Polity & Governance: January 2022 Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

1. Lok Adalat

Lok Adalat has emerged as the most efficacious tool of Alternative Dispute Resolution.

• A total number of 1,27,87,329 cases were disposed of in 2021. Due to technological advancement like E-Lok Adalats, Lok Adalats have reached the doorsteps of parties. 

Key Points 

About

• The term ‘Lok Adalat’ means ‘People’s Court’ and is based on Gandhian principles. 
• As per the Supreme Court, it is an old form of adjudicating system prevalent in ancient India and its validity has not been taken away even in the modern days too. 
• It is one of the components of the Alternative Dispute Resolution (ADR) system and delivers informal, cheap and expeditious justice to the common people. 
• The first Lok Adalat camp was organized in Gujarat in 1982 as a voluntary and conciliatory agency without any statutory backing for its decisions. 
• In view of its growing popularity over time, it was given statutory status under the Legal Services Authorities Act, 1987. The Act makes the provisions relating to the organization and functioning of the Lok Adalats.

Organization

• The State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services Committee may organize Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit. 
• Every Lok Adalat organized for an area shall consist of such number of serving or retired judicial officers and other persons of the area as may be specified by the agency organizing.
• Generally, a Lok Adalat consists of a judicial officer as the chairman and a lawyer (advocate) and a social worker as members. 
• National Legal Services Authority (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
• NALSA was constituted under the Legal Services Authorities Act, 1987 which came into force on 9th November 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society. 
• The Legal Services Authorities Act, 1987 was amended in 2002 to provide for the establishment of the Permanent Lok Adalats to deal with cases pertaining to the public utility services.

Jurisdiction

• A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:
• Any case pending before any court, or 
• Any matter which falls within the jurisdiction of any court and is not brought before such court. 
• Any case pending before the court can be referred to the Lok Adalat for settlement if: Parties agree to settle the dispute in the Lok Adalat or one of the parties applies for referral of the case to the Lok Adalat or court is satisfied that the matter can be solved by a Lok Adalat.  
• In the case of a pre-litigation dispute, the matter can be referred to the Lok Adalat on receipt of an application from any one of the parties to the dispute. 
• Matters such as matrimonial/family disputes, criminal (compoundable offenses) cases, land acquisition cases, labor disputes, workmen’s compensation cases, bank recovery cases, etc. are being taken up in Lok Adalats. 
• However, the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offense not compoundable under any law. In other words, the offenses which are non-compoundable under any law fall outside the purview of the Lok Adalat. 

Powers 

• The Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908). 
• Further, a Lok Adalat shall have the requisite powers to specify its own procedure for the determination of any dispute coming before it. 
• All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of the Indian Penal Code (1860) and every Lok Adalat shall be deemed to be a Civil Court for the purpose of the Code of Criminal Procedure (1973). 
• An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any other court. 
• Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal shall lie to any court against the award of the Lok Adalat.

Benefits

• There is no court fee and if court fee is already paid the amount will be refunded if the dispute is settled at Lok Adalat. 
• There is procedural flexibility and speedy trial of the disputes. There is no strict application of procedural laws while assessing the claim by Lok Adalat. 
• The parties to the dispute can directly interact with the judge through their counsel which is not possible in regular courts of law. 
• The award by the Lok Adalat is binding on the parties and it has the status of a decree of a civil court and it is non-appealable, which does not cause the delay in the settlement of disputes finally.

2. Right to Privacy

Recently, a Judge of the Madras High Court has said that a recent order passed by another judge of the same court, mandating the installation of CCTV cameras inside spas [massage and therapy centres], appears to run counter to the Supreme Court’s landmark judgement in K.S. Puttaswamy case (2017). In this case, the Supreme Court declared that the right to life and personal liberty guaranteed in Article 21 also implicitly includes a right to privacy.

Key Points

About:

• Underlying Values: This right to privacy is seen as possessing: Inherent value: It is important for every person’s basic dignity. Instrumental value: It furthers a person’s ability to live life free of interference. 
• Forms of Right to Privacy: The privacy as guaranteed in Article 21 takes several different forms. It includes: A right to bodily autonomy, A right to informational privacy, A right to a privacy of choice. 
• Right to Relax: Suspicion that immoral activities are taking place in spas cannot be a reason enough to intrude into an individual’s right to relax, for it intrinsically is part and parcel of his fundamental right to privacy. Thus, the installation of CCTV equipment inside premises such as a spa would unquestionably go against a person’s bodily autonomy These are inviolable spaces where the prying eye of the State cannot be allowed to enter. 
• Doctrine of Separation of Powers: The reach of the fundamental rights cannot be curtailed by any judicial measure. It held that, though no right can be absolute, restrictions can be put in place only by the legislature or the executive. Apart from it, the Supreme Court alone can do so in exercise of its power under Article 142 Right to Privacy.
• Generally understood that privacy is synonymous with the right to be let alone. 
• The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017. 
• The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. 
• The Puttaswamy judgement holds that the right to privacy is protected as a fundamental constitutional right under Articles 14, 19 and 21 of the Constitution of India.
• Restrictions (as stated in the Judgement): The right may be restricted only by state action that passes each of the three tests: 
  • First, such state action must have a legislative mandate; 
  • Second, it must be pursuing a legitimate state purpose; and 
  • Third, it must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends. 
• Step taken by Government: Acknowledging the importance of privacy, the Government has presented the personal Data Protection Bill 2019 in the Parliament.

3. Unemployment in India

According to data from the Centre for Monitoring Indian Economy (CMIE), India’s unemployment rate touched a four-month high of 7.9% in December 2021. With Covid-19 cases on the rise amid the threat posed by the Omicron variant and many states imposing fresh curbs, economic activity and consumption levels have been affected.

This could adversely affect economic recovery further going ahead.

Key Points

About Unemployment

• Unemployment occurs when a person who is actively searching for employment is unable to find work. Unemployment is often used as a measure of the health of the economy. 
• The most frequent measure of unemployment is the unemployment rate, which is the number of unemployed people divided by the number of people in the labour force. 
• National Sample Survey Organisation (NSSO) defines employment and unemployment on the following activity statuses of an individual: Working (engaged in an economic activity) i.e. ‘Employed’. Seeking or available for work i.e. ‘Unemployed’. Neither seeking nor available for work. The first two constitute the labour force and unemployment rate is the percent of the labour force that is without work.
  Unemployment rate = (Unemployed Workers/ Total labour force) × 100 Types of Unemployment in India: 
• Disguised Unemployment: It is a phenomenon wherein more people are employed than actually needed. It is primarily traced in the agricultural and the unorganised sectors of India. 
• Seasonal Unemployment: It is an unemployment that occurs during certain seasons of the year.  Agricultural labourers in India rarely have work throughout the year. 
• Structural Unemployment: It is a category of unemployment arising from the mismatch between the jobs available in the market and the skills of the available workers in the market. Many people in India do not get jobs due to lack of requisite skills and due to poor education level, it becomes difficult to train them.
• Cyclical Unemployment: It is a result of the business cycle, where unemployment rises during recessions and declines with economic growth. Cyclical unemployment figures in India are negligible. It is a phenomenon that is mostly found in capitalist economies. 
• Technological Unemployment: It is the loss of jobs due to changes in technology. In 2016, World Bank data predicted that the proportion of jobs threatened by automation in India is 69% year-on-year. 
• Frictional Unemployment: The Frictional Unemployment also called as Search Unemployment, refers to the time lag between the jobs when an individual is searching for a new job or is switching between the jobs. In other words, an employee requires time for searching a new job or shifting from the existing to a new job, this inevitable time delay causes frictional unemployment. It is often considered as voluntary unemployment because it is not caused due to the shortage of job, but in fact, the workers themselves quit their jobs in search of better opportunities.
• Vulnerable Employment: This means, people working informally, without proper job contracts and thus sans any legal protection. These persons are deemed ‘unemployed’ since records of their work are never maintained. It is one of the main types of unemployment in India. 

Causes of Unemployment in India

• Social Factors: In India the caste system is prevalent. The work is prohibited for specific castes in some areas. In big joint families having big business, many such persons will be available who do not do any work and depend on the joint income of the family. 
• Rapid Growth of Population: Constant increase in population has been a big problem in India. It is one of the main causes of unemployment. 
• Dominance of Agriculture: Still in India nearly half of the workforce is dependent on Agriculture. However, Agriculture is underdeveloped in India. Also, it provides seasonal employment. 
• Fall of Cottage and Small industries: The industrial development had adverse effects on cottage and small industries. The production of cottage industries began to fall and many artisans became unemployed. 
• Immobility of Labour: Mobility of labour in India is low. Due to attachment to the family, people do not go to far off areas for jobs. Factors like language, religion, and climate are also responsible for low mobility. 
• Defects in Education System: Jobs in the capitalist world have become highly specialised but India’s education system does not provide the right training and specialisation needed for these jobs. Thus many people who are willing to work become unemployed due to lack of skills. 
• Recent Initiatives by Government Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) 
• PM-DAKSH (Pradhan Mantri Dakshta Aur Kushalta Sampann Hitgrahi) 
• Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 
• Pradhan Mantri Kaushal Vikas Yojana (PMKVY) 
• Start Up India Scheme

4. Increased Election Expenditure Limit

Recently, the expenditure limit for candidates for Lok Sabha constituencies was increased from Rs 54 lakh Rs 70 lakh (depending on states) to Rs 70 lakh-Rs 95 lakh, by the Election Commission of India (ECI).

Further, the spending limit for Assembly constituencies was hiked from Rs 20 lakh-Rs 28 lakh to Rs 28 lakh- Rs 40 lakh (depending on states). In 2020, the ECI had formed a committee in 2020 to study the election spending limit. 

Key Points About 

• The enhanced amount of Rs 40 lakh would apply in Uttar Pradesh, Uttarakhand and Punjab and ₹28 lakh in Goa and Manipur. 
• Apart from a 10% increase in 2020 due to the Covid-19 pandemic, the last major revision in spending limits for candidates was carried out in 2014. 
• The committee found that there has been an increase in the number of electors and Cost Inflation Index since 2014 substantially. Cost Inflation Index It is used to estimate the increase in the prices of goods and assets year-by-year due to inflation. It is calculated to match the prices to the inflation rate. 
• In simple words, an increase in the inflation rate over time will lead to a rise in the prices. Cost Inflation Index = 75% of the average rise in the Consumer Price Index (urban) for the immediately preceding year. Consumer Price Index compares the current price of a basket of goods and services (which represent the economy) with the cost of the same basket of goods and services in the previous year to calculate the increase in prices. The Central Government specifies CII by notifying in the official gazette. 
• Election Expenditure Limit: It is the amount an election candidate can legally spend for their election campaign and has to account for, which includes expenses on public meetings, rallies, advertisements, posters, banners, vehicles and advertisements. 
• Under Section 77 of the Representation of the People Act (RPA), 1951, every candidate shall keep a separate and correct account of all expenditure incurred between the date on which they have been nominated and the date of declaration of the result. 
• All candidates are required to submit their expenditure statement to the ECI within 30 days of the completion of the elections. 
• An incorrect account or expenditure beyond the cap can lead to disqualification of the candidate by the ECI for up to three years, under Section 10A of RPA, 1951. 
• The limit prescribed by the ECI is meant for legitimate expenditure because a lot of money in elections is spent for illegitimate purposes. 
• It has often been argued that these limits are unrealistic as the actual expenditure incurred by the candidate is much higher. 
• In December 2019, a private member’s bill was introduced in the Parliament which intended to do away with the cap on election spending by candidates. 
• The move was taken on the grounds that the ceiling on election expenses ends up being counterproductive by encouraging candidates to under-report their expenditure. 
• There is no cap on a political party’s expenditure, which is often exploited by candidates of the party. However, all registered political parties have to submit a statement of their election expenditure to the ECI within 90 days of the completion of the elections. 
• Recommendations on State Funding Indrajit Gupta Committee (1998): It suggested that state funding would ensure a level playing field for poorer political parties and argued that such a move would be in public interest. 
• It also recommended that state funds should only be given to recognised national and State parties and funding should be given in the form of free facilities provided to these parties and their candidates. 
• Law Commission Report (1999): It stated that a state funding of elections is ‘desirable’ provided that political parties are prohibited from taking funds from other sources. 
• National Commission to Review the Working of the Constitution (2000): It did not support the idea but mentioned that an appropriate framework for the regulation of political parties needs to be implemented before state funding is considered.

5. Protection of Women from Sexual Harassment (POSH) Act, 2013

Recently, a petition has been filed in the Supreme Court challenging guidelines issued by the Bombay High Court in cases under the Protection of Women from Sexual Harassment (POSH) Act, 2013.

The provision that challenged pertains to blanket bar on parties and advocates from sharing records, including orders and judgments, with the media. The guidelines were formed by Justice G.S. Patel of the Bombay High Court ostensibly to protect the identities of the parties in a case under the POSH Act. 

Key Points 

• Against Spirit of Article 19: The petitioner argued that a blanket bar is against the freedom of speech and expression enshrined under Article 19. The petition said a well-informed citizenry governs itself better. Right to free speech can be curbed only if it interferes with the administration of justice. Any injunction on the right of the people to know true and accurate facts is an encroachment on their right to information. 
• Suppression of Women’s Voices: It can serve as a tool for powerful men to continue sexually harassing women and thereafter suppressing their voices on social media and in the news media. In matters of social justice and women empowerment, public discourse plays a crucial role in shaping the nature of legal entitlements that are delivered to women.  The order may have a “ripple effect” and deter survivors from approaching courts as well as setting a dangerous precedent for trial cases.
• Against Principle of Open Court: The legitimise undue protection to sexual offenders in gross violation of principles of open court and fundamental rights of survivors. An open court serves an educational purpose. The court becomes a platform for citizens to know how the practical application of the law impacts upon their rights. Protection of Women Against Sexual Harassment Act, 2013 Background: The Supreme Court in a landmark judgement in the Vishakha and others v State of Rajasthan 1997 case gave ‘Vishakha guidelines’. 
• These guidelines formed the basis for the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”). 
• Mechanism: The Act defines sexual harassment at the workplace and creates a mechanism for redressal of complaints. 
• Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. 
• The Complaints Committees have the powers of civil courts for gathering evidence. 
• The Complaints Committees are required to provide for conciliation before initiating an inquiry if requested by the complainant. 
• Penal Provisions: Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine. 
• Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business. 
• Responsibility of Administration: The State Government will notify the District Officer in every district, who will constitute a Local Complaints Committee (LCC) so as to enable women in the unorganised sector or small establishments to work in an environment free of sexual harassment. 

Note: SHe-Box The Ministry of Women & Child Development has launched Sexual Harassment electronic Box (SHe-Box). It is an effort to provide a single window access to every woman, irrespective of her work status, whether working in organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. 

Any woman facing sexual harassment at the workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.

6. Criminalising Marital Rape

Recently, a batch of petitions seeking criminalisation of marital rape, has been filled in the Delhi High Court.

• In response to it the Union government has replied that it is considering a “constructive approach” towards criminalising it and had sought suggestions from various stakeholders. 
• The petition seeks to amend the criminal law, which includes Section 375 (rape) of the Indian Penal Code (IPC).

Key Points

Background

• The grounds for “marital immunity” for rape prosecution have emerged from the patriarchal discourse in society. According to which, a husband cannot be guilty of a rape committed upon his lawful wife because she has given up herself in this kind to her husband by their mutual matrimonial consent and contract, which she cannot retract. 
• Under the impact of the second wave of feminism in the seventies, Australia became the first common law country to pass reforms in 1976 and after it, many Scandinavian and European countries made rape in marriage a criminal offence. 
• Legal Provision Regarding Marital Rape: Marital Rape Exception: Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, provided the wife is above 15 years of age, also known as the “marital rape exception”. Issues With Marital Rape Exception. 
• Against Basic Rights of Women: This exception clause violates the women’s fundamental right to equality, freedom of speech and expression, and most of all the right to life and personal liberty. It also denies the agency over their own bodies to women. 
• Dismal State of Judicial System: Some of the reasons for low rates of prosecution in the cases of marital rape in India include: Low reporting of crimes due to societal conditioning and low legal awareness. Inaccurate method of collection of National Crime Records Bureau (NCRB) data. Out of court settlements due to the lengthy process of justice/lack of admissible proof. 
• Justice J. S. Verma Committee Recommendation: The Justice J. S. Verma Committee, constituted in the aftermath of the horrific Nirbhaya gang rape in 2012. While some of its recommendations helped shape the Criminal Law (Amendment) Act, 2013, its most radical suggestions, including on marital rape, were swept under the carpet. 
• Government’s Stand: Distablisng Effect on Institution of Marriage: Uptil now, the government has said on multiple occasions that criminalising marital rape will threaten the institution of marriage and will also impinge the right to privacy.
• Misuse of Legal Provisions: There is a growing misuse of Section 498A (harassment caused to a married woman by her husband and in-laws) of IPC and the Protection of Women from Domestic Violence Act, 2005. Criminalising marital rape could become an easy tool for harassing husbands.

7. Assam-Meghalaya Border Dispute

Ahead of Meghalaya’s 50th Statehood Day celebration on 21st January, the Home Minister is expected to seal the final agreement to end the dispute in six areas of the Assam-Meghalaya boundary. 

Key Points

• About: Assam and Meghalaya share an 885-km-long border. As of now, there are 12 points of dispute along their borders. 
• The Assam-Meghalaya border dispute are the areas of Upper Tarabari, Gazang reserve forest, Hahim, Langpih, Borduar, Boklapara, Nongwah, Matamur, Khanapara-Pilangkata, Deshdemoreah Block I and Block II, Khanduli and Retacherra.

• Meghalaya was carved out of Assam under the Assam Reorganisation Act, 1971, a law that it challenged, leading to disputes. 
• Major Point of Contention: A major point of contention between Assam and Meghalaya is the district of Langpih in West Garo Hills bordering the Kamrup district of Assam. 
• Langpih was part of the Kamrup district during the British colonial period but post-Independence, it became part of the Garo Hills and Meghalaya. Assam considers it to be part of the Mikir Hills in Assam. Meghalaya has questioned Blocks I and II of the Mikir Hills -now Karbi Anglong region - being part of Assam. Meghalaya says these were parts of erstwhile United Khasi and Jaintia Hills districts. 
• Efforts to Resolve Disputes: Both Assam and Meghalaya have constituted border dispute settlement committees. 
• It has been decided to set up two regional committees to resolve the border disputes in a phased manner and five aspects will be considered while resolving the border dispute. They are historical facts, ethnicity, administrative convenience, mood and sentiments of the people concerned and the contiguity of the land. 
• Six sites are in consideration in the first phase. These are Tarabari, Gijang, Hahim, Baklapara, Khanapara-Pilingkata and Ratacherra. 
• These disputed areas are part of Cachar, Kamrup Metro and Kamrup Rural on Assam’s side and West Khasi Hills, Ri Bhoi district and East Jaintia Hills on Meghalaya’s side. 
• Assam and Border Issues: The states of the Northeast were largely carved out of Assam, which has border disputes with several states. 
• Assam’s border disputes with Arunachal Pradesh and Nagaland are pending in the Supreme Court. 
• Assam’s border disputes with Mizoram are currently in the phase of resolution through negotiations. 
• Other Border Disputes between Different States: Belagavi Border Dispute (between Karnataka and Maharashtra) Odisha’s Border Disputes.

8. Krishna Water Dispute

Recently, two judges of the Supreme Court have recused themselves from hearing a matter related to the distribution of Krishna water dispute between Andhra Pradesh, Telangana, Maharashtra and Karnataka.

• They cited the reason that they did not want to be the target of partiality since the dispute is related to their home states. Recusal of Judges 
• It is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. 
• When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that he carried a bias while deciding the case. 
• There are no formal rules governing recusals, although several SC judgments have dealt with the issue. 
• In Ranjit Thakur v Union of India (1987), the SC held that the test of the likelihood of bias is the reasonableness of the apprehension in the mind of the party. 
• The judge needs to look at the mind of the party before him, and decide that he is biassed or not. Key Points 

About

• In 2021 Andhra Pradesh alleged that the Telangana government had deprived it of its legitimate share of water for drinking and irrigation purposes in an “unconstitutional and illegal” manner. 
• The water of the Srisailam reservoir — which is the main storage for river water between the two states — has turned out to be a major warring point. 
• Andhra Pradesh protested against Telangana’s use of the Srisailam reservoir water for power generation. 
• The Srisailam reservoir is constructed across the Krishna River in Andhra Pradesh. It is located in the Nallamala hills.
• It further contended that Telangana was refusing to follow decisions taken in the apex council constituted under the Andhra Pradesh Reorganisation Act, 2014, directions of Krishna River Management Board (KRMB) constituted under this Act and directions of the Centre. 

Background

• Krishna Water Disputes Tribunal: In 1969, the Krishna Water Disputes Tribunal (KWDT) was set up under the Inter-State River Water Dispute Act, 1956, and presented its report in 1973. 
• At the same time, it was stipulated that the KWDT order may be reviewed or revised by a competent authority or tribunal any time after 31st May, 2000. 
• Second KWDT The second KWDT was instituted in 2004. It delivered its report in 2010, which made allocations of the Krishna water at 65 % dependability and for surplus flows as follows: 81 TMC for Maharashtra, 177 TMC for Karnataka, and 190 TMC for Andhra Pradesh. 

After the KWDT’s 2010 report 

• Andhra Pradesh challenged it through a Special Leave Petition before the Supreme Court in 2011. 
• In 2013, the KWDT issued a ‘further report’, which was again challenged by Andhra Pradesh in the Supreme Court in 2014. 
• Creation of Telangana: After the creation of Telangana, Andhra Pradesh has asked that Telangana be included as a separate party at the KWDT and that the allocation of Krishna waters be reworked among four states, instead of three. 
• It is relying on Section 89 of The Andhra Pradesh State Reorganisation Act, 2014. 
• For the purposes of this section, it is clarified that the project-specific awards already made by the Tribunal on or before the appointed day shall be binding on the successor States. 
• Constitutional Provisions: Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
• Under this, Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley. 
• The Parliament has enacted the two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956). 
• The River Boards Act provides for the establishment of river boards by the Central government for the regulation and development of inter-state river and river valleys. 
• The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. 
• Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act. Krishna River 
• Source: It originates near Mahabaleshwar (Satara) in Maharashtra. It is the second biggest river in peninsular India after the Godavari River. 
• Drainage: It runs from four states Maharashtra (303 km), North Karnataka (480 km) and the rest of its 1300 km journey in Telangana and Andhra Pradesh before it empties into the Bay of Bengal. 
• Tributaries: Tungabhadra, Mallaprabha, Koyna, Bhima, Ghataprabha, Yerla, Warna, Dindi, Musi and Dudhganga.

9. Suspension of MLAs

Recently, 12 MLAs from the Maharashtra legislative assembly have gone to the Supreme Court against their year-long suspension from the Assembly.

The Supreme Court has observed that the suspension for a full year is prima facie unconstitutional and created a constitutional void for these constituencies. 

Key Points 

• About the Suspension of MLAs: The MLAs were suspended for misbehaviour in the Assembly pertaining to disclosure of data regarding OBCs. 
• The challenge to suspension relies mainly on grounds of denial of the principles of natural justice, and of violation of laid-down procedure. The 12 MLAs have said they were not given an opportunity to present their case, and that the suspension violated their fundamental right to equality before the law under Article 14 of the Constitution. 
• Rule 53 of Maharashtra Assembly: It states that the “Speaker may direct any member who refuses to obey his decision, or whose conduct is, in his opinion, grossly disorderly, to withdraw immediately from the Assembly”. The member must “absent himself during the remainder of the day’s meeting”. Should any member be ordered to withdraw for a second time in the same session, the Speaker may direct the member to absent himself “for any period not longer than the remainder of the Session”. 
• Arguments by Maharashtra Assembly: Article 212: The House had acted within its legislative competence, under Article 212, and courts do not have jurisdiction to inquire into the proceedings of the legislature. Article 212 (1) states that “The validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”. 
• Article 194: The state has also referred to Article 194 on the powers and privileges of the House, and argued that any member who transgresses these privileges can be suspended through the inherent powers of the House. It has denied that the power to suspend a member can be exercised only through Rule 53 of the Assembly. 
• Arguments By the Supreme Court: Violation of Basic Structure of the Constitution The basic structure of the Constitution would be hit if the constituencies of the suspended MLAs remained unrepresented in the Assembly for a full year. 
• Constitutional Requirement: The bench referred to Article 190 (4) of the Constitution, which says, “If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.” 
• Statutory Requirement: Under Section 151 (A) of The Representation of the People Act, 1951, “a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy”. This means that barring exceptions specified under this section, no constituency can remain without a representative for more than six months. 
• Punishing Whole Constituency: The Supreme Court said that the one-year suspension was prima facie unconstitutional as it went beyond the six-month limit, and amounted to “not punishing the member but punishing the constituency as a whole”. 
• Question of Supreme Court Intervention: The Supreme Court is expected to rule on the question of whether the judiciary can intervene in the proceedings of the House. Constitutional experts, however, say that the court has clarified in previous rulings that the judiciary can intervene in case of an unconstitutional act done by the House. 
• Provisions for Suspension of a Member of Parliament Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha provide for the withdrawal of a member whose conduct is “grossly disorderly”, and suspension of one who abuses the rules of the House or willfully obstructs its business.
• The maximum suspension as per these Rules is “for five consecutive sittings or the remainder of the session, whichever is less”. The maximum suspension for Rajya Sabha under Rules 255 and 256 also does not exceed the remainder of the session. Similar Rules also are in place for state legislative assemblies and councils which prescribe a maximum suspension not exceeding the remainder of the session.

10. Challenges in India’s Rooftop Solar Program

According to the data available on the website of the Union Ministry of New and Renewable Energy (MNRE), India could install just 6GW of Rooftop Solar (RTS) power by the end of October 2021 under the rooftop solar scheme. Although utility-scale solar has seen tremendous progress with leading players lining up for projects, tariffs spiralling down and government agencies pushing mega projects, RTS has continued to remain neglected. 

Rooftop Solar Rooftop solar is a photovoltaic system that has its electricity-generating solar panels mounted on the rooftop of a residential or commercial building or structure. Rooftop mounted systems are small compared to ground-mounted photovoltaic power stations with capacities in the megawatt range. Rooftop PV systems on residential buildings typically feature a capacity of about 5 to 20 kilowatts (kW), while those mounted on commercial buildings often reach 100 kilowatts or more. 

Key Points 

• Rooftop Solar Scheme: The major objective of the scheme is to generate solar power through the installation of solar panels on the roof of the houses. 
• Also, the Ministry of New and Renewable Energy has announced the implementation of Phase 2 of the grid-connected Rooftop Solar Scheme.
•  The aim of the scheme is to achieve the final capacity of 40 GW from Rooftop Solar Projects by 2022. 
• The 40GW goal is part of India’s ambitious target to achieve 175GW renewable energy (RE) capacity that includes 100GW of solar power by 2022. According to a report released in September, 2021, the lockdowns slowed renewable energy installations in the country and the pace of such installations is lagging India’s 2022 target. 

Challenges

•  Flip-Flopping Policies: Although many companies began using solar energy, flip-flopping (sudden real or apparent change of policy) policies remained a major hurdle, especially when it came to power distribution companies (discoms). Industry executives point out RTS was becoming attractive for several consumer segments when discoms and state governments started tightening regulations for the sector. 
• India’s Goods and Service Tax (GST) Council recently hiked the GST of many components of the solar system from 5% to 12%.
•  It will increase RTS’s capital cost by 4-5%. 
• Regulatory Framework: The growth of the RTS segment is highly dependent on the regulatory framework. Slow growth has been primarily caused by the absence or withdrawal of state-level policy support for the RTS segment, especially for the business and industrial segment, which makes up the bulk of target consumers. 
• Inconsistent Rules on Net and Gross Metering: Net metering regulations are one of the major obstacles facing the sector. According to a report, Power ministry’s new rules that excludes rooftop solar systems above 10 kilowatts (kW) from net-metering would stall adoption of larger installations in India affecting the country’s rooftop solar target. 
• The new rules mandate net-metering for rooftop solar projects up to 10 kW and gross metering for systems with loads above 10 kW. 
• Net metering allows surplus power produced by RTS systems to be fed back into the grid. 
• Under the gross metering scheme, state power Distribution Companies (DISCOMS) compensate consumers with a fixed feedin-tariff for the solar power supplied to the grid by the consumer. 
• Low Financing: Commercial, institutions, and residential sectors are keen to install grid-connected RTS by getting bank loans. The Union Ministry of New and Renewable Energy (MNRE) has advised banks to give loans for RTS at subsidised rates. However, nationalised banks hardly offer loans to RTS. Thus, many private players have come into the market that offer loans for RTS at higher rates like 10-12%. 
• Schemes for Promoting Solar Energy Kisan Urja Suraksha evam Utthaan Mahabhiyan (PM-KUSUM): The scheme covers grid-connected Renewable Energy power plants (0.5 – 2 MW)/Solar water pumps/grid connected agriculture pumps. 
• Scheme for Development of Ultra Mega Renewable Energy Power Parks: It is a scheme to develop Ultra Mega Renewable Energy Power Parks (UMREPPs) under the existing Solar Park Scheme. 
• National Wind-Solar Hybrid Policy: The main objective of the National Wind-Solar Hybrid Policy, 2018 is to provide a framework for promotion of large grid connected windsolar PV hybrid systems for optimal and efficient utilisation of wind and solar resources, transmission infrastructure and land. 
• Atal Jyoti Yojana (AJAY): The AJAY scheme was launched in September 2016 for the installation of solar street lighting (SSL) systems in states with less than 50% households covered with grid power (as per Census 2011). 
• International Solar Alliance: The ISA, is an Indian initiative that was launched on the side-lines of the Conference of the Parties (COP-21), with 121 solar resource rich countries lying fully or partially between the tropic of Cancer and tropic of Capricorn as prospective members. 
• One Sun, One World, One Grid (OSOWOG): It focuses on a framework for facilitating global cooperation, building a global ecosystem of interconnected renewable energy resources (mainly solar energy) that can be seamlessly shared. 
• National Solar Mission: It is a part of the National Action Plan on Climate Change. Suryamitra Skill Development Programme: To provide skill training to rural youth in handling solar installations.