ELECTION COMMISSION OF INDIA (ECI)
- The Election Commission of India (ECI) is a permanent and independent constitutional body tasked with ensuring the conduct of free and fair elections across the Union and States of India.
- The ECI has the authority to supervise, direct, and manage elections to the Parliament, state legislatures, and the offices of the President and Vice President of India. However, since the ECI does not manage elections for state-level urban bodies such as municipalities and panchayats, a separate State Election Commission exists for this purpose.
- Notably, based on Dr. B. R. Ambedkar's guidance at the Constituent Assembly, a committee tasked with addressing Fundamental Rights suggested that the independence of elections and the protection from executive interference in legislative elections should be considered a fundamental right and included in the chapter on Fundamental Rights.
- While the idea was generally accepted, some members proposed that it be placed in a different section of the Constitution. Consequently, the Drafting Committee, following the House's decision, moved this provision from the Fundamental Rights chapter to another part of the Constitution
The Constitution includes a series of articles (Articles 324–329) that grant powers to the Election Commission and outline its possible roles and responsibilities.
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Article 324: Grants the authority for overseeing, directing, and controlling the preparation of electoral rolls and the conduct of all elections to Parliament, state legislatures, and the offices of the President and Vice-President.
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Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, sex, or any of these factors.
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Article 326: Establishes adult suffrage as the foundation for elections to the House of the People and State Legislative Assemblies.
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Article 327: Allows Parliament to pass laws, in accordance with the Constitution, regarding all matters related to elections to Parliament and State Legislative Assemblies.
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Article 328: Empowers state legislatures to enact laws concerning all matters related to elections to the state's legislative bodies.
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Article 329: Prevents courts from interfering in electoral matters
The responsibilities and functions of the Election Commission of India (ECI) can be categorized into advisory, quasi-judicial, and administrative roles.
- Advisory: The Constitution grants the ECI the authority to advise on the post-election disqualification of sitting members of Parliament and State Legislatures. The ECI is also consulted in cases where individuals are found guilty of corrupt practices during elections, as brought before the Supreme Court and High Courts, to decide if they should be disqualified from contesting future elections and for how long. In such matters, the President or, where applicable, the Governor, is required to follow the ECI's advice.
- Quasi-Judicial: The ECI has the power to disqualify a candidate who fails to submit their election expense accounts within the legally required timeframe and format. It also has the authority to remove or reduce other legal disqualifications. Additionally, the ECI resolves disputes related to the recognition of political parties and the allocation of election symbols. The commission sets a model code of conduct and ensures compliance by all candidates and political parties during elections.
- Administrative: The ECI's administrative duties include delimiting electoral constituencies and managing the registration of eligible voters, as well as regularly updating electoral rolls. The commission is responsible for announcing election schedules and dates, reviewing nomination documents, recognizing political parties, and assigning them election symbols. The ECI can also nullify voting in cases of violence, booth capturing, tampering, or other irregularities. It oversees the financial expenditure of political parties on candidates' campaigns impartially.
The ECI also designates specific roles to register political parties for elections and grants them the status of national or state parties based on their performance in the polls. These roles include the person in charge of elections, the District Election Officer, and the Election Registration and Returning Officer
5. Composition of Election Commission of India
- Since its inception in 1950, the Chief Electoral Commissioner (CEC) was the sole member of the Election Commission of India (ECI). However, after the voting age was lowered from 21 to 18 in 1989, a large influx of new voters was added. To manage this increased workload, two additional commissioners were appointed, expanding the ECI to include three commissioners.
- In January 1990, some changes were made to the structure of the ECI, but it was soon reverted to its original form. Following discussions and debates in the political sphere, the President ultimately reconstituted the commission in 1993, adding two more commissioners, establishing the current structure of the ECI.
- The Chief Election Commissioner and the other election commissioners are appointed by the President, who also determines their terms of office and service conditions. All commissioners, including the CEC, receive the same salary, benefits, and powers as judges of the Supreme Court.
- If there is a disagreement among the three members, decisions are made by a majority vote. Commissioners serve a term of up to six years or until they reach the age of 65, whichever comes first. They hold a status equivalent to that of Supreme Court justices in India.
- The Chief Election Commissioner can only be removed from office through the same process used to remove a Supreme Court judge. This involves the President dismissing the CEC based on a resolution supported by a special majority in both Houses of Parliament, on grounds of proven misconduct or incapacity.
- In conclusion, as outlined by the Constitution, the ECI is responsible for supervising, directing, and conducting elections for the offices of President, Vice President, state legislatures, and Parliament.
- For elections to state-level urban bodies like municipalities and panchayats, a separate State Election Commission exists. The ECI plays a crucial role in upholding the democratic process by ensuring free and fair elections for key political positions in the country
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For Prelims: Election Commission of India, Chief Election Commissioner, Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, State Election Commission, Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs).
For Mains: 1. Discuss the powers and functions of the Election Commission of India. How does the Election Commission ensure the conduct of free and fair elections in the Country? (250 words).
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Previous year Question1. 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 recognized 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. 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
Answer: B
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CHABAHAR PORT
1.Context
2.Why is Chabahar back in the news?
- Ahead of the visit to Iran, where Mr Sonowal met with senior Ministers as well as officials connected to the Shahid Beheshti terminal project development.
- An official statement said that the visit would be a chance to "Strengthen ties and the maritime relationship" between the two countries.
- Due to the pandemic, there were fewer visits from India to Iran and vice-versa.
- This visit will also highlight the importance of Chabahar as a gateway for Indian Trade with Europe, Russia and the CIS (Commonwealth of Independent States) Countries.
- Mr Sonowal reviewed the progress in the work on the terminal and handed over six mobile harbour cranes to improve efficiency and invigorate the potential of chabahar in the loading and unloading operations at the port.
3.India's strategic vision
The first agreement for Chabahar was signed by then Prime Minister Atal Bihari Vajpayee in 2003, the plan had a three-fold objective.
- To build India's first offshore port and to project Indian infrastructure prowess in the Gulf,
- To circumvent trade through Pakistan, given the tense ties with India's neighbour and build a long-term, sustainable sea trade route and
- To find an alternative land route to Afghanistan, which India had rebuilt ties with after the defeat of the Taliban in 2001.
| Prime Minister Manmohan Singh's government constructed the Zaranj-Delaram Highway in Afghanistan's South, which would help connect the trade route from the border of Iran to the main trade routes to Heart and Kabul, handing it over to the Karzai government in 2009. |
4.Trilateral Agreement
- In 2016, Prime Minister Narendra Modi travelled to Tehran and signed the agreement to develop Chabahar port, as well as the trilateral agreement for trade through Chabahar with Afghanistan's President Ashraf Ghani.
- Since the India Ports Global Chabahar Free Zone (IPGCFZ) authority took over the operations of the port in 2018.
- It has handled 215 vessels, 16, 000 TEUs (Twenty-foot Equivalent Units) and four million tons of bulk and general cargo, the government said in Parliament last month.
5.Chabahar Route
- In the last few years, a fourth strategic objective for the Chabahar route has appeared, with China's Belt and Road Initiative making inroads in the region.
- The government hopes to provide Central Asia with an alternate route to the China-Pakistan Economic Corridor (CPEC) through Iran for Future Trade.
| Mr Sonowal in his Speech at the Chabahar Day function said that it is India's vision to make the Shahid Beheshti port a transit hub and link it to the International North-South Trade Corridor (INSTC) that also connects to Russia and Europe. |
6.Reasons for the delay
- Since the beginning, the development of the Shahid Beheshti terminal in Chabahar, as well as surrounding infrastructure, has hit geopolitical roadblock after roadblock.
- The biggest issue has been over Iran's relationship with western countries, especially the United States.
- In years when Western sanctions against Iran increased and the Chabahar project has been put on the back-burner, while in the years when nuclear talks that resulted in the Joint Comprehensive Plan of Action (JCPOA) in 2015 came into being, the Chabahar port has been easier to work on.
- In 2018, the U.S. Trump administration put paid to India's plans by walking out of the JCPOA and slapping new sanctions on dealing with Iran.
- This led to the Modi Government "Zeroing out" all its oil imports from Iran, earlier a major supplier to India, causing a strain in ties.
- Even though the U.S. made a special "carve-out" on sanctions for Chabahar.
- On the ground, has been difficult to source equipment for the port construction from infrastructure companies that continue to fear secondary sanctions, as well as to engage in shipping and insurance companies for trade through Chabahar.
7.Ties with Taliban
- The Modi Government also snapped ties with Afghanistan after the Taliban takeover in August 2021, which put an end to the Humanitarian aid of wheat and pulses that were being sent to Kabul via Chabahar.
- When India restarted Wheat aid to Afghanistan this year, it negotiated with Pakistan to use the land route instead.
- With the government now reopening the Indian Embassy in Kabul and Establishing ties with the Taliban government.
- The Chabahar route may once again be employed, another reason for the recent flurry of activity at the Iranian port the terminal that India has pinned so many hopes on.
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For Prelims: Chabahar Port, Belt and Road Initiative
For Mains: Significance of Chabahar Port to India, Relation between Iran and India
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Previous Year Questions
1.What is the importance of developing Chabahar Port by India? (2017) (a) India’s trade with African countries will enormously increase. (b) India’s relations with oil-producing Arab countries will be strengthened. (c) India will not depend on Pakistan for access to Afghanistan and Central Asia. (d) Pakistan will facilitate and protect the installation of a gas pipeline between Iraq and India Answer (c) The development of Chabahar Port by India is crucial because it provides India with an alternative route to Afghanistan and Central Asia, bypassing Pakistan. The port, located in Iran, helps India enhance its strategic and economic ties in the region, facilitating trade and transportation while reducing its reliance on Pakistan for land access to Afghanistan
Mains
1. In what ways would the ongoing U.S-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to this situation? (2018) 2. The question of India’s Energy Security constitutes the most important part of India’s economic progress. Analyse India’s energy policy cooperation with West Asian countries. (2017) |
DEEPFAKES
1. Context
2. What are Deepfakes
- Deepfake is a type of synthetic media in which a person in an already-existing video or image is replaced with another person. It manipulates the audio/video, which has the propensity to the device, using machine learning and artificial intelligence.
- Due to the ease with which bogus news, celebrity pornographic content, etc. get shared online, it has drawn attention.
- It makes a fake version of original or real audio-visual content by superimposing a new audio or image over an existing media file.
- In September 2019, the AI company Deeptrance discovered 15,000 deep fakes videos online-nearly tripling in just nine months. A starting 96% of them were pornographic, and 99% of them matched the faces of famous women to porn actors.
- Deepfakes can be used to damage reputation, fabricate evidence, defraud the public, and undermine trust in democratic institutions.
- All this can be achieved with fewer resources, with scale and speed, and even microtargeted to galvanize support.
- Deepfake content is created by using two competing AI algorithms- one is called the generator and the other is called the discriminator.
- The discriminator is tasked with determining if the fake multimedia content produced by the generator is real and manufactured.
- A generative adversarial network is created when the generator and discriminator work together (GAN). Every time the discriminator correctly recognizes the content as being fake, it gives the generator important insights into how to make the next deep fakes better.
- The first step in establishing a GAN is to identify the desired output and create a training dataset for the generator.
- Video clips can be supplied to the discriminator after the generator starts producing output at a level that is acceptable.
- The first case of malicious use of deep fake was detected in pornography. According to sensity.ai, 96% of deepfakes are pornographic videos, with over 135 million views on pornographic websites alone. Deepfake pornography exclusively targets women.
- Pornographic deepfakes can threaten, intimidate, and inflict psychological harm. It reduces women to sexual objects causing emotional distress, and in some cases, leading to financial loss and collateral consequences like job loss.
- Deepfake could act as a powerful tool by a malicious nation-state to undermine public safety and create uncertainty and chaos in the target country. Deepfake can undermine trust in institutions and diplomacy.
- Deepfake causes financial fraud, which poses problems for the entire financial system.
- In the era of the threat of fake news, it also poses a threat to the security of cyber systems and the validity of online registration.
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Deepfakes in phishing efforts would make it more challenging for people to recognize a hoax.
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In any nation, deep fakes can be used to sabotage democratic procedures like elections.
- The potential for harm to people, organizations, and societies is enormous since it can be used to generate phony pornographic videos and make politicians appear to say things they did not.
- Any genuine evidence of a crime can be easily discounted as false because the public is so distrustful due to the prevalence of deep fakes.
- Fake movies are likely to become more popular outside the world of celebrities as new technology enables unskilled people to create deep fakes with just a few images. This will feed the growth of revenge porn.
- The use of fake identities and impostor frauds in cybercrime is rising.
6. What is the Solution?
- Media literacy efforts must be enhanced to cultivate a discerning public. Media literacy for consumers is the most effective tool to combat disinformation and deep fakes.
- We also need meaningful regulations with a collaborative discussion with the technology industry, Civil society, and policymakers to develop legislative solutions to disincentivize the creation and distribution of malicious deepfakes.
- Social media platforms are taking cognizance of the deepfake issue, and almost all of them have some policy or acceptable terms of use for deepfakes.
- We also need easy-to-use and accessible technology solutions to detect deepfakes, authenticate media, and amplify authoritative sources.
For Prelims & Mains
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For Prelims: Artificial Intelligence (AI), Deepfake Technology, and AI algorithms.
For Mains: 1. What are deepfakes and explain the challenges with deep-fake technology in the present technological world.
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STUBBLE BURNING
1. Context
The Supreme Court and the Union government differed sharply on Wednesday over how to deal with farmers who pollute the air by burning stubble ahead of the winter season.
Chief Justice of India B.R. Gavai, heading a Bench, advocated a return to criminal prosecution of errant agriculturists, even suggesting a separate legislation. The Centre, however, maintained that its policy was to take farmers along rather than put them behind bars.
2. What is Stubble?
Stubble refers to the leftover plant material, mainly crop residues, that remains in the field after the primary crop has been harvested. This includes the stems, leaves, and other organic material that is left behind.
Stubble burning is a common agricultural practice where farmers set fire to crop residues, such as straw and stubble, that remain in the field after the main crop (usually paddy or wheat) has been harvested. This practice is typically used as a quick and cost-effective method to clear the field for the next planting season. Stubble burning is particularly prevalent in regions with mechanized farming, where machines like combine harvesters leave behind a significant amount of crop residues.
3. Stubble burning contributes to air pollution
When stubble is burned, it releases a variety of pollutants into the air, including particulate matter, carbon monoxide, nitrogen oxides, and sulfur dioxide. These pollutants can cause several health problems, including respiratory problems, heart disease, and cancer.
Stubble burning is a major contributor to air pollution in many parts of the world. In India, for example, stubble burning is responsible for up to 30% of the air pollution in Delhi during the winter months.
- Stubble burning generates fine particulate matter (PM2.5 and PM10) that can penetrate deep into the respiratory system, leading to respiratory problems and reduced air quality.
- The combustion of stubble releases carbon monoxide, which can have adverse health effects when inhaled, particularly in enclosed spaces.
- Stubble burning produces Volatile Organic Compounds (VOCs), which can react with other pollutants in the atmosphere, contributing to the formation of ground-level ozone, a major air pollutant.
- Burning stubble emits greenhouse gases like carbon dioxide (CO2) and methane (CH4), contributing to climate change.
- The combustion of crop residues can release various hazardous chemicals and pollutants, further deteriorating air quality.
4. About the Central Scheme for the Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue
The Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue (AMICMR) is a scheme launched by the Government of India to promote the use of in-situ techniques for managing crop residue. In-situ techniques are those that are used to manage crop residue on the field, rather than burning it. Examples of in-situ techniques include:
- Mulching is the practice of covering the soil with a layer of organic material, such as straw or leaves. This can help to suppress weeds, retain moisture, and improve soil health.
- Zero tillage is the practice of planting crops without tilling the soil. This can help to prevent soil erosion and retain moisture in the soil.
- Direct seeding is the practice of planting seeds directly into the soil, rather than transplanting seedlings. This can help to reduce soil disturbance and prevent the spread of weeds.
The AMICMR scheme provides financial assistance to farmers to purchase machinery that can be used for in-situ management of crop residue. The scheme also provides training and extension services to farmers on how to use these techniques.
The AMICMR scheme is a promising initiative that could help to reduce air pollution caused by stubble burning. However, the scheme needs to be scaled up and made more widely available to farmers to have a significant impact.
5. Conclusion
Stubble burning is a major contributor to air pollution in many parts of the world. However, there are several alternatives to stubble burning, such as in-situ management of crop residue. In-situ management of crop residue is a more sustainable way to manage stubble, as it does not release pollutants into the air and has several benefits for soil health and crop yields.
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For Prelims: Stubble burning, air pollution, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, PM2.5, PM10, Volatile Organic Compounds, ozone, carbon dioxide, methane, Climate Change, The Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue,
For Mains:
1. Critically evaluate the effectiveness of the Central Scheme on Promotion of Agricultural Mechanisation for In-Situ Management of Crop Residue (AMICMR) in addressing the issue of stubble burning in India. (250 Words)
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Previous Year Questions 1. In the cities of our country, which among the following atmospheric gases are normally considered in calculating the value of Air Quality Index? ( UPSC 2016)
Select the correct answer using the code given below: (a) 1, 2 and 3 only (b) 2, 3 and 4 only (c) 1, 4 and 5 only (d) 1, 2, 3, 4 and 5 Answer: B 2. Acid rain is caused by the pollution of the environment (UPSC 2013, 2022) (a) Carbon Dioxide and Nitrogen (b) Carbon Monoxide and Carbon Dioxide (c) Ozone and Carbon Dioxide (d) Nitrous Oxide and Sulphur Dioxide Answer:D 3. Biological Oxygen Demand (BOD) is a standard criterion for (UPSC 2017) (a) Measuring oxygen level in blood (b) Computing oxygen levels in forest ecosystems (c) Pollution assay in aquatic ecosystem (d) Assessing oxygen levels in high-altitude regions Answer: C 4. Consider the following: (UPSC 2019) 1. Carbon monooxide
2. Methane
3. Ozone
4. Sulphur dioxide
Which of the above are released into atmosphere due to the burning of crop/biomass residue? A. 1 and 2 only B. 2, 3 and 4 only C. 1 and 4 only D. 1, 2, 3 and 4 Answer: D 5. What is Particulate matter? (BPSC 2016) A. Solid residue B. Air pollutant C. Water pollutant D. Soil pollutant E. None of the above/More than one of the above Answer: B 6. Carbon monoxide is a poisonous gas because it: (OPSC OAS 2021) A. Binds to digestive hormones
B. Damages lungs
C. Destroys RBCs
D. Binds to haemoglobin
Answer: D 7. Consider the following statements: (UPSC 2019) 1. Agricultural soils release nitrogen oxides into environment.
2. Cattle release ammonia into environment.
3. Poultry industry releases reactive nitrogen compounds into environment.
Which of the statements given above is/are correct? A. 1 and 3 only B. 2 and 3 only C. 2 only D. 1, 2 and 3 Answer: D 8. In the context of WHO Air Quality Guidelines, consider the following statements: (UPSC 2022) 1. The 24-hour mean of PM2.5 should not exceed 15 μg/m³ and annual mean of PM2.5 should not exceed 5 μg/m³.
2. In a year, the highest levels of ozone pollution occur during the periods of inclement weather.
3. PM10 can penetrate the lung barrier and enter the bloodstream. 4. Excessive ozone in the air can trigger asthma.
Which of the statements given above are correct? A. 1, 3 and 4 B. 1 and 4 only C. 2, 3 and 4 D.1 and 2 only Answer: B 9. Which of the following is a VOC? (MP Vyapam Sub Engineer Mechanical 2022) A. Toulene B. Water C. Carbon dioxide D. Carbon monoxide Answer: A 10. Which of the following Volatile Organic Compounds (VOCs) are emitted from anthropogenic sources only? (UGC NET 2023) A. Isoprene
B. Benzene
C. Terpene
D. Methane
E. Toluene
1. A, B and C Only 2. B and E Only 3. A and C Only 4. C, D and E Only Answer: 2 11. Which one of the following is associated with the issue of control and phasing out of the use of ozone-depleting substance? (UPSC 2015) A. Bretton Woods Conference B. Montreal Protocol C. Kyoto Porotocol D. Nagoya Protocol Answer: B 12. The increasing amount of carbon dioxide in the air is slowly raising the temperature of the atmosphere, because it absorbs (UPSC 2012) A. the water vapour of the air and retains its heat
B. the ultraviolet part of the solar radiation
C. all the solar radiations
D. the infrared part of the solar radiation
Answer: D 13. Which of the following adds/add carbon dioxide to the carbon cycle on the planet Earth? (UPSC 2014) 1. Volcanic action
2. Respiration
3. Photosynthesis
4. The decay of organic matter
Select the correct answer using the code given below A. 1 and 3 only B. 2 only C. 1, 2 and 4 only D. 1, 2, 3 and 4 Answer: C 14. Which of the following statements are correct about the deposits of 'methane hydrate'? (UPSC 2019) 1. Global warming might trigger the release of methane gas from these deposits.
2. Large deposits of 'methane hydrate' are found in Arctic Tundra and under the seafloor.
3. Methane in atmosphere oxidizes to carbon dioxide after a decade or two.
Select the correct answer using the code given below: A. 1 and 2 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3 Answer: D 15. With reference to two non-conventional energy sources called 'coalbed methane' and 'shale gas' consider the following statements: (UPSC 2014) 1. Coalbed methane is the pure methane gas extracted from coal seams, while shale gas is a mixture of propane and butane only that can be extracted from fine-grained sedimentary rocks. 2. In India, abundant coalbed methane sources exist, but so far no shale gas sources have been found. 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 Answer: D Mains
1. Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? ( UPSC 2021)
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ELECTRONIC VOTING MACHINE (EVM)
Beginning with the Bihar Assembly election, ballot papers on the electronic voting machines will display colour photographs of the candidates, the Election Commission said on Wednesday.The revised guidelines for EVM ballot papers issued by the EC mandated that the serial numbers of candidates be displayed more prominently
- An electronic voting machine (EVM) serves as a portable device utilized in the electoral process for parliamentary, legislative, and local body elections, including panchayats and municipalities.
- The EVM operates on microcontroller technology, aiming to modernize the election process while ensuring the elimination of invalid votes and maintaining the utmost secrecy of voting data. Additionally, it expedites the counting process, ensuring accuracy. The recorded voting data within EVMs can be stored for extended periods and retrieved when necessary.
- This technological system is dependable for conducting elections where a single candidate must be elected from multiple options, as it is configured for one position and one vote per voter. Utilizing the EVM, voters can cast their ballots for their preferred candidate or select the "None of the Above" (NOTA) option, which is provided in each machine for voters who opt not to support any contestant.
- In 1989, India's Election Commission (EC), in collaboration with two central government entities — the Electronics Corporation of India (ECIL) and Bharat Electronics Limited (BEL) — developed the nation's own Electronic Voting Machines (EVMs). These machines saw their inaugural use during the 1999 Goa State Assembly elections
3. How does it work?
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To indicate their choice, a voter must press the button corresponding to the preferred candidate, prompting a red light to illuminate next to the candidate's name and symbol. Additionally, a prolonged beep will sound, confirming the successful casting of the vote.
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Inside the polling booth, the presiding officer will activate the ballot unit once the voter enters the designated compartment.
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To select a candidate, press the blue button adjacent to their name and symbol on the ballot unit.
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Upon selection, the candidate's name or symbol will be highlighted by a glowing red light, accompanied by an audible beep.
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Subsequently, the voter will receive a printed ballot slip featuring the selected candidate's name, symbol, and a serial number
- An Electronic Voting Machine (EVM) comprises two components: a control unit and a balloting unit, interconnected by a five-meter cable.
- The control unit is assigned to a polling officer, while the balloting unit is placed within a compartment for voters to cast their votes. EVMs are adaptable even in areas lacking electricity, as they can operate using alkaline batteries.
- In the polling station, the control unit remains under the supervision of the Presiding Officer and is positioned inside the voting compartment, responsible for tallying the votes. Conversely, the balloting units are stationed within the voting compartment to facilitate voters in casting their ballots.
- The balloting unit offers voters blue buttons labeled horizontally with party symbols and corresponding candidate names. In contrast, the Control Unit provides the officer-in-charge with a 'Ballot' marked button, allowing them to proceed to the next voter without issuing a physical ballot paper
5.Controversy around the use of EVMs
The employment of Electronic Voting Machines (EVMs) has stirred controversy in various regions due to concerns over their reliability, security, and transparency. Some of the controversies surrounding EVMs include:
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Security Concerns: Critics argue that EVMs are susceptible to tampering and hacking, which could compromise the integrity of election results. There have been allegations of EVM manipulation through malicious software or physical tampering, raising doubts about the fairness of elections.
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Lack of Transparency: The opaque nature of EVMs, particularly regarding the inner workings of the software and hardware, has been a point of contention. Critics argue that without a paper trail or verifiable audit mechanism, it's challenging to ensure the accuracy of election outcomes and detect any potential malfunctions or manipulation.
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Limited Accessibility: EVMs may pose challenges for certain demographics, such as elderly voters or those with disabilities, who may find it difficult to operate the electronic interface. This raises concerns about the inclusivity and accessibility of the electoral process.
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Trust and Confidence: Public trust in EVMs is crucial for the legitimacy of election results. However, controversies surrounding EVMs, including allegations of malfunctioning or tampering, can undermine trust in the electoral process and lead to doubts about the validity of election outcomes.
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Legal Challenges: In some cases, legal challenges have been filed questioning the legality or constitutionality of using EVMs in elections. These challenges often revolve around issues such as the absence of a paper trail, the reliability of electronic systems, and the potential for manipulation
Voter Verifiable Paper Audit Trail (VVPAT) is a mechanism introduced to enhance the transparency and credibility of electronic voting systems, particularly Electronic Voting Machines (EVMs). VVPAT provides a physical paper trail that allows voters to verify that their vote has been accurately recorded by the EVM.
Here's how VVPAT works:
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Paper Record: When a voter casts their vote using an EVM, the VVPAT system prints a paper slip containing the details of the vote, including the name and symbol of the candidate selected by the voter. This paper slip is visible through a transparent window for a few seconds before being automatically cut and dropped into a sealed box.
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Verification by Voter: The voter can visually inspect the printed paper slip to confirm that it accurately reflects their chosen candidate. This allows voters to verify that their vote has been cast as intended.
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Audit Trail: The paper slips collected in the sealed box serve as a physical audit trail of the electronic votes recorded by the EVM. In case of any dispute or recount, these paper slips can be used to verify the accuracy of the electronic results.
- The Representation of the People Act, 1981 is a significant legislation in India that primarily deals with the conduct of elections and the qualifications and disqualifications for membership of Parliament and State Legislatures. However, there is no such legislation by the name "Representation of the People Act, 1981."
- Instead, the primary legislation governing elections in India is the Representation of the People Act, 1951. This Act has been amended several times, including in 1981, to accommodate changes in electoral processes, procedures, and to address emerging issues related to elections.
- The Representation of the People Act, 1951, covers various aspects of elections, including the preparation of electoral rolls, delimitation of constituencies, qualifications and disqualifications for membership of Parliament and State Legislatures, conduct of elections, election offences and disputes, and the powers and functions of the Election Commission of India.
- It's important to note that while the Representation of the People Act, 1951, remains the primary legislation governing elections, there have been amendments and additions made over the years to address evolving electoral practices and challenges
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For Prelims: Indian Polity and Governance For Mains: Governance, Constitution and Polity. |
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Previous Year Questions
Consider the following statements: (UPSC CSE 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) The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners. Hence statement 1 is incorrect.Election commission decides the election schedule for the conduct of both general elections and bye-elections. Hence statement 2 is incorrect. It also decides the disputes relating to splits/mergers of recognized political parties. Hence only statement 3 is correct. Mains 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? (2018) |
COMPTROLLER AUDITOR GENERAL OF INDIA (CGI)
- The Comptroller and Auditor General (CAG) of India is a constitutional authority responsible for auditing and overseeing the financial operations of the Government of India and state governments. The role of the CAG is defined in the Constitution of India, primarily in Article 148
- The Comptroller and Auditor General of India (CAG) plays a pivotal role within the democratic framework, ensuring transparency, accountability, and financial integrity in the government's operations.
- It actively contributes to upholding the separation of powers between the legislature and executive by verifying that the government's financial activities align with legislative intentions.
- Through its audit discoveries and recommendations, the CAG advocates for good governance practices, aiding governments in streamlining operations, minimizing inefficiencies, and adhering to financial discipline.
- In the evolving landscape of India's democracy, the CAG's role becomes increasingly crucial, promoting good governance and safeguarding the interests of the people.
- Notably, the 73rd and 74th Constitutional amendments represent a significant advancement in India's democratic structure, establishing tiers of self-governance below the state level.
- The roots of organized local governance in India trace back to the historical "Janpadi and Pancha" system. Looking ahead to independent India, the recommendations of the 1958 Balwant Rai Mehta Committee laid the groundwork for a three-tier structure for rural self-governance, ultimately materializing in the 73rd and 74th amendments.
- The President of India appoints the CAG.
- The appointment is made based on the recommendation of the Prime Minister, who consults with other authorities
- The President is required to consult with:
- The Speaker of the Lok Sabha (House of the People).
- The Vice President, who is also the Chairman of the Rajya Sabha (Council of States).
- The Leader of the Opposition in the Lok Sabha.
- The qualifications for the appointment of the CAG are similar to those of a judge of the Supreme Court
- The CAG holds office for a term of six years from the date they assume office or until they attain the age of 65, whichever is earlier.
- The CAG can be removed from office only in the manner and on the grounds prescribed for the removal of a judge of the Supreme Court
- The constitutional provisions related to the appointment of the CAG are primarily outlined in Article 148 of the Indian Constitution
- The primary function of the CAG is to audit the accounts related to the revenue and expenditure of the Government of India and state governments
- The CAG also audits the accounts of bodies and authorities substantially financed by the government
- The CAG audits the accounts of public sector undertakings and other entities where the government has a substantial financial stake
- The CAG audits the accounts of various statutory bodies and authorities to ensure compliance with financial regulations and legal requirements
- The audit reports prepared by the CAG are submitted to the President of India in the case of the central government and to the Governors in the case of state governments.
- These reports are then laid before each House of Parliament or the State Legislature.
- The CAG operates independently and is not subject to the control or influence of the executive in the performance of their duties.
- The CAG has the authority to access all records, books, and documents related to the accounts being audited
| Subject | CAG of India | CAG of the United Kingdom |
|---|---|---|
| Constitutional Status | Constitutional authority | Not a constitutional office, part of the National Audit Office (NAO) |
| Appointment | Appointed by the President of India | Appointed by the monarch on the advice of the Prime Minister |
| Independence | Independent | Emphasizes independence but appointment process may raise questions |
| Functions | Audits government accounts, conducts performance audits | Audits central government departments, agencies, and public bodies |
| Reports | Submitted to the President/Governors, laid before Parliament/State Legislatures | Reports directly to the UK Parliament |
| Legal Framework | Outlined in the Constitution of India | Based on various statutes, operates under the Public Audit Act 2001 |
| Role in Public Accounts Committees (PACs) | Plays a crucial role in assisting PACs at central and state levels | Supports the UK Parliament's Public Accounts Committee |
6.How Independently does the Office of CAG Function?
- The office of the Comptroller and Auditor General (CAG) is designed to function independently to ensure impartiality and integrity in auditing government expenditures. The independence of the CAG's office is crucial for maintaining transparency, accountability, and public trust in the financial management of the government
- The CAG is a constitutional authority, and its independence is enshrined in the Constitution of India. This constitutional status provides a strong foundation for the CAG's autonomy.
- The CAG is appointed by the President of India based on the recommendations of the Prime Minister in consultation with other authorities. The appointment process aims to ensure the CAG's impartiality and independence
- The CAG holds office for a fixed term of six years or until the age of 65, whichever is earlier. This security of tenure helps insulate the CAG from external pressures
- The conditions of service of the CAG, once appointed, cannot be varied to their disadvantage. This ensures that the CAG can perform their duties without fear of adverse changes in service conditions
- The CAG operates independently and is not subject to the control or influence of the executive in the performance of their duties. This separation is crucial for conducting objective and unbiased audits.
7.What is the Public Accounts Committee (PAC)?
- The Public Accounts Committee (PAC) is a parliamentary committee that plays a crucial role in overseeing government expenditures and ensuring financial accountability.
- Its primary function is to examine the audit reports prepared by the supreme audit institution (such as the Comptroller and Auditor General, CAG) and to scrutinize the government's financial transactions, policies, and programs.
- Members of the PAC are typically drawn from the legislature and reflect the political composition of the parliament or legislative body
- The PAC is headed by a Chairperson, who is usually a member of the opposition party to ensure impartiality.
- The primary mandate of the PAC is to examine the audit reports produced by the supreme audit institution, which highlights instances of financial irregularities, inefficiencies, or non-compliance with laws and regulations.
- The PAC scrutinizes government expenditures to ensure that public funds are used efficiently and effectively
- The PAC often follows up on its recommendations to ensure that the government has taken appropriate actions in response to identified issues
- The PAC enhances public accountability by holding the government accountable for its financial decisions and ensuring transparency in the use of public funds
- The PAC plays a critical role in upholding democratic principles by ensuring that public funds are utilized in the best interest of the citizens and that the government is held accountable for its financial decisions
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For Prelims: Indian Polity and Governance For Mains: General Studies II: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies |
Source: indianexpress
WAQF ACT
- In Islamic law, a waqf refers to property dedicated to God for religious or charitable purposes. This can include any type of property, either movable or immovable, that is set aside for the benefit of the public, serving as an act of piety that enables Muslims to continue their charitable contributions even after death.
- A waqf can be created through a formal document, or property may be recognized as waqf if it has been consistently used for religious or charitable purposes over time. The income generated from such properties is usually directed towards the upkeep of mosques, funding educational institutions, or aiding the needy.
- Once a property is designated as waqf, it cannot be inherited, sold, or given away. Non-Muslims are also permitted to establish a waqf, provided the purpose aligns with Islamic values.
- In India, waqfs are governed by the 1995 Act. The identification and delineation of waqf properties are carried out by a survey conducted by the State government.
- A survey commissioner, appointed under this Act, identifies these properties through local inquiries, witness statements, and examination of public records. Once identified, the properties are listed in the State’s official gazette, and a record is maintained by the State Waqf Board.
- Each waqf is managed by a mutawalli (caretaker) responsible for its administration. While waqfs are similar to trusts under the Indian Trusts Act of 1882, unlike trusts, waqfs cannot be dissolved by a Board
- The 1995 Act creates Waqf Boards in each State, responsible for overseeing the management of waqf properties within their respective areas. These Boards are legally recognized entities, enabling them to initiate or face legal action.
- Each State Waqf Board is led by a chairperson and includes one or two representatives from the State government, Muslim legislators, acknowledged Islamic scholars, and mutawallis (caretakers) of the waqfs.
- The Act also requires the appointment of a full-time Chief Executive Officer for each Board, who must be a practicing Muslim and hold a rank equivalent to at least a Deputy Secretary in the State government.
- The Waqf Board is empowered to manage waqf properties and undertake actions to reclaim lost assets. It also has the authority to approve the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease, but such transactions require the consent of at least two-thirds of the Board members.
- The 2013 amendments to the 1995 Act further enhanced the Board's powers, making it almost impossible to sell waqf properties, as neither the mutawalli nor the Board is permitted to sell such property.
- In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
- This Council ensures consistent administration of waqf properties across the country and is chaired by the Union Minister of Minority Affairs.
- The Council also advises the Union government on waqf-related matters, including policy formulation, implementation of waqf laws, and the resolution of inter-state disputes
- The definition of ‘waqf’ has been revised under the new Bill. Now, only lawful property owners who have practiced Islam for at least five years are permitted to establish waqf properties through formal deeds.
- This change eliminates the concept of ‘waqf by use,’ which allowed a property to be considered waqf based on its usage, even if the original deed was contested. Historically, waqf properties were often designated orally until formal documentation became more common.
- To prevent fraudulent claims of waqf status, the Bill stipulates that any government property identified or declared as waqf, either before or after the enactment of this Act, will not be recognized as waqf property. The law also allows widows, divorced women, and orphans to benefit from waqf proceeds.
- The responsibility for surveying waqf properties, previously handled by survey commissioners under the 1995 Act, will now be transferred to district collectors or officers of equivalent rank under the new Bill.
- To enhance the accuracy of waqf property records, the Bill proposes the establishment of a centralized registration system. All information regarding waqf properties must be uploaded to this portal within six months of the law’s enactment, and any new waqf property registrations must be submitted through this portal to the Waqf Boards.
- Additionally, the Bill removes section 40, which previously allowed waqf tribunals to determine whether a property qualifies as waqf. Instead, the district collector is now designated as the final authority on such matters.
- Once a decision is made, the collector must update the revenue records and report to the State government. Importantly, the Bill states that the disputed property cannot be treated as waqf property until the collector submits a final report, meaning the Waqf Board cannot take control of the land until the government resolves the issue.
- One of the most debated provisions in the Bill is the proposal to include non-Muslims in key waqf institutions, such as the Central Waqf Council, State Waqf Boards, and waqf tribunals.
- The Bill authorizes the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without requiring them to be Muslims. Previously, under the 1995 Act, these MPs had to be from the Muslim community.
- The new Bill also mandates that State Waqf Boards must include two non-Muslims and two women as members. The composition of waqf tribunals has been altered from a three-member body to a two-member body, consisting of a district judge and an officer of joint secretary rank to the State government.
- The proposed law requires tribunals to resolve disputes within six months, with a possible six-month extension.
- Furthermore, the Bill gives the Centre the authority to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.”
- The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel formed by the State governments. Mutawallis who fail to maintain proper accounts will face penalties.
- The proposed law also allows courts to intervene in waqf disputes by removing the finality of waqf tribunal decisions, enabling aggrieved parties to appeal directly to the relevant High Court. This measure aims to increase judicial oversight and reduce instances of arbitrary power exercised by Waqf Boards or tribunals
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For Prelims: Waqf board, Amendment process in Parliament
For Mains: GS II - Indian Governance
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FREE TRADE AGREEMENT
1. Context
2. About the Free Trade Agreement
- A Free Trade Agreement (FTA) is an agreement between two or more countries to reduce or eliminate barriers to trade, such as tariffs, quotas, and subsidies.
- FTAs can also include provisions on other issues, such as investment, intellectual property, and labour standards.
- The goal of an FTA is to promote trade and economic growth between the signatory countries.
- By reducing or eliminating trade barriers, FTAs can make it easier for businesses to export their goods and services to other countries, which can lead to increased production, employment, and innovation.
3. Types of Free Trade Agreement
- Bilateral Free Trade Agreement (BFTA) involves two countries, aiming to promote trade and eliminate tariffs on goods and services between them. It establishes a direct trade relationship, allowing for a more focused and tailored agreement between the two nations.
- Multilateral Free Trade Agreement (MFTA) Involving three or more countries, an MFTA seeks to create a comprehensive trade bloc, promoting economic integration on a larger scale. It requires coordination among multiple parties, addressing diverse economic interests and fostering a broader regional economic landscape.
- Regional Free Trade Agreement (RFTA) involves countries within a specific geographic region, aiming to enhance economic cooperation and integration within that particular area. It focuses on addressing regional economic challenges and fostering collaboration among neighbouring nations.
- Preferential Trade Agreement (PTA) involves a reciprocal reduction of tariffs and trade barriers between participating countries, granting preferential treatment to each other's goods and services. It allows countries to enjoy trading advantages with specific partners while maintaining autonomy in their trade policies with non-participating nations.
- Comprehensive Economic Partnership Agreement (CEPA) is a broad and advanced form of FTA that goes beyond traditional trade barriers, encompassing various economic aspects such as investment, intellectual property, and services. It aims for a more comprehensive economic partnership, encouraging deeper integration and collaboration between participating countries.
- Customs Union While not strictly an FTA, a Customs Union involves the elimination of tariffs among member countries and the establishment of a common external tariff against non-member nations. It goes beyond standard FTAs by harmonizing external trade policies, creating a unified approach to trade with the rest of the world.
- Free Trade Area (FTA) with Trade in Goods (TIG) and Trade in Services (TIS): Some FTAs specifically emphasize either trade in goods or trade in services, tailoring the agreement to the specific economic strengths and priorities of the participating countries. This approach allows nations to focus on areas where they have a comparative advantage, fostering specialization and efficiency.
4. India's Free Trade Agreements
India is a member of several free trade agreements (FTAs) and is currently negotiating others. India's FTAs have helped to reduce trade barriers and promote trade and economic growth. They have also helped to attract foreign investment and create jobs.
- The South Asian Free Trade Agreement (SAFTA) was signed in 1995 by the seven countries of the South Asian Association for Regional Cooperation (SAARC). SAFTA aims to reduce or eliminate tariffs on trade between the member countries.
- The India-Bangladesh FTA was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Sri Lanka FTA was signed in 1999 and came into force in 2000. It is a comprehensive FTA that covers goods, services, and investments.
- The India-ASEAN Free Trade Agreement was signed in 2002 and came into force in 2010. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Korea Comprehensive Economic Partnership Agreement (CEPA) was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Japan Comprehensive Economic Partnership Agreement(CEPA) was signed in 2022 and came into effect in 2023. It is a comprehensive FTA that covers goods, services, and investments.
- The India-UAE Comprehensive Partnership Agreement (CEPA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Australia Economic Cooperation and Trade Agreement (ECTA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Malaysia Comprehensive Economic Cooperation Agreement (CECA) was signed in 2010 and aims to enhance economic ties by addressing trade in goods and services, as well as investment and other areas of economic cooperation.
- The India-Thailand Free Trade Agreement was signed in 2003 and focuses on reducing tariffs and promoting trade in goods and services between India and Thailand.
- The India-Singapore Comprehensive Economic Cooperation Agreement (CECA) has been operational since 2005, this agreement covers trade in goods and services, as well as investment and intellectual property.
- The India-Nepal Trade Treaty While not a comprehensive FTA, India and Nepal have a trade treaty that facilitates the exchange of goods between the two countries.
- The India-Chile Preferential Trade Agreement was signed in 2006 and aims to enhance economic cooperation and reduce tariffs on certain products traded between India and Chile.
5. India - UK Free Trade Agreement
5.1. Background
- Both countries have agreed to avoid sensitive issues in the negotiations.
- The interim (early harvest agreement) aims to achieve up to 65 per cent coverage for goods and up to 40 per cent coverage for services.
- By the time the final agreement is inked, the coverage for goods is expected to go up to "90 plus a percentage" of goods.
- India is also negotiating a similar early harvest agreement with Australia, which is supposed to set the stage for a long-pending Comprehensive Economic Cooperation Agreement that both countries have been pursuing for nearly a decade.
- While the commencement of negotiations does mark a step forward in the otherwise rigid stance adopted and when it comes to trade liberalisation, experts point to impediments and the potential for legal challenges going ahead.
5.2. GATT (General Agreement on Trade and Tariffs)
- The exception to the rule is full-scale FTAs, subject to some conditions.
- One rider, incorporated in Article XXIV.8 (b) of GATT, stipulates that a deal should aim to eliminate customs duties and other trade barriers on "Substantially all the trade" between the WTO member countries that are signatories to an FTA.
- For this Agreement, a free-trade area shall be understood to mean a group of two or more customs territories in which the duties and other restrictive regulations of commerce are eliminated on substantially all the trade between the constituent territories in products originating in such territories.
- It is often beneficial to negotiate the entire deal together, as an early harvest deal may reduce the incentive for one side to work towards a full FTA.
- These agreements are not just about goods and services but also issues like investment.
- If you are trying to weigh the costs and benefits, it is always better to have the larger picture in front of you.
- In the case of the early harvest agreement inked with Thailand, automobile industry associations had complained that relaxations extended to Bangkok in the early harvest had reduced the incentive for Thailand to work towards a full FTA.
- Early harvest agreements may serve the function of keeping trading partners interested as they promise some benefits without long delays, as India becomes known for long-drawn negotiations for FTAs.
- Government emphasis on interim agreements may be tactical so that a deal may be achieved with minimum commitments and would allow for contentious issues to be resolved later.
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For Prelims: Free Trade Agreement, India-U.K, Bilateral Free Trade Agreement, G-20 Summit, Agenda 2030, Covid-19 Pandemic, SAARC, General Agreement on Trade and Tariffs, Comprehensive Economic Partnership Agreement, Multilateral Free Trade Agreement, Regional Free Trade Agreement, Preferential Trade Agreement, Customs Union,
For Mains:
1. Evaluate the potential impact of the India-UK FTA on the Indian economy, considering both positive and negative aspects (250 Words)
2. Critically evaluate the significance of Free Trade Agreements (FTAs) in promoting trade and economic growth, considering their potential benefits and drawbacks. (250 Words)
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Previous Year Questions
1. Consider the following countries:
1. Australia
2. Canada
3. China
4. India
5. Japan
6. USA
Which of the above are among the free-trade partners' of ASEAN? (UPSC 2018)
A. 1, 2, 4 and 5 B. 3, 4, 5 and 6 C. 1, 3, 4 and 5 D. 2, 3, 4 and 6
Answer: C
2. Increase in absolute and per capita real GNP do not connote a higher level of economic development, if (UPSC 2018) (a) Industrial output fails to keep pace with agricultural output. Answer: C 3. The SEZ Act, 2005 which came into effect in February 2006 has certain objectives. In this context, consider the following: (2010)
Which of the above are the objectives of this Act? (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: A 4. A “closed economy” is an economy in which (UPSC 2011) (a) the money supply is fully controlled Answer: D 5. With reference to the “G20 Common Framework”, consider the following statements: (UPSC 2022)
1. It is an initiative endorsed by the G20 together with the Paris Club. 2. It is an initiative to support Low Income Countries with unsustainable debt. 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 Answer: C
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