July 2021
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Vacancies send a wrong signal

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Appointment process of Election Commissioner

Mains level: Paper 2- Impact of vacancies

Context

For months on end, top slots in important government agencies like NHRC, CBI, Election Commission, NCERT etc remain vacant affecting the governance.

Vacancies in various agencies

  • The post of the Chairman of the National Human Rights Commission was kept vacant until June this year.
  • The post of the Director of the Central Bureau of Investigation (CBI) had been vacant since February until the recent appointment.
  • The Chief Election Commissioner (CEC) retired on April 12 leaving just two members in the Commission. 
  • The Centre appointed the new Election Commissioner in June.
  •  Of the 40 Central universities across the country, nearly half are without regular Vice-Chancellors.
  • Officers holding additional charges exist in various ministries, commissions and departments.

Impact of vacancies

  • Vacancies have had a deleterious effect on governance.
  •  Delays in promotions and appointments affect the organisations.
  • Vacancies also tend to demoralise the officials who await promotions after vacancies arise.
  •  Delays in important appointments send a wrong signal to the nation.
  • Elections Commission was functioning only with two members for several months, in case of a disagreement on any issue between the two of them, a solution would have become difficult.

Need to change the process for appointment of Election Commissioners

  • The appointment of Elections Commissioners is done by the Centre.
  • The Association for Democratic Reforms (ADR) has filed a public interest litigation in the Supreme Court demanding the appointment of Election Commissioners by a committee, as is done in the case of appointment of the Director of the CBI.
  • The 255th Report of Law Commission had recommended that Election Commissioners be appointed by a high-powered committee. 
  • The high-powered committee is headed by the Prime Minister has two members – the Chief Justice of India and the Leader of the Opposition in the Lok Sabha.
  • However, if the Prime Minister decides on a candidate and the CJI consents, the Opposition leader’s dissenting note carries no weight.
  • There is a need, therefore, to expand the high-powered committee to include at least two more members of eminence with proven integrity for the selection process

Way forward

  • A time frame needs to be worked out to announce top appointments at least a month in advance.
  • Political considerations need to be pushed to the back seat for a clean and honest administration.

Conclusion

Considering the impact vaccines have on governance, we need to devise a mechanism to avoid such vacancies for such a long duration.

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

Mental health care in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Shift in mental health care system needed

Context

Recently, a High Court suggested that homeless persons with health conditions be branded with a permanent tattoo, when vaccinated against COVID-19.

Issue

  • In many countries, persons with severe mental health conditions live in shackles in their homes, in overcrowded hospitals, and even in prison.
  • On the other hand, many persons with mental health issues live and even die alone on the streets.
  • Three losses dominate the mental health systems narrative: dignity, agency and personhood.
  • Issues with the laws: Far-sighted changes in policy and laws have often not taken root and many laws fail to meet international human rights standards.
  • Many also do not account for cultural, social and political contexts resulting in moral rhetoric that doesn’t change the scenario of inadequate care.
  • There is also the social legacy of the asylum, and of psychiatry and mental illness itself, that guides our imagination in how care is organised.

Way forward: A responsive care system

  • We must understand mental health conditions for what they are and for how they are associated with disadvantage.
  • These situations are linked, but not always so, therefore, not all distress can be medicalised.
  • Adopt WHO guidelines: Follow the Guidance on Community Mental Health Services recently launched by the World Health Organization.
  • The Guidance, which includes three models from India, addresses the issue from ‘the same side’ as the mental health service user and focuses on the co-production of knowledge and on good practices.
  • Drawn from 22 countries, these models balance care and support with rights and participation.
  • Open dialogue: The practice of open dialogue, a therapeutic practice that originated in Finland, runs through many programmes in the Guidance.
  • This approach trains the therapist in de-escalation of distress and breaks power differentials that allow for free expression.
  • Increase investment: With emphasis on social care components such as work force participation, pensions and housing, increased investments in health and social care seem imperative.
  • Network of services: For those homeless and who opt not to enter mental health establishments, we can provide a network of services ranging from soup kitchens at vantage points to mobile mental health and social care clinics.
  • Small emergency care and recovery centres for those who need crisis support instead of larger hospitals, and long-term inclusive living options in an environment that values diversity and celebrates social mixing, will reframe the archaic narrative of how mental health care is to be provided.

Conclusion

Persons with mental health conditions need a responsive care system that inspires hope and participation without which their lives are empty. We should endeavour to provide them with such a responsive care system.

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Fresh stirrings on federalism as a new politics

Note4Students

From UPSC perspective, the following things are important :

Prelims level: 15th Finance Commission

Mains level: Paper 2- Federalism at the centre stage of politics

Context

  • Several issues such as vaccine wars, debates over the Goods and Services Tax (GST), the fracas over West Bengal’s Chief Secretary, and the pushback against controversial regulations in Lakshadweep have once again brought into focus the idea of federalism.
  • The Dravida Munnetra Kazhagam, since taking office, has begun to craft an ideological narrative on State rights, by re-introducing the term Union into the public discourse and pushing back against increased fiscal centralisation

Lack of political consensus among States for genuine federalism

  • Federalism in India has always had political relevance, but except for the States Reorganisation Act, federalism has rarely been an axis of political mobilisation.
  • Fiscal and administrative centralisation persisted despite nearly two decades of coalition governments.
  • Rather than deepen federalism, the contingencies of electoral politics have created significant impediments to creating a political consensus for genuine federalism.

Three challenges in deepening federalism among States

1) Tendency to equate federalism as against nationalism

  • The grammar of development and nationalism, which has mass electoral appeal is used to undermine federalism.
  • Slogans such as ‘one nation, one market’, ‘one nation, one ration card’, ‘one nation, one grid’ symbolise development and nationalism while leaving little space for federalism.
  • In this context, federalism as a principle risks being equated with regionalism and a narrow parochialism that is anti-development and anti-national.

2) Lack of federal principles

  • Pratap Bhanu Mehta has pointed out that over the decades, federal principles have been bent in all kinds of ways to co-produce a political culture of flexible federalism.
  • Federalism in this rendition is reduced to a game of political upmanship and remains restricted to a partisan tussle.
  • Claimants of greater federalism often maintain silence on unilateral decisions that affect other States.
  • For instance, the downgrading of Jammu and Kashmir into a Union Territory, the notification of the NCT of Delhi (Amendment) Act, 2021 hardly witnessed protests by States that were not directly affected by these.

3) Economic and governance divergence among states

  • Across all key indicators, southern (and western) States have outperformed much of northern and eastern India.
  • This has resulted in a greater divergence rather than expected convergence with growth.
  • This has created a context where collective action amongst States becomes difficult as poorer regions of India contribute far less to the economy but require greater fiscal resources to overcome their economic fragilities.
  • These emerging tensions were visible when the 15th Finance Commission (FC) was mandated to use the 2011 Census rather than the established practice of using the 1971 Census.
  • This, Southern states feared, risked penalising States that had successfully controlled population growth by reducing their share in the overall resource pool.
  •  With the impending delimitation exercise due in 2026, these tensions will only increase.

Way forward

  • A politics for deepening federalism will need to overcome a nationalist rhetoric that pits federalism against nationalism and development.
  • Reclaim fiscal federalism:  Weak fiscal management has brought the Union government on the brink of what economist Rathin Roy has called a silent fiscal crisis.
  • The Union’s response has been to squeeze revenue from States by increasing cesses.
  • Its insistence on giving GST compensation to States as loans (after long delays) and increasing State shares in central schemes.
  • Against this backdrop, both sub-nationalist sentiments and the need to reclaim fiscal federalism create a political moment for a principled politics of federalism.
  • Sharing burden with poorer States: On the fiscal side, richer States must find a way of sharing the burden with the poorer States.
  • An inter-State platform that brings States together in a routine dialogue on matters of fiscal federalism could be the starting point for building trust and a common agenda.
  • Overcome isolationist tendency: The politics of regional identity is isolationist by its very nature.
  • An effort at collective political action for federalism based on identity concerns will have to overcome this risk.
  • Finally, beyond principles, a renewed politics of federalism is also an electoral necessity.

Consider the question “Federalism in India has always had political relevance, but it has rarely been an axis of political mobilisation. What are the factors responsible for this? Suggest the way forward for the states to overcome these factors.” 

Conclusion

A renewed politics of federalism would require immense patience and maturity from regional parties. It remains to be seen whether they up to the task.

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Interstate River Water Dispute

Water wars of Andhra Pradesh and Telangana

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Reserviors on Krishna River

Mains level: Krishna water dispute

An ongoing jala jagadam (fight over water resources), as it has been described by regional media, once again drew the police forces of Andhra Pradesh and Telangana into a tense standoff over release of water from the Nagarjuna Sagar reservoir.

Krishna River Dispute

  • Both states have disagreements over the sharing of the Krishna River water continue to shape politics in the region.
  • AP alleges that Telangana has been drawing Krishna water from four projects — Jurala, Srisailam, Nagarjuna Sagar, and Pulichintala without approvals from the Krishna River Management Board (KRMB).
  • The KRMB an autonomous body that was set up after the bifurcation of the state, to manage and regulate the waters in the Krishna basin.

What is the issue?

  • The water that is used for power generation, Andhra says, is being wasted by releasing it into the Bay of Bengal, even as farmers in the Krishna delta ayacut are yet to begin sowing of the kharif crop.
  • Telangana says it would continue with the hydropower generation to meet its requirements of power.
  • At the same time, it has taken strong exception to the irrigation projects of the Andhra Pradesh government, especially the Rayalaseema Lift Irrigation Project (RLIP), which it claims is illegal.
  • Telangana has called for a 50:50 allocation of water from the Krishna River.

How is the water split between the states currently?

  • After Telangana was carved out of Andhra Pradesh, the two states agreed to split the water share 66:34 on an ad hoc basis until the Krishna Water Disputes Tribunal-2 decided the final allocation.

Why is Telangana making the big hydel push?

  • The Kaleshwaram lift irrigation project that was inaugurated in 2019 requires a huge amount of power to draw water from the Godavari River.
  • Also, the Telangana government says that it needs hydel energy to power its Nettempadu, Bheema, Koilsagar and Kalwakurthy lift irrigation projects.
  • Despite protests by Andhra, the Telangana CM has chosen to operate all hydel power stations at full capacity because hydel power is cheaper, and imposes a smaller burden on the already stretched state budget.

What is the solution to the disagreement, then?

  • Telangana wants the Krishna Water Disputes Tribunal-2 to permanently settle the water dispute.
  • In the meantime, it wants the KRMB to convene a full-fledged board meeting on a mutually agreed date this month to address its grievances against Andhra Pradesh.

What political factors are at play behind the dispute?

  • The two CMs have maintained cordial relations and have even met on several occasions to discuss long-standing issues arising out of the bifurcation of the erstwhile state of Andhra Pradesh.
  • Critics have, however, alleged that the two CMs are fanning regional sentiments purely for political gains.

Back2Basics: Interstate (River) Water Disputes (ISWDs)

  • These are a continuing challenge to federal water governance in India.
  • Rooted in constitutional, historico-geographical, and institutional ambiguities, they tend to become prolonged conflicts between the states that share river basins.
  • India has 25 major river basins, with most rivers flowing across states.
  • As river basins are shared resources, a coordinated approach between the states, with adequate involvement of the Centre, is necessary for the preservation, equitable distribution and sustainable utilization of river water.
  • Within India’s federal political structure, inter-state disputes require the involvement of the Union government for a federal solution at two levels: between the states involved, and between the Centre and the states.
  • The Interstate River Water Disputes Act, 1956 (IRWD Act) was enacted under Article 262 of the Constitution of India on the eve of reorganization of states to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
  • Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.

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Legislative Council in States: Issues & Way Forward

West Bengal to set up Legislative Council

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Legislative Council

Mains level: Need for LCs

The West Bengal Assembly has passed a resolution to set up Legislative Council with a two-thirds majority.

What is a State Legislative Council?

  • The SLC is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
  • As of Jan 2020, 6 out of 28 states have a State Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh The latest state to have a council is Telangana.

Why need another house?

  • The Legislative Council has three main functions: to represent the people, to legislate and to scrutinise the executive government as a ‘House of review’.
  • The Legislative Council provides an alternative and complementary system of representation to that of the Legislative Assembly.

Creation and abolition

  • According to Article 169, the Parliament can create or abolish the SLC of a state if that state’s legislature passes a resolution for that with a special majority.
  • The existence of an SLC has proven politically controversial.
  • A number of states that have had their LCs abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the LC for a state have also met with opposition.

Its composition

  • The size of the SLC cannot be more than one-third of the membership of the State Legislative Assembly.
  • However, its size cannot be less than 40 members.
  • These members elect the Chairman and Deputy Chairman from the Council.

MLCs are chosen in the following manner:

  • One third are elected by the members of local bodies such as municipalities, gram panchayats, Panchayat samitis and district councils.
  • One third are elected by the members of the Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
  • One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
  • One twelfth are elected by graduates of three years’ standing residing in that state.
  • One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.

Answer this PYQ in the comment box:

Q.Consider the following statements:

  1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
  2. The Governor of a State nominates the Chairman of Legislative Council of that particular State.

Which of the statements given above is/are correct?

(a) Only 1

(b) Only 2

(c) Both 1 and 2

(d) Neither 1 nor 2

Powers and functions

  • The Constitution of India gives limited power to the State Legislative Council.
  • The State Legislative Council can neither form nor dissolve a state government.
  • The State Legislative Council also have no role in the passing of money bills.
  • But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status as Cabinet Ministers in the state.

Issues with LC

  • It was argued that a second House can help check hasty actions by the directly elected House, and also enable non-elected persons to contribute to the legislative process.
  • However, it was also felt that some of the poorer states could ill afford the extravagance of two Houses.
  • It has been pointed out that the Councils can be used to delay important legislation and to park leaders who have not been able to win an election.

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Digital India Initiatives

Open Network for Digital Commerce (ONDC) Project

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ONDC Project

Mains level: Policy support against digital monopolies in India

The Department for Promotion of Industry and Internal Trade (DPIIT) has issued orders appointing an advisory committee for its Open Network for Digital Commerce (ONDC) project.

What does one mean by ‘Open-source’?

  • An open-source project means that anybody is free to use, study, modify and distribute the project for any purpose.
  • These permissions are enforced through an open-source licence easing adoption and facilitating collaboration.

What is ONDC Project?

  • ONDC seeks to promote open networks, which are developed using the open-source methodology.
  • The project is aimed at curbing “digital monopolies”.
  • This is a step in the direction of making e-commerce processes open-source, thus creating a platform that can be utilized by all online retailers.
  • They will encourage the usage of standardized open specifications and open network protocols, which are not dependent on any particular platform or customized one.

What processes are expecting to be open-sourced with this project?

  • Several operational aspects including onboarding of sellers, vendor discovery, price discovery and product cataloguing could be made open source on the lines of Unified Payments Interface (UPI).
  • If mandated, this could be problematic for larger e-commerce companies, which have proprietary processes and technology deployed for these segments of operations.

What is the significance of making something open-source?

  • Making a software or a process open-source means that the code or the steps of that process is made available freely for others to use, redistribute and modify.
  • If the ONDC gets implemented and mandated, it would mean that all e-commerce companies will have to operate using the same processes.
  • This could give a huge booster shot to smaller online retailers and new entrants.

What does the DPIIT intend from the project?

  • ONDC is expected to digitize the entire value chain, standardize operations, promote inclusion of suppliers, derive efficiencies in logistics and enhance value for stakeholders and consumers.

What is a ‘Digital Monopoly’?

  • Digital monopolies refer to a scenario wherein e-commerce giants or Big Tech companies tend to dominate and flout competition law pertaining to monopoly.
  • The Giants have built their own proprietary platforms for operations.
  • In March, India moved to shake up digital monopolies in the country’s $ 1+ trillion retail market by making public a draft of a code of conduct — Draft Ecommerce Policy, reported Bloomberg.
  • The government sought to help local start-ups and reduce the dominance of giants such as Amazon and Walmart-Flipkart.
  • The rules sought to define the cross-border flow of user data after taking into account complaints by small retailers.

Processes in the ONDC

  • Sellers will be onboarded through open networks. Other open-source processes will include those such as vendor and price discovery; and product cataloguing.
  • The format will be similar to the one which is used in the Unified Payments Interface (UPI).
  • Mega e-commerce companies have proprietary processes and technology for these operations.
  • Marketplaces such as Amazon, Flipkart, Zomato, BigBasket and Grofers will need to register on the ONDC platform to be created by DPIIT and QCI.
  • The task of implementing DPIIT’s ONDC project has been assigned to the Quality Council of India (QCI).

Back2Basics: Quality Council of India

  • QCI was set up in 1997 by the government of India jointly with Indian industry (represented by CII, FICCI and ASSOCHAM) as an autonomous body under the administrative control of the department.
  • QCI establishes and operates the National Accreditation Structure for conformity assessment bodies; providing accreditation in the field of education, health and quality promotion.

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Waste Management – SWM Rules, EWM Rules, etc

How India can face the tidal wave of marine plastic

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Plastic waste

Mains level: Need for plastic waste management

The problem of marine plastic pollution has reached a new peak. Hence it must be tackled from various perspectives. This article discusses some of them.

Plastic use in India

  • The Central Pollution Control Board’s (CPCB) Annual Report on Implementing the Plastic Garbage Rules, 2016, is the only regular estimate of the quantum of plastic waste generated in India.
  • According to it, the waste generated in 2018-19 was 3,360,043 tonnes per year (roughly 9,200 tonnes per day).
  • Given that total municipal solid waste generation is between 55 and 65 million tonnes per day, plastic waste contributes about 5-6 per cent of total solid waste generated in India.

What happens to Plastic Waste?

  • Only nine per cent of all plastic waste has ever been recycled.
  • Approximately 12 per cent has been burnt, while the remaining 79 per cent has accumulated in landfills.
  • Plastic waste is blocking our sewers, threatening marine life and generating health risks for residents in landfills or the natural environment.

Marine plastic pollution

  • Incredibly vast and deep, the ocean acts as a huge sink for global pollution. Some of the plastic in the ocean originates from ships that lose cargo at sea.
  • Abandoned plastic fishing nets and longlines – known as ghost gear – is also a large source, making up about 10% of plastic waste at sea.
  • Marine aquaculture contributes to the problem, too, mainly when the polystyrene foam that’s used to make the floating frames of fish cages makes its way into the sea.
  • The financial costs of marine plastic pollution are significant as well.
  • According to conservative forecasts made in March 2020, the direct harm to the blue economy of the Association of Southeast Asian Nations will be $2.1 billion per year.

Threats posed to coastal areas

  • Enormous social costs accompany these economic costs.
  • Residents of coastal regions suffer from the harmful health impacts of plastic pollution and waste brought in by the tides and are inextricably linked to the fishing and tourism industry for their livelihoods.
  • Therefore, we must begin finding solutions to prevent plastics and other waste from polluting our oceans and clean them up.

Tackling the issue

The problem of marine plastic pollution can — and must — be tackled from a range of perspectives. Some of the solutions are as follows:

1.Designing a product: Identifying plastic items that can be replaced with non-plastic, recyclable, or biodegradable materials is the first step. Find alternatives to single-use plastics and reusable design goods by working with product designers.

2.Pricing: Plastics are inexpensive because they are made with substantially subsidized oil and may be produced at a lower cost, with fewer economic incentives to employ recycled plastics.

3.Technologies and Innovation: Developing tools and technology to assist governments and organizations in measuring and monitoring plastic garbage in cities. ‘Closing the loop’ project of the UN assists cities in developing more inventive policy solutions to tackle the problem. A similar approach can be adopted in India. 

4.Promoting a plastic-free workplace: All catering operations should be prohibited from using single-use plastics. To encourage workers and clients to improve their habits, all single-use goods can be replaced with reusable items or more sustainable alternatives.

5.Producer responsibility: Extended responsibility can be applied in the retail (packaging) sector, where producers are responsible for collecting and recycling products that they launch into the market.

6.Municipal and community actions: Beach and river clean-ups, public awareness campaigns explaining how people’s actions contribute to marine plastic pollution (or how they may solve it) and disposable plastic bag bans and levies.

7.Multi-stakeholder collaboration: Government ministries at the national and local levels must collaborate in the development, implementation and oversight of policies, which includes participation from industrial firms, non-governmental organisations and volunteer organisations. Instead of acting in silos, all these stakeholders must collaborate and synchronise with one another.

Way forward

  • Solving the problem of marine plastic involves a change in production and consumption habits, which would help meet the SDGs.
  • Apart from the solutions mentioned above, the government can take several steps to combat plastic pollution.
  • Identifying hotspots for plastic leakage can assist governments in developing effective policies that address the plastic problem directly.

Answer this PYQ in the comment box:

Q.Why is there a great concern about the ‘microbeads’ that are released into environment? (CSP 2019)

(a) They are considered harmful to marine ecosystems.

(b) They are considered to cause skin cancer in children.

(c) They are small enough to be absorbed by crop plants in irrigated fi elds.

(d) They are often found to be used as food adulterants.

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Parliament – Sessions, Procedures, Motions, Committees etc

Government creates Ministry of Cooperation

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Creation of new ministry

Mains level: Cooperatives in India

The Union Government has created a new Ministry of Cooperation with an aim to strengthen the cooperative movement in the country.

With the creation of the Ministry of Cooperation, there will now be a total of 41 central government ministries. Several of these ministries also have separate departments and organizations under them.

What defines a Cooperative?

  • A cooperative is “an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned enterprise”.
  • Cooperatives are democratically owned by their members, with each member having one vote in electing the board of directors.

Ministry of Cooperation

  • The ministry has been created for realizing the vision of ‘sahkar se samriddhi’ (through cooperation to prosperity).
  • The NGO Sahakar Bharati, whose founder member Satish Kashinath Marathe is a part-time director on the RBI board, says it was the first to pitch for the creation of a separate ministry for the cooperative sector.
  • It will provide a separate administrative, legal and policy framework for strengthening the cooperative movement in the country.
  • It will help deepen cooperatives as a true people-based movement reaching up to the grassroots.
  • The ministry will work to streamline processes for ‘ease of doing business’ for cooperatives and enable the development of multi-state cooperatives (MSCS).

Why need such Ministry?

  • In our country, a Co-operative based economic development model is very relevant where each member works with a spirit of responsibility.
  • This creation has signalled its deep commitment to community-based developmental partnerships.

Second new ministry created so far

  • The Ministry of Cooperation is the second ministry to be created since 2019 after the Modi government came to power for the second time.
  • Soon after taking charge, the government had created the Jal Shakti ministry.
  • However, it was not altogether new as the Ministry of Cooperation.
  • It was created by integrating two existing ministries dealing with water — Water Resources, River Development and Ganga Rejuvenation, and Drinking Water & Sanitation ministry.

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