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DAILY CURRENT AFFAIRS, 17 FEBRUARY 2024

MARATHA RESERVATION

 
 
1. Context
The Maharashtra State Backward Class Commission (MSBCC) on Friday submitted a comprehensive report on its survey, covering nearly 2.5 crore families, that assessed the social, economic, and educational backwardness of the Maratha community
 
2. Who are Marathas?
  • The Marathas are a group of castes comprising peasants and landowners among others constituting nearly 33 per cent of the state’s population
  • While most Marathas are Marathi-speaking, not all Marathi-speaking people belong to the Maratha community
  • This politically dominant community in state comprises nearly one-third of the population of the state
  • Historically, they have been identified as a ‘warrior’ caste with large land holdings
  • Since the formation of Maharashtra state in 1960, of its 20 chief ministers, 12 (including Eknath Shinde) have been from the Maratha community
  • While division of land and agrarian problems over the years have led to a decline of prosperity among middle class and lower middle-class Marathas, the community still plays an important role in the rural economy
3. Demand for reservation
  • Maratha reservation is a demand for reservation for the Maratha community in government jobs and educational institutions in Maharashtra, India.
  • The Maratha community is a large and influential community in Maharashtra, and they have been at the forefront of the Indian independence movement and other social movements. However, they argue that they are still socially and economically backward, and that they need reservation to improve their condition
  • In 2018, the Maharashtra government passed a law to provide 16% reservation to Marathas in government jobs and educational institutions.
  • However, the law was challenged in the Supreme Court, and in 2021, the Supreme Court struck down the law on the grounds that it violated the 50% ceiling on reservation set by the court in its 1992 Indra Sawhney (Mandal) judgment
  • The new Maharashtra government, which was formed in June 2023, has said that it is committed to providing reservation to Marathas. However, it is unclear how the government will achieve this goal without violating the Supreme Court's 50% ceiling on reservation
  • Some people argue that Marathas do not need reservation because they are not socially and economically backward.
  • They point to the fact that the Maratha community has produced many successful politicians, businessmen, and professionals. Others argue that Marathas do need reservation because they are still struggling to achieve equality with other communities.
  • They point to the fact that Marathas are overrepresented in manual labor and underrepresented in white-collar jobs.
4. Courts on Maratha reservation
  • The court heavily relied on the findings of the 11-member Maharashtra State Backward Class Commission (MSBCC) headed by Justice G M Gaikwad (retd). The commission surveyed nearly 45, 000 families from two villages from each of 355 talukas with more than 50 per cent Maratha population
  • The HC expressed satisfaction over the data and observed that the commission had conclusively established the social, economic and educational backwardness of the Maratha community.
  • It had also established inadequacy of representation of Maratha community in public employment in the state.
  • In May 2021, a five-judge Constitution bench of the Supreme Court headed by Justice Ashok Bhushan struck down the provisions of Maharashtra law providing reservation to the Maratha community, which took the total quota in the state above the 50 per cent ceiling set by the court in its 1992 Indra Sawhney (Mandal) judgment.
  • In November 2022, after the SC upheld the 10 per cent quota for the Economically Weaker Sections, the state government said that until the issue of Maratha reservation is resolved, economically weaker members of the community can benefit from the EWS quota
5. Way forward
Nearly five years later, Deputy Chief Minister Devendra Fadnavis, who holds the important home portfolio, is once again the target of his opponents riding the Maratha quota politics. When MVA was in power (2019 to 2022), BJP also explored reservation issues to consolidate its base among Marathas. It yielded results, with BJP emerging as the number one party in local bodies elections
 
Source: indianexpress
 

DEFENCE ACQUISITION COUNCIL

1. Context

The Defence Acquisition Council (DAC)  accorded Acceptance of Necessity (AoN), the first step in the procurement process, for proposals worth ₹84,560 crore.

The proposals include some long-pending deals — such as for heavy weight torpedoes (HWT) for the Navy’s Scorpene-class submarines and flight refueller aircraft (FRA) for the Indian Air Force (IAF) — beginning afresh

 

2. About the Defence Acquisition Council

The Defence Acquisition Council (DAC) is the apex body for all defence acquisitions in India. It was formed after recommendations made by the Group of Ministers on 'Reforming the National Security System' in 2001, post-Kargil war. The DAC is headed by the Defence Minister and comprises the following members:

  • Chief of the Defence Staff (CDS)
  • Secretary, Department of Defence Production
  • Secretary, Finance
  • Secretary, Defence Research and Development
  • Controller General of Defence Accounts
  • Other senior officers from the Ministry of Defence and the Services

The Role of the Defence Acquisition Council

The DAC's primary role is to:

  • Accord approval for AoN (Acceptance of Necessity) for Capital Acquisition Proposals.
  • Categorise the acquisition proposals into 'Buy, Buy & Make, & Make'.
  • In-principle approval of 15-Year Long-Term Integrated Perspective Plan (LTPP) for Defence Forces.
  • Delegate powers to Services/C&AS for the acquisition of items up to a certain value.
  • Consider and approve other issues as may be referred to it by the Defence Minister.

Functions of the Defence Acquisition Council

The DAC's primary functions are to:

  • Approve capital acquisitions for the Indian Armed Forces.
  • Formulate and implement policies and procedures for defence acquisitions.
  • Monitor the progress of defence acquisitions.
  • Oversee the implementation of the Defence Procurement Procedure (DPP).

Reasons for the creation of the Defence Acquisitions Council 

The DAC was created to address the following shortcomings of the previous defence acquisition system:

  • Lack of a clear and transparent decision-making process.
  • Delays in the procurement of defence equipment.
  • Escalation of costs.
  • Lack of coordination between different agencies involved in the procurement process.

3. About Defence acquisition

Defence acquisition is the process of acquiring goods and services for the Indian Armed Forces. It is a complex and time-consuming process that involves the identification of requirements, the preparation of specifications, the selection of vendors, the negotiation of contracts, and the delivery of equipment. The Indian defence acquisition process is governed by the Defence Procurement Procedure (DPP), which is a set of guidelines that outlines the process for acquiring defence equipment.

The key stages of the defence acquisition process:

  •  The first step is to identify the requirements of the Armed Forces. This is done through a detailed assessment of the operational needs of the Armed Forces and the availability of resources.
  • Once the requirements have been identified, the next step is to prepare the specifications for the equipment to be acquired. The specifications must be clear, detailed, and unambiguous so that the vendors can understand what is required.
  • The next step is to select the vendors who will be invited to participate in the bidding process. The vendors are selected based on their technical ability, financial strength, and experience.
  • Once the vendors have been selected, the next step is to negotiate the contracts. The contracts must be fair and reasonable, and they must protect the interests of the government.
  • The final step is to deliver the equipment to the Armed Forces. Once the equipment has been delivered, it must be tested and accepted by the Armed Forces.

4. The Defence Procurement Procedure (DPP)

The Defence Procurement Procedure (DPP) is the guideline for defence acquisitions in India. The DPP was first introduced in 2006 and has been revised several times since then. The DPP outlines the process for defence acquisitions, from the identification of a requirement to the final acceptance of a product.

The DPP is designed to ensure that defence acquisitions are conducted in a transparent, efficient, and cost-effective manner. The DPP also seeks to promote indigenous defence production and to maximize the involvement of Indian companies in the defence sector.

Key features of the DPP

  • The DPP emphasizes the need for transparency in all stages of the defence acquisition process. This includes publishing all relevant documents online and making them available to the public.
  • The DPP aims to streamline the defence acquisition process and reduce delays. This includes simplifying the tendering process and reducing the number of approvals required.
  • The DPP seeks to ensure that defence acquisitions are conducted cost-effectively. This includes negotiating the best possible price for goods and services and promoting indigenous defence production.
  • The DPP promotes indigenous defence production by giving preference to Indian companies in the tendering process. The DPP also provides incentives for Indian companies to invest in research and development.
  • The DPP seeks to maximize the involvement of Indian companies in the defence sector. This includes encouraging Indian companies to form joint ventures with foreign companies.

5. The Way Forward

The DAC and the DPP play a vital role in ensuring that the Indian Armed Forces are equipped with the latest and best possible weapons and equipment. The DAC and the DPP are also important for promoting indigenous defence production and for maximizing the involvement of Indian companies in the defence sector.

 

For Prelims: Defence Acquisition Council, Defence Procurement Procedure, Light Combat Aircraft, Tejas Mk 1 A and 156, Light Combat Helicopters, Hindustan Aeronautics Limited, Kargil war
For Mains: 
1. Critically analyze the role of the Defence Acquisition Council (DAC) in streamlining and expediting defence acquisitions in India. (250 Words)
 
Previous Year Questions
 
1. The Light Combat Aircraft (LCA) designed and developed by HAL is also known as (MP Police Constable 2017)
A. Suryakiran        B. Aryabhatta      C. Tejas         D. Prakash
 
 
2. Which of the following statements is true about the recent procurement of Tejas fighter’s aircraft by IAF? (IB ACIO Grade II 2021) 
(1) The IAF has recently purchased 83 Tejas fighters aircraft from HAL
(2) The total deal is Rs. 78,000-crore
A. 1 only         B. Neither 1 nor 2         C.  Both 1 and 2      D. 2 only
 
 
3. What is the name of India's indigenously built Light Combat Helicopter? (OSSC BSSO  2022) 
A. Nag         B. Trishul         C. Prachand          D. Agni
 
 
4. The headquarters of the Hindustan Aeronautics Limited is located at _______________. (MP Police Constable 2017) 
A. Chennai        B. Bengaluru        C.  Dewas     D. Koraput
 
 
5. What was Kargil war otherwise known as? (MP Patwari  2017) 
A. Operation Vijay       B. Operation Vishwas   C. Operation Shaurya   D. Operation Paramveer
 
Answers:1-C, 2-A, 3-C, 4-B 5-A
 
Mains
1. Analyze the circumstances that led to the Tashkent Agreement in 1966. Discuss the highlights of the Agreement. (UPSC 2013)
 
Source: The Indian Express
 

REPRESENTATION OF PEOPLE ACT 1951

1. Context

Along with the Electoral Bonds Scheme (EBS), the Supreme Court on Thursday (February 15) struck down several amendments that the government made in key laws to facilitate corporate donations to political parties. The amendments were made through The Finance Act, 2016, and The Finance Act, 2017, before the EBS was introduced in January 2018
What Representation of the People Act, 1951 says?

2. The Representation of the People Act, 1951

  • It is an act of Parliament of India to provide for the conduct of election of the Houses of Parliament and to the House or Houses of the Legislature of each state, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
  • It was introduced in Parliament by Law Minister Dr B.R. Ambedkar. The Act was enacted by the provisional parliament under Article 327 of the Indian Constitution, before the first general election.

2.1. Key provisions of the Representation of the People Act (RPA), 1951

  • It regulates the actual conduct of elections and by-elections in the country.
  • It provides administrative machinery for conducting elections.
  • It deals with the registration of political parties.
  • It specifies the qualifications and disqualifications for membership of the Houses.
  • It provides Provisions to curb corrupt practices and other offences.
  • It lays down the procedure for settling doubts and disputes arising out of elections.

2.2. Qualifications for Contesting Elections in India

  • A person must be an elector in the constituency
  • The Minimum age for becoming MLA/MP (Lok Sabha) is 25 years.
  • The person must be a member of a Scheduled Caste or Scheduled Tribe in any State/UT if he/she wants to contest a seat reserved for them.
  • The Minimum age limit for contesting elections at the Panchayat and Municipality levels is 21 years.
  • A person shall not be qualified to be chosen as a representative of any state or Union territory in the Rajya Sabha unless he/she is an elector for a Parliamentary constituency.

2.3. Disqualification of MPs and MLAs

The RPA, 1951 lays down certain rules for the disqualification of MPs and MLAs.

Section 8 (1) A person convicted of an offence punishable under certain acts of the Indian Penal Code, Protection of Civil Rights Act 1955, Unlawful Activities (Prevention) Act 1967, Prevention of Corruption Act 1988, Prevention of Terrorism Act 2002 etc, shall be disqualified, where the convicted person is sentenced to
(i) Only fine, for six years from the date of such conviction
(ii) Imprisonment from the date of such conviction and shall continue to be disqualified for six years since his release.
 
Section 8 (2) A Person convicted for the contravention of
(a) Any law providing for the prevention of hoarding or profiteering; or
(b)Any law relating to the adulteration of food or drugs or
(c) Any provisions of the Dowry Prohibition Act, 1961.
 
Section 8(3) of the Act states that if an MP or MLA is convicted of any other crime and is sent to jail for 2 years or more. He/she will be disqualified for 6 years from the time of release. Even if a person is on bail after the conviction and his appeal is pending disposal, he/she is disqualified from contesting an election.
 
Section 8 (4) allowed convicted MPs, MLAs and MLCs to continue in their posts, provided they appealed against their conviction/sentence in higher courts within 3 months of the date of judgment by the trial court. The Supreme Court in July 2013 struck down section 8 (4) of the RPA, 1951 and declared it ultra vires and held that the disqualification takes place from the date of conviction.

2.4. Voting Rights

Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18 years unless disqualified by any law. Section 62 of the RPA, 1951 also ensures that every person who is in the electoral roll of that constituency is entitled to vote.

  • One can vote in one constituency only and only for one time in a particular election.
  • If a person is confined in a prison, whether under a sentence of imprisonment or transportation, then he is not eligible for voting, however, in the case of preventive custody he can vote.
  • The Election Commission of India (ECI) had said that the person under preventive custody had the right to vote, but not under trials and convicts.
  • The Act allows those serving sentences of less than 2 years to contest election from prison.

2.5. Provisions Related to Political Parties

  • Every association or body to become a political party must be registered with the ECI whose registration decision will be final.
  • Registered Political Parties, over time, can get recognition as “State Part” or National Party”.
  • Change in name and address of a registered political party must be communicated to the ECI.
  • The ECI cannot derecognise a party
  • Voluntary Contributions by any person or company within India (other than a government company) can be accepted by the registered political party.
  • A company can donate any amount of money to any political party.
  • There is no obligation of the company to report such donations in its profit and loss account.
  • It is mandatory for the political parties to submit to the ECI a list of donations they received above Rs. 2, 000.
  • Political parties cannot receive more than Rs 2000 as cash donations.
  • Now, Political parties are eligible to accept contributions from foreign companies defined under the Foreign Contribution (Regulation) Act, 2010.
  • Individuals contesting elections have to file an affidavit, declaring their criminal records, assets and liabilities and educational qualification.
  • After getting elected, MPs are required to file a declaration of assets and liabilities with the Speaker of Lok Sabha and the Chairman of Rajya Sabha.
  • These declarations have to be made by MPs within 90 days of taking their seats in Parliament.
  • Candidates need to furnish information on whether he/she is accused of any offence punishable with imprisonment of 2 years or more in a pending case or has been convicted of an offence.
  • Any class of person can be notified by the ECI in consultation with the concerned government which can give their votes by postal ballot.
  • At every election where a poll is taken, the votes are counted by or under the supervision of the Returning Officer and contesting candidate, his election agent and his counting agents.
  • Destruction, loss, damage or tampering of ballot papers at the time of counting must be reported by the RO to the ECI.
  • All government or non-government officials are included within the scope of corrupt practices.
  •  Any gift/offer/ promise or gratification to any person as motive or reward.
  • Any direct or indirect interference attempt to interfere on the part of the candidate with the free exercise of any electoral right.
  • The publication by a candidate of any statement of fact that is false about the personal character/ conduct of any candidate
  • The hiring of any vehicle by a candidate of any elector to or from any polling station
  • Any person who promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of citizens of India can be punished with imprisonment for a term which may extend to 3 years.
  • Prohibition of public meetings during 48 hours ending with the hour fixed for the conclusion of the poll.

2.6. Significance of the Acts

  • The Provision of direct election for every constituency makes the process of election more democratic and participatory by encouraging and empowering people to play an active role in choosing appropriate candidates.
  • The RPA, 1950 provides for delimitation which brings equality in the process of election by ensuring roughly an equal number of electors in each constituency.
  • The acts strengthened the federal polity of the country by giving due representation to each state in the Parliament.
  • The RPA, 1951 plays a significant role in breaking the politicians, police and criminal nexus by prohibiting the entry of persons with a criminal background into the electoral process.
  • The RPA, 1951 provides for the expenditure monitoring mechanism which ensures the accountability and transparency of the candidate in the use of public funds or misuse of power for personal benefits.
  • The RPA, 1951 prohibits corrupt practices like booth capturing, bribery or promoting enmity etc., and ensures the conduct of free and fair elections which in turn encourage political liberalization and democratization.
  • The RPA, 1951 provides that only those political parties which are registered under section 29A of the RPA, 1951 are eligible to receive electoral bonds, thus providing a mechanism to track the source of political funding and ensuring transparency in electoral funding.

2.7. Amendments to the Act

None of the above was introduced in the ballot papers/Electronic Voting Machines (EVMs) in the General Election to the State Assemblies in 2013.

  • Voter Verifiable Paper Audit Trail is an independent system attached to the EVMs that allows voters to verify that their votes are cast as intended.
  • It was introduced in 2013 after the Supreme Court allowed the ECI the requirement of free and fair elections in its verdict in the People’s Union for Civil Liberties vs. Union of India case (2013).
  • The displaying of any election matter by television or similar apparatus in a constituency, 48 before the polling ends or concludes is prohibited.
  • Section 126 does not apply to Print media, news portals and social media.
  • Section 126A prohibits the conduct of exit polls and dissemination of their results during the period mentioned.
  • A candidate contesting polls in large states can spend up to Rs 70 lakh in the Lok Sabha election and Rs. 28 lakh in an Assembly election.
  • Section 8 (4) allowed convicted MPs, and MLAs to stand for elections by filing a complaint that was repealed. It is a step towards decriminalising politics.
  • Insertion of Section 62 (2), which allowed a person post detention to contest elections as he no longer ceased to be an elector as his name is included in the electoral roll.
  • The recent amendments included Section 20A of RPA, which now allows NRI to vote from their current residence via the postal ballot system.

2.8. Challenges to the Act

  • Even after the provision of the declaration of assets and liabilities in the RPA Act, candidates do not disclose all the assets and provide wrong and incomplete information regarding their assets, liabilities income and educational qualifications.
  • Despite the inclusion of several provisions aimed at making the ECI an independent body, it is still dependent on the Union for financial matters that pave the way for political parties to manage to get the officers in their favour through money and muscle power.
  • The ECI does not have an independent staff of its own so whenever elections take place, it has to depend upon the staff of Central and State Governments hence the dual responsibility of the administrative staff, to the government for ordinary administration and to the ECI for electoral administration is not conducive to the impartial and efficient functioning of the Commission.
  • The RPAs lack clear provisions and guidelines on matters related to the misuse of official machinery that gives an unfair advantage to the ruling party at the time of elections and leads to the misuse of public funds for furthering the prospects of candidates of a particular party.

3. The Way Forward

  • By an amendment made to the RPA 1951, conducting and publishing results of exit polls have been prohibited. There should be a similar prohibition or restriction on opinion polls as several manipulated opinion polls could impact the voting pattern.
  • The RPA, 1951 should be amended to include all the items related to the election disclosure in the affidavit and making false declarations in connection with the election to be an offence.
  • TO curb the practice of bureaucratization of politics and to secure complete independence of the Election Commission, its expenditure should be charged to the Consolidated Fund of India.
  • Parliament must pass a law dealing with the serious problem of delisting valid electors from electoral rolls because illiterate electorate residing in far villages cannot watch over the publication of electorate lists.
 
For Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.
For Mains: General Studies II: Parliament and State legislatures structure, functioning, conduct of business, powers & privileges and issues arising out of these.
1. Discuss the significance of the Representation of the People Act, 1951, in ensuring the decriminalization of politics. Evaluate the effectiveness of the Act in preventing individuals with a criminal background from entering the electoral process. (250 Words)
 
 
Previous Year Questions
 
1. According to the Representation of the People Act, 1951, in the event of a person being elected to both houses of Parliament, he has to notify within ______ days in which house he intends to function. (Delhi Police Constable 2020) 
A. 22       B. 10        C.  20            D. 15
 
Answer: B
 
2. The Protection of Civil Rights Act, 1955 extends to (MPPSC 2018)
A. whole of India       
B. whole of India except the State of Jammu and Kashmir
C. Union Territories
D. only the- State of Jammu and Kashmir
Answer: A
 
3. Under the Protection of Civil Rights Act 1955, all offences are (MPPSC 2013)
A. Cognizable   B. Bailable   C. Compoundable   D.Punishment with imprisonment and fine both
Answer: A
 
4. The right to vote is in which article of the Indian Constitution? (Bihar Forest Guard 2019)
A. Article 322        B. Article 324      C. Article 326         D. Article 330
 
Answer: C
 
5. Right to vote and to be elected in India is a (UPSC 2017)
A. Fundamental Right     B.  Natural Right   C. Constitutional Right      D. Legal Right
 
Answer: C
 

6. Consider the following statements: (UPSC 2017)

  1. The Election Commission of India is a five-member body.
  2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
  3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only           (b) 2 only              (c) 2 and 3 only                (d) 3 only

Answer: D

7. The Voter Verifiable Paper Audit Trail (VVPAT) system was used for the first time by the Election Commission of India in (UPSC CAPF 2019) 

A. North Paravur Assembly Constituency, Kerala
B. Noksen Assembly Constituency, Nagaland
C. Mapusa Assembly Constituency, Goa
D. Nambol Assembly Constituency, Manipur

Answer: B

8. In which of the following options, Electronic Voting Machines were used for the first time during general elections all over India? (Rajasthan Police Constable 2020)

A. 2014      B. 1999         C. 2004        D. 2009

Answer: C

9. Which one of the following statements about 'personal liberty' is not correct? (UPSC CAPF 2021) 
A. State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
B. Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
C. Personal liberty can be secured by the judicial writ of Habeas Corpus.
D. The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.
 
Answer: D

10. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS 2018)

(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.

Which of the above statements are correct?

A. Only (A) and (B)             B. (A), (B), (C) and (D)   

C. Only (B), (C) and (D)       D. Only (A), (C) and (D)

Answer: B

Mains

1. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC 2022)

 
Source: The Indian Express and PRS Legislative
 

NATIONAL COMMISSION FOR SCHEDULED CASTES (NCSC)

 
 
1. Context
 
National Commission for Scheduled Castes submits Report to President of India The reports contain various recommendations on the issues entrusted to the Commission regarding protection of Constitutional Safeguards of the Scheduled Castes as enshrined in Constitution of India
 
2. National Commission for Scheduled Castes(NCSC)
 
The National Commission for Scheduled Castes (NCSC) is a constitutional body in India established under Article 338 of the Constitution. It was formed in 2004 to safeguard the rights of Scheduled Castes (SCs), formerly known as untouchables, who are among the most disadvantaged communities in India
 The Commission is mandated to investigate and monitor matters related to the constitutional safeguards provided to Scheduled Castes and to inquire into specific complaints regarding the deprivation of their rights.
 
3. National Commission for Scheduled Castes Functions
 
  • The National Commission for Scheduled Castes (NCSC) in India performs various functions to safeguard the rights and interests of Scheduled Castes (SCs)
  • The commission investigates and monitors the implementation of constitutional and legal safeguards for Scheduled Castes.
  • It examines the factors that inhibit the full realization of the rights and safeguards provided to Scheduled Castes
  • The NCSC has the authority to inquire into specific complaints and grievances regarding the deprivation of rights or atrocities committed against Scheduled Castes.
  • It can summon evidence and witnesses during the inquiry process
  • The commission advises the central and state governments on policy matters related to the welfare and development of Scheduled Castes.
  • It recommends measures for the effective implementation of constitutional safeguards
  • The NCSC reviews the progress of the development and welfare programs designed for Scheduled Castes.
  • It suggests measures to ensure that these programs are effectively implemented and reach the targeted beneficiaries
  • Ensuring the protection of the rights and interests of Scheduled Castes as enshrined in the Constitution of India.
  • Taking steps to prevent atrocities and discrimination against Scheduled Castes
  • Overseeing the implementation of reservations in educational institutions, employment, and other spheres for Scheduled Castes.
  • Addressing issues related to the proper implementation of reservation policies
  • Regularly reviewing the working of various constitutional safeguards and provisions for Scheduled Castes.
  • Recommending amendments to existing laws or the enactment of new laws to improve the status and condition of Scheduled Castes
  • The commission submits periodic and special reports to the President of India and to the Parliament on its findings, recommendations, and the overall status of Scheduled Castes
4. National Commission for Scheduled Castes Composition
 

The key features of the composition are as follows:

  1. Chairperson: The Chairperson is the head of the NCSC and is appointed by the President of India. The Chairperson is typically a person who has held a high judicial office or has wide experience in matters related to the Scheduled Castes.

  2. Vice-Chairperson: The Vice-Chairperson, like the Chairperson, is appointed by the President of India. The Vice-Chairperson assists the Chairperson in carrying out the functions of the commission.

  3. Nine other Members: Appointed by the President on the recommendation of the Chairperson.

Current Composition (as of February 17, 2024):

  • Chairperson: Shri Vijay Sampla
  • Vice-Chairperson: Currently Vacant
  • Members:
    • Smt. Sunita Kumari
    • Shri Mukesh Kumar Arya
    • Smt. Paramjit Kaur Kainth
    • Shri Parameswar Naik
    • Smt. Rama Devi
    • Shri Raj Kumar Valmiki
    • Shri Suresh Chandra Ram
    • Shri Shyam Sundar Ram
    • Shri Ishwar Singh
5.National Commission for Scheduled Castes History
 

The National Commission for Scheduled Castes (NCSC) has a rich history intertwined with the fight for equality and social justice for Scheduled Castes (SCs) in India. Here's a glimpse into its journey:

Early Beginnings (Pre-1987):

  • 1950: The Constitution of India comes into effect, establishing Article 338 mandating the creation of a Special Officer for Scheduled Castes and Scheduled Tribes
  • 1950-1987: The Commissioner for Scheduled Castes and Scheduled Tribes, a single-member body, investigates complaints of atrocities and discrimination against SCs and STs.

Evolution into a Multi-Member Commission (1987-Present):

  • 1987: Recognizing the need for a more robust mechanism, the 65th Amendment to the Constitution replaces the single-member commission with a multi-member National Commission for Scheduled Castes and Scheduled Tribes (NCST).

  • 1990: The NCST is bifurcated into two separate commissions: NCSC for SCs and the National Commission for Scheduled Tribes (NCST) for STs. This allows for focused attention on the specific needs of each community.

  • 1992: The first NCSC is constituted with Shri S.H. Ramdhan as the Chairperson.

  • Since then: The NCSC has been reconstituted several times, with each Chairperson and Commission contributing to its evolving mandate and achievements.

6.Way Forward
 
As per mandate given to the National Commission for Scheduled Castes under Article 338 of the Constitution of India, it is the duty of the Commission to present to the President annually & at other times as the Commission may deem fit, reports upon the working of the Constitutional Safeguards of the Scheduled Castes. The reports may include recommendation for the measures required to be taken by the Union and the States for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Castes
 

 

Previous Year Questions

1. In 2001, RGI stated that Dalits who converted to Islam or Christianity are not a single ethnic group as they belong to different caste groups. Therefore, they cannot be included in the list of Scheduled Castes (SC) as per Clause (2) of Article 341, which requires a single ethnic group for inclusion. (UPSC CSE Mains GS2 2014)

2. Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC CSE Mains GS2 2018)

Source: Pib

FINANCE ACT 2017

 
 
 
1. Context
 
Recently, Along with the Electoral Bonds Scheme (EBS), the Supreme Court struck down several amendments that the government made in key laws to facilitate corporate donations to political parties. The amendments were made through The Finance Act, 2016, and The Finance Act, 2017, before the EBS was introduced in January 2018.
 
 
2. The Representation of the People Act, 1951
  • The Representation of the People Act, 1951, does not specifically mention the "election bond scheme" or "electoral bond scheme." However, the Act does lay down rules and regulations for the conduct of elections, including the qualifications and disqualifications for candidates, the procedure for filing nominations, the conduct of polling, and the counting of votes. The Act also deals with the registration of political parties and the regulation of their finances.
  • The concept of electoral bonds was introduced through The Finance Act, 2017, which amended the Companies Act, 2013, and the Income Tax Act, 1961, to allow for the issuance and use of electoral bonds. Electoral bonds are essentially a form of bearer bonds that can be bought from authorized banks and given to political parties. The identity of the donor is not disclosed, and the political party can encash the bonds at any time.
  • However, the Supreme Court of India struck down several amendments to the Representation of the People Act, 1951, and other laws that were introduced through The Finance Act, 2016, and The Finance Act, 2017, to facilitate corporate donations to political parties. The Court held that these amendments were unconstitutional because they violated the principle of transparency and accountability in political funding.
  • As a result, the use of electoral bonds has been rendered ineffective, and political parties are no longer able to receive donations through electoral bonds. The government has announced that it will introduce new legislation to regulate political funding and ensure transparency and accountability in the process.
 

3. Amendments to the Representation of the People Act, 1951 

The Finance Act, 2017, introduced several amendments to the Representation of the People Act, 1951, and other laws to facilitate corporate donations to political parties. These amendments included:

  1. Increasing the limit on the amount of money that a company can donate to a political party from 7.5% of its average net profits over the previous three years to 10%.
  2. Removing the requirement for companies to disclose the names of the political parties to which they have donated money.
  3. Allowing companies to make political donations through electoral bonds, which are essentially a form of bearer bonds that can be bought from authorized banks and given to political parties. The identity of the donor is not disclosed, and the political party can encash the bonds at any time.

Supreme Court Verdict

The Supreme Court struck down several of these amendments in a judgment delivered in April 2023. The Court held that the amendments were unconstitutional because they violated the principle of transparency and accountability in political funding. The Court also held that the amendments were not necessary to achieve the government's stated objective of promoting transparency in political funding.

 

4. The Companies Act, 2013

The Companies Act, 2013, is a comprehensive legislation in India that regulates the incorporation, governance, and operations of companies in the country. It replaced the Companies Act, 1956, and introduced several significant changes to modernize corporate laws and enhance corporate governance practices.

The key features of the Companies Act, 2013, include:

  • The Act categorizes companies into various types based on their structure, such as private companies, public companies, one-person companies (OPCs), and producer companies.
  • The Act emphasizes corporate governance principles, including the composition and functions of the board of directors, roles and responsibilities of directors, audit committee requirements, and disclosure norms.
  • It provides detailed provisions for the incorporation of companies, including the process of registration, minimum capital requirements, and the memorandum and articles of association.
  • The Act regulates the issuance, transfer, and buyback of shares, rights and obligations of shareholders, share capital maintenance, and dividend distribution.
  • It lays down provisions related to the appointment, qualification, resignation, removal, and remuneration of directors. It also mandates the rotation of auditors and independent directors in certain cases.
  • The Act requires certain classes of companies to spend a specified percentage of their profits on CSR activities and mandates disclosure of CSR initiatives in their annual reports.
  • It sets out the requirements for financial statements, their preparation, auditing, and filing with the Registrar of Companies (ROC). The Act also mandates the appointment of auditors and their independence.
  •  The Act provides procedures and regulations governing mergers, amalgamations, demergers, and corporate restructuring, including approval by shareholders and regulatory authorities.
  • It incorporates provisions related to corporate insolvency resolution processes, debt restructuring, and liquidation to address financial distress and ensure efficient resolution of insolvency cases.
  • The Act prescribes penalties for non-compliance with its provisions, including fines, imprisonment, and disqualification of directors. It also establishes the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) for adjudicating disputes and enforcing compliance.

 

5. The Interplay between the Companies Act, 2013 and the Electoral Bonds Scheme (EBS)

The Companies Act, 2013, and the Electoral Bonds Scheme (EBS) are connected in the context of corporate donations to political parties in India. The Companies Act, 2013, regulates the functioning and operations of companies in the country, including their financial transactions and corporate governance practices. The Electoral Bonds Scheme (EBS), on the other hand, was introduced in 2018 as a mechanism for political funding, allowing individuals and companies to donate money to political parties through electoral bonds.

  • Under the Companies Act, 2013, companies are allowed to make donations to political parties, subject to certain conditions. The Act specifies that companies can donate up to 7.5% of their average net profits over the previous three years to political parties. However, the Act also requires companies to disclose the names of the political parties to which they have made donations in their annual financial statements.
  • The EBS was introduced as a more transparent and accountable mechanism for political funding. Under the scheme, individuals and companies can purchase electoral bonds from authorized banks and donate them to political parties. The identity of the donor is kept anonymous, and the political party can encash the bonds at any time.
  • In 2017, the government introduced amendments to the Companies Act, 2013, through the Finance Act, 2017. These amendments increased the limit on the amount of money that a company can donate to a political party from 7.5% of its average net profits over the previous three years to 10%. The amendments also removed the requirement for companies to disclose the names of the political parties to which they have made donations.
  • In 2023, the Supreme Court of India struck down several amendments to the Representation of the People Act, 1951, and other laws that were introduced through the Finance Act, 2016, and the Finance Act, 2017, to facilitate corporate donations to political parties. The Court held that these amendments were unconstitutional because they violated the principle of transparency and accountability in political funding.
  • The Supreme Court's ruling has had a significant impact on the Electoral Bonds Scheme. With the amendments to the Companies Act, 2013, being struck down, companies are no longer able to make donations to political parties through electoral bonds. This has raised questions about the future of the scheme and the government's efforts to promote transparency in political funding.
 
6. The Way Forward
 
The Supreme Court's verdict highlights the importance of transparency in political funding.
EBS is currently defunct, and the government seeks new legislation to regulate political funding responsibly. Understanding the Companies Act and its regulations remains crucial in this context.
 
 
For Prelims: Companies Act, 2013, Finance Act, 2017, Representation of the People Act, 1951, Electoral Bonds Scheme 
For Mains: 
The Companies Act, 2013, mandates Corporate Social Responsibility (CSR) initiatives. Discuss how these initiatives can be leveraged to promote good governance and ethical practices in Indian society. (250 words)
 
 
Previous Year Questions
 
1. According to the Representation of the People Act, 1951, in the event of a person being elected to both houses of Parliament, he has to notify within ______ days in which house he intends to function. (Delhi Police Constable 2020) 
A. 22       B. 10        C.  20            D. 15
 
 
2. The Protection of Civil Rights Act, 1955 extends to (MPPSC 2018)
A. whole of India       
B. whole of India except the State of Jammu and Kashmir
C. Union Territories
D. only the- State of Jammu and Kashmir
 
 
3. Under the Protection of Civil Rights Act 1955, all offences are (MPPSC 2013)
A. Cognizable   B. Bailable   C. Compoundable   D.Punishment with imprisonment and fine both
 
4. The right to vote is in which article of the Indian Constitution? (Bihar Forest Guard 2019)
A. Article 322        B. Article 324      C. Article 326         D. Article 330
 
 
5. Right to vote and to be elected in India is a (UPSC 2017)
A. Fundamental Right     B.  Natural Right   C. Constitutional Right      D. Legal Right
 
 

6. Consider the following statements: (UPSC 2017)

  1. The Election Commission of India is a five-member body.
  2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
  3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only           (b) 2 only              (c) 2 and 3 only                (d) 3 only

 

7. The Voter Verifiable Paper Audit Trail (VVPAT) system was used for the first time by the Election Commission of India in (UPSC CAPF 2019) 

A. North Paravur Assembly Constituency, Kerala
B. Noksen Assembly Constituency, Nagaland
C. Mapusa Assembly Constituency, Goa
D. Nambol Assembly Constituency, Manipur

 

8. In which of the following options, Electronic Voting Machines were used for the first time during general elections all over India? (Rajasthan Police Constable 2020)

A. 2014      B. 1999         C. 2004        D. 2009

 

9. Which one of the following statements about 'personal liberty' is not correct? (UPSC CAPF 2021) 
A. State does not have the authority to deprive any person within the territory of India of his/her personal liberty without any rational basis.
B. Basis of depriving a person of his/her personal liberty must be in accordance with procedures established by law.
C. Personal liberty can be secured by the judicial writ of Habeas Corpus.
D. The majority view of the Supreme Court in A. K. Gopalan vs. State of Madras case invented 'due process of law'.
 
 

10. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS 2018)

(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.

Which of the above statements are correct?

A. Only (A) and (B)             B. (A), (B), (C) and (D)   

C. Only (B), (C) and (D)       D. Only (A), (C) and (D)

Answers: 1-B, 2-A, 3-A, 4-C, 5-C, 6-D, 7-B, 8-C, 9-D, 10-B

Mains

1. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC 2022)

Source: The Indian Express

ARCHAEOLOGICAL SURVEY OF INDIA (ASI)

 
 
 
1. Context
 
A century and a half ago, the people of Shahjahanabad used to climb the southern ramparts of the city wall between Turkman Gate and Dilli Gate, to look at the Khandrat Kalan (the great ruins). These were the vestiges of earlier Delhis. The domed buildings afforded waterproof shelter for village populations. From the 1920s, the khandrat were mapped and identified by the Archaeological Survey of India (ASI).
 
 

2. What is a national monument?

A national monument is a protected area or site that has been designated by a government or other authority as having national significance. These monuments can be natural, cultural, or historical landmarks and are usually protected from development or other activities that could damage or destroy them. National monuments are often open to the public and may have visitor centers, trails, and other facilities to help people learn about and appreciate them. They are typically managed by government agencies or non-profit organizations that work to preserve and protect them for future generations.

 

3. About Archaeological Survey of India (ASI)

  • The ASI was founded in 1861 by Alexander Cunningham, when he realised the need for a permanent body to oversee archaeological excavations and conservation.
  • But while the body remained largely dysfunctional in the 19th century owing to fund crunch, in the decades preceding Independence, it became very active.
  • A bulk of the protected monuments were taken under the ASI’s wings during the 1920s and30s, up till the 50s.
  • But in the decades after independence, the focus of successive governments was on health, education and infrastructure, rather than protecting heritage.
  • Even within the scope of heritage, the aim was to uncover more monuments and sites, instead of conservation.

Powers

  • The ASI operates under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which empowers it to protect and manage monuments and archaeological sites of national importance.
  •  The ASI formulates and enforces regulations related to archaeological activities, including excavations, conservation, and publication of findings.
  • The ASI issues licenses for excavations, export of antiquities, and trade in archaeological objects.

Functions

  • The ASI undertakes conservation and restoration of protected monuments and sites. This includes structural repairs, chemical preservation, and environmental management.
  • The ASI conducts archaeological excavations to uncover historical remains, understand past civilizations, and enrich our knowledge of history.
  • The ASI conducts research on various aspects of archaeology and publishes findings in reports, journals, and books.
  • The ASI studies ancient inscriptions and coins to understand language, history, and economic systems.
  • The ASI manages site museums at various monuments and archaeological sites to showcase artifacts and educate the public.
  • The ASI conducts educational programs and outreach activities to raise public awareness about India's cultural heritage.

Role

  • The ASI plays a vital role in preserving India's rich cultural heritage for future generations. It safeguards monuments and sites that represent diverse periods and cultures, fostering national identity and pride.
  • By protecting and promoting historical sites, the ASI contributes significantly to India's tourism industry. Well-maintained monuments attract visitors, generating revenue and local economic benefits.
  • The ASI's research activities contribute to our understanding of India's history, culture, and society. This knowledge enriches academic fields and informs public discourse.

Mandate

  • To protect and preserve monuments and archaeological sites of national importance.
  • To conduct research and excavations to understand India's past.
  • To educate the public about India's cultural heritage.
  • To promote tourism by developing and maintaining historical sites.

 

Significance

  • The ASI is responsible for protecting and preserving India's archaeological sites, monuments, and artifacts. This includes conducting conservation and restoration work to ensure that these cultural treasures are maintained for future generations.
  • India is home to numerous world-renowned archaeological sites and monuments, such as the Taj Mahal, Qutub Minar, and Ajanta and Ellora Caves. The ASI's efforts to preserve and promote these sites contribute to the country's tourism industry, attracting millions of visitors from around the world each year.
  • India's rich cultural heritage is an integral part of its identity. The ASI's work helps to preserve and promote this heritage, fostering a sense of pride and connection among the country's citizens.
  • The ASI conducts research and documentation on India's archaeological heritage, contributing to the understanding of the country's history and culture. It also plays a role in educating the public about India's archaeological sites and artifacts through exhibitions, publications, and educational programs.
  • The ASI enforces laws and regulations related to the protection and preservation of India's cultural heritage. This includes the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provides legal protection to ancient monuments and archaeological sites in India.

 

4. The Way Forward

The Archaeological Survey of India plays an indispensable role in safeguarding and interpreting India's rich cultural heritage. Their efforts not only preserve the past but also contribute to academic knowledge, national identity, and economic development. As India navigates the future, the ASI's work remains vital in ensuring that its cultural legacy continues to inspire and educate generations to come.

 

For Prelims: Ancient Monuments and Archaeological Sites and Remains Act, 1958, ASI, 

For Mains: 
1. Critically evaluate the role of ASI in fostering national identity and pride in India. How does their work contribute to social cohesion and understanding of diverse historical periods and cultures? (250 Words)
2. Evaluate the potential conflicts between preservation of cultural heritage and development projects. Suggest strategies for achieving a sustainable balance between economic progress and protection of historical sites. (250 Words)

 

Previous year UPSC Mains Question Covering similar theme:

1.The rock-cut architecture represents one of the most important sources of our knowledge of early Indian art and history. Discuss. (GS 1, 2020)
2. Safeguarding the Indian Art Heritage is the need of the moment. Discuss. (GS 1, 2019)

 Source: The Indian Express


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