PT 360 Polity June 2024: UPSC Prelims 2025

Coalition Government

News Context

• Recent 2024 General Elections of Lok Sabha led to the formation of a coalition government at the center
• No political party secured a clear majority in the Lower House of the Parliament
• This has made headlines as it signifies a shift in power dynamics and the need for collaboration among different political parties to govern effectively

About Coalition Government 

• A coalition government is when multiple political parties work together to form a government when no single party has a clear majority in the legislature.
• Factors Contributing to Coalition Government in India
  
  • Multi-party system
  • Regional diversity and rise of state parties
  • Anti-incumbency factors
• Formation of Coalition Governments in India
  
  • Pre-election alliances: Parties come together before elections to present a united front to voters.
  • Post-election coalitions: Parties negotiate to form a government after election results, especially when no pre-election alliance has a majority.

Coalition Governments in India

• 1977: The first coalition government, known as the Janta Government, was formed at the Union level in India.
• 1989: This marked the beginning of the era of coalition politics in India, which has continued for almost 25 years.
• 1999-2004: The National Democratic Alliance became the first coalition government to successfully complete a 5-year term in India.
• 2024: There is a re-emergence of coalition politics at the center in India.

Demand for New States

News Context

• 10th Anniversary of Telangana State Formation
  
  • June 2 marks the ten years since the formation of Telangana State
  • Created through the Andhra Pradesh Reorganisation Act, 2014
• Motivation for Separate State
  
  • Perceived regional inequality in development led to the creation of Telangana
  • Hyderabad became the capital of the new state
• Demand for Bhil Pradesh
  
  • The Bhil tribe has recently demanded an independent tribal state called Bhil Pradesh
  • Would include parts of Rajasthan, Madhya Pradesh, Gujarat, and Maharashtra

Formation of New States Procedure

• Article 3 Provisions:
  
  • Parliament has the power to form new States by separating territory from existing States, uniting two or more States, uniting parts of States, and uniting any territory to a part of any State.
  • Presidential Recommendation: A Bill for forming a new State must be introduced in Parliament only on the President's recommendation.
  • Consultation with State Legislatures: Before recommending a Bill that affects the area, boundaries, or name of any State, the President must refer the Bill to the Legislature of that State to express its view within a specified time.
• Parliament's Authority: Parliament can create a new state through ordinary legislation with a simple majority vote.

Judicial Pronouncement related to Reorganisation of State

• Berubari Union case, 1960: Supreme Court ruled that Parliament cannot cede Indian territory to a foreign country under Article 3.
• Indian Territory can only be ceded to a foreign state through a constitutional amendment under Article 368.
• 9th Constitutional Amendment Act (CAA), 1960 was passed to transfer certain territory to Pakistan in accordance with the Supreme Court's ruling.

State Reorganization Commission/Committees

• S.K. Dhar Commission, 1948: Recommended reorganization based on administrative convenience rather than linguistic factor.
• JVP Committee, 1948: Rejected language as basis for state reorganization.
• Fazl Ali Commission, 1953: Identified 4 factors for state reorganization:
  
  • Preservation and strengthening of unity and security of country.
  • Linguistic and cultural homogeneity.
  • Financial, economic and administrative considerations.
  • Planning and promotion of welfare of people and nation as a whole.
• Fazal Ali Commission recommended formation of 14 states and 6 UTs.
• Parliament implemented its recommendations through Constitution (7th Amendment) Act, 1956.

Internal Emergency

News Context

• 2024 will commemorate the 50th anniversary of the internal Emergency declared on June 25, 1975.

About Emergency

• Definition of Emergency: Emergency is a state where democratic rights are suspended and central government takes control over state governments.
• Historical Influence: The concept of suspending fundamental rights during emergency was inspired by the Weimar Constitution of Germany.
• Legal Framework: Emergency Provisions are detailed in Article 352 to Article 360 in Part XVIII of the Constitution.
• Purpose: The inclusion of these provisions aims to protect the sovereignty, unity, integrity, and security of the country, as well as the democratic political system and Constitution.

Types of Emergencies

National Emergency

• President can declare a national emergency on the advice of the Cabinet led by the Prime Minister in case of threats to the security of India from war, external aggression, or armed rebellion.
• National emergencies have been declared three times in India so far, in 1962, 1971, and 1975.

President's Rule (State or Constitutional Emergency)

• This type of emergency is declared when there is a failure of the constitutional machinery in states.

Financial Emergency

• A financial emergency can be declared in case of a threat to the financial stability or credit of India or any part of its territory.

Procedure of Proclamation of Emergency

Approval:

• Must be approved by both houses of Parliament within one month of issuance
• If approved, Emergency lasts for 6 months and can be extended indefinitely with Parliament approval every 6 months
• If Lok Sabha dissolves without approving continuation, Emergency continues until 30 days after reconstitution, if Rajya Sabha approves
• Resolution for Emergency must be passed by special majority in either house of Parliament

Revocation:

• President can revoke Emergency at any time with subsequent proclamation, no parliamentary approval needed
• Lok Sabha must pass resolution disapproving continuation of Emergency by simple majority

Changes brought after Internal Emergency through 44th Amendment Act, 1978

• Written approval for Emergency: Emergency can only be proclaimed with written advice from the Cabinet to the President.
• Fundamental Rights protection: Restricted scope of Article 359, ensuring that rights to protection in respect of conviction for offences and right to life and personal liberty remain enforceable during emergency. Right to property was removed as a fundamental right and made a constitutional right under Article 300A.
• Term of Lok Sabha: Reduced back to 5 years from 6 years by amending Articles 83 and 172.
• Removal of Article 275A: Removed the power of the Government of India to deploy armed forces to deal with law and order situations in any State.
• Judicial review for election disputes: All doubts and disputes arising from the election of a President or Vice-President shall be inquired into and decided by the Supreme Court.

Mission Karmayogi

News Context

The Capacity Building Commission (CBC), established in 2021 under the National Programme for Civil Services Capacity Building (NPCSCB) - Mission Karmayogi, has now been in operation for three years.

About NPCSCB - Mission Karmayogi

• NPCSCB's goal is to develop a skilled and forward-thinking civil service that understands India's development goals and national priorities.
• The program includes all civil servants, including those on contract, working in various ministries, departments, and agencies of the Union Government.
• State governments that are interested can also adopt similar capacity building plans.

Institutional framework of NPCSCB

• The Prime Minister's HR Council is the highest governing body.
• The Cabinet Secretariat Coordination Unit oversees and monitors activities.
• The Capacity Building Commission sets training standards and supervises training institutions.
• The Special Purpose Vehicle is a government-owned online learning platform called iGOT Karmayogi.

Guiding Principles of Mission Karmayogi

• Shift from rule to role based training and capacity building: This involves moving away from traditional, rule-based training methods to a more flexible, role-based approach that focuses on individual needs and demands.
• Moving to a competency driven approach for capacity development: This approach emphasizes the importance of developing a combination of attitudes, skills, and knowledge (ASK) that are essential for successful job performance.
• 70-20-10 Mandate: This principle highlights that 70% of learning should come from on-the-job experiences, 20% from working with others, and 10% from planned training activities.
• Link goal setting, planning & achievement: Mission Karmayogi aims to align learning and capacity building initiatives with both organizational goals and individual career goals, while also emphasizing the importance of performance measurement.
• Establishment of unbiased systems of evaluation: Mission Karmayogi will implement fair and objective assessment methods to evaluate performance effectively.
• Democratising and enabling continuous, lifelong learning opportunities.
• Move beyond silos in the Government.

Other initiatives taken for Civil Servants

National Standards for Civil Service Training Institutions (NSCSTI):

• Developed by Capacity Building Commission to set a baseline for Central Training Institutes (CTIs) to improve their quality and capacity of training delivery.
• Aim is to harmonize standards for training to help civil servants address challenges of the 21st century.

Aarambh:

• Launched by the Government of India in 2019, it is the first common foundation course for civil servants training.
• Designed to provide a solid foundation for civil servants to enhance their skills and knowledge.

National Training Policy:

• Adopted in 1996 and reviewed in 2012 to create professional, impartial, and efficient civil servants who are responsive to the needs of citizens.
• Aims to develop civil servants who are well-equipped to serve the public effectively and responsibly.

Concerns associated with NPCSCB - Mission Karmayogi

• Scalability: With 1.5 crore government officials at various levels, effectively expanding training programs may be challenging.
• Over-centralization: Relying on a centralized framework for training could meet resistance from states, impacting implementation.
• Resistance: The Indian bureaucracy is often resistant to change, which could hinder large-scale reforms.
• Tailoring Training to Job Functions: Creating training modules that address the specific needs of civil servants in different regions presents a difficulty. For instance, civil servants in Himalayan states face different challenges than those in desert areas.

Capacity Building Commission

• Established in 2021 through Gazette of India by DoPT, the CBC operates as an independent body with full executive and financial autonomy.
• The CBC consists of three Members and is supported by an internal Secretariat led by a Joint Secretary to GoI designated as Secretary to CBC.
• Members are appointed from various backgrounds to ensure diverse perspectives from state governments, public sector, private sector, academia, etc.
• The main goal of the CBC is to enhance credibility and establish a consistent approach to capacity building through collaboration and resource sharing.

Functions of CBC:

• Assist in creating Annual Capacity Building Plans for departments, ministries, and agencies.
• Compile an Annual Report on the State of Civil Services.
• Approve Knowledge Partners for the Mission.
• Develop a unified and collaborative approach to capacity building efforts.

New Criminal Laws Come into Effect From July 1

• Three new criminal laws passed by Parliament in 2023
• Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) on hold for punishment in hit and run cases

Significance of new criminal laws:

• Reformative justice: Focus on community service over imprisonment
• Modernizing the justice system: Updating outdated laws like the Indian Penal Code (1860)
• Seamless flow of information: Improving coordination and collaboration in investigations and judicial proceedings

Online Misinformation

News Context

The United Nations introduced the "Global Principles for Information Integrity: Recommendations for Multi-stakeholder Action" to address the issue of online misinformation, disinformation, and hate speech.

About Online Misinformation

• Misinformation is inaccurate or misleading information shared without harmful intent, but it can still have negative consequences.
• Disinformation, on the other hand, is false or misleading content spread with the intention to deceive or gain economically or politically, causing harm to the public.
• The fast and easy dissemination of posts on social media makes it challenging to provide accurate information.
• With around half of the world's population having internet access, information can be created, shared, and consumed rapidly, contributing to the spread of misinformation.

What could be negative impacts of online misinformation

• Information Bubbles: Algorithms contribute to the creation of information bubbles that perpetuate prejudices like racism, misogyny, and discrimination.
• Threats to Democracy: Misinformation has the potential to sway election results by misguiding voters about candidates, eroding trust in public institutions and the media.
• Difficulty in Achieving SDG: Online misinformation can exacerbate challenges in reaching the Sustainable Development Goals (SDGs), such as:
• Undermining climate action through misinformation and coordinated disinformation campaigns like Greenwashing.
• Spreading false information on social media about fertility issues, cancer rates, and autoimmune diseases in relation to COVID-19 vaccines.
• Adverse Impact on Economy: Online misinformation can lead to panic or unrealistic expectations in financial markets, causing sudden volatility and potential economic losses.

Initiatives taken to tackling online misinformation

• Social media 4 Peace by UNESCO: This initiative aims to make societies more resilient to harmful online content, especially hate speech that incites violence.
• Intermediary Guidelines and Digital Media Ethics Code Rules, 2021: These rules prevent intermediaries from hosting, storing, or publishing any unlawful information that goes against the law.
• Information Technology Act, 2008: This act can be used to penalize individuals who spread fake news through electronic communication.
• Bharatiya Nyaya (Second) Sanhita, 2023: This law includes provisions for addressing fake news, including through electronic means.
• PIB-Fact Check Unit (FCU): The FCU is responsible for countering misinformation related to Government policies, initiatives, and schemes either proactively or in response to complaints.

Related News

• World Summit on the Information Society (WSIS)
  
  • India took part in the ITU's WSIS+20 Forum High-Level Event 2024 in Geneva, Switzerland.
  • The WSIS+20 Forum commemorates two decades of advancements in implementing the results of the WSIS, held in Geneva in 2003 and Tunis in 2005.
• About WSIS
  
  • The WSIS forum is organized every year by ITU, UNESCO, UNDP, and UNCTAD, with ITU and the Swiss Confederation as co-hosts.
  • The main aim of the forum is to create a platform that involves multiple stakeholders in addressing issues related to information and communication technologies at various levels - national, regional, and international.
  • The ultimate goal of the forum is to establish an Information Society that is centered around people, inclusive, and focused on development. This includes ensuring universal access to information, promoting its utilization, and facilitating its sharing.

Proportional Representation

Why is the News?

In India, experts are suggesting that Proportional Representation (PR) should be used for Lok Sabha and State Assembly elections instead of the current First-Past-The-Post (FPTP) system.

Difference between First Past-The-Post (FPTP) and Proportional Representation

Types of Proportional Representation Systems:

Single Transferable Vote System

• Voters rank candidates in order of preference
• Adopted for election of members to Rajya Sabha and state legislative council, as well as for electing President and Vice-President

List System

• Voters vote for party (not individual candidates) and parties get seats in proportion to their vote share
• Used in Germany and New Zealand

Mixed Member Proportional Representation

• One candidate elected through FPTP system from each territorial constituency
• Additional seats filled based on parties' percentage of votes
• Maintains balance between stability and proportionate representation

Self-Declaration Certificates

• The Ministry of Information and Broadcasting has announced that a Self-declaration certificate (SDC) is required for all new advertisements.
• The Supreme Court has mandated that no advertisements can be shown on television, print media, or the internet without a valid SDC.
• SDC, which must be signed by an authorized representative of the advertiser or advertising agency, must be submitted through specific portals.
• The Broadcast Seva Portal is used for submitting TV and radio advertisements.
• The Press Council of India's portal is used for submitting print and digital/internet advertisements.
• SDC will ensure that the advertisement is free of deceptive statements.
• SDC will confirm that the advertisement follows all applicable regulatory rules and guidelines, includes:
  
  • The regulations outlined in the Cable Television Networks Rules of 1994.
  • The guidelines for ethical journalism set by the Press Council of India.

Press Council of India (PCI)

• Established under the Press Council Act of 1978, this autonomous authority has quasi-judicial powers.
• Its main purpose is to uphold press freedom and enhance the quality of newspapers and news agencies in India.
• The Council is made up of a Chairman, who is a retired Supreme Court judge, and 28 members.
• The Chairman is appointed by a committee consisting of the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha, and a member elected by the Council itself.

Significance of the step

• Transparency and accountability: It is important to hold manufacturers, promoters, and advertisers accountable for misleading advertisements to ensure honesty and transparency in marketing practices.
• Consumer protection: Protecting consumers from unfair trade practices and false advertisements is crucial to safeguard their rights and interests.
• Implementation of legislations and rules: Proper implementation of guidelines and rules, such as those outlined in the Guidelines for Prevention of Misleading Advertisements and Endorsements of Misleading Advertisements, 2022, is essential for effective regulation of advertising practices.

Telecommunications Act, 2023

• Various parts of the Telecommunications Act of 2023 have been implemented.
• The goal of the act is to update laws regarding the growth and operation of telecommunications services and networks, with a focus on principles like Inclusion, Security, Growth, and Responsiveness.
• The act replaces the outdated Indian Telegraph Act of 1885 and Indian Wireless Telegraphy Act of 1933 due to significant advancements in the telecom industry and technologies.

Salient features of Act that comes into force

• Clarify terms such as telecommunication, spectrum, and user to enhance investor confidence and facilitate business operations.
• Ensure that RoW framework is granted in a fair and non-exclusive manner.
• Allow the Central Government to establish standards and conformity measures for telecommunication services and equipment.
• Protect users by requiring consent for receiving specific messages and creating Do Not Disturb registers.
• Broaden the scope of the Universal Service Obligation Fund, now known as Digital Bharat Nidhi, to support research, development, and pilot projects in the telecommunications sector.

Significance of Act

• Improving safety and reliability in telecommunication services.
• Placing a stronger focus on safeguarding consumers and national security.

The Post Office Act 2023 Comes into Effect

• Repeal of Indian Post Office Act, 1898
• Provisions of the Post Office Act, 2023:
  
  • India Post will appoint a Director General of Postal Services (DGPS) to lead the organization.
  • The DGPS will be authorized to create regulations regarding service charges, postage stamp distribution, and sales.
• Powers to intercept postal articles:
  
  • The government has the authority to intercept an article sent through India Post under certain conditions.
  • These conditions may include concerns related to the security of the State, maintaining friendly relations with foreign countries, public order, emergencies, or public safety.
• Exemptions from liability: The post office is not responsible for any liability related to its services, except for what is specifically outlined in the regulations for a particular service.
• The Act does not include any penalties for non-compliance.

Importance of the Act

• It establishes a basic set of laws for providing services directly to citizens, including banking services and government benefits at the local level.
• It improves the process of conducting business and makes everyday life easier for individuals.

Postal System During British Era

• The first post office of the East India Company was established in 1727.
• Lord Dalhousie acknowledged the Indian Post Offices as a distinct organization of significant national importance.
• The current location of the General Post Office in Kolkata was originally the site of the first Fort William.

74 Women MPS In 18th Lok Sabha

• The 18th Lok Sabha saw the election of 74 women, making up 13.6% of the total members, which is slightly lower than the 78 women elected to the 17th Lok Sabha, accounting for 14.4% representation.
• Status of women representation in Legislature
  
  • In the 18th Lok Sabha elections, 9.7% of the 797 women contestants were victorious, compared to 10.74% of 726 women contestants in the 17th Lok Sabha elections.
  • The representation of women in the Lok Sabha has increased from 5% in the first Lok Sabha to its highest level in the 17th Lok Sabha at 14.4%.
  • Currently, women make up 14.05% of the members in the Rajya Sabha.
  • Internationally, women hold 26.9% of seats in national parliaments.
• Significance of women representation:
  
  • Female legislators outperform male legislators in economic indicators within their constituencies.
  • Having equal representation in legislation is crucial for empowering women politically, as they make up approximately half of the population.
  • Women are less prone to criminal behavior and corruption, more effective in their roles, and less susceptible to political manipulation.
• Challenges to women’s legislative representation:
  
  • Societal biases, political systems dominated by men, and responsibilities to family.
  • Challenges in the system: Campaigns for elections require a lot of money and time, and are often filled with inappropriate behavior, hate speech, threats, and intimidation.
  • Women may also internalize patriarchal beliefs and norms, affecting their own views and actions.

Steps taken for increasing women political representation

• The Nari Shakti Vandan Adhiniyam, 2023 (106th Amendment Act) aims to reserve one-third of seats for women in Lok Sabha and State Legislative Assemblies, including the Legislative Assembly of Delhi.
• The 73rd and 74th Constitutional Amendments already made provisions for reserving 1/3rd seats in Panchayats and Municipalities for women.
• India has committed to achieving SDG target 5.5, which focuses on ensuring women's full and effective participation in decision-making in politics and public life at all levels.

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