Feb-17P Flashcards
1.1. REFORMS IN FUNDING TO POLITICAL PARTIES
Why in news?
The union budget 2017-18 announced certain reforms to bring transparency in funding to political parties. Reforms
The maximum amount of cash donation that a political party can receive will be 2000/- from one person.
Political parties will be entitled to receive donations by cheque or digital mode from their donors.
An amendment is being proposed to the Reserve Bank of India Act to enable the issuance of electoral bonds (India will be the first country in the world) in
accordance with a scheme that the Government of India would frame in this regard.
Every political party would have to file its return within the time prescribed in accordance with the provision of the Income-tax Act.
The existing exemption to the political parties from payment of income-tax would be available only subject
to the fulfillment of above conditions.
Background
Election Commission had asked the government to amend law to ban anonymous contributions of Rs. 2000 and more to political parties.
Association for Democratic Reform highlighted in its report that 75% funding to parties came from anonymous sources between 2004-05 to 2014-15
Impact
It will help to root out the problem of financing of Political Parties using black money.
Money power in elections will decrease significantly as parties can now accept only up to RS 2000 in cash.
Functioning of Political Parties will become more transparent and thus become more accountable towards public.
It will reduce nexus between big corporate houses and political parties.
In long term it will result in ethical politics and reduction in criminalization of politics.
Challenges
The proposal does not disrupt the flow of illicit political donations but only channels it differently, and will not reduce the proportion of cash from unverifiable sources in the total donations received.
The political parties would now have to do is to find more people to lend their names to these donations, hence transparency would still be compromised in funding.
Electoral bonds provide a mechanism of anonymity for its buyers. The move though aimed to safeguard general public can be used by corporate houses to fund political parties to develop nexus with party at the receiving end.
The Budget makes it mandatory for political parties to file returns within a time limit, but in the absence of extreme penal provisions compliance is likely to be low.
Way forward
There is a need to put cap on funding by big corporate houses. Such donations should be made public as done in US. Also, law could be enacted to prohibit political parties giving any undue benefits to corporates
Political parties should be brought under the ambit of RTI as followed in countries like Bhutan, Germany etc.
Budget should have placed a cap on the amount a party may receive in cash as a donation.
State funding of elections should be considered as recommended by Dinesh Goswami committee (1990).
To ensure transparency stricter provisions should be enacted so that parties maintain list of donors and which can be scrutinized easily by IT department.
The funds of the political party should be audited by an independent auditor .The responsibility should not be given to the inside auditor. The details should be placed in public domain.
Box–1-Electoral bonds
The bonds will only be issued by a notified bank.
It could only be bought using cheques or digital payments.
The bonds purchased by donor will be given to a political party for a fixed period of time.
A political party using their notified bank account can convert these bonds into money.
All political parties are required to notify their bank account to the Election Commission.
This bond will be like a bearer cheque which will facilitate donor’s anonymity.
Box–2-Arguments in favour of state funding
State funding increases transparency inside the party and also in candidate finance, as certain restrictions can be put along with state funding
State funding can limit the influence of wealthy people and rich mafias, thereby purifying the election process
Through state funding the demand for internal democracy in party, women representations, representations of weaker section can be encouraged.
In India, with high level of poverty, ordinary citizens cannot be expected to contribute much to the political parties. Therefore, the parties depend upon funding by corporate and rich individuals
Box–3-Arguments against state funding
Through state funding of elections the tax payers are forced to support even those political parties or candidates, whose view they do not subscribe to.
State funding encourages status quo that keeps the established party or candidate in power and makes it difficult for the new parties.
State funding increases the distance between political leaders and ordinary citizens as the parties do not depend on the citizens for mobilization of party fund.
Political parties tend to become organs of the state, rather than being parts of the civil society
–Fig–
1.2. MINISTRY OF URBAN DEVELOPMENT: NEW REFORM MATRIX
Why in news?
Ministry of Urban Development has evolved a new reform matrix to enable State and City Governments to implement reforms over the next three years for a turnaround in urban governance, planning and finance.
Major Reforms Suggested in the Reform
Moving to a Trust and Verify Approach:
The present system requires verification first and then issuing approval. Instead trust needs to be reposed in the citizens and approvals may be accorded first and to be verified later.
This approach has been recommended in respect of Permissions for building construction, Change of title in municipal records (mutation) and Birth and Death registration, involving the largest number of physical interactions between city governments and citizens.
Formulating Land Titling Laws:
As per McKinsey over 90% of the land records in the country are unclear. Land market distortions and unclear land titles cost the country 1.30% of GDP per year.
This calls for enactment of Land Titling Laws and their implementation in a specific time frame.
Credit Rating of Urban Local Bodies (ULBs) and Value Capture Financing:
Total revenues of the municipal sector accounts for only 0.75% of the total GDP which is 6% for South Africa, 5% for Brazil and 4.50% for Poland.
So, municipalities need to recover some of the value it creates for private individual. This can be done by issuing Municipal Bonds for meeting the capital expenditure needs of cities.
Improving Professionalism of ULBs:
As per Goldman Sachs, a bureaucracy that is based on merit rather than seniority could add nearly a percentage point annually to the country’s per capita GDP growth.
Also, shortage of qualified technical staff and managerial supervisors in ULBs prevent innovation.
Professionals in city governments should be inducted by encouraging lateral induction and filling top positions in cities through open competition.
Steps to Incentivize Above Steps
Increase Reform Incentive Fund from Rs.500 cr during 2017-18 to over Rs.3, 000 cr per year over the next three years of implementation period.
Ranking of Cities based on performance under each reform category for providing reform incentive under AMRUT Guidelines.
Introduction of new initiatives viz., Transit Oriented Development Policy, Metro Policy, Green Urban Mobility Scheme, Livability Index for Cities, Value Capture Policy and Fecal Sludge Management Policy.
1.3. NEW CBI LAW
Why in News?
Government of India (GOI) turned down the recommendation of Parliamentary Standing Committee on
Personnel, Public Grievances, Law and Justice (PSC) on a new law for the CBI.
Background
Supreme Court in Vineet Narain case gave
reforms for making CBI independent.
SC ruled that the Director of the CBI should be
appointed on the recommendations of a
committee headed by the Central Vigilance
Commissioner, Home Secretary and Secretary
in Department of Personnel as members.
Earlier Supreme Court (SC) has termed CBI as
a caged parrot with many masters on account
of political interference in CBI’s functioning.
PSC 85th report wanted to replace Delhi
Special Police Establishment (DSPE) Act of
1946 by a new CBI law.
Need of an independent law
Effective Cadre management- Currently,
vacancies in CBI have to be plugged through
State or other Central forces. So, under a
separate law, CBI could manage its cadre more efficiently.
Administrative autonomy- CBI Director should be given the powers of ex-officio Secretary to allow direct reporting to the Minister of Personnel reducing the hassles in going through DoPT for even basic administrative issues.
Financial Powers- Currently the CBI is not financially independent, thus making it prone to being interfered by the government.
Issues involved
New CBI law will have to be passed by a constitutional amendment in State List relating to law and order which may violate the spirit of cooperative federalism.
CBI powers are misused for vested gains leading to poor transparency and accountability of the agency to the people at large.
Significance of the report
A new law will make CBI a statutory body, thus giving it more autonomy to function and reducing political interference.
CBI is involved in multiple functions making it a large monolithic organization. A new law will clearly define its roles and responsibilities.
Steps taken by government to strengthen CBI
Operationalizing CBI courts for effective prosecution.
CBI has been exempted from consultation with UPSC for recruitment to the post of DSP for a period of 3 years in 2017.
Advanced Certified Course for CBI officers to enhance their investigation skills, forensic data collection, collection of evidence, skills etc. by training from National Law School of India University and IIM Bangalore.
Various schemes for Modernization of training centers in CBI, CBI e-governance, comprehensive modernization of CBI branches/offices etc are being implemented.
Way Forward
The role, jurisdiction and legal powers of the CBI need to be clearly laid down. It will give it goal clarity, role clarity, autonomy in all spheres and an image makeover as an independent autonomous statutory body. Therefore CBI law will be a step in the right direction. Apart from this Lokpal Bill and CVC should be strengthened to make CBI truly robust.
Box–Central bureau of Investigation
It is the main investigation agency of the central government for cases relating to corruption and major criminal probes.
It has its origin in Special Police Establishment set up in 1941 to probe bribery and corruption during World War II.
CBI was set up by a resolution of Ministry of Home Affairs in 1963 after Santhanam committee recommendation.
Superintendence of CBI rests with CVC in corruption cases and with Department of personnel and training in other matters.
Presently it acts as an attached office under DOPT.
Although DSPE Act gives legal power to CBI, CBI is not a statutory body as:
Word ‘CBI’ is not mentioned in DSPE act.
Executive order of MHA did not mention CBI to be constituted under DSPE Act.
Functions of CBI include solving:
Corruption Cases
Economic Crimes like financial frauds, narcotics,
1.4. REVIEW OF STATUS OF ATTORNEY GENERAL UNDER RTI
Why in news?
The Delhi HC ruled that the office of Attorney General (AGI) does not come under the ambit of RTI Act as it is not a public authority under section 2(h) of the act.
Present status
Recently a two judge bench of HC held that AG is not a
public authority because:
The relationship between AG and GOI is of a lawyer and client as AG is appointed under article 76 of the constitution to provide advice on legal matters to the government.
AGI maintains a legal and trustworthy relationship with the Government of India and does not occupy an office of profit and hence cannot be held to be a “public authority” within the meaning of Section 2(h) of the RTI Act.
As the functions performed by AG are similar to an advocate thus he is not empowered to change relations or rights of others. Hence AG can be considered a public authority under the act.
The essential services provided by the AGI are to advice the
Government upon legal matters and perform other duties such of a legal character as may be assigned.
Further AG cannot put in public domain his opinions or materials forwarded to him.
Box–Various constitutional provisions related to AG include:
Article 76 mentions about AG as the highest legal officer in the country.
Article 88 mentions about rights of AG with respect to the Houses of Parliament and its Committees, which includes:
He has the right to speak and to take part in the proceedings of both Houses of Parliament and their joint sittings and any committee of Parliament of which he may be a member.
But he does not have the right to vote in the Parliament.
Article 105 defines that powers, privileges and immunities of AG are similar to Member of Parliament.
1.5. EXIT POLLS
Why in News?
FIRs were filed in Uttar Pradesh against the editor of Dainik Jagran and the head of the surveying agency, Resource Development International (I) Pvt. Ltd after they let publish the results of an exit poll online.
Issues involved
Supreme Court in PUCL case (2013) acknowledged the importance of free and fair elections.
It is alleged that both opinion polls and exit polls hinder the conduct of free and fair elections.
Influence of Paid news has further increased the resistance to such polls.
Voters also have a fundamental right to information and media through exit and opinion polls.
Background
In 1998 Lok Sabha and State Assembly polls, Election commission introduced guideline under Article 324: While carrying the results of exit and opinion polls, newspapers and channels shall disclose-
Sample size of the electorate
Details of polling methodology
Margin of error
Background of the polling agency
In 1999, guidelines were challenged by media and a Constitutional Bench said that ECI cannot enforce guidelines in the absence of statutory sanction. Therefore ECI took them down.
In 2004 ECI gave recommendation to amend the Representation of the People Act 1951 to ban both exit and opinion polls during a period as specified.
In 2010, restrictions were imposed only on exit polls through the introduction of Section 126(A) in the ROP Act 1951.
Significance Opinion and Exit polls are useful to gain insight into what people think of the policies and programmes of the government. Polls also help people get aware about their rights. It helps the voters decide better thus enhancing our deliberative democracy.
Criticism
Proposal to ban Exit polls is considered to
be a move against freedom of speech and
expression.
Critics say they opinion and exit polls are
politically motivated and influence the
choice of the voter unfairly.
Way Forward
An independent regulator that could set
up standards of professional integrity for all
poll research and accredit the agencies
better scrutiny.
The regulator can also be empowered to
setup standards on parameters of survey
like sample size, sampling methodology, timeframe, quality of training of research staff etc.
Box–Exit poll
An exit poll is a post-election survey conducted immediately after people have voted.
Exit poll results cannot be published till the last round of elections is over. It covers even other states when polls are being held in more than one.
For eg. In 2017 state elections in Punjab, Goa, UP, Uttarakhand and Manipur, exit poll results cannot be published till voting for the current round of elections in these five states ends.
EC bans exit polls from the time the poll begins till half-an-hour after the polling ends.
Opinion Poll
An opinion poll is a pre-election survey to gather voters’ views on a range of election-related issues.
Results of any opinion poll or any other poll survey in any electronic media is prohibited during the period 48 hours, including the hour fixed for conclusion of voting in each of the phases in connection with the elections.
Global Practices
Sixteen European Union countries ban reporting of opinion polls 1 to 24 hours before polling.
In the United States, opinion polls and its publication is an integral part of free speech in elections. The only restriction is to not report likely outcomes from exit polls before voting.
1.6. ARTICLE 370
Why in news?
Scenes of pandemonium were witnessed in J&K Assembly following statement of Chief Minister Mehbooba Mufti in which she termed those acting to weaken Article 370 as anti-nationals.
Background
Jammu and Kashmir High Court (in Oct 2015) had ruled that Article 370 has assumed place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation.
However, the Supreme Court said that only Parliament can take a call on scrapping Article 370 that accords special autonomous status to Jammu and Kashmir.
The Supreme Court in a fresh appeal in November, 2016 has agreed to examine the inviolability attached to Article 370.
Article 370, Article 35A and other aspects of J&K’s special status have been challenged in four important cases in the Supreme Court and two in the Delhi High Court.
About Article 370 and Article 35A
Article 370 of the Indian Constitution is a ‘temporary
provision’ which grants special autonomous status to Jammu and Kashmir.
Except for defence, foreign affairs, finance and communications, the Parliament needs the state government’s concurrence for applying all other laws.
Article 35A gives special rights and privileges to permanent residents of J&K, and empowers its legislature to frame any law without attracting a challenge on grounds of violating the right to equality of people from other states or any other right under the Indian Constitution.
Special Status to J&K
Legislative powers: The state’s residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians.
Territory: Indian Parliament cannot increase or reduce the borders of the state and Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
Emergency Provisions:
The Union government cannot declare emergency on grounds of internal disturbance or imminent danger unless it is made at the request or with the concurrence of the state government.
Centre can declare emergency in the state only in case of war or external aggression.
The Center has no power to declare financial emergency under Article 360 in the state.
Constitutional Amendment: a Constitution amendment becomes applicable to J&K only after the President issues an order.
Box–Can Article 370 be Revoked Unilaterally?
According to the clause 3 of Article 370, “The President may, by public notification, declare that this article shall cease to be operative, ‘provided that he receives the “recommendation of the Constituent Assembly of the State (Kashmir).”
Thus, Article 370 can be revoked only if a new Constituent Assembly of Kashmir recommends revocation.
Since the last Constituent Assembly was dissolved in January 1957 after it completed the task of framing the state’s Constitution, so if the Parliament agrees to scrap Article 370, a fresh constituent Assembly will have to be formed.
The constituent Assembly will consist of the same MLAs elected to the State Assembly. Simply put, the Centre cannot repeal Article 370 without the nod of J&K State.
1.7. PROMOTION OF NATIONAL SONG
Why in News?
Supreme Court rejected a plea to direct the Central government to frame a national policy under Article 51A of the Constitution to promote the National Anthem, the National Flag and a ‘National Song’.
It also rejected making the National Anthem compulsory in offices, courts, legislative houses and Parliament.
However the court “kept alive” the plea that schools should play or sing National Anthem on working days.
Background
Article 51A (a) – It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
The Supreme Court ordered in 2016 to mandatorily play the National Anthem before screening of a movie in cinema halls when the audience must stand and show respect.
Arguments given
Fundamental Duties cannot be made compulsory.
They only direct individuals to become a better
citizen. They are also not enforceable in courts.
The Supreme Court has pointed out that the
National Song has not been mentioned in the
Fundamental Duties.
Forcing abidance to national symbols is not an
ethical way to promote a feeling of nationalism
and patriotism in the citizens.
Significance
By rejecting the idea of a policy on National anthem, flag and song, Supreme Court has avoided national symbols becoming a tool of promoting moral policing.
Supreme Court has also held personal choice over dictating patriotism in this decision.
Way Forward
Gradual steps should be taken rather than radical changes. Educating the people on the national flag, anthem and songs will increase acceptance of them in a citizen’s life. They will also understand their fundamental duty to promote them. A policy on them seems to be a futuristic idea and is not relevant in present times.
Box–National Song
Our national song is ‘Vande Matram’, composed in Sanskrit by Bankimchandra Chatterji.
It was first sung at the 1896 session of the Indian National Congress.
National Anthem
Indian National Anthem is the first stanza of Rabindra Nath Tagore’s composition called ‘Jana Gana Mana’ originally composed in Sanskritized Bengali.
It was translated to Hindi and Urdu by Abid Ali.
It was first sung in 1911 convention of Congress.
1.8. SPOILS SYSTEM
Why in News?
11 appointments made by the State Governor to the
Tamil Nadu Public Service Commission were set
aside by the Madras High Court and the Supreme
Court (SC) recently.
Background
The Madras HC observed that appointments were made in a hurry and the process was suspicious.
E.g. Selection of chairperson of Tamil Nadu Commission for Protection of Child Rights created a legal controversy as the qualifications for the post was not met, thus violating the law.
In Upendra Narayan Singh case (2009), SC observed
that the Public Service Commissions are becoming
victims of spoils system.
Even appointments and exits of Governors with
changes in political dynamics is an indication of a
shift towards spoils system in constitutional posts.
Issues involved
In Ramashankar Raghuvanshi case (1983), SC
observed that employment based on the basis of past political loyalties violates Article 14 and 16 of the constitution.
Spoils system creates a conflict of interest in the appointee. It may create a lack of transparency and accountability in the public administration.
Since it is against meritocracy, it may hurt administrative inefficiency.
Steps taken to remove this system
Article 320 resulted in the establishment of Public Service Commissions to frame service rules and conditions for selection of meritorious candidates to civil services.
Kerala government has recently decided to have a dedicated law to prevent nepotism in government appointments.
What needs to be done?
2nd ARC recommends laying down certain principles for administrative recruitments to avoid spoils system. These principles are:
Well-defined merit-based procedure for recruitment to all government jobs.
Wide publicity and open competition for recruitment to all posts.
Minimization of discretion in the recruitment process.
Selection primarily on the basis of written examination or on performance in existing board or university examination with minimum weight given to interview.
These principles can be included in a Civil Services Bill.
An independent civil services board at state level with the appointment made by a committee constituted by Chief Minister, Judges, Lokayukta etc. can help in making the recruitment transparent.
Way forward
Government needs to prevent this spoils system by making the institutions independent of political interference. This will help improve administrative efficiency and maximize governance by giving emphasis on merit system.
Box–1-Spoils System
It is also called patronage system.
Under this, a winning political party rewards its campaign workers and supporters by appointing them to government posts or by other favours.
Box–2-Article 14: State shall not deny equality before law or equal protection of law on grounds only of religion, race, caste, sex or place of birth.
Article 16: State shall not deny equality of opportunity in employment for public employment on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them
1.9. UN BODY DEFERS NHRC ACCREDITATION
Why in news?
The Global Alliance for National Human Rights Institutions (GANHRI), affiliated to the UN High Commissioner for Human Rights, has deferred National Human Rights Commission (NHRC) re-accreditation until November 2017.
Reasons cited
Flaws in Selection process
not sufficiently broad and transparent
lack of uniform and precise criteria for
appointing members
no advertisement for vacancies in top posts is
given out
Flaws in Investigation process
Non-independent investigators - involvement
of serving or retired police officers in the
investigation of human rights violations,
particularly where the alleged perpetrators are
the police itself.
Composition
Only 20% of the NHRC’s staff is women and since 2004, there hasn’t been a single woman on the governing body.
The legislative requirement of having an ex-CJI as Chairperson and choosing members of the senior judiciary restricts the potential pool of candidates who can be appointed, especially women.
Other problems
mammoth backlog of cases-around 40,000 cases pending
the complaint redressal mechanism and the quasi-judicial functioning of the NHRC is not satisfactory as all stakeholders do not have equal and unfettered access to the process
Need For Accreditation
Accreditation confers international recognition and
protection of the National Human Rights Institution besides its compliance with the Paris Principles
A-status accreditation (full compliance with Paris Principles) grants participation in the work and decision-making of National Human Rights Institutions (NHRI)’s International Coordinating Committee (ICC) as well as the work of the Human Rights Council and other UN mechanisms.
Box–1-NHRC is a statutory body constituted under the Protection of Human Rights Act, 1993.
NHRC (National Human Rights Commission) consists of:
Chairperson, should be retired Chief Justice of India.
One Member who is, or has been, a Judge of the Supreme Court of India
One Member who is, or has been, the Chief Justice of a High Court.
Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.
In addition, the Chairpersons of four National Commissions of (Minorities, SC and ST, Women) serve as ex officio members
Box–2-PARIS PRINCIPLES
The UN Paris Principles provide the international benchmarks against which NHRIs can be accredited under five heads: The institution shall
Monitor any situation of violation of human rights which it decides to take up.
Able to advise the Government on specific violations, on issues related to legislation and general compliance and implementation with international human rights instruments.
Be able to relate to regional and international organizations.
Have a mandate to educate and inform in the field of human rights.
some institutions should be given a quasi-judicial competence
1.10. CONTEMPT BY JUDGE
Why in news?
In a first, the Supreme Court started contempt proceedings against Justice C S Karnan, a sitting judge of the Calcutta High Court.
He had earlier suo motu stayed a Supreme Court Collegium recommendation to transfer him from the
Madras High Court to the Calcutta High Court.
Contempt of Court
Contempt of court consists of words spoken or written
which tend to bring the administration of Justice into
contempt, to prejudice the fair trial of any cause or matter
which is the subject of Civil or Criminal proceeding or in any way to obstruct the cause of Justice.
Article 129 and Article 142 (2) of the Constitution enables the Supreme Court to issue notice and punish any one including Judges of the High Court for its contempt or contempt of any subordinate courts.
Need of Such Powers: Contempt provisions have been provided to ensure that the Judges do not come under any kind pressure either from media criticisms or by general public opinion and discharge their duties without any kind of fear and favour or any external influence whatsoever.
Arguments against Contempt of Court
Contempt of Court proceedings have the effect of muzzling free speech guaranteed under Article 19(1)(a) of the Indian Constitution.
Article 19(2) includes ‘contempt of court’ as a reasonable restriction on free speech but its justification in its present form is not tenable in a democracy.
Pandit Thakur Das Bhargava in the Constituent Assembly said that powers to reprimand contempt concerned only actions such as the disobedience of an order or direction of a court, which were already punishable infractions.
Speech in criticism of the courts, he argued, ought not to be considered as contumacious, for it would simply open up the possibility of gross judicial abuse of such powers; which has now been proved true in many instances.
Interestingly, in England, whose laws of contempt we have adopted, there hasn’t been a single conviction for scandalising the court in more than eight decades.
Conclusion
The Contempt powers should be used in such a way as not to violate Right to Freedom of Speech while also ensuring independence of the Judges.
Box--Transfer of a High Court Judge Article 222(1) of the Constitution says that the “President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to any other High Court.
Feb-17Polity
- Reforms in Funding to Political Parties
- Ministry of Urban Development: New Reform Matrix
- New CBI Law
- Review of Status of Attorney General Under RTI
- Exit Polls
- Article 370
- Promotion of National Song
- Spoils System
- Un Body Defers NHRC Accreditation
- Contempt by Judge
