to Political parties and Allot symbols Functions of the ECI Free and Fair Elections: ECI holds the superintendence, control and direction to conduct elections for MPs, MLAs, offices of President and Vice-President. Hence it is given the constitutional authority to administer elections and ensure it is expedited within the framework of rules and regulations Decorum of Democracy: ECI enforces the Model Code of Conduct during the period of elections to ensure a level playing field where voters are not unfairly mobilised by political parties Controlling Money Power in Elections: All candidates must declare an affidavit declaring their assets and also submit before the ECI his election expenses and it must be within the limits set by the ECI. Each political party must submit audited financial reports regularly Responsibilities Supervise, direct and control of elections Set down rules and regulations for election Determine constituencies and prepare electoral rolls Allot symbols to parties and candidates Appoint tribunals for decisions of doubts and disputes arising out of or in connection with the election to Parliament or State Legislatures For achieving its desired objectives, it necessary to ensure that regulatory institutions remain autonomous and independent. Discuss in the light of experiences in the recent past. ECI delayed enforcing the Model Code of Conduct which many have pointed out does undue favours to the ruling party at the centre. Why EC must be independent? Fair Elections: An independent body that is
