Polity & Governance: April 2022 Current Affairs - UPSC PDF Download

1. Midday Meal Scheme

Why in News
Karnataka is set to provide eggs under the Midday Meal Scheme (MDMS) for school children. MDMS is amongst the largest initiatives in the world to enhance nutrition levels of school-going children through hot cooked meals.

• However, the inclusion of eggs has often been controversial.

What is the Mid Day Meal scheme ?

• About: It is the largest school feeding programme of its kind in the world, covering students enrolled in government schools from Classes 1 to 8. € The basic objective of this scheme is to enhance enrolment in schools.
• Nodal Ministry: Ministry of Education.
• Background: The programme was first introduced in 1925 for disadvantaged children in Madras Municipal Corporation.
  The union government launched as a centrally sponsored scheme on a pilot basis in 1995 for children in Classes 1 to 5. € By October 2007, MDMS had been scaled up to Class 8.
• Current Status: The current version of the programme, renamed PM Poshan Shakti Nirman or PM Poshan in 2021.
• Scale of Coverage: The scheme covers 11.80 crore children across Classes 1 to 8 (age group 6 to 14).
• Legal Entitlement: It is not just a scheme, but a legal entitlement of all school-going children in primary and upper primary classes, through the National Food Security Act (NFSA), 2013. This was also reaffirmed by the Supreme Court’s ruling in People’s Union of Civil Liberties vs Union of India and Others (2001).
• Federal Setup: Under the rules, the allocation of Rs 4.97 per child per day (primary classes) and Rs 7.45 (upper primary) are shared in 60:40 ratio with states and UTs with a legislature, and 90:10 with the Northeastern states, Jammu and Kashmir, Himachal Pradesh and Uttarakhand, while the Centre bears 100% of the costs in UTs without legislature.

What is the Issue Regarding Egg?

• In India, dietary choices are an intensely contested area in India due to caste rigidities, religious conservatism and regional differences.
• As a result, despite successive scientific studies, including those commissioned by state governments, showing the benefits of giving children eggs, many states have been reluctant about adding eggs to the school lunch menu.

What are Associated Issues and Challenges?

• Corrupt Practices: There have been instances of plain chapatis being served with salt, mixing of water in milk, food poisoning etc.
• Caste Bias and Discrimination: Food is central to the caste system, so in many schools, children are made to sit separately according to their caste status.
• Menace of Malnutrition: According to the National Family Health Survey-5, several states across the country have reversed course and recorded worsening levels of child malnutrition. India is home to about 30% of the world’s stunted children and nearly 50% of severely wasted children under the age of five.
• Global Nutrition Report-2021: According to the recently released Global Nutrition Report (GNR, 2021), India has made no progress on anaemia and childhood wasting Over half of Indian women in the age group 15-49 years are anaemic.
• Global Hunger Index (GHI) 2021: India has slipped to 101st position in the Global Hunger Index (GHI) 2021 of 116 countries, from its 2020 position of 94th. 

Read more on “Directive Principles Of State Policy”

2. Rashtriya Gram Swaraj Abhiyan

Why in News?
The Cabinet Committee on Economic Affairs has approved continuation of the revamped Centrally Sponsored Scheme of Rashtriya Gram Swaraj Abhiyan (RGSA) for implementation during the period from 1st April 2022 to 31st March 2026 .

• The scheme is now co-terminus with the 15th Finance Commission period.
• The scheme is aimed to develop governance capabilities of Panchayati Raj Institutions (PRIs). 

What is Rashtriya Gram Swaraj Abhiyan (RGSA)?

• Background: The scheme was first approved by the Cabinet in 2018 for implementation from 2018-19 to 2021-22.
• Implementing Agency: Ministry of Panchayati Raj.
• Components: The main Central Components were Incentivisation of Panchayats and Mission Mode Project on e-Panchayat including other activities at Central level. The State component primarily includes Capacity Building & Training (CB&T) activities, institutional mechanisms for CB&T along with other activities at a limited scale.
• Objectives: It envisaged developing governance capabilities of Panchayati Raj Institutions (PRIs) to deliver on the Sustainable Development Goals (SDGs).
  The key principles of SDGs, i.e. leaving no one behind, reaching the farthest first and universal coverage, along with gender equality will be embedded in the design of all capacity building interventions including training, training modules and materials.
  Priority will be given to subjects of national importance principally under themes, namely:
  (i) Poverty free and enhanced livelihood in villages
  (ii) Healthy Village
  (iii) Child Friendly Village
  (iv) Water Sufficient Village
  (v) Clean and Green Village
  (vi) Self-Sufficient Infrastructure in Village
  (vii) Socially Secured Village
  (viii) Village with Good Governance
  (ix) Engendered Development in Village.
• Funding Pattern: The revamped RGSA will comprise Central and State components. The Central Components of the scheme will be fully funded by the Government of India. The funding pattern for State Components will be in the ratio of 60:40 among Centre and States respectively, except NE, Hilly States and Union Territory (UT) of J&K where Central and State share will be 90:10.
  However, for other UTs, Central share will be 100%.
• Vision: It is an effort in the direction of achieving “Sabka Sath, Sabka Gaon, Sabka Vikas”.
• Significance: 
  (i) Socio-Economic Justice: As panchayats have representation of Schedule Castes, Schedule Tribes and women, and are institutions closest to the grassroots, strengthening panchayats will promote equity and inclusiveness, along with social justice and economic development of the community.
  (ii) Improved Public Service Delivery: Increased use of e-governance by PRIs will help achieve improved service delivery and transparency.
  (iii) Developing PRI: It will establish the institutional structure for capacity building of PRIs at the national, state and district level with adequate human resources and infrastructure.
• Beneficiaries: The approved scheme of RGSA will help more than 2.78 lakh Rural Local Bodies. € Around 60 lakh elected representatives, functionaries and other stakeholders of rural local bodies, including traditional bodies, across the country will be direct beneficiaries of the scheme.
• Scale: This scheme extends to all States and UTs of the country and will also include institutions of rural local government in non-Part IX areas, where Panchayats do not exist.

3. SC Upheld FCRA Amendments

Why in News?
Recently, the Supreme Court (SC) upheld the constitutional validity of the Foreign Contribution (Regulation) Amendment Act (FCRA), 2020.

• It held that receiving foreign donations cannot be an absolute right and can be regulated by the Parliament.
• In 2020, the Indian government had proposed amendments to the FCRA, which imposed new restrictions on how Non-Governmental Organisations (NGOs), individuals, and other organisations could receive or use funds contributed from abroad.

What are the Highlights of the Judgements?

• Medicine vs Intoxicant Metaphor: Foreign Contributions serves as a medicine so long as it is consumed (utilised) moderately and discreetly. € However, free and uncontrolled flow of foreign contribution can act as an intoxicant that has the potential of impacting the sovereignty and integrity of the nation.
• Imposing Political Ideology: The SC underlined that foreign contributions may tend to influence or impose political ideology. Thus, FCRA amendments are essentially conceived in the interest of public order as the intent is to prevent misuse of donations coming from foreign sources.
• Global Precedents: Receiving foreign donations cannot be an absolute or even a vested right. € This is because the theory of possibility of national polity being influenced by foreign contribution is globally recognised.
• Upholding Legislation: In this scenario, it had become necessary for Parliament to step in and provide a stringent regime for effectively regulating the inflow and utilisation of foreign contribution.

What is Foreign Contribution (Regulation) Act (FCRA), 2010?

• Foreign funding of persons in India is regulated under FCRA act and is implemented by the Ministry of Home Affairs. Individuals are permitted to accept foreign contributions without permission of MHA.  However, the monetary limit for acceptance of such foreign contributions shall be less than Rs. 25,000.
• The Act ensures that the recipients of foreign contributions adhere to the stated purpose for which such contribution has been obtained.
• Under the Act, organisations are required to register themselves every five years.

What were the Amendments done in the Act?

• Prohibition to accept foreign contribution: It bars public servants from receiving foreign contributions.
• Transfer of foreign contribution: It prohibits the transfer of foreign contribution to any other person.
• Aadhaar for registration: Aadhaar number is mandatory for all office bearers, directors or key functionaries of a person receiving foreign contribution, as an identification document.
• FCRA account: The foreign contribution must be received only in an account designated by the bank as FCRA account in such branches of the State Bank of India, New Delhi. No funds other than the foreign contribution should be received or deposited in this account.
• Restriction in utilisation of foreign contribution: It allowed the government to restrict usage of unutilised foreign contribution. This may be done if, based on an inquiry the government believes that such person has contravened provisions of the FCRA.
• Administrative Capping: While NGOs earlier could use up to 50% funds for administrative use, the new amendment restricted this use to 20%.

What are the Objectives and Issues Related to the Amendments?

• Objectives: Many recipients of foreign contribution have not utilised the same for the purpose for which they were registered or granted prior permission under the FCRA 2010.
  Recently, the Union Home Ministry has suspended licences of the six (NGOs) who were alleged to have used foreign contributions for religious conversion. Such a situation could have adversely affected the internal security of the country.
  It also aims to enhance transparency and accountability in the receipt and utilisation of foreign contributions and facilitate the genuine NGOs who are working for the welfare of society.
• Issues: The Amendments led to criticism from some quarters that it could have a deleterious effect on civil society organisations. The government aims to control the NGOs which engage in dubious activities.
  However, by failing to recognise the diversity of NGOs, which include world-class organisations that are recognised globally, will crush their competitiveness and creativity.

Read more on “Laxmikanth Summary: Supreme Court”

4. Manual Scavenging

Why in News?
Recently, the Ministry of Social Justice and Empowerment informed that a total of 971 people lost their lives while cleaning sewers or septic tanks since 1993.

• Earlier, the Union Cabinet approved the extension of the tenure of the National Commission for Safai Karamcharis (NCSK) for three years beyond 31st March, 2022. The major beneficiaries would be the Safai Karamcharis and identified manual scavengers in the country.

What is Manual Scavenging?

• Manual scavenging is defined as “the removal of human excrement from public streets and dry latrines, cleaning septic tanks, gutters and sewers”.

What are the Reasons for the Prevalence of Manual Scavenging?

• Indifferent Attitude: A number of independent surveys have talked about the continued reluctance on the part of state governments to admit that the practice prevails under their watch.
• Issues due to Outsourcing: Many times local bodies outsource sewer cleaning tasks to private contractors. However, many of them fly-by-night operators, do not maintain proper rolls of sanitation workers.
  In case after case of workers being asphyxiated to death, these contractors have denied any association with the deceased.
• Social Issue: The practice is driven by caste, class and income divides. It is linked to India’s caste system where so-called lower castes are expected to perform this job. In 1993, India banned the employment of people as manual scavengers (The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993), however, the stigma and discrimination associated with it still linger on. This makes it difficult for liberated manual scavengers to secure alternative livelihoods.

What are the Steps taken to tackle the Menace of Manual Scavenging?

• The Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.€ It will be an amendment to The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.€ It is still awaiting cabinet approval 

Read More on “Laxmikanth Summary: Fundamental Rights”

5. Dispute over Sutlej Yamuna Link (SYL) Canal

Why in News?
Recently, the Haryana Vidhan Sabha has passed a resolution seeking completion of the Sutlej Yamuna Link (SYL) Canal .

• The canal, once completed, will enable sharing of the waters of the rivers Ravi and Beas between Haryana and Punjab.
• The Satluj Yamuna Link Canal is a proposed 214-kilometre-long canal connecting Sutlej and Yamuna rivers.
• Water resources are under the State List, while the Parliament has the power to make laws regarding inter-state rivers under the Union List.

What is the Background?

• 1960: The dispute can be traced back to the Indus Water Treaty between India and Pakistan, allowing the former ‘free and unrestricted use’ of Ravi, Beas and Sutlej.
• 1966: Creation of Haryana from the old (undivided) Punjab presented the problem of giving Haryana its share of river waters.€ For Haryana to get its share of the waters of the Sutlej and its tributary Beas, a canal linking the Sutlej with the Yamuna was planned (SYL Canal).  Punjab refused to share waters with Haryana stating it was against the riparian principle which dictates that the water of a river belongs only to the State and country or States and countries through which the river in question flows.
• 1981: Both states mutually agreed for the re-allocation of water.
• 1982: Construction of 214-km SYL was launched in Kapoori village, Punjab. Agitations, protests and assassinations were carried out in protest creating the environment of terrorism in the state and making the issue of national security.
• 1985:€ Prime Minister Rajiv Gandhi and then Akali Dal chief Sant signed an accord agreeing for a new tribunal to assess the water.
  The Eradi Tribunal headed by Supreme Court Judge V Balakrishna Eradi was set up to reassess availability and sharing of water.€ In 1987, the tribunal recommended an increase in the shares of Punjab and Haryana to 5 MAF and 3.83 MAF, respectively.
• 1996: Haryana moved the Supreme Court (SC)seeking directions to Punjab to complete the work on the SYL.
• 2002 and 2004: SC directed Punjab to complete the work in its territory.
• 2004: Punjab Assembly passed the Punjab Termination of Agreements Act, terminating its water-sharing agreements and thus jeopardising the construction of SYL in Punjab.
• 2016: SC started hearings into a presidential reference (Article 143) to decide on the legality of the 2004 Act and declared that Punjab backed out of its promise to share the waters of rivers. Thus, the act was termed constitutionally invalid.
• 2020: SC directed the Chief Ministers of both states to negotiate and settle the SYL canal issue at the highest political level to be mediated by the Centre. Punjab has asked for a tribunal for fresh time-bound assessment of the water availability. Punjab holds that there has been no adjudication or scientific assessment of river waters in the state till date. The availability of Ravi-Beas water has also come down from the estimated 17.17 MAF in 1981 to 13.38 MAF in 2013. A fresh tribunal would ascertain all this.

What is the Argument of Punjab and Haryana?

• Punjab:€ Many areas in Punjab may go dry after 2029 and the state has already over-exploited its groundwater for irrigation purposes as it fills granaries of the Centre by growing wheat and paddy worth Rs 70,000 crore every year.
  Water in about 79% of the state’s area is over-exploited and in such a situation, the government says sharing water with any other state is impossible.
• Haryana: It says that providing irrigation is tough for the state and there was a problem of drinking water in southern parts of Haryana, where groundwater has depleted up to 1,700 feet.€ Haryana has been citing its contribution to the central food pool and arguing that it is being denied its rightful share in the water as assessed by a tribunal.

Read more on “Inter-State Relations”

6. Indian Presidential Election 

Why in News?

The tenure of the current President of India is set to end in July 2022, which is also when the 16th Indian Presidential election will be held to elect his successor.

How is the President elected?

• About:€ The Indian President is elected through an electoral college system, wherein the votes are cast by national and State-level lawmakers.€ The elections are conducted and overseen by the Election Commission (EC) of India.
  The electoral college is made up of all the elected members of the Upper and Lower Houses of Parliament (Rajya Sabha and Lok Sabha MPs), and the elected Members of the Legislative Assemblies of States and Union Territories (MLAs).

€ Related Constitutional Provisions:.

(i) Article 54: Election of President
(ii) Article 55: Manner of election of President.
(iii) Article 56:Term of office of President
(iv) Article 57: Eligibility for re-election.
(v) Article 58: Qualifications for election as President

• Procedure: € Before the voting, comes the nomination stage, where the candidate intending to stand in the election, files the nomination along with a signed list of 50 proposers and 50 seconders.
  These proposers and seconders can be anyone from the total members of the electoral college from the State and national level. The rule for securing 50 proposers and seconders was implemented when the EC noticed, in 1974, that several candidates, many without even a bleak chance of winning, would file their nominations to contest the polls. An elector cannot propose or second the nomination of more than one candidate.

What is the value of each vote and how is it calculated?

• A vote cast by each MP or MLA is not calculated as one vote.
• The fixed value of each vote by an MP of the Rajya Sabha and the Lok Sabha is 708.
• Meanwhile, the vote value of each MLA differs from State to State based on a calculation that factors in its population vis-a-vis the number of members in its legislative Assembly.

As per the Constitution (Eighty-fourth Amendment) Act 2001, currently, the population of States is taken from the figures of the 1971 Census. This will change when the figures of the Census taken after the year 2026 are published.

• The value of each MLA’s vote is determined by dividing the population of the State by the number of MLAs in its legislative Assembly, and the quotient achieved is further divided by 1000.
  Uttar Pradesh for instance, has the highest vote value for each of its MLAs, at 208. The value of one MLA’s vote in Maharashtra is 175, while that in Arunachal Pradesh is just 8.

What is required to secure a victory?

• A nominated candidate does not secure victory based on a simple majority but through a system of bagging a specific quota of votes. While counting, the EC totals up all the valid votes cast by the electoral college through paper ballots and to win, the candidate must secure 50% of the total votes cast + 1.
• Unlike general elections, where electors vote for a single party’s candidate, the voters of the electoral college write the names of candidates on the ballot paper in the order of preference.
• The President’s election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is by secret ballot.

Can the President be Impeached?

• According to Article 61, the President can be removed from his office before the expiry of his term only on the grounds of violation of the constitution.
• However, the Constitution does not define the meaning of the phrase ‘violation of the constitution’.
• The impeachment process can be started from any house of the parliament by levelling charges against him.
• The notice bearing the charges against the president must be signed by at least a quarter of the members of the house.
• The resolution to impeach the president must be passed by a special majority (two-thirds) in the originating house.
• Next, it is sent to the other house for consideration. The other house acts as the investigating horse. A select committee is formed to investigate the charges labelled against the president.
• During the process, the President of India has the right to defend himself through authorised counsel. He can choose to defend himself or appoint any person/lawyer or attorney general of India to do so.

Read more on “Laxmikanth Summary: President”