Indian Polity : December 2022 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

• Recently, the Global Analysis and Assessment of Sanitation and Drinking-Water (GLAAS) report was released by the World Health Organization (WHO) and UN-Water.

What are the Highlights of the Report?

• Human Resource:
  • Less than one-third of countries reported maintaining enough human resources to manage essential Water, Sanitation and Hygiene (WASH) tasks.
• National Coverage Targets:
  • 45% of countries are on track to meet their drinking-water coverage targets, but only 25% are meeting their sanitation targets.
  • More acceleration is needed to achieve national targets.
• Finance: While WASH budgets in some countries have increased, a significant portion — more than 75% of them — reported having inadequate resources to carry out their WASH plans and objectives.
• Climate Resilience of WASH Systems:
  • Most WASH policies and plans do not consider climate change threats to WASH services, nor do they take the climate resilience of WASH technology and management systems into account
  • The increasing frequency and intensity of extreme weather events caused by climate change continue to hamper the delivery of safe WASH services, thus affecting the health of users.
• External Support:
  • Aid for water and sanitation decreased by 5.6% between 2017 and 2020, and the geographical targeting of the aid shifted.
  • In sub-Saharan Africa, the proportion of WASH aid dropped from 32% to 23%, while in Central and Southern Asia, it increased from 12% to 20%, and in Eastern and South-Eastern Asia, it increased from 11% to 20%.

Way Forward

• Leaving no one Behind: Governments must target underserved populations and settings – such as people living in poverty or in remote or hard-to-reach areas – to ensure they also have access to safe, sustainable WASH services.
• Local participation is a way to ensure no one is left behind. Strengthening community participation is fundamental to adapt and sustain SDG 6 solutions to local community contexts.
• Gender: Increased inclusion, financial support and monitoring are needed to ensure women are considered in WASH decisions and services Gender and WASH are connected in many ways – from menstrual health and hygiene to local participation and women working in WASH.
• Increasing Investment: Governments and development partners need to strengthen WASH systems and dramatically increase investment to extend access to safely managed drinking water and sanitation services to all by 2030, beginning with the most vulnerable.

National Policy of Rare Diseases

Why in News?

• Recently, a Rajya Sabha Member of Parliament (MP) raised concerns over National Policy of Rare Diseases (NPRD) as it did not reach any patient with rare diseases even after several months since its introduction.

What is NPRD?

• About:
  • Ministry of Health and Family Welfare formulated launched NPRD in 2021 for the treatment of rare disease patients.
• Aim:
  • To increase focus on indigenous research and local production of medicines.
  • To lower the cost of treatment of rare diseases.
  • To screen and detect rare diseases early at early stages, which will in turn help in their prevention.

Key Provisions of the Policy

• Categorization:
  • Group 1: Disorders amenable to one-time curative treatment.
  • Group 2: Those requiring long term or lifelong treatment.
  • Group 3: Diseases for which definitive treatment is available but challenges are to make optimal patient selection for benefit, very high cost and lifelong therapy.
• Financial Support:
  • Those who are suffering from rare diseases listed under Group 1 will have the financial support of up to Rs. 20 lakh under the umbrella scheme of Rashtriya Arogya Nidhi.
  • Rashtriya Arogya Nidhi provides for financial assistance to patients, living Below Poverty Line (BPL) and who are suffering from major life-threatening diseases, to receive medical treatment at any of the super specialty Government hospitals / institutes.
  • Beneficiaries for such financial assistance would not be limited to BPL families, but extended to about 40% of the population, who are eligible as per norms of Pradhan Mantri Jan Arogya Yojana, for their treatment in Government tertiary hospitals only.
• Alternate Funding:
  • This includes voluntary crowdfunding treatment by setting up a digital platform for voluntary individual contribution and corporate donors to voluntarily contribute to the treatment cost of patients of rare diseases.
• Centres of Excellence:
  • The policy aims to strengthen tertiary health care facilities for prevention and treatment of rare diseases through designating eight health facilities as 'Centres of Excellence' and these will also be provided one-time financial support of up to Rs. 5 crore for upgradation of diagnostics facilities.
• National Registry:
  • A national hospital-based registry of rare diseases will be created to ensure adequate data and comprehensive definitions of such diseases are available for those interested in research and development.

Section 10A of the Divorce Act, 1869

Why In News?

Recently, the Kerala High Court stated that the stipulation of the period of one year or more for filing a divorce petition by mutual consent under Section 10 A of the Divorce Act, 1869 violates fundamental rights and is unconstitutional.

• The court suggested to the Union government that there should be a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes.

Why did the Court Strike Down Section 10A of the Indian Divorce Act, 1869?

• The Section 10A is discriminatory because of the reason that different communities in equal circumstances are given different treatment.
• The legislature cannot take away liberty without adequately safeguarding the interest of the individuals whose interests to seek remedy are affected even if such legislation intends to achieve laudable objectives.
• The right to a judicial remedy curtailed by statutory provisions, which is a violative of a fundamental right.
• The right to life encompasses judicial remedy as well.

[Intext Question]

What is the Source of Section 10A of the Indian Divorce Act,1869?

• The one-year period is stipulated in Section 28(1) of the Special Marriage Act, Section 13B (1) of the Hindu Marriage Act and Section 32B (1) of the Parsi Marriage and Divorce Act.
• Earlier the Section 10A of the Indian Divorce Act mandated a 2-years waiting period for the application of divorce.
• The Kerala High Court itself, in Saumya Ann Thomas v. The Union of India & Ors. (2010) held that the stipulation of a period of two years as the minimum mandatory period under Section 10A was arbitrary and oppressive and the period of two years has to be read as one year.
• Article 8 of the Universal Declaration of Human Rights declares that everyone has the right to an effective remedy by the competent national Tribunals for acts violating fundamental rights granted by the constitution or by law.

What is the Universal Declaration of Human Rights?

• The Universal Declaration of Human Rights (UDHR) is a milestone in the history of human rights.
• The Declaration was proclaimed by the United Nations General Assembly in Paris, December 1948 on Human Right Day.
• Every year Human Rights Day is celebrated on 10^th December all around the world.
• It sets out, for the first time, fundamental human rights to be universally protected.
• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Conclusion

• The basic motive behind the mandated one-year period to apply for the divorce is basically intended to provide the proper time to the couples to understand each other and different family culture. It is not necessary that in every matrimonial case this approach works with the same outcome so there should be some other remedial measures to get rid of toxic marital relationships.
• The Kerala High Court is basically trying to conserve the right to dignified life of the couples who are facing severe hardship in their married life.

Private Member’s Bill on Election Commission

Why in News?

• Recently, a private member’s Bill was introduced in Lok Sabha seeking to make Election Commission (EC) of India responsible for regulating and monitoring the internal operations of political parties in the country.
• The bill comes at a time when the Supreme Court is hearing petitions on the need for reforms in the appointment of Chief Election Commissioner (CEC) and the Election Commissioners (ECs).
• It was argued that the internal functioning and structures of a large number of political parties have become very “opaque and ossified” and there is a need to make their functioning transparent, accountable and rule based.

What are the Highlights of the Bill?

• On Appointment of CEC:
  • It also seeks the members of the EC, including the Chief Election Commissioners, to be appointed by a panel consisting of the Prime Minister, Union Home Minister, Leader of Opposition or floor leader in Lok Sabha, Leader of Opposition or floor leader in Rajya Sabha, the Chief Justice of India and two senior most judges of the Supreme Court.
• Tenure for CEC:
  • The Bill envisages a fixed tenure of six years for the CEC and EC and three years from the date of appointment for the Regional Commissioners.
• Removal Procedure for CEC:
  • They should not be removed from office except in accordance with the procedure laid down for the removal of a SC Judge.
  • Also, after retirement, they should not be eligible for any reappointment to any office under the Government of India, State Governments and the Constitution.
• Procedure in Case of Non-Compliance:
  • If any registered political party fails to comply with the advisories, duration and instructions issued by the ECI with regard to their internal functions, the recognition of such political party as a State or National may be withdrawn including any other action as the Election Commission deems fit under section 16A of the Election Symbols (Reservation and Allotment) Order 1968.

What is the Structure of the ECI?

• Originally the commission had only one Election Commissioner but after the Election Commissioner Amendment Act 1989, it has been made a multi-member body.
• The commission consists of one CEC and two ECs.
• The President of India appoints CEC and ECs. They have a fixed tenure of 6 years, or up to the age of 65 years, whichever is earlier.
• They also enjoy the same status and receive salary and perks as available to Judges of the SC.

What are the Powers and Responsibilities of the ECI?

• Determining the Electoral Constituencies’ territorial areas throughout the country.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• The Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.
• It is also responsible for conducting bye-elections in any constituency whenever the need arises.
• It issues the Model Code of Conduct (MCC) in elections for political parties and candidates to avoid indulgence in unfair practice or arbitrary abuse of powers by those in power.

What are the Recent Issues Related to the Election Commission?

• Tenure of CEC: The SC has recently pointed out that “No Chief Election Commissioner has completed a six-year tenure since 2004”, and because of the truncated tenure, the CEC is unable to do anything substantial.
• Article 324 of the Indian Constitution talks about the appointment of ECs, however, it only envisages the enactment of a law to this effect and does not lay down any procedure for these appointments.
• Executive Influence in Appointment: The ECs are appointed by the current government and are therefore potentially obligated to the government or may feel that they are held to a specific level of loyalty.
• Dependence on Centre for Finance: Despite several provisions designed to make the ECI an independent body, the Union Government still controls its finances. The expenses of EC are not charged on the Consolidated Fund of India.
• Lack of Independent Staff: Because ECI does not have its own staff, it has to rely on staff from Central and State Governments whenever elections are held.
• Limited Power to Regulate Inner-Party Democracy: The ECI is limited to advising parties on internal elections and has no authority to enforce inner-party democracy or regulate party finances.

Way Forward

• Various committees like Justice Tarkunde Committee (1975), Dinesh Goswami committee (1990), Law Commission (2015) have recommended that Election Commissioners be appointed on the advice of a committee comprising the PM, the Lok Sabha Opposition Leader and the CJI.
• Equal Constitutional protection should be given to all members of the ECI in matters of removability from office. Bringing in a dedicated election management cadre and personnel system is need of the hour.

National Judicial Commission Bill, 2022

Why in News?

• National Judicial Commission Bill, 2022 was recently introduced in Rajya Sabha.

More about the news

• About:
  • NJAC, 2022 is a private member bill to regulate the appointment of judges through the National Judicial Commission was introduced in Rajya Sabha.
• Aim:
  • It aims to regulate the procedure to be followed by the National Judicial Commission for recommending people for appointment as the Chief Justice of India and other judges of the Supreme Court and Chief Justices and other judges of High Courts.
• Highlights of the bill:
  • Transfer of Judges: The bill, if approved, will also regulate the transfers of Judges and lay down judicial standards.
• Accountability of judges: It will provide for accountability of judges, and establish a credible and expedient mechanisms for investigating individual complaints for misbehaviour or incapacity of a judge of the apex court or of a high court and to regulate the procedure for such investigation.
• Removal of judges: It also proposes the presentation of an address by parliament to the president in relation to proceeding for the removal of a judge and for matters connected therewith or incidental thereto.

More about the National Judicial Commission (NJAC)

• Significance: 
  • The need for the National Judicial Appointment Commission was aroused because many jurists criticised the existing collegium system, stating that India is the only country where judges appoint themselves and have the power of determining their transfers. 
• Statute for NJAC:
  • The NJAC was proposed via the National Judicial Appointments Commission Bill, 2014. 
  • In order to have a more transparent system, the National Judicial Appointment Commission Act was enacted.
  • The commission was established by the 99th Constitutional Amendment Act, 2014. 
  • The Act proposed that the members of NJAC would be composed of members from the legislative, judicial, and civil society. 
• Apex Court’s action:
  • In a collective order, in 2015, the Supreme Court by a majority of 4:1 struck down the NJAC Act, of 2014.
  • The NJAC Act was termed unconstitutional citing it as having affected the independence of the judiciary. 

Issues with NJAC

• SC’s previous action:
  • The concept of NJAC has come under the consideration of the Supreme Court three times in 1993, 1998, and 2016. 
  • All three times, while giving importance to the independence of the judiciary, the Supreme Court dismissed the framework of the NJAC.
• Issue of political influence:
  • It is cited critics that the judiciary is the only independent institution left in the country. 
  • It is harmful to allow political influence over it. 
  • It is also stated that the collegium system is functioning smoothly. 
  • There is scope for improvement, but not for any political interference. The central government should in no manner be allowed to control the appointment of the judiciary.
• Culture of reciprocity:
  • The involvement of the legislature in the appointment of judges might lead to the creation of a culture of ‘reciprocity.’ 
  • Meaning that judges might have the feeling of having to pay back the political executive as a consideration for their appointment to the post of judge
• Constitutional impossibility:
  • The recent bill was opposed in the Rajya Sabha, calling it a “constitutional impossibility”.

Way ahead

• The matter is very critical and complex because, on the one hand, the judiciary should act independently, but on the other hand, the legislature and the executive cannot be completely excluded.
• The only reasonable solution is to frame NJAC Act in a manner in which the powers of legislature and executive are diluted but at the same time a guideline needs to be formed and the judicial appointment should be carried out in its accordance to ensure transparency and to give a methodical approach towards the appointment of judges. 

Pradhan Mantri Adi Adarsh Gram Yojana

Why in News?

• The Union Ministry of Tribal Affairs is now working to develop 36,428 villages with at least 50% tribal population and 500 Scheduled Tribes across the country into ‘model tribal’ villages.
• These efforts were part of the existing Special Central Assistance to Tribal Sub­Scheme (SCA to TSS), which has now been renamed to the Pradhan Mantri Adi Adarsh Gram Yojna (PMAAGY), for implementation from 2021­-22 to 2025­-26.

What is Pradhan Mantri Adi Adarsh Gram Yojana?

• About:
  • It supplements the efforts of State Governments for development and welfare of tribal people by extending Special Central Assistance as an additive to the State Tribal Sub-Plan (TSP).
  • It aims at mitigating gaps and providing basic infrastructure in villages with significant tribal population in convergence with funds available under different schemes in Central Scheduled Tribe Component.
  • The Scheme is a centrally sponsored scheme with 100% grant from government of India.
• Objectives:
  • Preparing Village Development Plan based on the needs, potential, and aspirations.
  • Maximizing the coverage of individual/family benefit schemes of the Central / State Governments.
  • Improving the infrastructure in vital sectors like health, education, connectivity and livelihood.
  • The scheme envisions to mitigate gaps in prominent 8 sectors of development:
• Road connectivity (Internal and Inter village /block)
  • Telecom connectivity (Mobile /internet)
  • School
  • Anganwadi Centres
  • Health Sub-Centre
  • Drinking water facility
  • Drainage
  • Solid waste management