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The Hindu Editorial Analysis- 5th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

The Hindu Editorial Analysis- 5th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC

A sunshine initiative


Why in News?

Finance Minister Nirmala Sitharaman’s interim Budget day speech reiterated a plan by Prime Minister Narendra Modi to supply power to one crore households in the country using rooftop solar panels. This would help households save ₹15,000 annually, the Minister claimed. 

  • Civil Society refers to a wide array of organizations, community groups, non-governmental organizations (NGOs), labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations and foundations – World Bank.
  • Globally, the term ‘Civil Society’ became popular in the 1980s, when it started to be identified with non-state movements defying authoritarian regimes, especially in Eastern Europe and Latin America.
  • Civil Societies should not be equated to non-governmental organizations (NGOs). NGOs are a part of civil society though they play an important and sometimes leading role in activating citizen participation in socio- economic development and politics and in shaping or influencing policy.
  • Civil Society is a broader concept, encompassing all organizations and associations that exist outside the state and the market.

Profiles of Influential Organizations in Civil Societies

  • Amnesty International,
  • International Trade Union Confederation
  • World Wide Fund for Nature (WWF)
  • Greenpeace
  • The Danish Refugee Council (DRC),
  • Reporter without boarder

Role of Civil Societies in India’s Nation Building and Good Governance

  • The third sector/civil society organizations promote cooperation between two or more individuals through mutual cohesion, common approach and networking. Democracies inherently encourage such cooperative behavior.
  • The Indian Constitution too explicitly recognizes “right to freedom of speech and expression and to form associations or unions” as one of the core rights of its citizens under Article 19(1) and hence encourages formation of civil society groups and community organizations.
  • In the current model of economic growth, the voluntary/ civil society sector has been recognized as a key player in achieving equitable, sustainable and inclusive development goals.
  • Both the State as well as the market-led models of development have been found to be inadequate and there is an increasing realization that active involvement of the voluntary sector is needed in the process of nation building.
  • They are now viewed as partners in progress. Civil society organizations function outside the conventional space of both State and Market, but they have the potential to negotiate, persuade and pressurize both these institutions to make them more responsive to the needs and rights of the citizens.
  • Civil Societies play a crucial role in good governance. As India is not a participative democracy but a representative democracy, the government takes all major decisions by itself. Civil Society acts as an interface of interaction between the government and the governed.

Empowering Civil Societies for Good Governance

  • Civil Societies has been widely recognised as an essential “third sector”.
  • Its strength can have a positive influence on the state and the market.
  • Civil society is therefore seen as an increasingly important agent for promoting good governance like:
    • Transparency,
    • Effectiveness,
    • Openness,
    • Responsiveness and

Civil society acts through ‘social capital’— the capacity of people to act together willingly in their common long-term interest. Social capital is strong in a homogeneous, egalitarian society. 

Role of civil societies as promoter of community empowerment and good governance

  • By policy analysis and advocacy;
  • By regulation and monitoring of state performance and the action and behavior of public officials;
  • By building social capital and enabling citizens to identify and articulate their values, beliefs, civic norms and democratic practices;
  • By mobilizing particular constituencies, particularly the vulnerable and marginalized sectors of masses to participate more fully in politics and public affairs; and
  • By development work to improve the well-being of their own and other communities.
  • Educator of citizens on their rights, entitlements and responsibilities and the government about the pulse of the people.
  • Service provider to areas and people not reached by official efforts or as government’s agent.

Types of Civil societies in India:

Classified into following broad categories (as given in 2nd ARC):

  • Registered Societies formed for specific purposes
  • Charitable organizations and Trusts
  • Local Stakeholders Groups, Microcredit and Thrift Enterprises, SHGs
  • Professional Self-Regulatory Bodies
  • Cooperatives
  • Bodies without having any formal organizational structure
  • Government promoted Third Sector organizations

Broader classification of all non-government and not-for-profit organizations:

  • Civil rights advocacy organizations
  • Civil liberties advocacy organizations
  • Community based organizations, citizen’s groups, farmers’ cooperatives
  • Business and industry chambers of commerce
  • Labour unions
  • International peace and human rights organizations
  • Media, communication organization
  • National resources conservation and protection organizations
  • Private and public foundations.

Promoting Civil Societies: India’s National Voluntary Sector Policy of 2007

  • National Policy on Voluntary Sector 2007 is a commitment to encourage, enable and empower an independent, creative and effective voluntary sector, so that it can contribute to the social, cultural and economic advancement of the people of India.
  • The voluntary sector has contributed significantly to finding innovative solutions to poverty, deprivation, discrimination and exclusion, through means such as awareness raising, social mobilization, service delivery, training, research, and advocacy.
  • The voluntary sector has been serving as an effective non-political link between the people and the Government. This policy recognizes the important role that the voluntary sector has to play in various areas and affirms the growing need for collaboration with the voluntary sector by the Government, as well as by the private sector, at the local, provincial and national levels.

Objectives of India’s 2007 National Policy on Voluntary Sector and Civil Societies

  • To create an enabling environment for VOs that stimulates their enterprise and effectiveness, and safeguards their autonomy;
  • To enable VOs to legitimately mobilize necessary financial resources from India and abroad;
  • To identify systems by which the Government may work together with VOs, on the basis of the principles of mutual trust and respect, and with shared responsibility; and,
  • To encourage VOs to adopt transparent and accountable systems of governance and management.

Government-Civil Societies Partnership for Inclusive Development:

  • The voluntary sector can play an important role in the development process, particularly through community participation.
  • VOs can offer alternative perspectives; committed expertise; an understanding of the local opportunities and constraints; and perhaps most importantly, the capacity to conduct a meaningful dialogue with communities, particularly those that are disadvantaged.
  • It is therefore essential that the Government and the Voluntary Sector work together. Where feasible, such partnership may also include other entities such as panchayati raj institutions, municipalities, academic institutions, and private sector organizations.
  • Partnership between Government and VOs implies identifying shared goals and defining complementary roles. It must be based on the basic principles of mutual trust and respect, with shared responsibility and authority.
  • This Policy recognizes three instruments of partnership, viz.
  • Consultation, through a formal process of interaction at the Centre, State and District level;
  • Strategic collaboration to tackle complex interventions where sustained social mobilization is critical over the long term; and
  • Project funding through standard schemes, all of which are enhanced by the active involvement of civil societies.

How do Civil Societies empower communities and support Good Governance?

  • The Indian society has a well-established tradition of philanthropy. While a regime of tax concessions facilitates donations to charitable organizations, there is considerable untapped potential to channelise private wealth for public service. The Government will support and encourage existing, as well as new, independent philanthropic institutions and private foundations to provide financial assistance to deserving civil societies (VOs). It will also promote a dialogue among public and private grant makers so that they may take advantage of the best practices in grant making and fund-raising strategies.
  • Accountability to all stakeholders and transparency in functioning are key issues in good governance. The voluntary sector is expected to set its own benchmarks in these areas. Since VOs vary in their objectives and activities, it would be impractical to expect uniform norms for accountability and transparency. The Government will encourage support organizations, and VO networks & federations to facilitate discussion and consensus building on these issues. It will also encourage such agencies to advise and assist VOs to adopt norms that they find acceptable and useful. The Government will recognize excellence in governance among VOs by publicizing best practices.
  • Training is a crucial requirement for people working in the voluntary sector. However, this is often neglected on account of limited availability of good quality training courses that are reasonably priced. The Government will support and encourage organizations that train aspirants to enter the voluntary sector, as well as those already working in the sector. It will make available physical facilities currently available with its training institutes as a measure of such support.
  • Innovation in institutional, technical and social approaches to development problems is an essential ingredient of voluntary action. The Government will encourage and recognize innovative & pioneering work.
  • Databases of VOs working in different fields and at different levels are useful for communication within the voluntary sector, as well as between the voluntary sector and the public & private sector. The Government will commission suitable agencies to prepare and update such databases.
  • Information on Government policies and programmes is often difficult for VOs to access. The websites of various Government agencies will be re-designed to provide links to key documents and databases, including those related to project funding schemes.
  • The Government will encourage involvement of volunteers in public services, such as, at family welfare centers, primary health centers, hospitals, schools, vocational training centers, sanitation campaigns, etc.

Safeguarding Social Capital: Role of Civil Societies according to the 2nd ARC 9th Report

New Legal Framework for Charities in India:

  • The Union Government should draft a comprehensive model legislation covering both Trusts and Societies in lieu of the existing laws on Societies, Trusts, Endowments and Charitable Institutions etc.
  • The proposed model legislation should indicate a cut off limit with regard to the annual revenue of a Charity. Organizations having an annual income below this Threshold will have lighter compliance requirements with respect to submission of returns / reports / permission etc. However, if irregularities are detected in their functioning, the organizations will be liable for legal and penal action.
  • The government should set up an Inclusive Committee which will comprehensively examine the issue of defining ‘Charity’ and ‘Charitable Purpose’ and suggest measures to “soften” charities-government relationships, particularly in tax matters, ensuring active involvement and collaboration with civil societies.

Case for Accreditation in Voluntary Organisations:

  • There should be a system of accreditation / certification of voluntary organizations which seek funding from government agencies.
  • Government should take initiative to enact a law to set up an independent Body – National Accreditation Council – to take up this work.

The Preamble - Historical Background

  • Nehru introduced an Objectives Resolution (a resolution that outlined the Assembly's goals) in 1946, before the constitution making process began.
  • The aims and principles that drove the creation of the Constitution were embodied in this resolution.
  • The Objectives Resolution provided the foundation for India's Constitution, which institutionalised the essential values of equality, liberty, democracy, sovereignty, and cosmopolitan identity.
  • This solidified the moral resolve to form a government that will carry out the many promises made by the nationalist movement to the Indian people.
  • The Preamble to the Constitution is based on this resolution, which was overwhelmingly accepted on January 22, 1947.
  • The essential framework of our constitution is included in the preamble's goals. It emphasises the Indian constitution's key ideas and philosophy. It is regarded as the Constitution's soul.

The Preamble – Objective

The Preamble's objectives are to provide justice, liberty, and equality for all people, as well as to foster brotherhood in order to protect the nation's unity and integrity.

Keywords & Philosophy Enshrined In The Preamble

People have power

  • The first line of the Preamble “We the people of India” shows that the people have ultimate power. It is a democracy in the true sense, meaning that it is governed of, for, and by the people.
  • It reflects that the source of the authority of the Constitution lies with the people of India.

The Constitution of India states India to be a sovereign, socialist, secular democratic, and republican state.

Sovereignty

  • The term "sovereignty" suggests that India is a sovereign state, not a dependency or a dominion of another country. It has no higher authority than it, and it is free to manage its own affairs (both internal and external).

Socialist

  • Democratic socialism is the Indian brand of socialism. Democratic socialism believes in a "mixed economy," in which the public and private sectors coexist. Indian socialism, according to the Supreme Court, aspires to eradicate poverty, ignorance, sickness, and inequity of opportunity.

Secularism

The Indian Constitution embodies the positive notion of secularism, which states that all religions in our country (regardless of their strength) enjoy the same status and support from the government.

Democratic

  • The Indian Constitution establishes a representative parliamentary democracy in which the executive is held accountable for all policies and actions by the legislature.
  • The democratic nature of the Indian polity is manifested through the universal adult franchise, periodic elections, rule of law, judiciary independence, and the absence of discrimination on certain grounds.

Republic

  • The term "republic" in our Preamble denotes that India has a president who is elected by the people.
  • India is democratic republic, meaning its offices are open to every citizen of India, unlike the UK where the highest office in the country is reserved for the monarchy.

Justice

  • The term "justice" is used in the Preamble to refer to three types of justice: social, economic, and political justice, all of which are guaranteed by various articles of the Fundamental Rights and Directive Principles.

Liberty

  • The term "liberty" refers to the absence of restrictions on individuals' activities while also allowing for the development of individual personalities.
  • The Preamble guarantees all Indian citizens the freedom of thought, expression, belief, faith, and worship through their Fundamental Rights, which can be enforced in a court of law if they are violated.

Equality

  • The term "equality" refers to the lack of special privileges for any group in society, as well as the availability of suitable opportunities for all people without discrimination.
  • The Preamble guarantees equality of status and opportunity to all Indian citizens. This clause covers three aspects of equality: civil, political, and economic.

Fraternity

  • Fraternity is defined as a feeling of brotherhood. By establishing a system of single citizenship, the Constitution fosters a sense of brotherhood.
  • In addition, Article 51-A of the Fundamental Duties states that it is the duty of every citizen of India to foster harmony and the spirit of shared brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences.
  • The Preamble emphasizes that fraternity must guarantee two things: human dignity and national unity and integrity.

The Preamble - Significance

  • Source of Authority: The Preamble declares that the Constitution derives its authority from the people of India. It emphasizes the democratic principle that the ultimate power lies with the citizens, reinforcing the idea that the Constitution is a document created by and for the people.
  • Statement of Objectives: The Preamble outlines the objectives of the Constitution, which include securing justice, liberty, equality, and fraternity for all citizens. These values form the core principles upon which the Indian democratic system is built, and they guide the interpretation and implementation of other constitutional provisions.
  • Unity in Diversity: The Preamble acknowledges the diversity of the Indian population and envisions a nation where unity is maintained amidst this diversity. It highlights the commitment to promoting a sense of brotherhood and fraternity among the people of India.
  • Secularism: The term "secular" was added to the Preamble by the 42nd Amendment in 1976. This signifies the commitment of the Indian state to maintain religious neutrality and treat all religions with equal respect. It reflects the idea of a secular and inclusive society.
  • Democratic Values: The Preamble emphasizes the democratic principles of justice, liberty, equality, and fraternity. It establishes the democratic form of government and a commitment to ensuring that the state functions in a manner that upholds these values.
  • Guide for Constitutional Interpretation: Courts often refer to the Preamble while interpreting various provisions of the Constitution. It serves as a guiding light for the judiciary in understanding the intent and philosophy behind different constitutional provisions.

The Preamble – Amendments

42nd Constitutional Amendment

The 42nd Constitutional Amendment Act changed the Preamble for the first and the only time in 1976. Three additional terms: socialist, secular, and integrity were added with 42nd Amendment.

Interpretations By Supreme Court

Preamble as Part of the Constitution – Supreme Court Interpretations

In Berubari Union Case (1960)

  • The Preamble is the key to the minds of the makers of the Constitution. The Supreme Court recognized that the Preamble might be used as a guiding principle if a term in any article of the Constitution is unclear or has more than one meaning.
  • Despite this recognition of the Significance of the Preamble, Supreme Court Opined that the Preamble can not take the place of the explicit provisions of the Law.
  • The Supreme Court concluded in the Berubari case that because the Preamble is not part of the Constitution, it can never be regarded a source of significant power.

In the Kesavananda Bharati case (1973)

  • In the Kesavananda Bharati case (1973), the Supreme Court Rejected earlier opinions and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution.
  • It is observed that the Preamble is of extreme importance and that the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.

Union Government v. LIC of India case (1995)

  • The Supreme Court ruled in the LIC of India case that the Preamble is an integral part of the Constitution.
  • Thus, the core ideas, purposes, and philosophical postulates that the Constitution of India stands for are contained in the Preamble to the Constitution of Free India.

Despite the above Supreme Court rulings, two things need to be noted -

  1. The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.
  2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.

Conclusion

It serves as a timeless guide, reflecting shared ideals and commitments. Through its concise language, the preamble becomes a foundational statement that resonates with the collective spirit of a community or nation. It stands as a beacon, directing the interpretation and implementation of the Constitution's subsequent articles.

The document The Hindu Editorial Analysis- 5th February 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC is a part of the UPSC Course Current Affairs & Hindu Analysis: Daily, Weekly & Monthly.
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FAQs on The Hindu Editorial Analysis- 5th February 2024 - Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC

1. What is the Sunshine Initiative mentioned in The Hindu editorial?
Ans. The Sunshine Initiative refers to a specific initiative or program mentioned in The Hindu editorial which aims to bring about positive change or development in a certain area or sector.
2. What are the objectives of the Sunshine Initiative?
Ans. The objectives of the Sunshine Initiative, as mentioned in The Hindu editorial, are not explicitly specified. However, it can be inferred that the initiative aims to bring about positive change, improvement, or progress in a particular domain.
3. Is the Sunshine Initiative a government-led program?
Ans. The information provided in The Hindu editorial does not explicitly mention whether the Sunshine Initiative is a government-led program or not. Further research or additional information might be required to ascertain the nature of this initiative.
4. How does the Sunshine Initiative aim to promote development?
Ans. The specific methods or strategies employed by the Sunshine Initiative to promote development are not mentioned in The Hindu editorial. Further details or information about the initiative might be needed to understand its approach towards promoting development.
5. Are there any challenges or criticisms associated with the Sunshine Initiative?
Ans. The Hindu editorial does not provide any information regarding challenges or criticisms associated with the Sunshine Initiative. To gain a comprehensive understanding of the initiative, it would be necessary to explore additional sources or conduct further research.
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