PT 360 Polity July 2024: UPSC Prelims 2025

Article 341

• The Supreme Court ruled that the State does not have the authority to change the Schedule Caste (SC) List published under Article 341.
• The Court invalidated a resolution by the Bihar government to include the Economically Backward Class Community in the SC List.
• About Article 341:
  
  • The President has the authority to officially recognize certain groups as Scheduled Castes in specific States or Union Territories.
  • This designation is made in consultation with the Governor for States and can encompass entire castes, races, tribes, or subgroups within these categories.
  • Parliament has the power to add or remove groups from the list of Scheduled Castes through legislation.

Auditing of Local Bodies

News Context

• The International Centre for Audit of Local Governance (iCAL) was recently established in Rajkot, Gujarat.
• It is the inaugural initiative within the country and seeks to establish worldwide benchmarks for auditing local government entities.
• About iCAL:
  
  • A platform for policymakers and auditors to work together, focusing on capacity building for auditors.
  • Aims to increase independence of local government auditors for better financial performance assessment and service delivery.
  • Functions as a knowledge hub and think-tank for addressing governance issues at the grassroots level.

About Local Self Governance and its Audit

• The 73rd and 74th Constitutional Amendment Act of 1992 introduced Part IX and IX-A, which focus on local self-governance.
• The amendments required State governments to establish panchayats and municipalities at various levels in every region.
• In 2020, the Ministry of Panchayati Raj created the AuditOnline application to conduct online audits of panchayat accounts and promote accountability in fund utilization.
• The AuditOnline application received the World Summit on Information Society Prizes 2023 at the International Telecommunication Union (ITU) in Geneva.
• The current auditing mechanism of local bodies is mandated by the CAG's Act of 1971.
• CAG oversees the proper maintenance of accounts and auditing for Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs) at all three levels.
• In most states, the audit of funds granted by the state government to local bodies is conducted by Examiner of Local Fund Accounts (ELFA) or Director of Local Fund Accounts (DLFA) under the supervision of CAG.

Constitutional Provisions

• Article 243 G: Establishes the fundamental principle of decentralization of power to Local Bodies.
• Article 243J: Allows the State Legislature to create laws regarding the maintenance of accounts by Panchayats and the auditing of those accounts.
• Article 243 Z: Grants the State Legislature the authority to make laws concerning the maintenance of accounts by Municipalities and the auditing of those accounts. 

Decentralisation & Inclusive Development

• Increased Participation: Decentralization allows local communities, including marginalized groups, to be involved in decision-making processes, ensuring their participation in decision making.
  
  • Example: Back to Village Programme in J&K aims to energize Panchayats and involve communities in development efforts.
• Tailored Solutions: Local governments are better equipped to understand and address specific challenges faced by the community.
  
  • Example: Development of roads to improve access to healthcare for pregnant women in district Vyara, Gujarat.
• Political Representation: Decentralization empowers marginalized and vulnerable groups by providing them with representation.
  
  • 46% of total PRI representatives are elected women.
• Development: Decentralization promotes local development by effectively devolving powers, leading to tangible outcomes.
  
  • Example: Over 5.17 crore assets have been constructed and geo-tagged under MGNREGA.
• Equity in Healthcare: WHO Alma Ata Declaration on Primary Health Care of 1978 advocated for decentralization of services to achieve greater equity in healthcare access.
• Water Management: Decentralization brings the government closer to the people and helps in utilizing traditional knowledge/practices for sustainable resource management.
  
  • Atal Bhujal Yojana aims for community-led sustainable groundwater management.
• By giving more power to local governments, increasing their resources, training their staff, monitoring their progress, and involving various stakeholders like minorities and civil society organizations, local bodies can promote inclusive development.

Cabinet Committees

• The Union government formed eight Cabinet committees.
• About Cabinet committees
  
  • The Transaction of Business Rules, 1961 outline the formation of various cabinet committees.
  • The cabinet utilizes a committee system to streamline decision-making in different sectors.
  • Cabinet committees cover areas such as appointments, accommodation, economic affairs, parliamentary affairs, political affairs, security, investment and growth, and skill employment and livelihood.
  • The Prime Minister chairs the Political Affairs Committee, Economic Affairs Committee, and Appointments Committee, while the Home Minister chairs the Parliamentary Affairs Committee.

Central Bureau of Investigation (CBI)

News Context

• In a recent case, the Supreme Court confirmed that the West Bengal government's lawsuit against the Union of India regarding the registration and investigation of cases by the CBI is valid, even after the state revoked its general consent in 2018.
• The State filed a lawsuit under Article 131, accusing the Union of exceeding its constitutional powers and disregarding federalism by using the CBI without the State's permission.
• Article 131 pertains to the Supreme Court's authority to hear cases involving disputes between the Centre and one or more states.

Central Bureau of Investigation (CBI)

• Established in 1963 based on the recommendations of the Santhanam Committee on Prevention of Corruption.
• Operates under the Ministry of Personnel, Pension & Public Grievances.
• Governed by the Delhi Special Police Establishment (DSPE) Act, 1946.
• Acts as the premier investigating police agency in India, coordinating investigations on behalf of Interpol Member countries.
• Motto is "Industry, Impartiality and Integrity."
• Aims to combat corruption in public life, economic and violent crimes, cybercrime, and high technology crime through thorough investigation and prosecution.
• Leadership structure includes a Director, special director or additional director, joint directors, deputy inspector generals, superintendents of police, and other police personnel ranks.
• In 2021, President issued ordinances extending the tenures of Directors of CBI and Enforcement Directorate (ED) for up to five years.
• Investigates cases related to anti-corruption, economic offences, special crimes, and suo-moto cases.
• Consent of State for CBI:
  
  • The CBI does not need to obtain new permission each time it enters a state for an investigation or case.
  • Section 6 of the DSPE Act allows the state government to grant or refuse consent to CBI officers.
  • In addition to West Bengal, other states such as Punjab and Telangana have also revoked their general consent.
  • In specific cases, the CBI must seek approval from the state government for each investigation.

Concerns associated with CBI

• Vacant posts: CBI is facing a shortage of staff in key positions, leading to delays in case resolution and impacting operational efficiency.
• As of March 2023, there are 1709 vacant posts in CBI out of a sanctioned strength of 7295.
• Lack of transparency: Information about cases, their progress, and outcomes are not readily available to the public, raising concerns about accountability.
• Withdrawal of Consent: Nine states have withdrawn general consent for CBI investigations, creating obstacles in conducting thorough investigations.
• Loss of credibility: CBI has faced criticism for mishandling high-profile cases involving politicians and sensitive scandals like Bofors and Hawala.
• Administrative hurdles: Approval from the Central Government is required to investigate senior Central Government employees, limiting CBI's ability to combat corruption at higher levels.
• Funding issues: Insufficient investment in personnel, training, and equipment, along with underutilization of funds, is affecting CBI's effectiveness.
• Lack of autonomy: CBI's operational control by the Department of Personnel and Training, and government involvement in appointing senior officials, raises concerns about the agency's independence.

Constitutional Morality

• The Chief Justice of India emphasized the importance of 'Constitutional Morality' for India's diverse society.
• Constitutional morality involves following constitutional norms to uphold the spirit of the Constitution, not just the words.
• It requires a dedication to constitutional values like sovereignty, social justice, and equality, going beyond a strict interpretation of the law.
• The term was first introduced by British historian George Grote.
• Grote highlighted the importance of maintaining a balance between freedom and restraint in society.
• He believed that citizens should follow constitutional authorities while also having the freedom to voice their criticisms.
• According to Dr. B.R. Ambedkar:
  
  • Constitutional morality is essential for a democratic Constitution to function peacefully, but it must be developed and nurtured.
  • The type of administration is closely linked to the type of Constitution, and changing the administration can undermine the Constitution without changing its form.
  • The author believes that forms of administration should be outlined in the Constitution to ensure they align with its spirit.
• Constitutional Provisions Related to Constitutional Morality
  
  • Fundamental Rights: These are rights that protect individuals from the misuse of power by the government.
  • Fundamental Duties: These are responsibilities that citizens have towards their nation.
  • Separation of Power: This principle ensures that there is a system of checks and balances in place, with the judiciary reviewing legislative and executive actions, and the legislature overseeing the executive branch.

Central Information Commission (CIC)

• The Supreme Court has confirmed that the Central Information Commission has the authority to establish benches and create rules.

About CIC:

• Establishment: CIC was created as a statutory body under the Right to Information Act of 2005 with the aim of providing Indian citizens with greater access to information.
• Purpose: The main functions of CIC include receiving and investigating complaints from any citizen related to the RTI Act.
• Composition: The Commission is made up of one Chief Information Commissioner (CIC) and Information Commissioners (ICs), with the total number of ICs not exceeding 10.
• Selection Process: CICs and ICs are appointed by the President based on the recommendations of a committee chaired by the Prime Minister and including the Leader of Opposition in Lok Sabha and a Union Cabinet Minister nominated by the PM.
• Term: CICs and ICs serve a term of three years in office.

Common Service Centres

• The CSC SPV, responsible for managing the CSC scheme, marked its 15th anniversary.

About CSC SPV:

• Established by the Ministry of Electronics & IT according to the Companies Act, 1956.
• Aims to create a centralized collaborative system for providing services to citizens through CSCs.
• Goal is to transform CSCs into a dependable and widespread network of IT-enabled service points for citizens.

About Common Service Centres (CSCs):

• One of the pillars of the National e-Governance Plan (NeGP) approved in 2006 is the Common Service Centers (CSCs).
• CSCs serve as front-end delivery points for a variety of Government, private, and social sector services to rural citizens of India in an integrated manner.
• The CSC network covers the regional, geographic, linguistic, and cultural diversity of India.
• CSCs offer a range of services including G2C services like Aadhar services and ITR filing, B2C services like Bharat Bill Pay System and mobile recharge, as well as financial services like banking, insurance, and pension services.

Significance of CSCs:

• Bridging the digital divide: CSCs help provide access to online services in remote areas, promoting digital inclusion.
• Employment opportunities: CSCs offer training programs to improve digital literacy, employability, and encourage entrepreneurship.
• Additional benefits: CSCs also support financial inclusion, provide assistance to rural businesses, and integrate e-Commerce platforms.

CSC 2.0 Scheme:

• Initiated in 2015
• Goal: To establish a minimum of one Common Service Center (CSC) in each of the 2.5 lakh Gram Panchayats nationwide.
• Purpose: To enhance service delivery by utilizing a unified technology platform.
• Main Features: Standardization of services and promotion of women's participation as Village-level Entrepreneurs, among others.

Constitution of India and France

News Context

• The French President has officially acknowledged the Prime Minister's resignation and requested that he continue leading the interim government until a new government is appointed.

Similarities between the Constitution of India and France

• The French Revolution led to France transitioning from a monarchy to a republic.
• India was influenced by the French Revolution, with Tipu Sultan planting the Tree of Liberty in his capital and adopting the title of 'Citizen Tipoo'.
• France has had multiple constitutions over the past two centuries, with the current one being the Fifth Republic established in 1958.
• The First Republic was formed in 1793 after the French Revolution, followed by the Second in 1848, the Third in 1875, and the Fourth in 1946.
• The countries both have written constitutions that are influenced by the principles of liberty, equality, and fraternity from the French Revolution.
• Both countries allow citizens to participate in popular sovereignty through universal adult franchise.
• Both countries have a bicameral parliament system.
• In France, the lower house (National Assembly) is elected directly by universal suffrage for five years, while the upper house (Senate) is elected indirectly through universal suffrage and renewed by half every three years.
• Both countries have provisions for emergencies outlined in their constitutions.

Contrasting Features of Constitution of India and France

Election of Prime Minister in Nepal

News Context

• Shri K. P. Sharma Oli has been inaugurated as Nepal's Prime Minister for the fourth time to head a fresh coalition administration.
• Nepal has had 14 different governments since the monarchy was abolished in 2008, showing its lack of stability.
• In contrast to India's Quasi-Federal republic system, Nepal's 2015 constitution officially made it a federal democratic republic.
• Despite their differences, the constitutions of both Nepal and India share many similar features.

Constitutional Similarities Between India and Nepal

• Secular State: Both the secular state and fundamental rights protect religious freedom for all citizens, ensuring a separation of religion and government.
• Fundamental Rights: Citizens are granted comprehensive fundamental rights, including socio-economic rights, to ensure their well-being and equality.
• Bicameral Parliament: The executive branch is held accountable to the legislature in a bicameral parliament system, promoting checks and balances within the government.
• Head of the Government: The President serves as the ceremonial head of government, while the Prime Minister holds the real power and responsibilities of governing.
• Affirmative Action: Provisions for marginalized groups are included to promote inclusivity and equality within society.
• Other Features: Every adult citizen has the right to vote, a multi-party political system is in place, constitutional supremacy is upheld, and an independent judiciary, with the Supreme Court as the ultimate interpreter of the Constitution, ensures justice and fairness for all.

Foreigners Tribunals

• The Supreme Court recently reversed the ruling of the Assam Foreigners' Tribunal and recognized a resident of the state as an Indian citizen.

Foreigners Tribunals:

• Establishment of Foreigners Tribunals: These bodies are set up by the Central Government under the Foreigners (Tribunals) Order, 1964, as per Section 3 of The Foreigners Act, 1946.
• Authority to declare a person as a foreigner: Only Foreigners Tribunals have the authority to officially declare someone as a foreigner. This means that just being excluded from the National Register of Citizens (NRC) in Assam does not automatically mean a person is classified as a foreigner.
• Powers similar to a civil court: Foreigners Tribunals have the power to exercise the same powers as a civil court under the Code of Civil Procedure, 1908.

President Returns Bill Passed by Punjab Legislative Assembly

• The Punjab Universities Laws (Amendment) Bill, 2023 has been sent to the President for approval after being reserved by the Punjab Governor.
• The bill suggests that the chief minister should take over the role of chancellor for state universities, replacing the governor.
• Reservation of State Bills for President’s Consideration
  
  • Article 200 of the Constitution explains the Governor's authority in relation to bills passed by the state legislature, allowing the Governor to reserve a bill for the President's consideration.
  • The final decision on the enactment of a reserved bill lies with the President, and the Governor does not play a role in this process.
  • If the President instructs the Governor to send the bill back to the state legislature for review, the legislature must reconsider it within 6 months and then resubmit it to the President.
  • It is important to note that the President is not obligated to approve a bill that has been reconsidered by the state legislature.

Other powers of Governor on State Bills

• Options available to the Governor after a bill is passed by the state Legislative Assembly:
  
  • Grant Assent: This action turns the bill into a law.
  • Withhold Assent: This action effectively rejects the bill.
  • Return Bill for Reconsideration: If the legislative assembly passes the bill again, with or without amendments, the Governor must give his assent.
  • Reserve the Bill for the President's Consideration: The Governor can choose to send the bill to the President for further consideration.

Supreme Court Judgments on the Legislative Powers of Governors

State of Punjab Case (2023)

• A Governor cannot block legislation by merely refusing to give assent to a bill.
• Instead, they are obligated to return the bill to the assembly if they choose to withhold assent.

Shamsher Singh Case (1974)

• Governors do not exercise discretionary powers when withholding assent or returning a bill.
• They are expected to follow the advice of the Council of Ministers.

Reconstitution of Niti Aayog

• The Aayog's term, except for the CEO, ends with the term of the Union Government, so it needed to be reconstituted after the new government was formed in June.
• About National Institution for Transforming India (NITI) Aayog
  
  • It is a government research organization established in 2015 by a decision of the Union Cabinet, taking the place of the former Planning Commission.
• Chairperson and Governing Council
  
  • Chairperson: Prime Minister of India
  • Governing Council includes Prime Minister, Chief Ministers of all states and Union Territories with legislature, Lt. Governors of other UTs, Vice Chairperson and Full-Time Members of NITI Aayog, and Special Invitees
  • Ex-officio Members: Up to 4 members of Union Council of Ministers nominated by the PM
  • Special Invitees: Experts, specialists, and practitioners with relevant domain knowledge nominated by the PM
  • Regional Councils: Established to address specific issues and contingencies impacting more than one state or region
  • CEO: Appointed by the PM for a fixed tenure, in the rank of Secretary to the Government of India.
• Twin mandate:
  
  • To supervise the implementation and tracking of the SDGs in the nation
  • To encourage both competitive and cooperative federalism among States and Union Territories

Role of NITI Aayog in India's Development Agenda

• Cooperative Federalism: Fosters a 'Team India' approach, encouraging all states to collaborate on a unified national development agenda.
• Competitive Federalism: Encourages healthy competition among states through transparent rankings, such as the ADP and SDG-India Index.
• Regional and Sector-specific Initiatives: Examples include the NITI Forum for the North East and Project SATH-E (Sustainable Action for Transforming Human Capital in Education).

Supreme Court’s Judgment on Mineral Taxation

• The Constitution Bench of the Supreme Court stated that states are allowed to impose taxes on mineral rights.
• In an 8:1 decision, the Supreme Court determined that state legislatures have the authority to tax mining lands without being restricted by the Mines and Minerals (Development and Regulation) Act of 1957.
• A dissenting opinion expressed concerns about the potential negative impacts of granting states the power to tax minerals.

Key Observations by Court:

• The authority to tax mineral rights is specifically listed in Entry 50 of List II (State List), meaning that Parliament cannot use its residual powers to intervene in this area.
• While Parliament can pass laws to limit states' taxation of minerals, the Mines and Minerals (Development and Regulation) Act (MMDRA) does not have any provisions imposing such limitations.
• Entry 54 of List I (Union List) gives the Union government regulatory power over minerals, but does not include the authority to impose taxes on them.
• Entry 49 of List II includes mineral-bearing lands, allowing states to tax them.
• The court reversed its 1989 decision, stating that royalty is not considered a tax and is not covered under MMDRA.

About MMDRA 1957:

• The mining sector in India is overseen and controlled by regulations that include various types of licenses.
• These licenses include reconnaissance permits, prospecting licenses for exploring and confirming deposits, mining leases for extracting minerals, and composite licenses that cover both exploration and extraction activities.

2023 Amendments in MMDRA:

• An amendment has been made to include Exploration Licences for deep-seated and critical minerals, allowing for reconnaissance and prospecting activities.
• The Central Government now has the authority to exclusively auction mining leases and composite licences for specific critical minerals.
• The auction process will be overseen by the Central Government, but the actual granting of mining leases or composite licences will be done by State governments.
• Certain minerals like lithium, beryllium, and titanium have been removed from the list of atomic minerals.

Special Packages

News Context

• The Chief Ministers of Bihar and Andhra Pradesh have recently requested special financial assistance for their states.
• In the Union Budget 2024-25, special packages were announced for Bihar and Andhra Pradesh.
• Announcements made:
  
  • Financial assistance of Rs. 11,500 crore will be provided for projects like the Kosi-Mechi intrastate link and other schemes in Bihar to support irrigation and flood mitigation efforts.
  • The Purvodaya initiative aims to develop economically prosperous states in the Eastern region, including Bihar, Jharkhand, West Bengal, Odisha, and Andhra Pradesh, to create opportunities for economic growth and development.
• An update on the Andhra Pradesh Reorganization Act 2014 includes:
  
  • Arranging financial support of ₹15,000 crores in FY 24-25.
  • The completion of the Polavaram Irrigation Project will ensure food security for the nation.
  • Essential infrastructure such as water, power, railways, and roads will be developed in the Kopparthy node on the Vishakhapatnam-Chennai Industrial Corridor and the Orvakal node on the Hyderabad-Bengaluru Industrial Corridor.

About Special Packages to States

• Special Packages are assistance given to states dealing with geographical and socio-economic difficulties, providing them with extra financial aid and perks.
• The Constitution includes rules that cater to the needs of particular states or those with a unique status on certain topics outlined in the Constitution.
• Examples of this can be found in Articles 371A to H.
• Special packages are given at the discretion of the government and are not solely based on need.
• These packages are considered as additional grants under Article 282, which is part of 'Miscellaneous Financial Provisions'.
• Article 282 allows both the Centre and states to provide grants for public purposes, even if it is not within their legislative competence.

Implications of giving Special Packages to States

• Fiscal implications: Providing special packages could increase the financial burden on the Centre and other States.
• Governance challenges: The effectiveness of special packages depends on the state's administrative capacity, and poor governance could result in mismanagement and misuse of funds.
• Risk of dependency: Short-term benefits from special packages may discourage states from implementing necessary structural reforms for long-term growth, leading to dependency on central assistance.
• Federal concerns: Unequal distribution of special packages could strain the relationship between central and state governments, potentially causing conflicts.
• Social implications: Uneven distribution of benefits from special packages could lead to social unrest and dissatisfaction among different communities within the state.

Sampoornata Abhiyan

• NITI Aayog has launched the 'Sampoornata Abhiyan' campaign to achieve saturation of key indicators in Aspirational Districts and Blocks.
• The Aspirational Districts Programme and Aspirational Blocks Programme are focused on improving development in specific areas.
• Indicators in aspirational districts include distribution of Soil Health Cards, availability of electricity in secondary schools, and immunization rates for children.
• Indicators in aspirational blocks include screening for Diabetes and hypertension, and support for Self Help Groups through Revolving Funds.

About Aspirational Districts and Aspirational Blocks Programme

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