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
Health Insurance Policy
Health Insurance Policy Rashtriya Swastiya Bima Yojana (RSBY) An insurance policy of the government that targets lower-class workers, street vendors, disabled and senior citizens in India. All stakeholders under RSBY have a lot to gain: Government – Health of its citizenry, Demographic Dividend Private insurance companies – Premium through increased coverage Hospitals- Patients to provide service Public – Health benefit . Features Low Premium: Health insurance is provided at frivolous rate of 30 rupees annually Mandatory Hospitalization: A patient must get hospitalised to avail benefits under RSBY Vulnerable Sections: Targeting senior citizens, street vendors and differently abled Freedom of Choice: Patients can avail services from any hospital- private or public using RSBY Limit of 30k as insurance Criticisms Mandatory Hospitalization: 70% of India’s OOPE is on outpatient care while RSBY addresses affordability on the inpatient hospitalization part Poor Quality: The failure of RSBY in states like Bihar with huge health infrastructure deficit and its success in Kerala illustrates that a good health infrastructure is a pre-requisite for RSBY’s success Low insured amount: RSBY provides for only 30,000 Rs insurance coverage which is considerably low considering the expenses incurred in tertiary hospitals for specialised diseases – CVD, cancer etc. Nexus between hospitals and insurance companies False diagnosis and other unethical practices of private companies Evaluation RSBY has been largely unsuccessful in reaching its coverage targets or reducing OoPE significantly among the poor. Poor Targeting: Half of those enrolled in RSBY belong to the non-poor category Low Utilisation: Although coverage was substantial, the hospitalization cases that ended up using RSBY was limited Low Impact on OoPE: Payment requirements for drugs, diagnostic, inpatient and transport services have hindered the reduction of expenditure as envisaged by RSBY. Regional Disparity: RSBY performs better in states such as Kerala that have a robust healthcare delivery system Ineffective Regulation and Monitoring: RSBY has been manipulated by private health centres and insurance companies to exploit the patients through unethical practices and false diagnosis. National Health Protection Scheme Launched in the 2018 budget, the NHPS has greatly enhanced its coverage to 10 crore families for 5 lakh(per family) insurance amount. It is targeted at reducing out of pocket expenditure of vulnerable sections of society. According to world bank, 62.4% of total health expenditure in the country was out of pocket as of 2014 Features of the Scheme Funding: NHPS is a centrally sponsored scheme where funds are shared between centre and state. The NHPS is also backed by the revenue-generating power of 1% cess. High insurance amount: While the RSBY suffered from lowly insurance fixed at 30k, the NHPS has stepped up the insurance covered for hospitalization to 1 Lakh. Greater Coverage: The NHPS aims to cover 40-50 crore individuals in vulnerable sections of the population and is thus mandated as the largest healthcare scheme in the world Issues in the NHPS Centralized Scheme: The NHPS is introduced as a centrally sponsored scheme but the role, consent or the fiscal capability of the states are not clearly elicited or evaluated by the centre. Many states like Odisha and Kerala have expressed non-willingness to join the scheme Ignorance of Primary Healthcare: The NHPS is an addition to the many insurance schemes that focus solely on secondary and tertiary health care expenses. The poorest in India continued to be plagued by diseases that need treatment at the primary level. Privatization of Healthcare: NHPS creates an insurance-driven culture of healthcare that may lead to private sector domination in the healthcare system. This entails concerns of regional disparity, commercialization of healthcare and neglected diseases and sections High Fiscal Burden: NHPS is the largest health insurance scheme in the world. Providing insurance for 50 lakh people poses a huge financial challenge to the state given its FRBM commitments Way Forward Primary Health Insurance: India should emulate the examples of Thailand (30 Baht scheme) and Indonesia (social health insurance) in strengthening its primary health care system for achieving universal coverage Basic Health Infrastructure: The health insurance schemes can realize their benefits only when backed by adequate infrastructure as illustrated by the success of RSBY in Kerala. The public expenditure needs to be increased by at least 2% of the GDP. Careful Design and Regulation of Private Sector: The insurance company-private healthcare nexus needs to be avoided by the state. An independent regulator can be put in place for the same Public Health Insurance Model: India may adopt the K model of public health insurance rather than the American model of private health insurance Customized Model: Health being a state subject and each state has a different set of problems, a one-size-fits-all policy is unwanted. A customized model of NHPS can be introduced to protect federal interests Conclusion NHPS is an illustration of the government’s commitment towards Health for All. However, such an ambitious initiative needs to be state-led and state-owned with participation across governments and healthcare systems to achieve convergence with the SDG of achieving universal health coverage. Challenges of Ayushman Bharat Initiative Fiscal Burden: Government would need to significantly raise its expenditure on health to at least 4% of the GDP to ensure the implementation of the programme Lack of HR expertise: According to the MoHFW’s manpower statistics, there is a shortage of more than 8000 doctor vacancies in the primary sector. Unless these equations are corrected, India’s dream of 1.5 lakh health and wellness centres would remain futile Infrastructure Shortage: Indian hospitals may not be able to accommodate the rising demands of health care on the back of the Ayushman Health programme. The bed to population ratio needs to be raised to 1.7 per 1000 from 0.9 according to FICCI-EY report Cooperative Federalism: The states need to contribute 40% of the funds as per the programme and Health is a state subject. Great synergy is required to be developed between existing state health insurance schemes and RSBY to NHPS 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
What is The Epidemic Diseases Act, 1897
Epidemic Diseases Act Following the 2019–20 coronavirus pandemic the Cabinet Secretary of India on 11 March 2020 announced that all states and UTs should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897. What is The Epidemic Diseases Act, 1897 The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Bombay state in former British India. The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease. The Act has been routinely used to contain various diseases in India such as swine flu, cholera, malaria and dengue. In 2018 the Act was enforced as cholera began to spread in a region of Gujarat. In 2015, it was used to deal with dengue and malaria in Chandigarh and in 2009 it was invoked in Pune to combat swine flu. Currently, it is being used to control the spread of COVID 19 (novel CoronaVirus) On March 11, the central government had asked states and Union territories to invoke the Epidemic Diseases Act, 1897 to ensure that the advisories from the Union Health ministry can be enforced in places affected by the COVID-19 outbreak. The Maharashtra government enforced the Act on the midnight of March 13. The Act, among other things, states that any person violating the orders of the government will be punished under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code. It also gives legal protection to officials who are implementing it. Connection with Modern Indian History: To control the spread of the disease, special powers were needed and the British rulers enacted the law giving extraordinary powers to officials. A Special Plague Committees was established with ICS officer WC Rand as its head. No one will disagree that among common people, hygiene was an issue. While the law was a necessity, but the way British officers and soldiers implemented the Act was brutal and inhuman at times. In spite of voices raised at the time by people, including Lokmanya Bal Gangadhar Tilak, the practice continued. The anger among people led to Chapekar brothers assassinating Rand. There can be different opinions about whether what Chapekar brothers did was right or wrong. It certainly was an expression of a populace living under a foreign rule.” On the night of June 22, 1897, three Chapekar brothers — Damodar, Balkrushna and Vasudeo — shot at Rand after he was returning along with his military escort from the celebration of Diamond Jubilee of the coronation of Queen Victoria. The celebrations were held on the campus of government house that now has Pune University campus on it and the incident had taken place on today’s Ganeshkhind Road. 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
Best IAS academy in Kerala, Trivandrum
Best IAS academy in Kerala, Trivandrum Civil service is not just a job but a world of unparalleled opportunities and experiences. Rightly so, it takes persistent hard work in the right direction with unwavering motivation to be a civil servant. The competition is immense, the syllabus is plenty and each step should be carefully planned. One can surely tread this path on their own. But the productive boost, an institute like CIVILS360 IAS ACADEMY can add to your preparation is immense. Our seasoned mentors with their rich experience can help you adapt to the exam requirements in the shortest time. Its no coincidence that in the few years since inception we have produced unparalleled results in every stage of the exam. All our faculties are chosen after a rigorous selection process and only those with very high marks in their respective subject in the actual civil service exam are given teaching offers. We ensure their 24*7 assistance to help students for seamless preparation. It’s one of the many factors that make CIVILS360 a class apart from the rest. When most of the institutes are grappling with the corona crisis and trying to finish the due portions, CIVILS360 IAS ACADEMY had completed the classes of prelims cum mains batch well in advance and had already started the revision classes. Watch Classes on Youtube Click Here It’s not just the reflection of our exemplary professionalism but the extra mile we walk to honour the trust you have on us. The integrated teaching approach of CIVILS360 IAS ACADEMY that provides comprehensive coverage for all three phases of this exam makes it the best coaching institute in Kerala. A huge number of civil service aspirants flocking to Trivandrum every year seeking our help is not just a reflection of our professionalism but the commitment and dedication of our whole staff which makes us the best IAS academy not just in Trivandrum but in the whole Kerala. Civils360 IAS ACADEMY is the only institute in Kerala, and perhaps in India that provides personal feedback to every student after each test. This is one of the many reasons CIVILS360’s PRELIMSURE and MAINSURE test series are the best and most sought after test series in India. Try Free Prelims Daily Test Here If you are looking for the Best Civil Service academy for your preparations look no further.CIVILS360 IAS ACADEMY with its offline centre at Trivandrum can provide you with the best coaching that can equip you to crack this exam in less that one year. Our dedication to students doesn’t end with casual classes.Its extended to providing personal mentorship,24*7 assistance, periodic improvement appraisal and every helps that will prepare you to crack this exam in the first attempt itself. Addressing the needs of this exam in its wholeness is what makes CIVILS360 the best IAS academy not just in Trivandrum but in whole Kerala. Admission Started for Comprehensive Prelims cum Mains Batch 2022 Address Civils360 IAS AcademyKarunalayam Lane, G.H RoadPalayam, TrivandrumEmail enquiry@civilscopy.adsomia.inCall 8138 000 360 Contact Us Now Name *Email *Mobile Number *SubjectComment or Message *Send Message 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
What is Vande Bharat mission?
What is Vande Bharat mission? Vande Bharat mission is the massive repatriation operation planned by the Indian government to bring back stranded Indians in different parts of the world in the wake of the coronavirus crisis. In the first phase that started on May 7, more than 60 “non-scheduled, commercial” flights will operate from about 12 countries to bring back 15,000 citizens. The second phase of the Vande Bharat mission in the third week of May is expected to cover European nations. Citizens in distress will be brought back on commercial aircraft and naval ships based on lists prepared by India’s embassies. The Navy has named its evacuation effort ‘Operation Samudra Setu’. Indian Navy’s INS Jalashwa and INS Magar are operating to bring back Indian citizens from the Maldives while INS Shardul and INS Airavat set sail to the UAE. Air India and its subsidiary Air India Express will operate 64 flights to bring back stranded Indians from 12 countries. The passengers have to pay the cost of travel. Criteria for passengers: Those who fit the parameters include people facing deportation, migrant workers who have been laid off, short-term visa holders, people with medical emergencies, pregnant women, elderly persons, a person who has lost a near one, tourists and students whose colleges and hostels are shut. Read Also Global Energy Transition Index 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
Virtual court
What is Virtual Court In the wake of Coronavirus pandemic, the supreme court has passed direction for all courts across the country to extensively use video conference for a judicial proceeding It will not only reduce cost but also lead to speedy disposal of cases The supreme court exercised it’s plenary power under article 142 to direct all high court to frame a mechanism for use of technology during a pandemic The supreme court is moving technological advancement for its functioning and is conducting hearings through video conference since March 25 ,to maintain. Social distancing Virtual court is a concept aimed at eliminating the presence of litigants or lawyers in the court and adjudication of cases online A virtual court means a location in which matters of law are adjudicated upon,in the presence of qualified judges and which has a well developed technical infrastructure OBJECTIVE To develop install and implement a decision support system in court To automate the process to provide transparency and accountability of information to its stakeholders To enhance judicial productivity both quantitatively and qualitatively,to make the court system affordable accessible and cost-effective Videos for UPSC Preparation Check Now ADVANTAGES It will ensure easy access to justice, an affordable court for all sections of society The productivity of court will increase substantially and long wait at the courtroom will become an exception than a norm If these facilities are extended to civil cases the efficiency will double CHALLENGES The virtual court will also prove to be cost intensive because setting up of state of the art e court will require the deployment of new-age technology Hacking and cybersecurity will be huge concern Change can erupt due to insufficient infrastructure and non-availability of electricity and internet connection WAY FORWARD To address the challenge the first and foremost step is to draw up a policy for encouraging the setting up of e-court Another important step is the need to upgrade the present state of infrastructure.The government need to identify and develop infrastructure that would be required to support virtual court programme For admission and contact click here 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
