GOVERNOR'S ASSENT TO STATE LAWS
1. Context
Chief Justice of India B.R. Gavai on Thursday asked the Union government if the Supreme Court is supposed to suspend its role as the “custodian of the Constitution” and sit powerless while Governors make competent State legislatures defunct and thwart the democratic will of the people by sitting on Bills for years together.
2. Conflict Over Governors' Assent to Bills
- In the ongoing conflict between states governed by opposition parties and their Governors appointed by the President on the Centre's advice, a recent development has emerged.
- Over the past year, several states, including Kerala, Tamil Nadu, Telangana, and Punjab, have taken legal recourse by approaching the Supreme Court regarding Governors withholding assent to Bills for extended periods.
- This situation underscores a larger issue concerning the balance of powers and the functioning of state legislatures within India's federal structure.
3. Governor's Role in Lawmaking
- Article 200 of the Constitution delineates the role of the Governor in the legislative process. After a Bill has been passed by the state legislature, it must be presented to the Governor. Subsequently, the Governor holds three options: to give assent to the Bill, withhold assent, or reserve the Bill for consideration by the President.
- In cases where assent is withheld, Article 200 allows the Governor to return the Bill to the legislature, accompanied by a message requesting reconsideration of the Bill or specific provisions. If the Bill is passed again by the legislature, with or without amendments, and presented to the Governor for assent, the Governor is obligated to grant assent.
- However, the absence of a stipulated timeline in the article has led to ambiguity and disputes. Governors have frequently withheld assent to Bills for prolonged periods, leaving them and the state legislature in a state of uncertainty. This lack of clarity has prompted states to seek intervention from the Supreme Court to resolve the issue.
4. President's Role in the Legislative Process
- Article 201 of the Constitution outlines the role of the President in the legislative process, particularly when a Bill is sent for consideration after being passed by a state legislature.
- If a Bill is sent to the President for consideration, the President can choose to either give assent or withhold assent, as specified in Article 201.
- In cases where assent is withheld, the President requests the Governor to return the Bill to the state legislature for reconsideration.
- The state government then has a period of six months to reconsider the Bill; failing to do so results in the Bill lapsing.
- If the Bill is reconsidered and passed once again by the state legislature, it must be sent back to the President for assessment.
- Unlike the Governor, the President is not obliged to give assent when reviewing the reconsidered Bill.
- This scenario represents the only instance where state governments do not have the final say in their own lawmaking process, as the decision ultimately rests with the President.
5. Issues Raised by the Kerala Government
The Kerala government has raised significant concerns regarding the actions of Governor Khan and President Murmu, terming them as "manifestly arbitrary" actions that violate fundamental rights and constitutional provisions.
- The petition filed by the Kerala government argues that the actions of Governor Khan and President Murmu are "manifestly arbitrary," indicating unreasonable and irrational decision-making. This characterization points to a violation of the right to equality, as such actions lack justification and fairness.
- The Kerala government's petition asserts that the decision to keep Bills pending without making a prompt decision violates Article 200 of the Constitution. The provision mandates that the Governor should decide on Bills "as soon as possible" after presentation. By not adhering to this requirement, the Governor's actions are seen as undermining the functioning of the state legislature and rendering it ineffective.
- The petition further argues that the prolonged withholding of assent by the Governor has subverted the functioning of the state legislature, rendering it ineffective and serving no practical purpose. This challenges the essence of legislative processes and the role of the Governor in the lawmaking procedure.
- Regarding President Murmu's decision to withhold assent to four Bills without providing reasons, the Kerala government contends that this action violates Article 201 of the Constitution. Article 201 stipulates that the President should return a Bill with recommended amendments if the assent is withheld, emphasizing the need for transparency and reasons for such decisions.
6. Governors' Actions and State Governments' Responses
Several states have encountered challenges related to Governors' actions in withholding assent to Bills and other matters, leading to disputes and legal interventions.
- Tamil Nadu's Experience: In November last year, the Supreme Court expressed concern over Tamil Nadu Governor R N Ravi withholding assent to 10 Bills enacted by the state legislature, some pending since January 2020. This action was criticized for its prolonged nature and lack of reasons provided. Additionally, disputes between Tamil Nadu's DMK government and Governor Ravi have been ongoing, including disagreements over ministerial appointments.
- Telangana's Grievance: Similarly, the Telangana government approached the Supreme Court in March 2023 due to former Governor Tamilisai Soundarajan's refusal to give assent to 10 Bills passed by the legislative assembly. Although Soundarajan eventually gave her assent, the delay and disputes highlighted tensions between the state government and the Governor's office.
- Legal Perspectives and Court Interventions: The issue of elected governments being subject to Governors' decisions, particularly in opposition-led states like Telangana. Despite legal arguments and requests for court directions, the Supreme Court refrained from passing detailed orders, emphasizing the constitutional intent behind timely decision-making as per Article 200.
- Political Dynamics and Future Implications: It's notable that Soundarajan, previously involved in assent disputes, is now a BJP candidate for the Lok Sabha elections. This political context adds complexity to the relationship between state governments and Governors, highlighting the ongoing challenges and potential implications for governance and constitutional principles.
7. Governor's Authority in Withholding Assent to Bills
- In November 2023, the Supreme Court deliberated on the issue of whether a Governor could withhold assent to Bills passed by the state legislature if they believed the session where the Bills were passed was convened illegally.
- This matter arose from Punjab, where Governor Banwarilal Purohit refused to give assent to four Bills passed by the Punjab Assembly, citing legal advice indicating a breach of law and procedure in their passage. Despite this, the Bills were not returned to the Assembly for reconsideration.
- The Supreme Court ruled that Governors do not possess the authority to obstruct the regular process of lawmaking by state legislatures.
- It clarified that the phrase "as soon as possible" in Article 200 implies that Governors cannot indefinitely delay action on Bills without any justification.
- The court emphasized that if a Governor chooses to withhold assent, they must adhere to the procedure outlined in the first proviso of Article 200, which involves returning the Bill to the state legislature for reconsideration.
- While the court outlined the responsibilities of Governors in the lawmaking process, it refrained from specifying a definitive timeline for Governors to make decisions on Bills.
- This omission has prompted the Kerala government to approach the Supreme Court seeking clarification on the issue.
8. The Way Forward
Addressing the challenges related to the Governor's assent requires a multi-dimensional approach that balances constitutional mandates, legal clarity, political responsibility, and public participation. Collaborative efforts among stakeholders and judicious use of constitutional mechanisms are key to ensuring robust and accountable governance in the legislative domain.
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For Prelims: Governor, Center-state relations, Article 200 For Mains:
1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words)
2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words)
3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections. (250 Words)
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Previous Year Questions
1. With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019)
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
2. Consider the following statements: ( UPSC 2018) 1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 3.Which of the following are the discretionary powers given to the Governor of a State? (2014)
1. Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
2. Reserving certain bills passed by the State Legislature for consideration of the President of India
3. Making the rules to conduct the business of the State Government
Select the correct answer using the code given below. A. 1 and 2 only B. 1 and 3 only C. 2, 3 and 4 only D. 1, 2, 3 and 4
4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
Answers: 1-C, 2-C, 3-B, 4-C
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Source: The Indian Express
GOODS AND SERVICE TAX (GST)
1. Context
The Group of Ministers (GoM) on Rate Rationalisation, formed by the Goods and Services Tax (GST) Council, has decided to accept the Centre’s two-rate structure proposal for GST and will be recommending this to the GST Council
2. What is the Goods and Services Tax (GST)?
- The Goods and Services Tax (GST) is a value-added tax levied on the supply of goods and services at each stage of the production and distribution chain. It is a comprehensive indirect tax that aims to replace multiple indirect taxes imposed by the central and state governments in India.
- GST is designed to simplify the tax structure, eliminate the cascading effect of taxes, and create a unified national market. Under the GST system, both goods and services are taxed at multiple rates based on the nature of the product or service. The tax is collected at each stage of the supply chain, and businesses are allowed to claim a credit for the taxes paid on their inputs.
- The GST system in India came into effect on July 1, 2017, replacing a complex tax structure that included central excise duty, service tax, and state-level taxes like VAT (Value Added Tax), among others. The GST Council, consisting of representatives from the central and state governments, is responsible for making decisions on various aspects of GST, including tax rates and rules.
- GST is intended to create a more transparent and efficient tax system, reduce tax evasion, and promote economic growth by fostering a seamless flow of goods and services across the country. It has a significant impact on businesses, as they need to comply with the new tax regulations and maintain detailed records of their transactions for GST filing
3.Goods and Services Tax (GST) and 101st Amendment Act, 2016
The Goods and Services Tax (GST) in India was introduced through the 101st Amendment Act of 2016. This constitutional amendment was a crucial step in the implementation of GST, which aimed to create a unified and comprehensive indirect tax system across the country.
Here are some key points related to the 101st Amendment Act and GST:
- The 101st Amendment Act was enacted to amend the Constitution of India to pave the way for the introduction of the Goods and Services Tax.
- It added a new article, Article 246A, which confers concurrent powers to both the central and state governments to levy and collect GST
- The amendment led to the creation of the GST Council, a constitutional body consisting of representatives from the central and state governments. The council is responsible for making recommendations on GST rates, exemptions, and other related issues
- The amendment introduced a dual GST structure, where both the central government and the state governments have the power to levy and collect GST on the supply of goods and services
- For inter-state transactions, the 101st Amendment Act provides that the central government would levy and collect the Integrated Goods and Services Tax (IGST), which would be a sum total of the central and state GST
- The amendment also included a provision for compensating states for any revenue loss they might incur due to the implementation of GST for a period of five years
The 101st Amendment Act was a critical legislative step that provided the constitutional framework for the implementation of GST in India. It addressed the need for a unified tax system, simplifying the tax structure and promoting a common market across the country. The subsequent establishment of the GST Council has played a pivotal role in the ongoing management and evolution of the GST system in India
4. What are the different types of Goods and Services Tax (GST)?
In India, the Goods and Services Tax (GST) is structured into different tax rates based on the nature of the goods and services. As of my last knowledge update in January 2022, the GST rates are divided into multiple slabs. It's important to note that tax rates may be subject to changes, and new amendments could have been introduced since then. As of my last update, the GST rates are as follows:
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Nil Rate:
- Some goods and services are categorized under the nil rate, meaning they attract a 0% GST. This implies that no tax is levied on the supply of these goods or services.
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5% Rate:
- This is a lower rate, applicable to essential goods such as certain food items, medical supplies, and other basic necessities.
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12% Rate:
- Goods and services falling in this category attract a 12% GST rate. Items such as mobile phones, processed foods, and certain services fall under this slab.
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18% Rate:
- A higher rate of 18% is applicable to goods and services such as electronic items, capital goods, and various services.
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28% Rate:
- The highest GST rate of 28% is applied to luxury items, automobiles, and certain goods and services that are considered non-essential or fall into the luxury category.
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Compensation Cess:
- In addition to the above rates, some specific goods attract a compensation cess, which is levied to compensate the states for any revenue loss during the transition to GST. This is often applied to items like tobacco and luxury cars.
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Zero Rate:
- Certain categories of goods and services may be specified as "zero-rated," which means they are effectively taxed at 0%. This is different from the nil rate, as it allows businesses to claim input tax credit on inputs, capital goods, and input services.
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Exempt Supplies:
- Some goods and services may be exempt from GST altogether. This means that they are not subject to any GST, and businesses cannot claim input tax credit on related inputs
5.Central GST (CGST), State GST (SGST), Union territory GST (UTGST) and Integrated GST (IGST)
| Subject | Central GST (CGST) | State GST (SGST) | Union Territory GST (UTGST) | Integrated GST (IGST) |
|---|---|---|---|---|
| Levied by | Central Government | Respective State Governments | Union Territory Administrations | Central Government (on inter-state transactions) |
| Applicability | On intra-state supplies (within the same state) | On intra-state supplies (within the same state) | On intra-union territory supplies (within the same union territory) | On inter-state supplies (across states or union territories) |
| Rate Determination | Determined by the Central Government | Determined by the Respective State Government | Determined by the Union Territory Administration | IGST rate is a sum of CGST and SGST rates |
| Revenue Collection | Collected by the Central Government | Collected by the Respective State Government | Collected by the Union Territory Administration | Collected by the Central Government (on inter-state transactions) |
| Utilization of Revenue | Shared between Central and State Governments | Retained by the Respective State Government | Retained by the Union Territory Administration | Shared between Central and State Governments |
| Purpose | Part of the dual GST structure, meant to cover central taxes | Part of the dual GST structure, meant to cover state taxes | Applicable in union territories for intra-territory supplies | Applied to regulate and tax inter-state supplies |
| Input Tax Credit (ITC) | ITC available for CGST paid on inputs and services | ITC available for SGST paid on inputs and services | ITC available for UTGST paid on inputs and services | ITC available for both CGST and SGST paid on inputs |
| Tax Jurisdiction | Applies within a particular state | Applies within a particular state | Applies within a particular union territory | Applies to transactions across states and union territories |
| GSTN Portal for Filing Returns | Central GSTN portal | State-specific GSTN portals | UTGSTN portal | Integrated GSTN portal |
6.What are the benefits of Goods and Services Tax (GST) in India?
The Goods and Services Tax (GST) in India was implemented with the aim of bringing about significant reforms in the indirect tax structure. Several benefits have been associated with the introduction of GST.
Here are some key advantages:
- GST replaced multiple indirect taxes levied by the central and state governments, simplifying the tax structure. This streamlined system reduces the complexity of compliance for businesses
- GST eliminates the cascading effect of taxes, where taxes are levied on top of other taxes. With a seamless credit mechanism, businesses can claim input tax credit on the taxes paid on their purchases, leading to a more transparent and efficient system
- GST has facilitated the creation of a common national market by harmonizing tax rates and regulations across states. This has reduced trade barriers and promoted the free flow of goods and services throughout the country
- The GST system has incorporated technology-driven processes, including electronic filing and real-time reporting, making it harder for businesses to evade taxes. This has contributed to increased tax compliance
- The input tax credit mechanism under GST benefits manufacturers, as they can claim credits for taxes paid on raw materials and input services. This has a positive impact on the cost of production and enhances the competitiveness of Indian goods in the international market
- GST brings transparency to the taxation system. The online filing of returns and the availability of transaction-level data make it easier for tax authorities to monitor and track transactions, reducing the scope for corruption
- GST has replaced a complex system of filing multiple tax returns with a more straightforward mechanism. Businesses now need to file fewer returns, reducing the compliance burden
- The implementation of GST has contributed to an improvement in the ease of doing business in India. The unified tax system has made it simpler for businesses to operate across states and has reduced the paperwork and bureaucratic hurdles associated with tax compliance
- GST has led to the harmonization of tax rates across states and union territories, minimizing the tax rate disparities that existed earlier. This creates a more predictable tax environment for businesses
7.Goods and Services Tax (GST)-Issues and Challenge
- Despite the intention to simplify the tax structure, the multi-tiered rate system (0%, 5%, 12%, 18%, and 28%) and the inclusion of cess on certain goods have introduced complexity. The classification of goods and services under different tax slabs can be challenging, leading to disputes and confusion
- The successful implementation of GST relies heavily on technology. Issues such as technical glitches on the GSTN (Goods and Services Tax Network) portal, especially during the initial phases, have caused difficulties for businesses in filing returns and complying with regulations
- The compliance requirements for businesses under GST, including multiple returns filing, have been perceived as burdensome. Smaller businesses, in particular, may find it challenging to adapt to the new system and comply with the various provisions
- The transition from the previous tax regime to GST posed challenges, especially for businesses in terms of understanding the new tax structure, reconfiguring accounting systems, and ensuring a smooth transition of credits from the old tax system to the GST system
- The classification of certain goods and services into specific tax slabs has been a source of contention. Ambiguities in classification have led to disputes and litigations, with businesses seeking clarity on the applicable tax rates
- The implementation of GST has increased compliance costs for businesses due to the need for sophisticated IT infrastructure, the hiring of tax professionals, and efforts to ensure accurate reporting and filing
- Challenges related to availing and matching input tax credits have been reported. Timely matching of credits and resolving discrepancies can be cumbersome, leading to concerns about the seamless flow of credit across the supply chain
- The anti-profiteering provisions were introduced to ensure that businesses pass on the benefits of reduced tax rates to consumers. However, the implementation of anti-profiteering measures has been criticized for its complexity and potential for disputes
- The periodic changes in the GST return filing system have created challenges for businesses in adapting their processes. Delays and complexities in return filing can affect working capital management
8.Goods and Services Tax Council (GST Council)
The Goods and Services Tax Council (GST Council) is a constitutional body in India that makes recommendations on the Goods and Services Tax (GST). It was established under the Constitution (122nd Amendment) Act, 2016, which introduced the GST in India
The GST Council consists of the following members:
- The Union Finance Minister, who is the Chairperson of the Council.
- The Union Minister of State in charge of revenue or any other Minister of State nominated by the Union Government.
- One Minister from each state, nominated by the Governor of that state.
- The Chief Secretary of each state, ex-officio.
- If the President, on the recommendation of the Council, so directs, one representative of each Union territory which has a legislature, to be nominated by the Lieutenant Governor of that Union territory.
- Three to seven members (other than Ministers) to be nominated by the Union Government, of whom at least one member shall be from the field of economics and another from the field of chartered accountancy, legal affairs or public finance
9. Way forward
It's important to note that the composition and structure of the GST Council may evolve over time, and there might have been changes since my last update in January 2022. To obtain the latest and most accurate information about the GST Council and its members, it is recommended to refer to official government sources or recent announcements by the relevant authorities
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For Prelims: Economic and Social Development and Indian Polity and Governance
For Mains: General Studies II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein
General Studies III: Inclusive growth and issues arising from it |
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Previous Year Questions
1.Which of the following are true of the Goods and Services Tax (GST) introduced in India in recent times? (UGC Paper II 2020)
A. It is a destination tax
B. It benefits producing states more
C. It benefits consuming states more
D. It is a progressive taxation
E. It is an umbrella tax to improve ease of doing business
Choose the most appropriate answer from the options given below:
A.B, D and E only
B.A, C and D only
C.A, D and E only
D.A, C and E only
Answer (D)
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Source: Indianexpress
PRESIDENTIAL REFERENCE
1. Context
The Supreme Court, through its five-judge Constitution bench, is currently hearing the reference made by President Droupadi Murmu — after a two-Judge bench fixed timelines for the President and Governors to act on Bills sent by State Legislatures. The Supreme Court has asked the Centre if a Governor has unlimited power to withhold a Bill for time immemorial, then what is the safeguard for a duly elected legislature.
2. Historical context of presidential reference
The Supreme Court's advisory role, as outlined in Article 143, traces its origins to the Government of India Act of 1935. This act granted the Governor-General the authority to seek the opinion of the federal court on significant legal matters.
A comparable feature exists in the Canadian Constitution, where the Supreme Court of Canada is empowered to give advisory opinions on legal issues referred by either the federal or provincial governments. In contrast, the U.S. Supreme Court has consistently refused to issue advisory opinions to the executive branch, adhering strictly to the principle of separation of powers embedded in the American Constitution
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Under Article 143 of the Constitution, the President has the authority to seek the Supreme Court’s opinion on any legal or factual issue deemed to be of public significance. This referral is made based on the advice of the Union Council of Ministers. According to Article 145, such matters must be examined by a bench comprising at least five judges of the Supreme Court. Following the hearing, the Court may deliver its opinion as it deems appropriate. While the opinion is not legally binding on the President and does not set a judicial precedent, it holds considerable persuasive value. Consequently, it is generally respected and adhered to by both the executive and the judiciary |
3. Past instances
- Since 1950, approximately fifteen presidential references have been made to the Supreme Court, excluding the most recent one. Below are brief summaries of some notable opinions delivered by the Court in response to these references.
- The first such reference came in the Delhi Laws Act case (1951), where the Court outlined the concept of delegated legislation, allowing the legislature to delegate certain law-making powers to the executive for efficient law implementation.
- In the Kerala Education Bill case (1958), the Court established the principle of harmonious interpretation between Fundamental Rights and the Directive Principles of State Policy, while also clarifying the constitutional safeguards for minority-run educational institutions under Article 30.
- In the Berubari Union case (1960), the Court held that any transfer or acquisition of Indian territory requires a constitutional amendment as per Article 368. The Keshav Singh case (1965) addressed the scope of legislative powers and privileges.
- In the Presidential Election case (1974), the Court ruled that elections for the President must proceed even if there are vacancies in the electoral college due to the dissolution of state assemblies.
- The Special Courts Bill reference (1978) was particularly important, as the Court clarified that it can choose not to respond to a reference, that the questions posed must be clear and precise, and that the judiciary must not intrude into Parliament's domain when giving its opinion.
- The Third Judges case (1998) resulted in a comprehensive set of guidelines shaping the collegium system for appointing judges to the higher judiciary.
- Although the Supreme Court is not bound to respond to every reference, it has declined to provide an opinion on only one occasion — in 1993, concerning the Ram Janmabhoomi dispute
4. Current reference
- The current presidential reference stems from a recent Supreme Court ruling that established specific timelines for the President and State Governors to act on Bills passed by State legislatures.
- In that judgment, the Court also asserted that the decisions made by the President and Governors regarding such Bills are open to judicial scrutiny. This reference has posed 14 key questions, mainly focusing on the interpretation of Articles 200 and 201 of the Constitution.
- The central government has raised concerns about whether courts can impose timelines when the Constitution itself does not prescribe any. It also questions whether the actions of the President and Governors, taken before a Bill becomes law, can be subjected to judicial review. Additionally, the reference seeks clarity on the scope of the Supreme Court’s powers under Article 142.
- This legal dispute has largely been driven by political tensions between the Union government and Opposition-led State governments. In its judgment, the Supreme Court had referred to the timelines mentioned in a Ministry of Home Affairs Office Memorandum concerning the President's assent to Bills.
- Notably, in the Cauvery dispute reference (1992), the Court had stated that, in an advisory capacity, it does not have the authority to review its previous rulings.
- Nevertheless, a definitive opinion in the present case is expected to bring clarity to important constitutional questions, thereby aiding in the effective functioning of federalism and democratic governance
5. Way Forward
The advisory jurisdiction of the Supreme Court under Article 143 plays a vital role in clarifying complex constitutional questions and ensuring the smooth functioning of India's democratic framework. While not binding, the Court’s opinions carry significant persuasive authority and are generally respected by both the executive and judiciary. Historical references, from the Delhi Laws Act case to the Third Judges case, have helped shape important legal doctrines on delegated legislation, federalism, judicial appointments, and legislative privileges
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For Prelims: Article 143, Supreme Court's advisory jurisdiction
For Mains: General Studies II - Indian Polity & Governance
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Previous Year Questions
Prelims
1. Consider the following statements: (UPSC 2017) 1. The Election Commission of India is a five-member body.
2. 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 2. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019) Answer: B 3. Consider the following statements : (UPSC 2021) 1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. 1 and 3 D. 2 and 3
4. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS Prelims 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?
1. Only (A) and (B)
2. (A), (B), (C) and (D)
3. Only (B), (C) and (D)
4. Only (A), (C) and (D)
Answer: 2
5. With reference to the PM CARES Fund, consider the following statements: (AFCAT 27 2022)
I. The amount collected by it directly goes to the Consolidated Fund of India.
II. It can avail donations from the foreign contribution and donations to fund can also avail 100% tax exemption.
Which of the above statements is/are correct?
A. I only B. II only C. Both I and II D. Neither I nor II
Answer: B
6. The Prime Minister's National Relief Fund is operated by which one of the following bodies? (CDS 2019)
A. The Prime Minister's Office (PMO)
B. The National Disaster Management Authority
C. The Ministry of Finance
D. The National Development Council (NDC)
Answer: A
Mains 1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC 2018) 2. 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 Hindu
NATIONAL TIGER CONSERVATION AUTHORITY (NTCA)
1. Context
Recently, the National Tiger Conservation Authority (NTCA) has limited the number of tiger corridors, primarily, to only 32 “least cost pathways” identified in 2014
2. About the National Tiger Conservation Authority
The National Tiger Conservation Authority (NTCA) is a statutory body of the Government of India, established in 2005 to oversee the implementation of the Project Tiger initiative and ensure the conservation and protection of tigers and their habitats across the country. The NTCA operates under the Ministry of Environment, Forests and Climate Change, and its organizational structure includes a Governing Body, a Standing Committee, and a small Secretariat to facilitate day-to-day operations.
Key Objectives
- The primary objective of NTCA is to formulate policies and implement programs for the conservation of tigers, their prey species, and the ecosystems they inhabit.
- NTCA plays a central role in the implementation of Project Tiger, which was launched in 1973 to conserve India's national animal and its habitats.
- NTCA is responsible for monitoring and assessing the status of tigers in India, including conducting tiger censuses, assessing the effectiveness of conservation measures, and collecting data on tiger populations.
- NTCA ensures compliance with the Wildlife Protection Act, 1972, and other relevant laws to combat wildlife crimes, including poaching and illegal trade of tiger parts.
Key Functions
- NTCA oversees the management of tiger reserves across the country, coordinating with state governments and relevant authorities to ensure effective conservation practices.
- NTCA provides financial and technical support to tiger reserves for habitat management, anti-poaching efforts, community involvement, and other conservation initiatives.
- While the primary focus is on tigers, NTCA also contributes to the conservation of biodiversity within tiger reserves, recognizing the interconnectedness of species and ecosystems.
- NTCA promotes research activities related to tiger conservation and wildlife ecology. It also emphasizes capacity building for forest officials, field staff, and local communities involved in tiger conservation efforts.
Challenges and Initiatives
- NTCA addresses challenges related to human-wildlife conflict by developing strategies for coexistence, compensating affected communities, and implementing mitigation measures.
- Conservation initiatives involve addressing habitat degradation issues, afforestation programs, and sustainable development practices to maintain viable tiger habitats.
- NTCA works on strengthening anti-poaching measures and collaborating with law enforcement agencies to combat illegal wildlife trade and activities threatening tiger populations.
3. About the Canopy Walk Tourism Project
- The Canopy Walk Tourism Project, funded by the Karnataka Tourism Department, was executed in the vicinity of Kuveshi within the Castlerock Wildlife Range, a component of the Dandeli Wildlife Reserve.
- To enhance protection and administration, the jurisdiction over this region has been entrusted to the Director of the Kali Tiger Project.
- Spanning a distance of 240 meters and elevated approximately 30 feet above the ground, the canopy walkway offers a unique experience.
- Opened to the public in 2021, the project aims to promote tourism and environmental appreciation in the area.
Objections
- Residents argue that the project violates the 1980 Act by diverting forest land for eco-tourism without being part of the management plan or tiger conservatory plan.
- Karnataka Tourism Policy prohibiting new tourist facilities in wildlife-protected areas, aligning with the Wildlife Protection Act and Supreme Court directives.
- Residents point out that the project contradicts section 38(O)(1)(c) of the Wildlife Protection Act by introducing new tourism infrastructure (except for minor homestay alterations) in and around tiger reserves.
- The constructions allowed by the Court within tiger reserves are limited to those essential for protection or within approved management plans, neither of which applies to the Canopy Walk.
- While the area falls in the approved tourism zone of the Kali Tiger Project plan, details regarding the Canopy Walk and its permissibility for tourism are absent.
- The project, along with the Jungle Safari, has significantly increased tourism pressure in the Castlerock region, exceeding allowed activities like trekking and bird watching.
4. About Dandeli Wildlife Reserve
Dandeli Wildlife Reserve, located in the Uttara Kannada district of Karnataka, India, stands as a testament to the region's rich biodiversity and ecological significance. Nestled along the Western Ghats, this sanctuary is renowned for its diverse flora and fauna, pristine landscapes, and the Kali River that meanders through its expanse.
- Geographical Features: Situated in the Western Ghats, Dandeli Wildlife Reserve is part of the larger Dandeli-Anshi Tiger Reserve and spans an area of approximately 834.16 square kilometres. The reserve is traversed by the Kali River, enhancing its ecological diversity and serving as a lifeline for numerous species of flora and fauna.
- Flora: The reserve boasts a lush and varied vegetation cover, including dense deciduous and evergreen forests. The diverse plant life supports a range of wildlife habitats, contributing to the overall ecological balance.
- Fauna: Dandeli Wildlife Reserve is home to a diverse array of wildlife, including elephants, tigers, leopards, black panthers, deer species like sambar and spotted deer, Indian bison, and various species of primates. The sanctuary is a haven for birdwatchers, with over 200 avian species, including the Malabar pied hornbill, great hornbill, Indian grey hornbill, and several species of eagles, making it an ornithologist's paradise.
- Activities: The reserve offers visitors an opportunity to explore its natural beauty through wildlife safaris, providing a chance to observe the resident fauna in their natural habitats. The Kali River also offers thrilling opportunities for river rafting, attracting adventure enthusiasts. Nature trails and trekking routes lead visitors through the heart of the reserve, offering a more immersive experience amid the wilderness.
- Conservation Efforts: Dandeli Wildlife Reserve plays a crucial role in conservation efforts, contributing to the protection of endangered species and maintaining the ecological balance of the Western Ghats. The reserve is part of the Dandeli-Anshi Tiger Reserve, reflecting its commitment to preserving the region's flagship species.
- Challenges and Conservation Initiatives: While the reserve thrives with biodiversity, it faces challenges such as habitat degradation and human-wildlife conflicts. Conservation initiatives, including community involvement, habitat restoration, and sustainable tourism practices, are crucial for addressing these challenges and ensuring the long-term health of the ecosystem.
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For Prelims: National Tiger Conservation Authority, Dandeli Wildlife Reserve, Western Ghats, Kali River, Wildlife Protection Act, 1972, Project Tiger, Karnataka Tourism Policy, flora, fauna
For Mains:
1. Discuss the challenges and potential solutions for balancing tourism development with wildlife conservation in protected areas. (250 Words)
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Previous Year Questions
1. The term ‘M-STRIPES’ is sometimes seen in the news in the context of (UPSC 2017) (a) Captive breeding of Wild Fauna (b) Maintenance of Tiger Reserves (c) Indigenous Satellite Navigation System (d) Security of National Highways
2. Consider the following statements: (UPSC 2014) 1. Animal Welfare Board of India is established under the Environment (Protection) Act, of 1986.
2. National Tiger Conservation Authority is a statutory body.
3. National Ganga River Basin Authority is chaired by the Prime Minister.
Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 only (c) 2 only (d) 1, 2 and 3
3. Which one of the following is the well-publicized wildlife campaign in the world launched in 1973? (BPSC 2023) A. Sunderbans B. Project Project C. Tiger Lion Project D. More than one of the above E. None of the above
4. Which one of the following tiger reserves of India has ‘Bhoorsingh the Barasingha’ as its official mascot? (UPSC CAPF 2017)
A. Nameri tiger reserve
B. Ranthambhore tiger reserve
C. Panna tiger reserve
D. Kanha tiger reserve
5. From the ecological point of view, which one of the following assumes importance in being a good link between the Eastern Ghats and the Western Ghats?(UPSC CSE 2017)
(a) Sathyamangalam Tiger Reserve (b) Nallamala Forest (c) Nagarhole National Park (d) Seshachalam Biosphere Reserve
6. Dandeli Wildlife Sanctuary is located in which of the following states? (SSC CHSL2021)
A. Kerala B. Karnataka C. Jharkhand D. Sikkim
7. Which of the following Protected Areas are located in Cauvery basin? (upsc 2020)
Select the correct answer using the code given below: (a) 1 and 2 only (b) 3 and 4 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4
8. According to the Wildlife (Protection) Act, 1972, which of the following animals cannot be hunted by any person except under some provisions provided by law? (UPSC 2017)
1. Gharial
2. Indian wild ass
3. Wild buffalo
Select the correct answer using the code given below:
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
9. With reference to Indian laws about wildlife protection, consider the following statements: (UPSC 2022)
1. Wild animals are the sole property of the government.
2. When a wild animal is declared protected, such animal is entitled for equal protection whether it is found in protected areas or outside.
3. Apprehension of a protected wild animal becoming a danger to human life is sufficient ground for its capture or killing.
Which of the statements given above is/are correct?
A.1 and 2 B. 2 only C.1 and 3 D. 3 only
10. In the field of tourism, which one of the following Indian States is described as 'One State Many Worlds'? (CDS GK 2020)
A. Assam B. West Bengal C. Karnataka D. Rajasthan
Answers: 1-B, 2-B, 3-B, 4-D, 5-A, 6-B, 7-C, 8-D, 9-A, 10-C
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Source: The Indian Express
