• The AFSPA is currently in force in the states of Assam, Manipur, Nagaland, and parts of Arunachal Pradesh.
• In 2022, the Government of India partially lifted the AFSPA from parts of Assam, Manipur, and Nagaland.
• There have been calls for the AFSPA to be repealed altogether, but the government has argued that it is necessary to maintain public order in the affected areas.

6. Cancellation of Approval

The government reserves the right to cancel the FCRA registration of any NGO if it finds it to violate the Act. Registration can be cancelled for a range of reasons including, if "in the opinion of the Central Government, the public interest must cancel the certificate". Once the registration of an NGO is canceled, it is not eligible for re-registration for three years. All orders of the government can be challenged in the High court.

For Prlims& Mains

Source: The Indian Express

GLOBAL SOUTH

1. Context

2. The need for the ‘Global North’ and the ‘Global South

• For a long time in the study of international political systems, the method of categorising countries into broad categories for easier analysis has existed.
• The concepts of ‘East’ and ‘West’ is one example of this, with the Western countries generally signifying greater levels of economic development and prosperity among their people and Eastern countries are considered as being in the process of that transition.
• Another similar categorisation is of First World, Second World and Third World countries, referring to countries associated with the Cold war-era alliances of the US, the USSR, and non-aligned countries, respectively.
• At the centre of these concepts is the World Systems approach introduced by sociologist Immanuel Wallerstein in 1974, emphasising an interconnected perspective of looking at world politics.
• He said there are three major zones of production: core, peripheral and semiperipheral.
• The core zones reap profits, being the owners of cutting-edge technologies in countries like the US or Japan.
• Peripheral zones, on the other hand, engage in less sophisticated production that is more labour-intensive. In the middle are countries like India and Brazil.

3. The need for new terms

• In the Post-Cold War world, the First World/Third World classification was no longer feasible, because when the Communist USSR disintegrated in 1991, most countries had no choice but to ally at some level with the capitalist US the only remaining global superpower.
• Other classifiers have also seen criticism. The East/West binary was seen as often
  perpetuating stereotypical thinking about African and Asian countries.
• Categorising incredibly diverse countries into a monolith was felt to be too simplistic.
  Also, the idea that some countries were ‘developed’ while others were not was thought to be too wide a classification, inadequate for accurately discussing concerns.

4. Importance of Global South 

• What sets the terms Global North and South apart are that first, they are arguably more accurate in grouping like countries together, measuring similarly in terms of wealth, indicators of education and healthcare, etc.
• Another commonality between the South countries is that most have a history of colonisation, largely at the hands of European powers.
• Secondly, this classification trains more focus on the Global South. When leaders such as Jaishankar mentioned, they are also pointing to the region’s historical exclusion from prominent international organisations such as the permanent members of the United Nations Security Council.
• As bodies like the UN and the IMF are involved in major decision-making that affects the world in terms of politics, economy and society, the exclusion is seen by these countries as contributing to their slower growth.
• As a result, the idea that the South can together advocate for common causes has
  come up, as underlined by the External Affairs Minister.

• Why the concept is being reiterated now partly because of the economic emergence of some of these South countries, such as India and China, in the last few decades.
• Many consider the world to now be multipolar rather than one where the US alone dominates international affairs.
• The progress achieved by many Asian countries is also seen as challenging the idea that the North is ideal.
• As Samuel P Huntington wrote in his 1996 book ‘The Class of Civilizations and the Remaking of Global Order, “East Asians attribute their dramatic economic development not to their import of Western culture but rather to their adherence to their own culture.”

5. Criticism of the classification

• Some of the earlier terms’ criticisms apply here, too, such as the argument that the term is too broad.
• In the ongoing debate about North countries paying for funding green energy, having historically contributed to higher carbon emissions, many in the Global North have objected to China and India’s exclusion from this, given their increasing industrialisation.
• There is also the question of whether the South simply aims to replace the North and the positions it occupies, again continuing a cycle in which a few countries accumulate crucial resources.
• Much controversy currently surrounds the question of whether elites of the global South and ‘rising powers’ genuinely have the intention to challenge the dominant structures of global capitalist development.
• In the rise of Asia, the continued neglect of Africa has been questioned as well.
• China is increasingly making inroads here through the Belt and Road Initiative for developing infrastructure.
• But whether that results in a win-win situation for both parties or focuses on profit for only China remains to be seen.

For Prelims & Mains

Previous Year Questions

PARIS AGREEMENT

1. Context

The NDCs are of particular significance this year because Brazil, which assumes the COP presidency in Belém, has stressed that a major effort this year will be to assess what hindered countries from achieving their stated NDCs.

All commitments by countries, even if achieved perfectly, cannot stop the globe from heating to an average of 3 degrees Celsius by the century – well short of the Paris Agreement goals.

2. What is Paris Agreement?

• Paris Agreement is a multinational agreement that was signed as part of the UNFCCC with the intention of reducing and mitigating greenhouse gas emissions.
• 196 nations ratified the climate change agreement at the Conference of the Parties (COP 21) in Paris in December 2015. It is an international agreement that is binding on all parties involved.
• Achieving the long-term temperature goal was the purpose of the Paris Climate Accord. To attain a world without greenhouse gas emissions by the middle of the century, nations strive to peak global greenhouse gas emissions as soon as possible.
• The Paris Climate Accord's major objective is to keep global warming well below 2° Celsius and ideally below 1.5° Celsius in comparison to pre-industrial levels.
• The Paris Agreement is a watershed moment in the multilateral climate change process because it brings all nations together for the first time in a binding agreement to undertake ambitious efforts to combat climate change and adapt to its effects.

3. COP21

• To keep the rise in the average world temperature to well under 2°C above pre-industrial levels. To continue making efforts to keep global warming to 1.5°C over pre-industrial levels, knowing that doing so would greatly lessen the dangers and effects of climate change.
• The Agreement also mentions achieving the global peaking of emissions by the middle of the century while taking into account the fact that developing nation Parties will have a longer peaking period.

4. What are NDCs

• At the Conference of the Parties (COP21) of the U.N. Framework Convention on Climate Change (UNFCCC), which took place in Paris in December 2015, nations from all over the world pledged to establish a new global climate agreement by that time.
• In advance of a new international agreement, nations have committed to publicly state their Intended Nationally Determined Contributions or the climate activities they plan to take after 2020.
• The 2015 agreement's ambitious goals and whether the world is put on a course toward a low-carbon, climate-resilient future will be largely determined by the INDCs.
• The Intended Nationally Determined Contribution (INDC) of India has also been submitted to the United Nations Framework Convention on Climate Change.
• Countries communicate actions they will take to reduce greenhouse gas emissions to meet the Paris Agreement's goals in their NDCs.
• Countries also communicate actions they will take to build resilience to adapt to the effects of rising temperatures in their NDCs.

Image Source: The Hindu

5. Highlights of the report on the performance of the Paris Agreement

• After the signing of the Agreement, the last eight years (2015-2022) have consecutively been the warmest years on record globally.
• The situation could have been far worse if the La Nina weather event had not occurred in the past three years, which has a cooling effect on the weather system.
• Globally updated Nationally Determined Contributions (NDCs) to limit global warming to 1.5 degrees Celsius have failed even to achieve a 2-degree Celsius target.
• The Paris Agreement has not been able to equitably phase out fossil fuels predominantly responsible for the climate crisis.
• Neither the NDCs nor the disaster risk reduction and climate risk management plans are in place to combat climate-induced extreme weather phenomena.

6. A series of climate records fell over in 2022, the report showed. 

• Global mean temperature rising: The global mean temperature in 2022 was 1.15°C, ranging from 1.02°C to 1.28°C above the 1850–1900 average. This was the highest on record for the past eight years. The value is about 0.2°C higher than the statistic before 2015. The pre-industrialisation era is considered a benchmark as there was no significant anthropogenic emission at the time.
• Record melting of Antarctica ice: Sea ice in Antarctica dropped to an all-time low, 1.92 million square kilometres, on February 25, 2022. This was almost a million sq km below the mean of the last three decades till 2020. 
• Greenhouse gases surged: The levels of three major greenhouse gases — carbon dioxide, methane, and nitrous oxide — continued to increase in 2022. The data shows that growth rates of all three gases have increased around 20 per cent compared to 2011-15 levels.
• Sea level rise doubled: Global mean sea level continued to rise in 2022. It has doubled to 4.62 millimetres per year during 2013–2022 from 2.27 mm recorded in the first decade of the satellite record (1993–2002). The rate of increase quickened after 2015. Ocean heat content, which measures this gain in energy, reached a new observed record.
• Record thinning of glaciers: Long-term observational data is available for glaciers, which were found to have thinned over 1.3 metres between October 2021 and October 2022. The loss is much larger than before. The cumulative thickness loss since 1970 amounts to almost 30 metres.
• More than half of the oceans saw marine heatwaves in 2022:  Despite continuing La Nina conditions, 58 per cent of the ocean surface experienced at least one marine heatwave during 2022. 
• Heatwaves killed 15,000 in Europe: Record-breaking heatwaves affected China and Europe during the summer, with excess deaths associated with the heat in Europe exceeding 15000. Casualties were reported across Spain, Germany, the United Kingdom, France and Portugal.
• 1,600 suffered deaths from weather extremes in India: India suffered from significant flooding at various stages during monsoon, particularly in the northeast in June, with over 700 deaths reported from flooding and landslides and a further 900 from lightning.

For Prelims: Paris Agreement, Conference of the Parties (COP 21), World Meteorological Organization (WMO), UNFCCC, Nationally Determined Contributions (NDCs). For Mains: 1. Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC 2021)

 

Previous year Question 1. With reference to the Agreement at the UNFCCC Meeting in Paris in 2015, which of the following statements is/are correct? (UPSC 2016) 1. The Agreement was signed by all the member countries of the UN and it will go into effect in 2017. 2. The Agreement aims to limit greenhouse gas emissions so that the rise in average global temperature by the end of this century does not exceed 2°C or even 1.5°C above pre-industrial levels. 3. Developed countries acknowledged their historical responsibility for global warming and committed to donate $1000 billion a year from 2020 to help developing countries cope with climate change.   Select the correct answer using the code given below A. 1 and 3 only B.  2 only C.  2 and 3 only D.  1, 2 and 3 Answer: B   2. The term ‘Intended Nationally Determined Contributions’ is sometimes seen in the news in the context of ( UPSC 2016) A. pledges made by the European countries to rehabilitate refugees from the war-affected Middle East B. plan of action outlined by the countries of the world to combat climate change C. capital contributed by the member countries in the establishment of the Asian Infrastructure Investment Bank D. plan of action outlined by the countries of the world regarding Sustainable Development Goals Answer: B

Source: Down to Earth

 

COMPTROLLER AUDITOR GENERAL OF INDIA (CGI)

 

 

1.Context

The public debt of all 28 states combined trebled in 10 years — from Rs 17.57 lakh crore in 2013-14 to Rs 59.60 lakh crore in 2022-23 — according to a first-of-its-kind report by the Comptroller and Auditor General of India (CAG) that provides a decadal analysis on fiscal health of states.

 

2. Comptroller and Auditor General of India (CAG)

• 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.

3. Appointment and Tenure of CAG

• 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

4. Functions and Powers

• 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

5. CAG of India vs CAG of the United Kingdom

 

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

 

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

 

PREAMBLE

 

1. Context

 

Dismissing the petition, a Bench of Justices Vikram Nath and Sandeep Mehta asked the petitioner, Bengaluru resident H.S. Gaurav, whether he had read the Preamble to the Indian Constitution. “What is the Preamble of the Constitution?” Justice Nath asked Mr. Gaurav, represented by senior advocate P.B. Suresh.

 

2. Preamble of Indian Constitution

 

• The Preamble originally adopted on November 26, 1949, proclaimed India as a sovereign, democratic, republic. The framers of the Constitution deliberately excluded the term ‘socialist,’ believing that embedding a specific economic ideology in the Preamble was inappropriate. They felt it was better for future generations to determine the economic framework best suited to their times and circumstances.
• Indian secularism, meanwhile, differs significantly from its Western counterpart. In Western secularism, there is a strict separation between state and religion, with the government refraining from interference in religious matters.
• Conversely, Indian secularism allows the state to regulate the economic, financial, political, and non-religious aspects of religious practices.
• It also empowers the state to implement social welfare measures and reforms within religious traditions.
• The Constitution upholds secular principles through provisions guaranteeing the right to freely practice any religion and prohibiting discrimination based on religion in state affairs. Consequently, the Constituent Assembly chose not to include the term ‘secular’ in the Preamble initially.
• In the Berubari case (1960), the Supreme Court ruled that the Preamble was not part of the Constitution and held no substantive legal authority.
• However, in the landmark Kesavananda Bharati case (1973), the Court overturned this view, affirming that the Preamble is indeed part of the Constitution and must be interpreted in line with its vision.
• Additionally, it held that the Preamble, like any constitutional provision, could be amended by Parliament. This led to the inclusion of the words ‘Socialist,’ ‘Secular,’ and ‘Integrity’ in the Preamble through the 42nd Constitutional Amendment in 1976

 

3. Features of Preamble of Indian Constitution

 

The Preamble of the Indian Constitution serves as the introductory statement, reflecting the essence and philosophy of the Constitution. It outlines the core values and guiding principles upon which the Constitution is based.

 

Key features of the Preamble are as follows:

 

• The Preamble declares that the authority of the Constitution is derived from the people of India, emphasizing the principle of popular sovereignty
• It describes India as a Sovereign, Socialist, Secular, and Democratic Republic, defining its essential characteristics:
  • Sovereign: India is independent and free to make its own decisions without external interference.
  • Socialist: Aimed at achieving social and economic equality.
  • Secular: The state treats all religions equally and upholds religious freedom.
  • Democratic: Power rests with the people, exercised through a system of representation.
  • Republic: The head of state is elected, not hereditary
• The Preamble sets out the goals to be achieved by the Constitution:
  • Justice: Social, economic, and political.
  • Liberty: Of thought, expression, belief, faith, and worship.
  • Equality: Of status and opportunity.
  • Fraternity: Promoting the dignity of the individual and the unity and integrity of the nation.
• The Preamble is an integral part of the Constitution, as held by the Supreme Court in the Kesavananda Bharati case (1973). It can be amended but is subject to the basic structure doctrine, ensuring that its fundamental principles remain intact
• The Preamble acts as a prelude, encapsulating the fundamental values and guiding principles of the Constitution. It reflects the vision and aspirations of the people of India
• The Preamble was adopted on November 26, 1949, along with the rest of the Constitution, but came into effect on January 26, 1950

 

 

Text of Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY, of thought, expression, belief, faith and worship; EQUALITY, of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

 

 

4. Significance of Indian Constitution Preamble

 

• The Preamble of the Indian Constitution reflects the core philosophy and foundational principles upon which the Constitution is built, offering a concise overview of its essence.
• As the heart and essence of the Constitution, it acts as a guiding framework for interpreting and implementing its various provisions.
• It serves as a beacon for governance, providing moral direction to policymakers and legislators by emphasizing the overarching objectives of justice, liberty, equality, and fraternity that should guide their actions and decisions.
• The Preamble also celebrates India's unity in diversity, acknowledging the rich plurality of its people, encompassing varied languages, cultures, religions, and traditions.
• Furthermore, it inspires citizens by highlighting their rights, duties, and responsibilities toward the nation. It fosters a sense of patriotism, civic responsibility, and dedication to the ideals of justice, equality, and fraternity among all individuals

 

5. Landmark Judgements

 

Berubari Union Case (1960)

• Context: The question was whether the Preamble is a part of the Constitution and can be used as a source of power for the government.
• Judgment: The Supreme Court held that the Preamble is not a part of the Constitution and does not confer any substantive power. It was viewed only as a guiding principle for the Constitution's provisions.
• Significance: This case initially limited the scope of the Preamble’s role in interpreting the Constitution.

Kesavananda Bharati Case (1973)

• Context: The case challenged Parliament's power to amend the Constitution, including the Preamble.
• Judgment: The Supreme Court reversed its earlier opinion, ruling that the Preamble is an integral part of the Constitution and can be used to interpret its provisions. However, it does not confer any enforceable rights.
• Significance: The Court introduced the basic structure doctrine, stating that Parliament can amend the Constitution, but the basic structure, as reflected in the Preamble, cannot be altered

Minerva Mills Case (1980)

• Context: The case dealt with the scope of Parliament's power to amend the Constitution under Article 368.
• Judgment: The Supreme Court reaffirmed the basic structure doctrine and emphasized the Preamble’s significance. It ruled that the harmony between Fundamental Rights and Directive Principles, as envisioned in the Preamble, is a part of the Constitution's basic structure.
• Significance: This case highlighted the importance of the Preamble as a guiding light for achieving justice, liberty, and equality.

SR Bommai Case (1994)

• Context: The case dealt with the dismissal of state governments under Article 356 and the secular nature of the Constitution.
• Judgment: The Supreme Court ruled that secularism, as mentioned in the Preamble, is part of the Constitution's basic structure. Any state action violating secular principles would be unconstitutional.
• Significance: It underscored the Preamble’s role in ensuring adherence to fundamental constitutional values, especially secularism

Union of India v. Naveen Jindal (2004)

• Context: The case addressed the fundamental right to fly the national flag.
• Judgment: The Supreme Court held that the Preamble symbolizes the aspirations of the people and can be referred to when interpreting constitutional rights.
• Significance: The Preamble was used to reinforce the idea of patriotism and unity, as reflected in the Constitution

For Prelims: Constitutional amendment, Simple Majority, Special Majority, Constitutional Conventions, Anti-defection law, National Commission for Backward Classes (NCBC), Reservation for Economically Weaker Sections (EWSs), Goods and Services Tax (GST). For Mains: 1. Discuss the significance and challenges associated with the process of amending the Constitution of India. (250 Words).

 

Previous year Question 1. Consider the following statements (2013) 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only. 2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India. 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 2. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016) A. Lok Sabha by a simple majority of its total membership B. Lok Sabha by a majority of not less than two-thirds of its total membership C. Rajya Sabha by a simple majority of its total membership D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting Answer: D

 

Source: The Hindu

 

ELECTION COMMISSION OF INDIA (ECI)

 

 

1. Context

 

Mounting a scathing attack on Chief Election Commissioner (CEC) Gyanesh Kumar, the Leader of the Opposition in the Lok Sabha, Rahul Gandhi, on Thursday accused him of “protecting” those “destroying” Indian democracy by refusing to share technical details of persons behind an attempt to delete names of voters from the electoral rolls of an Assembly seat in Karnataka. 

 

2. 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

 

3. Constitution and Election Commission of India

 

The Constitution includes a series of articles (Articles 324–329) that grant powers to the Election Commission and outline its possible roles and responsibilities.

• 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.

• Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, sex, or any of these factors.

• Article 326: Establishes adult suffrage as the foundation for elections to the House of the People and State Legislative Assemblies.

• Article 327: Allows Parliament to pass laws, in accordance with the Constitution, regarding all matters related to elections to Parliament and State Legislative Assemblies.

• Article 328: Empowers state legislatures to enact laws concerning all matters related to elections to the state's legislative bodies.

• Article 329: Prevents courts from interfering in electoral matters

4. ECI Responsibilities and Functions

 

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

 

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).

 

Previous year Question 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 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

Source: Indianexpress