Polity And Constitution (Part - 1) - Current Affair, February 2018 - Current Affairs PDF Download

1.1. CAUVERY RIVER VERDICT

Why in news?

The SC increased Karnataka’s share of the Cauvery water than what was awarded by the Cauvery Water Disputes Tribunal in February 2007.

Background

• Owing to Tamil Nadu’s appeal in 1986 to constitute a tribunal for solving the issue under Inter-State Water Disputes Act, 1956, the Cauvery Waters Tribunal was established on June, 2, 1990.
• In 2007, after sixteen years of hearing and an interim order later, the Tribunal announced its final order.
• However, the current dispute started with SC’s order to Karnataka government to release 15,000 cusecs of water a day for 10 days, to Tamil Nadu. 

Constitutional and legislative provisions for interstate water disputes 

• Article 262(2) empowers Parliament with the power to by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
• The Interstate River Water Disputes Act, 1956 (IRWD Act) enacted under Article 262 of Constitution.
• Seventh Schedule
o Entry 17 of State List : Water that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to entry 56 of Union List
o Entry 56 of the Union List: Regulation and development of inter-State rivers and river valleys.

Significance of the judgment

• According to the SC the principle of equality among riparian States does not imply equal division of water; it suggests just and reasonable use and “drinking water requirement” must be placed on a higher pedestal.
• It sets down two principles that may have a ripple effect on other inter-state river water disputes

o Groundwater-A certain quantity of water was reduced from the quantum allocated to Tamil Nadu, because of availability of groundwater in the state. Other water tribunals, such as Narmada Water Dispute Tribunal and Krishna Water Dispute Tribunal, had not considered groundwater to be a factor while apportioning water.
o Warrantable flexibility- The city of Bengaluru had grown over the years thus, registering an everenhancing demand for all civic amenities. This is similar to the argument put forth by Karnataka in the ongoing Mahadayi Water Disputes Tribunal on the share of the river for addressing water scarcity in the Hubli-Dharwad region from the Malaprabha basin.

• It referred to the Helsinki Rules of 1966, which recognize equitable use of water by each basin State taking into consideration the geography and hydrology of the basin, the climate, past utilization of waters, economic and social needs, dependent population and availability of resources.
• It also refers to the Campione Rules in the context of the Cauvery dispute. These Rules hold that basin States would in their respective territories manage the waters of an international drainage basin in an equitable and reasonable manner.
• An inter-State river like Cauvery is a ‘national asset’, and no State can claim exclusive ownership of its waters or deprive other States of their equitable share.

Way forward

• Considering the fact that ground water situation is compounding the water stress in the states it is important to set up a National Water Commission by subsuming Central Groundwater Board and Central Water Commission as recommended by Mihir Shah panel.
• Institutional Model for inter-state water issues- The challenges of water-sharing in distress years remain because the country lacks institutional models for implementing inter-state river water awards. Thus, there is a need for a permanent mechanism to solve water disputes between states without seeking recourse to the judiciary.
• Furthering discussions over the Inter- State River Water Disputes (Amendment) Bill, 2017 may also help in streamlining the procedure for resolving such disputes.
• Following 4Rs-There is a need to practice the concept of the 4Rs (Reduce, Reuse, Recycle, Recover) for water management in line to achieve goal 6 (Ensure access to water and sanitation for all) of the SDGs.
• Following National Water Policy- Further the provisions given under the National Water Policy for rational use of water and conservation of water sources must be followed. Urban water management of cities like Bengaluru should incorporate conservation of wetlands that replenish ground water along with appropriate sewage treatment.
• Other measures- Water disputes need to be depoliticized and not be made into emotional issues linked with regional pride. Further, there is a need for scientific management of crop patterns by bringing out policy measures that promote water efficient crops and varieties.

1.2. TRIBAL SUB PLAN

Why in News?
Recently, the Public Accounts Committee submitted its report on ‘Tribal Sub-Plan’.  

Background

• A comprehensive policy for development of Scheduled Tribes was prepared by an expert committee set up in 1972, which suggested Tribal Sub Plans (TSP) for scheduled Tribes in 1976 (5th Five Year Plan).
• The earlier approach for development intervention for SCs and STs relied solely upon “incidental” benefits flowing to them from various interventions by the government. TSPs were introduced in order to ensure direct “policy-driven” benefits.
• Guidelines on formulation and implementation of TSP have been issued by planning commission from time to time to states/UTs a

About TSP 

• It forms a part of annual Plan of a State/UT and the funds provided under the TSP have to be in proportion to the ST population of each State/UT.
• The TSP funds are allocated from the consolidated fund of India under article 275(I) is a central sector scheme under which 100 per cent financial assistance is being provided to the states through the nodal Ministry of Tribal Affairs
• It aims to bridge the gap between the Schedule Tribes (STs) and the general population with respect to all socio-economic development indicators in a time-bound manner along with their protection against exploitation.
• It involves in a single programme of development the financial aspects, physical planning and administrative considerations of the government, semi-government and voluntary agencies.
• The benefits are in addition to what percolates from the overall Plan of a State/UT. It is not applicable to states where tribals represent more than 60% of the population.

• Objectives of the TSP  
o Human resource development by enhancing their access to education and health services,
o Enhanced quality of life by providing basic amenities in tribal areas/localities including housing;
o Substantial reduction in poverty and unemployment, creation of productive assets and income generating opportunities
o Enhanced capacity to avail opportunities, gain rights and entitlements and improved facilities at par with other areas, and
o Protection against exploitation and oppression.

Observations & Recommendations of the Report

• Financial Management- The segregation of funds into separate head of account, for their proper utilization and monitoring, has not been done.
o Thus, earmarking of funds into a separate head at every level should be made mandatory for release of funds along with a more proactive approach to keep track of monitoring, fund utilisation, and implementation of schemes.

• Non-lapsable pool for TSP fund - Presently, the funds at the end of the financial year were not being transferred into a non-lapsable pool that could be utilised later.
o To remedy this, the committee recommended creation of a non lapsable pool for TSP fund.

• Central nodal unit for overview- The guidelines detailing the process for an oversight had not been put out by the Ministry of Tribal Affairs.  Also, the funds were released to non-tribal populated states along with tribal majority states which is in violation of TSP guidelines.
o Thus, a central nodal unit should be created for oversight which will facilitate better co-ordination and efficient implementation of TSP through an online monitoring system.

• Involvement of local community in the planning process- A CAG audit report (2015) had highlighted that plans for schemes were being formulated without specific consideration of tribal beneficiaries as required under TSP.
o The inputs/ suggestions of local tribal community should be sought before finalising the plan for implementation of any programme under TSP.

Other Recommendations 
• All TSP ministries or departments should set up their own dedicated nodal units for effective monitoring of TSP at the implementation stage.
• Imposition of penalty upon erring officials and penalising the non compliant states or districts.
• There needs to be a real time information sharing system along with proper collection of data at the grass root level which would require the state and district level units to work in tandem with central unit.

1.3. HUMAN RESOURCE FOR GRAM PANCHAYATS

Why in News?
An expert committee headed by Sumit Bose submitted its report on “Performance Based Payments for Better Outcomes in Rural Development (RD) Programmes'.

Background

• The implementation of RD programmes can be significantly improved if human resources at the Gram Panchayat (GP), Intermediate Panchayat and District Panchayat level are organized in such a way as to become accountable to panchayats and available to support individual beneficiaries & SHGs.
• The functions performed by the GPs can broadly be classified into two categories- Core Functions (not linked to specific schemes) and Agency Functions (for the implementation and overseeing of the schemes & programmes for RD).
• After independence India followed community development approach for rural development where the central government played a key role in Human Resources (HR) structure, training, etc.
• With the introduction of new generation RD programmes scheme specific staff was provided for the delivery of the programmes at various levels. Due to this, GPs are performing more and more of agency roles which are expected to further increase.
• Further, the 14th Finance Commission has recommended the massive inclusion of untied grants to GPs which has substantially increased their role and responsibility but their supervision over HR is uneven across states.
• Thus, there is a need to strengthen the human resource available to GPs for organizational and programme efficiency because without strengthening the core capacity of the GP, its performance in carrying out agency function will not improve.

Concerns related to HR at GP level

• Non-accountability- Personnel at GP level are in most cases not accountable to the GP and the Gram Sabha (GS), although they deliver crucial services like education, health and livelihood generation at that level.
• Lack of Capabilities- Their capabilities are not built over a period of time to enable them to assume other responsibilities or multi-task.
• Lack of horizontal and vertical convergence of action at the GP level and vertical integration is not ensured because of different departments and schemes under which they are appointed with specific mandates.
 • Lack of oversight- There is poor oversight to check if the existing rules are being violated. Dependence on employees is high if elected functionaries in Panchayats, especially GPs, lack administrative experience. This can lead to exploitation of the situation by the staff or collusion between elected functionaries and officials.
• Variation across states- Wide variation across States in terms of engagement - qualification and mode of recruitment, duration, remuneration, travel allowances and other conditions for similar cadres. Also, there is no HR policy in majority of the States.
• Variation in Remuneration- There is no additional remuneration paid by other departments for additional work. This variation leads to migration of employees from one State to another; sometimes between one scheme to another. 

Recommendations of the Committee

Overall, according to the committee, the autonomy to take decisions within the framework of implementation while keeping in mind local priorities, bottom up flow of feedback and suggestions, room for innovation, incentivizing good performers, etc. all contributes towards improved performance by the grass root level staff. 
Further, programme efficiency can be augmented by convergence of resources and services, both horizontal and vertical. The specific recommendations made are

• In terms of Human Resources utilization
o There has to be a more systematic policy based approach to human resources with clear norms for staffing, recruitment, remuneration, career advancement and following competency based capacity building.
o GPs could converge with the human resources of different departments. For diversifying works under MGNREGS, the human resources of various line departments could be formally used.

• Information & Technology
o The existing Gram Rozgar Sewak (GRS) should be formally trained as Bare Foot Technicians to carry out essential engineering functions, including those related to water supply and sanitation.
o All employees should mandatorily possess knowledge of using computers for their work.
oOn the IT front, Panchayats be encouraged to use ICT like transaction based software, adopt double entry system of accounting; universalize the SECURE software, upgrade the PES to support transaction at the GP level, etc.

• Funding- MoRD, MoPR and MDWS would jointly ensure that the funds earmarked for administrative costs are untied from the schemes and freedom given to the States to spend them for HR related costs at the GP and IP level.

• Gram Panchayats and SHGs & NGO-
o Human resources of SHG network could be utilized by the GP in the form of activity groups trained to carry out particular tasks and in the form of trained Community Resource Persons (CRPs) from amongst the SHGs for performing specific functions and increasing participation during GSs.
o NGOs could support GPs - in the local planning process, identification of beneficiaries, conduct of surveys and studies, improving social accountability, community mobilization for paying taxes and fees, claims and legal matters under FRA and PESA, conflict resolution, forging alliances between the GP and other institutions. 

• District Rural Development Authorities may be merged with the DPs in States where this has not yet been done for smoother functioning.

• Other recommendations include avoiding the creation of new and small Panchayats, putting in place a functioning grievance redressal mechanism, better training of personnel, well established recruitment procedure, etc