Note4Students
From UPSC perspective, the following things are important :
Prelims level: Open Network for Digital Commerce (ONDC)
Mains level: Read the attached story
Central Idea
- The Open Network for Digital Commerce (ONDC) is poised to revolutionize India’s digital commerce sector, which is projected to reach $350 billion by 2030.
- Deloitte India recently released a whitepaper that outlines the potential of ONDC and its alignment with India’s Digital Public Infrastructure (DPI).
ONDC Framework: Enabling Seamless Commerce
- The ONDC framework leverages India’s Digital Public Infrastructure (DPI) to facilitate seamless commerce interactions.
- ONDC aims to promote open networks developed through open-source methodologies.
- The project seeks to combat digital monopolies by creating a platform for all online retailers, based on standardized open specifications and network protocols.
Understanding Open-Source
- Open-source projects allow for the free use, study, modification, and distribution of the project for any purpose.
- ONDC’s open-source approach could potentially impact operational aspects like seller onboarding, vendor discovery, price discovery, and product cataloguing.
Significance of Open-Sourcing
- Open-sourcing a process involves making its code or steps freely available for use, redistribution, and modification.
- Implementing ONDC’s open-source processes could level the playing field for smaller online retailers and new entrants.
ONDC’s Objectives: Countering Digital Monopolies
- ONDC aims to digitize value chains, standardize operations, and enhance efficiency, benefiting stakeholders and consumers.
- Digital monopolies, dominated by e-commerce giants, are being challenged by ONDC, aligned with India’s draft e-commerce policy.
ONDC Processes and Government’s Move
- ONDC streamlines processes like seller onboarding, vendor and price discovery, and product cataloguing.
- The Indian government’s move is spurred by the need to reduce foreign companies’ control over the domestic e-commerce ecosystem.
Evolution and Challenges of Digital Commerce
- The whitepaper charts the evolution of digital commerce in India, highlighting the hurdles faced in its early stages.
- Challenges like resistance from major e-commerce players and MSME compliance burdens must be addressed.
- Challenges included concerns about security, trust, and the perceived value of digital transactions.
- ONDC’s framework addresses these challenges, offering agility, security, and profitability simultaneously.
ONDC’s Impact across Industries
- Deloitte India emphasized ONDC’s potential to empower various industries.
- ONDC’s vision aligns with India’s growth trajectory, shifting power towards consumers and small and medium enterprises (SMEs).
- The framework’s unique proposition bridges gaps in value chains, fosters innovation, and streamlines interactions.
Agriculture and ONDC
- ONDC has transformative implications for the agriculture sector.
- It provides farmers direct access to buyers, eliminating intermediaries.
- Farmers Producer Organisations (FPOs) can establish direct connections with potential clients, enhancing value chain optimization.
- This integration benefits various stakeholders, including mandis, corporations, traders, hospitality establishments, and farm-to-table start-ups.
Unlocking Commerce Potential
- While India’s digital commerce sector is projected to touch $350 billion by 2030, e-commerce currently constitutes only about 4.3% of retail commerce.
- ONDC’s innovative approach is poised to drive higher participation in digital commerce, optimizing value chains, and accelerating sector growth.
Conclusion
- The Open Network for Digital Commerce (ONDC) is set to redefine India’s digital commerce landscape.
- The framework’s alignment with India’s Digital Public Infrastructure (DPI) and its potential to foster seamless interactions across industries hold great promise.
- ONDC’s agility, security, and profitability features make it a catalyst for innovation and economic growth.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Transit Hub
Mains level: Read the attached story
Central Idea
- In the world of aviation, a transit hub serves as a crucial intermediary point for travelers making their way from one foreign country to another.
- It’s like a well-orchestrated stopover where passengers switch from one aircraft to another, aiming for a seamless journey.
What is a Transit Hub in Aviation?
- A transit hub is like a bridge in the sky, connecting travellers from one foreign destination to another with minimal fuss.
- It should offer a smooth experience for passengers moving from Country A to Country C via Country B.
- Such hubs usually rely on a major airline with an extensive network to provide one-stop flights, ideally with no more than a 2 to 3-hour wait between flights.
- Picture it as a hub-and-spoke model, where flights come together at the hub and then branch out to various destinations, making travel affordable and efficient.
Can India Become a Transit Hub?
- In 2018-19, Indian airlines managed 40.2% of air passenger traffic to and from India.
- This number has grown to 44% in 2022-23, while overseas airlines’ share has shrunk to 56%.
- India now boasts low-cost carriers for short and medium-haul international flights, including newcomers like Akasa.
- These trends signal India’s potential to become an economical transit hub, offering essential services to start.
Which Airlines could make it happen?
- Air India group and IndiGo are potential game-changers in turning India into a transit hub.
- Together, they have nearly 1,500 aircraft on order, with most being narrow-body planes capable of covering 5 to 8 hours of travel, including European destinations.
Any other player for transit hubs?
- The plan begins with New Delhi, where a collaborative effort between the government, Delhi airport, and airlines seeks to optimize the hub experience.
- Transit hubs are also in the works for Mumbai, Bengaluru, Hyderabad, and Kolkata, depending on flight origins.
- Mumbai could be an attractive stop for African travellers, while Delhi might serve Central Europe and West Asia.
Is there any Policy Support?
- The Ministry of Civil Aviation endorses the idea, urging airlines to offer more non-stop international routes.
- Airports and airlines are working to create larger spaces within airports for transit passengers.
- Initiatives might include dedicated terminals for international flights or large carriers to streamline travel.
Conclusion
- India’s aviation landscape is evolving, with a rising share of passenger traffic attributed to domestic airlines and the emergence of low-cost international carriers.
- The potential for India to become a transit hub is grounded in these shifting dynamics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ramon Magsaysay Award
Mains level: Not Much
Central Idea
- Dr. R. Ravi Kannan, a surgical oncologist and Director of Cachar Cancer Hospital and Research Centre (CCHRC) in Assam, has been named one of the 2023 Ramon Magsaysay Awardees.
- His pioneering efforts have revolutionized cancer treatment in Assam by prioritizing people-centric and pro-poor healthcare solutions.
Dr. Kannan’s Inspiring Work
- Under Dr. Kannan’s guidance, CCHRC evolved from having limited facilities to encompassing 28 departments, including oncology, pathology, radiology, microbiology, epidemiology, and palliative care.
- The hospital introduced pro-poor measures such as free treatment, lodging, meals, ad hoc employment for caregivers, and a homecare program to address patients’ challenges in continuing treatment due to poverty and distance.
- The hospital team extended their support by providing training to family members in pain management and palliative care, and distributing free medicines.
- As a result, the compliance rate for cancer treatment increased remarkably, from 28% to 70%.
About Ramon Magsaysay Award
- The Ramon Magsaysay Award, established in 1958, stands as a significant accolade, often referred to as Asia’s equivalent of the Nobel Prize.
- This prestigious award honors individuals and organizations in Asia for their exceptional contributions to society across various domains.
Who was Ramon Magsaysay?
- Ramon Magsaysay was the Philippines’ president from 1953 until his tragic death in a plane crash in 1957.
- He gained prominence during World War II when Japanese forces occupied the Philippines, then a US colony.
- In December 1953, he was elected president from the Nationalist Party, the country’s oldest political party.
- Post-war chaos gripped the Philippines in 1946, accompanied by a widening gap between the rich and poor, exacerbated by the expansion of capitalism.
- Amidst suspicions of communist affiliations and demands for peasant rights, leaders were targeted by the government, aligned with the USA.
- Magsaysay’s administrative and military strategies played a pivotal role in countering the perceived threat of communism.
Indian Awardees: A Legacy of Excellence
Eminent Indians have been recognized through the Ramon Magsaysay Award:
- Vinoba Bhave (1958)
- Mother Teresa (1962)
- Kamaladevi Chattopadhyay (1966)
- Satyajit Ray (1967)
- Mahasweta Devi (1997)
- Arvind Kejriwal (2006)
- Anshu Gupta of Goonj (2015)
- Bezwada Wilson, human rights activist (2016)
- Ravish Kumar, journalist (2019)
Significance of the Award
- The Ramon Magsaysay Award symbolizes a deep commitment to altruism and service, acknowledging outstanding contributions that make a positive impact on society.
- It is a reminder that individuals and organizations can effect transformative change through their selfless efforts.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Financial frauds
Central Idea
- Following a Supreme Court directive in March 2023, the Securities and Exchange Board of India (SEBI) was tasked with investigating allegations related to the Adani-Hindenburg matter.
- The Organized Crime and Corruption Reporting Project (OCCRP) has recently unveiled new allegations against the Adani Group, adding to the scrutiny.
OCCRP’s allegations against Adani Group
- OCCRP’s report alleges stock manipulation by the Adani Group.
- The report cites exclusive documents indicating that investors connected to the Adani family influenced Adani companies’ stock prices.
- The Adani Group has strongly denied these allegations, attributing them to “Soros-funded interests.”
What is OCCRP?
- The Organized Crime and Corruption Reporting Project (OCCRP) is a global network of investigative reporters.
- Founded by Drew Sullivan and Paul Radu in 2006, OCCRP focuses on investigating organized crime and systemic corruption.
- OCCRP has grown to over 150 journalists in 30 countries and collaborates with regional partners and organizations like the Global Investigative Journalism Network.
OCCRP’s Impact
- OCCRP’s investigative efforts have led to numerous official investigations, arrests, resignations, and substantial fines.
- It played a pivotal role in high-profile probes, including investigations on Russia’s oligarchs and the Panama Papers project.
- The organization has been nominated for the Nobel Peace Prize for its contributions in unmasking political corruption and organized crime.
SEBI’s Investigation
- SEBI was directed by the Supreme Court to investigate Rule 19A violations, non-disclosure of related party transactions, and stock price manipulation.
- The OCCRP investigation alleges that Mauritius-based funds, connected to the Adani family, invested in Adani companies’ stocks.
- A UAE-based firm, linked to Adani, purportedly received advisory fees from the investment funds.
- The OCCRP’s evidence, along with the Hindenburg report, suggests potential regulatory breaches and contraventions by the Adani Group.
Decoding Rule 19A
- Rule 19A is a significant provision of the Securities Contracts (Regulation) Rules, 1957.
- It mandates that any company listed on the Indian stock market must maintain a minimum of 25 per cent public shareholding.
- “Public” in this context refers to individuals other than the “promoter and promoter group.” These terms encompass immediate family members and subsidiaries or associates of the company.
- This rule ensures that a sufficient number of a listed company’s shares are available for trading, promoting price discovery.
SEBI’s Response and Expert Committee
- SEBI is conducting investigations into Adani-Hindenburg matters, with some investigations still ongoing.
- The Expert Committee has reported regulatory loopholes facilitating the concealment of “ultimate beneficiary ownership” and transactions with “related parties.”
- SEBI’s handling of alerts generated in relation to Adani stocks and its evaluation of suspected FPIs have raised questions about its role.
Conclusion
- OCCRP’s investigation provides further allegations against the Adani Group, accentuating regulatory concerns.
- The complex web of potential regulatory violations and economic crimes warrants a thorough forensic audit by an independent auditor.
- SEBI’s role in the investigation, regulatory amendments, and handling of alerts requires scrutiny to ensure transparency and accountability.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: One Nation, One Election
Mains level: Not Much
Central Idea
- The Centre has taken a significant step towards implementing the “One Nation, One Election” concept by forming a committee led by former President Ram Nath Kovind.
- This concept aims to synchronize elections across different levels of governance, with the intent of boosting efficiency and governance.
- The committee’s primary role is to draft the necessary legislative framework for the successful implementation of the concept.
One Nation, One Election: Background and Rationale
- The frequent occurrence of elections disrupts the continuity of developmental activities due to adherence to election-related codes and rules.
- The Prime Minister has been a vocal advocate of simultaneous elections as a solution to this issue.
- The core idea is to streamline elections across various tiers of government, thereby reducing administrative complexities.
Nature of Simultaneous Elections
- Presently, India conducts separate elections for the Lok Sabha and State Assemblies, leading to staggered electoral cycles.
- The “One Nation, One Election” approach envisions holding elections for all state assemblies and the Lok Sabha simultaneously.
Historical Context and Shifting Trends
- In the initial decades after independence, India witnessed concurrent elections.
- This trend shifted with the untimely dissolution of the fourth Lok Sabha in 1971, which marked the decline of simultaneous elections.
- The dissolution of the Lok Sabha during the National Emergency declared in 1975 and the dissolution of state assemblies after the 1977 Lok Sabha election further disrupted this cycle.
Challenges and Necessary Constitutional Amendments
- A significant challenge lies in aligning the terms of the Lok Sabha and Legislative Assemblies.
- Amendments to relevant articles of the Constitution, such as Article 83 for the Lok Sabha and Article 172(1) for Legislative Assemblies, may be required to enable synchronized elections.
Efficiency and Governance Benefits
Simultaneous elections offer several benefits:
- Reduction in effort, time, and expenditure due to consolidated election cycles.
- Mitigation of governance disruptions caused by the Model Code of Conduct during elections.
- Streamlined campaign expenses, potentially leading to cost savings.
- Improved voter turnout and enhanced credibility of the electoral process.
Challenges and Counterarguments
- Challenges include synchronizing terms, preventing mid-term dissolutions, and addressing the costs associated with electronic voting machines (EVMs).
- Counterarguments raise concerns about influencing voter choices, potential erosion of government accountability, and implications for democratic principles and federalism.
Ensuring Effective Implementation
- Robust legal safeguards are essential to address the challenge of mid-term dissolutions and maintain the integrity of synchronized elections.
- Some countries employ mechanisms like “no-confidence motions” to ensure governance continuity during the synchronized cycle.
Conclusion
- The “One Nation, One Election” initiative holds the potential to streamline India’s electoral process and enhance governance efficiency.
- Overcoming challenges requires a comprehensive approach along with suitable legal provisions, making the concept a practical reality while preserving democratic principles and federalism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UCC
Mains level: UCC- Child-centric approach
Central Idea
- In the backdrop of a potential UCC being brought to the fore during a special parliamentary session from September 18 to 22, 2023, it’s crucial to transcend the traditional discourse surrounding polygamy and divorce. The forthcoming UCC must delve deeper into issues beyond these and prioritize the well-being of children in custody.
What is the Uniform Civil Code (UCC)?
- The UCC is a framework aimed at replacing personal laws based on religious customs and traditions with a unified set of civil laws applicable to all citizens of a country, regardless of their religion or background.
- The goal of a UCC is to provide a common set of laws for matters like marriage, divorce, inheritance, and adoption, among others.
- This unified code is intended to promote equality, justice, and uniformity in personal matters while respecting individual rights and cultural diversity.
Reimagining child custody
- The Guardians and Wards Act, 1890, fundamentally prioritizes the child’s welfare when determining custody.
- Within the Hindu Minority and Guardianship Act, 1956, Section 6 asserts the father’s status as the natural guardian, followed by the mother. However, this distinction should not be interpreted as lifetime primacy but rather ‘in the absence of’ the father.
- A more holistic UCC should move beyond this binary.
Exploring Islamic Law
- Intriguingly, custody under Islamic law centers on the child’s rights rather than the parents. The father’s custody right ranks sixth, following the mother, maternal grandmother, paternal grandmother, sister, maternal aunt, and paternal aunt.
- Different schools of thought allocate custody at varying ages or events. Notably, the Hanafi school does not strip the mother of custody upon ceasing to be Muslim.
- Such varied approaches provide a lens for crafting a comprehensive UCC.
Nuanced Issues in Child Custody
- Complexities Beyond Conventional Disputes:
- Child custody disputes involve intricate challenges that go beyond the typical battles between fathers and mothers.
- The complexities arise from scenarios involving biological parents’ rights after adoption and situations related to a biological father accused of rape.
- Favoring biological parents over adoptive ones:
- Courts are increasingly leaning towards granting custody to biological parents, often at the expense of adoptive parents.
- The growing concern is that the child’s best interests might be overlooked in such cases.
- Case of Custody to the Biological Father:
- In a specific case where the Bombay High Court granted custody of an adopted child to the biological father.
- This decision was made despite the biological father facing rape charges that led to the child’s birth.
- Balancing Biological and Adoptive Rights:
- The case underscores the importance of the Uniform Civil Code (UCC) addressing the rights of both biological and adoptive parents.
- The primary focus should be on the child’s well-being and best interests.
- Biological Mother’s Situation:
- Another case involves a 17-year-old biological mother who allegedly eloped with an accused rapist, resulting in the birth of a child.
- Despite the biological mother’s subsequent marriage and decision to surrender the child for adoption, the High Court awarded custody to the biological father.
- A Holistic Approach to Custody Decisions:
- These instances highlight the need for custody decisions to consider not only legal aspects but also the child’s welfare and the well-being of all parties involved.
- Advocates for the UCC to address such nuanced scenarios and ensure that custody decisions are guided by the principle of prioritizing the best interests of the child.
Significance of a Progressive UCC
- A Holistic Approach to Custody:
- A progressive UCC goes beyond superficial changes, addressing custody beyond the father’s role.
- It ensures the “best interests of the child” principle in custody disputes, balancing parental rights.
- Balancing Biological and Adoptive Parents:
- The UCC’s recognition of both biological and adoptive parents prevents favoring one over the other.
- It prioritizes child welfare over parental status.
- Reflecting on a Changing Society:
- A progressive UCC adapts to evolving family dynamics and structures.
- It caters to diverse familial arrangements, avoiding outdated norms.
- Protection Against Discrimination:
- The UCC safeguards individual rights, preventing discrimination based on religion, gender, or background.
- It ensures equal treatment in family matters.
- Empowering Children’s Interests:
- The UCC’s child-centric approach minimizes the adverse effects of custody disputes on children.
- It promotes a healthier environment for their growth.
- Encouraging Equitable Gender Roles:
- A progressive UCC challenges traditional gender roles, empowering individuals to make choices.
- It dismantles biases, promoting gender equality.
- Legal Clarity and Unity:
- Uniform laws reduce legal complexities, providing clarity for the individuals involved.
- They foster a sense of unity by treating all citizens equally.
- Recognition of Modern Family Models:
- LGBTQ+ relationships, single parenthood, and non-traditional families gain legal recognition.
- The UCC acknowledges diverse family structures.
- Enhancing Adoption and Surrogacy Regulations:
- A progressive UCC offers comprehensive guidelines for adoption and surrogacy.
- It safeguards the rights and responsibilities of all parties involved.
Conclusion
- As the horizon of legal reform broadens, a child-centric approach should be at the heart of the UCC. The UCC should not only evolve with changing societal dynamics but also serve as a testament to the nation’s commitment to nurturing the best interests of its children.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: The concept of one nation, one election, pros and cons
What’s the news?
- The government forms a committee to explore the possibility of One Nation, One Election.
Central idea
- In a significant move, the Indian government has established a committee under the leadership of former President Ram Nath Kovind to delve into the viability of implementing the concept of one nation, one election. This proposal coincides with the announcement of a special parliamentary session scheduled between September 18 and 22, with its specific agenda undisclosed.
Historical Context
- Independent India’s initial elections featured simultaneous Lok Sabha and state assembly polls. However, the synchronized cycle was disrupted due to various political changes, including the rise of regional parties.
- Over time, some states aligned their assembly elections with the Lok Sabha polls, while others maintained separate cycles.
- Prime Minister Narendra Modi has consistently advocated for the synchronization of Lok Sabha and state assembly elections.
- He announced the formation of a committee in June 2019 after his re-election, intending to explore this concept in consultation with political party leaders.
Arguments in Favor of Simultaneous Elections
- Cost Efficiency: Conducting multiple elections throughout the year consumes significant resources. Synchronizing elections could lead to substantial cost savings by consolidating administrative efforts, reducing expenses, and optimizing resource allocation.
- Effective Governance: Frequent elections disrupt governance as the Model Code of Conduct restricts policy announcements. Simultaneous elections could ensure uninterrupted policy implementation and governance, benefiting citizens with a consistent and focused administration.
- Resource Rationalization: Organizing elections requires considerable manpower, security personnel, and financial resources. Simultaneous elections would streamline resource allocation, reducing the strain on logistical arrangements and personnel deployment.
- Enhanced Voter Participation: Coordinated elections could potentially boost voter turnout by creating a sense of importance and urgency among citizens to participate in a comprehensive electoral process.
- Engagement of security forces: Deployment of security forces is normally throughout the elections and frequent elections take away a portion of such armed police force which could otherwise be better deployed for other internal security purposes.
- Impact on social fabric: Frequent elections perpetuate caste, religion, and communal issues across the country as elections are polarising events that have accentuated casteism, communalism, and corruption.
- Focus on populist measures: Frequent elections will impact the focus of governance and policymaking as it forces the political class to typically think in terms of immediate electoral gains rather than focus on long-term programs and policies.
Arguments Against Simultaneous Elections
- Logistical Challenges: Coordinating elections across states and levels of government presents significant logistical challenges, including the availability of polling stations, security arrangements, and managing a large-scale operation.
- Regional Representation: Simultaneous elections may favor national parties over regional ones, leading to a reduction in the representation of regional issues and undermining the diversity of political voices.
- Disruption on Government Collapse: If a government collapses before its term concludes, simultaneous elections could lead to a prolonged period of political uncertainty and governance instability at both state and national levels.
- Constitutional Amendments: Implementing simultaneous elections necessitates extensive amendments to the Constitution, electoral laws, and parliamentary procedures, which may require complex negotiations and consensus-building.
- Impact on Federal Structure: Simultaneous elections might blur the distinction between state and national issues, potentially weakening the federal structure and eroding the autonomy of state elections.
- Electoral Commission Capacity: Coordinating simultaneous elections would place a significant burden on the Election Commission’s resources, possibly affecting the efficiency and credibility of the electoral process.
- Complexity of the Anti-Defection Law: Simultaneous elections could complicate the implementation of the anti-defection law, potentially leading to legal challenges and political instability.
- Suppression of Diverse Voices: A single overarching election campaign might overshadow regional concerns and reduce the space for a diverse range of opinions and local issues.
Previous Considerations and Recommendations
- Election Commission’s 1983 Suggestion: In 1983, the Election Commission proposed the idea of holding simultaneous elections to the Lok Sabha and state legislative assemblies.
- The Law Commission’s 1999 Recommendation: The Law Commission, led by Justice B.P. Jeevan Reddy, presented its 170th report in May 1999. The report recommended exploring a system where elections for the Lok Sabha and all legislative assemblies are held simultaneously.
- Atal Bihari Vajpayee’s Effort (2003): In 2003, then Prime Minister Atal Bihari Vajpayee discussed the concept with Congress President Sonia Gandhi. Though initial discussions were positive, the idea did not gain traction beyond that point.
- L.K. Advani’s Proposal (2010): In 2010, BJP leader L.K. Advani proposed fixed-term legislatures and simultaneous Lok Sabha and Assembly elections. He emphasized the need to avoid frequent elections for the stability of governments.
- Election Commission’s Support (2019): In 2019, Chief Election Commissioner Sunil Arora expressed support for the idea of simultaneous elections, calling it a desirable goal. He suggested aligning the terms of state assemblies with the life of the Parliament for successful implementation.
- Parliamentary Standing Committee (2015): The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, led by E.M. Sudarsana Natchiappan, compiled a report in 2015. The report highlighted benefits such as reduced expenditure, policy continuity, and a minimized impact on essential services during election times.
- Law Commission’s Draft Report (2018): In August 2018, the Law Commission, under the leadership of Justice B.S. Chauhan, drafted a report stating that simultaneous elections couldn’t be held within the existing constitutional framework. The Commission recommended amendments to the Constitution, the Representation of the People Act 1951, and parliamentary procedures for its implementation. The report suggested that at least 50% of states ratify constitutional amendments.
Contemporary Perspectives
- BJP’s Manifesto (Recent Years): The BJP included the idea of “one nation, one election” in its election manifesto, viewing it as a means to streamline the electoral process and minimize disruptions caused by frequent elections.
- Opposition’s Reservations (2023): In 2023, leaders from parties such as Jharkhand Mukti Morcha, Shiv Sena (UBT), and the Congress have expressed opposition to the idea of simultaneous elections. They argue that it could diminish the importance of state elections and regional parties, leading to their overshadowing by national leaders.
Way forward?
- The standing committee recommended a cycle of elections, according to which elections to some legislative assemblies whose term end within six months to one year before or after the election date could be held during the midterm of Lok Sabha . For the rest of the states, elections could be held along with the general elections to Lok Sabha.
- Cost can be brought under control by ensuring that the legal cap on expenditure of candidates is followed by all parties.
- Accomplishing one year one election will be easier as it doesn’t require as many legal amendments as simultaneous polls for which the Centre will have to make five amendments to the Constitution.
Conclusion
- The concept of one nation, one election remains a subject of ongoing deliberation in Indian politics. While proponents emphasize its potential advantages, critics raise valid concerns about its implementation and impact on regional dynamics. The future of this proposal will depend on how these considerations are navigated in the evolving political landscape of India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CEC and Other ECs -Appointment, Conditions of Service, and Term of Office and constitutional provisions
Mains level: The CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023 and concerns and way forward
What’s the news?
- The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, introduced in the Rajya Sabha on August 10, seeks to alter the control dynamics of the Election Commission (EC) by increasing political executive influence.
Central idea
- The proposed legislation establishes a Selection Committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs), with the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a nominated Cabinet minister as its members. This change excludes the Chief Justice of India (CJI) from the committee and overturns a prior Supreme Court ruling.
Background
- To ensure the EC’s impartiality and independence in conducting free and fair elections, a five-judge bench of the Supreme Court, in the case of Anoop Baranwal vs Union of India on March 2, established interim guidelines.
- This mandates a three-member committee composed of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India for appointments.
- The Court specified that this composition would remain until a corresponding law is passed by Parliament.
Historical Context
- The Constituent Assembly aimed to ensure the EC’s independence. B. R. Ambedkar stressed that elections must be conducted by an independent body separate from the government.
- While the Constitution left legislative room for future parliamentary intervention, it was expected to uphold fairness and reason.
Constitutional Provisions and Autonomy
- Article 324 Authority: The Constitution assigns the Election Commission (EC) the crucial responsibility of Superintendence, direction, and control of elections, granting it the power to oversee and manage various aspects of the electoral process.
- Composition Defined: Article 324, clause 2, outlines the composition of the EC, comprising the Chief Election Commissioner (CEC) and a determined number of other Election Commissioners (ECs) as determined by the President.
- Autonomy Safeguarded:
- Article 324(5) serves as a crucial safeguard to ensure the autonomy and independence of the EC. It stipulates that the removal process for the CEC mirrors the procedure applicable to a judge in the Supreme Court.
- By mirroring the removal process of a Supreme Court judge, the Constitution seeks to shield the EC from arbitrary or partisan influences.
- EC Member Removal: While the same level of security of tenure is not extended to other Election Commissioners, their removal remains contingent on the recommendation of the Chief Election Commissioner. This provision reflects the intent to uphold an EC that operates independently and free from external political pressures.
- Precedent and Autonomy: The case of T N Seshan vs Union of India (1995) further establishes the notion that any removal of EC members must be grounded in intelligible and cogent considerations.
Concerning Provisions of the Bill
- Shift in Selection Committee Composition: The proposed bill introduces a new Selection Committee responsible for appointing the CEC and ECs. However, the composition of this committee excludes the CJI, a departure from established practices. This shift raises concerns about reduced judicial participation in the appointment process.
- Quorum Dynamics and LoP’s Role: The bill sets a quorum requirement for the Selection Committee, consisting of two members – the Prime Minister and a Cabinet Minister. This setup potentially diminishes the Leader of the Opposition’s (LoP) role to a mere formality, impacting the balanced representation and input from all relevant stakeholders.
- Consideration Beyond Search Committee Recommendations: Section 8(2) of the bill allows the Selection Committee to consider candidates not recommended by the Search Committee. This provision conflicts with the transparency objective set out in Section 8(1) and raises concerns about the potential for arbitrary appointments and favoritism.
- Procedure Regulation and Lack of Transparency: Section 8(1) empowers the Selection Committee to regulate its own procedure. This provision introduces the possibility of an unregulated decision-making process lacking transparency and potentially leading to an opaque and subjective appointment process.
Potential adverse impact of the bill
- EC Autonomy Erosion: The proposed bill threatens to undermine the autonomy of the EC. The changes in the appointment process and composition of the SC could expose the EC to increased political influence, potentially compromising its impartiality.
- Reduced Judicial Oversight: Exclusion of the CJI from the SC reduces judicial oversight in appointments. This could lead to a lack of checks and balances, eroding the credibility of the appointment process.
- Executive Dominance: The quorum dynamics favoring the PM and CM could result in executive dominance over appointments. This could weaken the EC’s ability to function independently and impartially.
- Impaired Democracy: If the EC’s autonomy and credibility are compromised, the democratic process itself could be undermined, with elections losing their impartiality and fairness.
- Precedent from the Ashok Lavasa Case: The case of Ashok Lavasa, whose independent stance led to cases against his family members, illustrates the potential repercussions of dissenting voices within the EC. In the context of such cases, the proposed bill could further discourage independent decision-making within the EC, impacting its ability to operate freely.
Way Forward
- Reconsider Composition: Reevaluate the composition of the Selection Committee for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Consider reintroducing the Chief Justice of India (CJI) to ensure balanced participation and uphold checks and balances.
- Balanced Quorum: Revise the quorum requirement of the Selection Committee to include the LoP as a full participant. This balanced representation will ensure a comprehensive decision-making process.
- Transparency in Selection: Implement measures to maintain transparency in the appointment process. Avoid considering candidates not recommended by the Search Committee, preserving the fairness and credibility of appointments.
- Clarity in Procedure: Establish clear and transparent procedures for the Selection Committee. Providing well-defined guidelines will ensure an objective and equitable appointment process.
- Parliamentary Scrutiny: Subject any proposed changes to thorough scrutiny by the Parliament. A comprehensive debate involving various political parties will help ensure the legitimacy of the amendments.
- Uphold Constitutional Values: Prioritize adherence to constitutional principles when considering changes to the appointment process. Upholding the autonomy and integrity of the EC is paramount.
Conclusion
- The CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023, threatens the fundamental autonomy of the Election Commission. Upholding the EC’s independence is vital for maintaining the integrity of India’s democratic process and ensuring the equal representation of all citizens and political parties in elections.
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