Private Member’s Bill on Election Commission
Context: 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 is a Private Member’s Bill?
- Any Member of Parliament (MP) who is not a minister is referred to as a private member. A Private Member issues a Private Member’s Bill.
- The purpose of the private member’s bill is to draw the government’s attention to what individual MPs see as issues and gaps in the existing legal framework, which require legislative intervention.
- Thus, it reflects the stand of the opposition party on public matters.
- Its introduction in the House requires one month’s notice and can be introduced and discussed only on Fridays.
- Its rejection by the House has no implication on the parliamentary confidence in the government or its resignation.
- The last time a private member’s bill was passed by both Houses was in 1970.
- It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968.
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?
- Truncated 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.
Raising Minimum Marriageable Age for Muslim Women
Context:
- Recently, the Supreme Court asked the government to respond to a plea filed by the National Commission for Women (NCW) to raise the minimum age of marriage for Muslim women to be on par with persons belonging to other faiths.
What is the Legal Framework of Minimum Age for Marriage?
Background:
- In India, the minimum age of marriage was prescribed for the first time by the law known as the Sarda Act, 1929. It was later renamed as the Child Marriage Restraint Act (CMRA), 1929.
- In 1978, the CMRA was amended to raise the minimum age of marriage to 18 years for girls and 21 years for boys.
- This position remains the same even in the new law called the Prohibition of Child Marriages Act (PCMA), 2006, which replaced the CMRA ,1929.
Current:
- For Hindus, the Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
- In Islam, the marriage of a minor who has attained puberty is considered valid.
- The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men, respectively.
- For the new age of marriage to be implemented, these laws are expected to be amended.
- In 2021, the Union Cabinet proposed to raise the legal age of marriage for women from 18 to 21 years.
What are the Issues with Underage Marriages of Women?
- Human Rights Violation: Child marriage violates girls’ human rights and makes them almost invisible to policy.
- Some of the basic rights that they get devoid of, include the Right to Education, Right to Rest and Leisure, Right to Protection from Mental or Physical Abuse including Rape and Sexual Exploitation.
- Disempowerment of Women: Since child brides are not able to complete their education, they remain dependent and underpowered which acts as a big hurdle towards achieving gender equality.
- Associated Health Issues: The costs of child marriage include teenage pregnancy and child stunting, population growth, poor learning outcomes for children and the loss of women’s participation in the workforce.
- The low domestic status of teenage wives typically condemns them to long hours of domestic labour, poor nutrition and anaemia, social isolation, domestic violence and lesser decision-making powers within the home.
- Poor education, malnutrition, and early pregnancy also lead to low birth weight of babies, perpetuating the intergenerational cycle of malnutrition.
Conclusion
- The current laws on marriage are age-centric and make no exception for children of any particular religion and the classification merely on the basis of ‘puberty’ has no scientific backing nor any reasonable nexus with the capacity to get married.
- A person who has attained puberty may be biologically capable of reproduction, however, the same does not imply that the said person is mentally or physiologically mature enough to engage in sexual acts and consequently, to bear children.
Fertiliser Subsidy
Context: High government subsidies are leading to excessive use of two fertilisers - Urea and Di-Ammonium Phosphate (DAP).
What is Fertiliser Subsidy?
- About Fertiliser:
- A fertiliser is a natural or artificial substance containing chemical elements (such as Nitrogen (N), Phosphorus (P) and Potassium (K)) that improve growth and productiveness of plants.
- There are 3 basic fertilisers in India - Urea, DAP and Muriate of Potash (MOP).
- About Fertiliser Subsidy:
- The government pays a subsidy to fertiliser producers to allow farmers to buy fertilisers at below-market rates.
- The difference between the cost of production/import of a fertiliser and the actual amount paid by farmers is the subsidy portion borne by the government.
- Subsidy on Urea:
- In India, urea is the most produced, imported, consumed and physically regulated fertiliser of all. It is subsidised only for agricultural uses.
- The Centre pays a subsidy on urea to fertiliser manufacturers on the basis of cost of production at each plant and the units are required to sell the fertiliser at the government-set Maximum Retail Price (MRP).
- The MRP of urea is currently fixed at Rs 5,628 per tonne.
- Subsidy on Non-Urea Fertilisers:
- The MRPs of non-urea fertilisers are decontrolled or fixed by the companies.
- But the government has, in recent times, and especially with the global price surge post the Russia-Ukraine war, brought these fertilisers under the control regime.
- All Non-Urea based fertilisers are regulated under Nutrient Based Subsidy (NBS) Scheme.
- Examples of non-urea fertilisers - DAP and MOP.
- Companies do not sell DAP at more than Rs 27,000 per tonne.
What are the Related Initiatives for Fertilisers?
Neem Coating of Urea:
- The Department of Fertilizers (DoF) has made it mandatory for all the domestic producers to produce 100% urea as Neem Coated Urea (NCU).
New Urea Policy (NUP) 2015:
- Objectives of the policy are-
- To maximize indigenous urea production.
- To promote energy efficiency in the urea units.
- To rationalize the subsidy burden on the Government of India.
Policy on Promotion of City Compost:
- Approved a policy on promotion of City Compost, notified by the Department of Fertilisers (DoF) in 2016 granting Market Development Assistance of Rs. 1500/- for scaling up production and consumption of city compost.
- To increase sales volumes, compost manufacturers willing to market city compost were allowed to sell city compost in bulk directly to farmers.
- Fertilizer companies marketing city compost are covered under the Direct Benefit Transfer (DBT) for Fertilizers.
Use of Space Technology in Fertilizer Sector:
- DoF commissioned a three-year Pilot Study on “Resource Mapping of Rock Phosphate using Reflectance Spectroscopy and Earth Observations Data” by National Remote Sensing Centre under ISRO, in collaboration with Geological Survey of India (GSI) and the Atomic Mineral Directorate (AMD).
What are the Issues Related to Fertiliser Subsidy?
Imbalance in Price of Fertilisers:
- The high subsidy on urea and DAP makes them much cheaper for farmers relative to other fertilisers.
- While urea is retailing at a fourth of the price of packed common salt, DAP has also become far cheaper than other fertilizers.
- The prices of the other fertilizers which were decontrolled have gone up which has led the farmers to use more urea and DAP than before.
Nutrient Imbalance:
- The use of N, P and K in the country has over the last few years sharply deviated from the ideal NPK use ratio of 4:2:1.
- Urea and DAP contain more than 30% of any single nutrient.
- Urea has 46% N, while DAP has 46% P and also 18% N.
- The resulting nutrient imbalance owing to their use, disproportionate to other, more expensive fertilisers, could have implications for soil health, ultimately affecting crop yields.
Damage to Fiscal Health:
- Fertiliser subsidies are damaging the fiscal health of the economy.
- Subsidized urea is getting diverted to bulk buyers/traders or even non-agricultural users such as plywood and animal feed makers.
- It is being smuggled to neighbouring countries like Bangladesh and Nepal.
Way Forward
- Considering that all three nutrients namely N (nitrogen), P (phosphorus) and K (potassium) are critical to increasing crop yields and quality of produce, the government must necessarily go for a uniform policy for all fertilisers.
- In the long run, NBS itself should be replaced by a flat per-acre cash subsidy that could be used to purchase any fertiliser.
- This subsidy must include value-added and customised products containing not just other nutrients but delivering even nitrogen more efficiently than urea.
NMCG & Namami Gange Programme
Context: Recently, the Union Minister for Jal Shakti chaired the 10th meeting of the Empowered Task Force (ETF) of National Mission for Clean Ganga (NMCG).
- As part of its flagship Namami Gange programme, the Union government has shifted its focus from improving sanitation to conservation, tourism, and economic development of the Ganga river.
What are the Recent Developments in Ganga Rejuvenation?
- Ministry of Tourism working on a comprehensive plan for development of tourism circuits along Ganga in line with Arth Ganga.
- ‘Arth Ganga’ implies a sustainable development model with a focus on economic activities related to Ganga.
- Exhibitions & Fairs across 75 towns along Ganga River planned as part of Azadi ka Amrit Mahotsav.
- Ministry of Agriculture & Farmers’ Welfare (MoA&FW) undertaking various steps to build organic farming and natural farming corridors along River Ganga
- Eco-agriculture being promoted besides efforts to improve water-use efficiency in Ganga villages by MoA&FW.
- Ministry of Housing and Urban Affairs focusing on mapping of urban drains and management of solid and liquid waste in Ganga towns under SBM 2.0 and AMRUT 2.0
- The Ministry of Environment, Forests and Climate Change mulling scaling up of afforestation activities in the Ganga belt and a detailed plan to take ‘Project Dolphin’ forward is also underway.
What is NMCG?
- About:
- It is being implemented by the National Council for Rejuvenation, Protection and Management of River Ganga also known as the National Ganga Council.
- This mission was established on 12th August 2011 under the Societies Registration Act,1860 as a registered society.
Objectives:
- The mission incorporates rehabilitating and boosting the existing STPs (Sewage Treatment Plants) and instant short-term steps to curb pollution at exit points on the riverfront in order to check the inflow of sewage.
- To maintain the continuity of the water flow without changing the natural season variations.
- To restore and maintain the surface flow and groundwater.
- To regenerate and maintain the natural vegetation of the area.
- To conserve and regenerate the aquatic biodiversity as well as the riparian biodiversity of the river Ganga basin.
- To allow participation of the public in the process of protection, rejuvenation and management of the river.
What is Namami Gange Programme?
About:
- Namami Gange Programme is an Integrated Conservation Mission, approved as a ‘Flagship Programme’ by the Union Government in June 2014 to accomplish the twin objectives of effective abatement of pollution and conservation and rejuvenation of National River Ganga.
- It is being operated under the Department of Water Resources, River Development and Ganga Rejuvenation, Ministry of Jal Shakti.
- The program is being implemented by the NMCG and its state counterpart organizations i.e State Program Management Groups (SPMGs).
- In phase 2 of Namami Gange Programme (2021-26), the states will focus on expeditious completion of projects and preparation of bankable Detailed Project Report (DPR) for projects in Ganga tributary towns, cutting down delays.
- Focus is also being given to the revival of small rivers and wetlands.
- For future, each Ganga district is to develop scientific plan and health card for at least 10 wetlands and adopt policies for reuse of treated water and other by products.
Main Pillars:
- Sewage Treatment Infrastructure
- River-Front Development
- River-Surface Cleaning
- Biodiversity
- Afforestation
- Public Awareness
- Industrial Effluent Monitoring
- Ganga Gram
What are the Other Related Initiatives?
- Ganga Action Plan: It was the first River Action Plan that was taken up by the Ministry of Environment, Forest and Climate Change in 1985, to improve the water quality by the interception, diversion, and treatment of domestic sewage.
- The National River Conservation Plan is an extension to the Ganga Action Plan. It aims at cleaning the Ganga river under Ganga Action Plan phase-2.
- National River Ganga Basin Authority (NRGBA): It was formed by the Government of India in the year 2009 under Section-3 of the Environment Protection Act, 1986.
- It declared the Ganga as the ‘National River’ of India.
- Clean Ganga Fund: In 2014, it was formed for cleaning up of the Ganga, setting up of waste treatment plants, and conservation of biotic diversity of the river.
- Bhuvan-Ganga Web App: It ensures involvement of the public in monitoring of pollution entering into the river Ganga.
- Ban on Waste Disposal: In 2017, the National Green Tribunal banned the disposal of any waste in the Ganga.
Western Disturbances
Context: Recently, the daytime’s temperatures in Delhi were above normal in December 2022 because of fewer Western Disturbances (WD).
- In winter, WD brings rain and snow over the hills, and more moisture to the plains. The cloud cover results in higher minimum temperatures at night and lower day-time or maximum temperatures.
What are Western Disturbances?
About:
- Western disturbances are storms that originate in the Caspian or Mediterranean Sea, and bring non-monsoonal rainfall to northwest India, according to the India Meteorological Department (IMD).
- A Western Disturbance, labelled as an extra-tropical storm originating in the Mediterranean, is an area of low pressure that brings sudden showers, snow and fog in northwest India.
- The disturbance travels from the “western” to the eastern direction.
- These travel eastwards on high-altitude westerly jet streams - massive ribbons of fast winds traversing the earth from west to east.
- They gradually travel across the middle-east from Iran, Afghanistan and Pakistan to enter the Indian sub-continent.
- Disturbance means an area of “disturbed” or reduced air pressure.
- Equilibrium exists in nature due to which the air in a region tries to normalise its pressure.
Impact in India:
- A WD is associated with rainfall, snowfall and fog in northern India. It arrives with rain and snow in Pakistan and northern India.
- The moisture which WDs carry with them comes from the Mediterranean Sea and/or from the Atlantic Ocean.
- WD brings winter and pre-monsoon rain and is important for the development of the Rabi crop in the Northern subcontinent.
- The WDs are not always the harbingers of good weather. Sometimes WDs can cause extreme weather events like floods, flash floods, landslides, dust storms, hail storms and cold waves killing people, destroying infrastructure and impacting livelihoods.
- During the summer months of April and May, they move across North India and at times help in the activation of monsoon in certain parts of northwest India.
- During the monsoon season, western disturbances may occasionally cause dense clouding and heavy precipitation.
- Weak western disturbances are associated with crop failure and water problems across north India.
- Strong western disturbances can help residents, farmers and governments avoid many of the problems associated with water scarcity.
What have been the Recent Instances/Impact of WD?
- Excess rainfall was recorded in January and February 2022. In contrast, there was no rainfall in November 2021 and March 2022, and the summer saw an unusually early start with heat waves setting in at the end of March 2022.
- Multiple western disturbances that brought cloud cover had also kept the maximum temperature low in February 2022, when the lowest maximum temperature in 19 years was recorded.
- Active western disturbances eluded northwest India in March 2022, and absence of cloud cover and rain allowed temperatures to remain high.
- The frequency of western disturbances has increased, but not the precipitation associated with them, partly due to a warming atmosphere (Global Warming).
- In 2021, western disturbances brought rain to Delhi in the first week of December.
- Delhi is, however, likely to get colder with the maximum temperature likely to fall to around 24 degrees by December 15, 2022.
Indian and Chinese Troops Clash in Arunachal Pradesh
Context: Recently, India and China troops clashed along the Yangste river in Tawang sector in Arunachal Pradesh.
- This was the first such incident involving the Indian soldiers and Chinese PLA troops since the Galwan Valley incident in 2020.
- Both sides patrol areas up to their claim lines and this has been a trend since 2006.
What is the Background?
- According to the India Army, there are certain areas along the Line of Actual Control (LAC) in the Tawang Sector that are areas of differing perception.
- The LAC is divided into western (Ladakh), middle (Himachal Pradesh and Uttarakhand), Sikkim, and eastern (Arunachal Pradesh) sectors.
- The incident came days after China expressed objection to Operation Yudhabhyas, an India-US joint military exercise at Auli in the Uttarakhand hills, claiming it was a violation of 1993 and 1996 border agreements.
What is the Importance of Arunachal Pradesh from an Indian/Chinese Perspective?
Strategic Significance:
- Arunachal Pradesh, known as the Northeast Frontier Agency (NEFA) until 1972, is the largest state in the northeast and shares international borders with Tibet to the north and northwest, Bhutan towards the west and Myanmar to the east.
- The state is like a protective shield to the northeast.
- However, China claims Arunachal Pradesh as a part of southern Tibet.
- And while China may lay claim to the entire state, its main interest lies in the district of Tawang, which is in the north-western region of Arunachal and borders Bhutan and Tibet.
Bhutan Factor:
- Taking control of Arunachal would mean that Bhutan would have Chinese neighbours on both its western and eastern borders if Beijing gained control.
- On the western side of Bhutan, China has already begun building motorable roads linking strategic points.
Waterpower:
- Since, China has control over India's water supply to the northeastern region. It has constructed several dams and can use water as a geo-strategic weapon against India by causing flooding or drought in the region.
- The Tsangpo river, which originates in Tibet, flows into India and is called Siang in Arunachal Pradesh before it becomes the Brahmaputra.
- In 2000, a dam breach in Tibet caused floods that wreaked havoc in northeast India claiming 30 lives and leaving more than 100 missing.
Why is China Interested in the Tawang Sector?
Strategic Importance:
- China's interest in Tawang could be for tactical reasons as it provides a strategic entry into India's northeastern region.
- Tawang is a critical point in the corridor between Tibet and Brahmaputra Valley.
Tawang Monastery:
- Tawang, which also borders Bhutan, hosts the Galden Namgey Lhatse, the world's second-largest monastery of Tibetan Buddhism, the largest being the Potala Palace in Lhasa.
- The monastery was founded by Merag Lodroe Gyamtso in the year 1680-81 to honour the wishes of the fifth Dalai Lama.
- China claims that the monastery is evidence that the district once belonged to Tibet. They cite historical ties between the Tawang monastery and the Lhasa monastery in Tibet to support their claim over Arunachal.
Cultural Connections and China’s Anxieties:
- Tawang is an important center of Tibetan Buddhism and there are some tribes in the upper Arunachal region which have cultural connections to the people of Tibet.
- The Monpa tribal population practices Tibetan Buddhism and are also found in some areas of Tibet.
- According to some experts, China fears that the presence of these ethnic groups in Arunachal could at some stage give rise to a pro-democracy Tibetan movement against Beijing.
Political Significance:
- When the Dalai Lama escaped Tibet in 1959 amid China crackdown, he entered India through Tawang and stayed in the Tawang monastery for some time.
Way Forward
- India needs to be vigilant enough for any new development in China near its border to protect its interests efficiently.
- Further, it needs to build robust Infrastructure in difficult border areas in its territory to ensure movement of personnel and other logistical supplies in an efficient manner.
- Border troops should continue their dialogue, quickly disengage, maintain proper distance and ease tensions.
- The two sides should abide by all the existing agreements and protocols on China-India boundary affairs and avoid any action that could escalate matters.