60 Days Plan: UPSC IAS Prelims 2019 – Polity and Current Affairs (Day 14)

Article 324 to 329 of Part XV of the Constitution deals with the electoral system in our country. Constitution allows Parliament to make provisions in all matters relating to elections to the Parliament and State Legislatures. In exercise of this power, the Parliament has enacted laws like Representation of the People Act 1950 (RPA Act 1950), Representation of the People Act 1951 (RPA Act 1951) and Delimitation Commission Act of 1952.

Representation of Peoples Act 1951 provides for the actual conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State.

The act also deals with details like qualification and disqualification of members of both houses of Parliament (i.e, Loksabha and Rajyasabha) and the state legislatures (ie. State Legislative Assembly and State Legislative Council). Rules for the mode of conduct of elections is highlighted in detail.

Source:

• THE REPRESENTATION OF THE PEOPLE ACT, 1951 document

Article 79 in the Constitution of India provides that – There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively as the council of States and the House of the People.

Article 330 in the Constitution of India provides for the – Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.

Constitution has abolished the old system of communal representation, that is, reservation of seats in the legislatures on the basis of religion. However, it provides for the temporary reservation of seats for the scheduled castes and scheduled tribes to ensure adequate representation to them.

The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

Question Hour

The first hour of every parliamentary sitting is slotted for this. During this time, the members ask questions and the ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice:

1. A starred question (distinguished by an asterisk) requires an oral answer and hence supplementary questions can follow.
2. An unstarred question, on the other hand, requires a written answer and hence, supplementary questions cannot follow.
3. A short notice question is one that is asked by giving a notice of less than ten days. It is answered orally.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

Section 8 deals with Disqualification of representatives on conviction for certain offences: A person convicted of any offence and sentenced to imprisonment for varying terms under Sections 8 (1) (2) and (3) shall be disqualified from the date of conviction and shall continue to be disqualified for a further period of six years since his release. But Section 8 (4) of the RP Act gives protection to MPs and MLAs as they can continue in office even after conviction if an appeal is filed within three months.

Source:

• The Hindu

Subsidiary Motion: It is a motion that, by itself, has no meaning and cannot state the decision of the House without reference to the original motion or proceedings of the House. It is divided into three sub-categories:

1. Ancillary Motion: It is used as the regular way of proceeding with various kinds of business.
2. Superseding Motion: It is moved in the course of debate on another issue and seeks to supersede that issue.
3. Amendment: It seeks to modify or substitute only a part of the original motion.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

When a bill, which has originated in the legislative council and sent to the legislative assembly, is rejected by the latter, the bill ends and becomes dead.

The Constitution does not provide for the mechanism of joint sitting of two Houses of the state legislature to resolve a deadlock between them over the passage of a bill.

If a bill passed in Legislative Assembly is rejected in Legislative Council, then Legislative Assembly will have to repass it to override the council’s decision.

Source:

• Indian Polity – M Laxmikanth (Chapter: State legislature)

Zero hour is not mentioned in the Rules of Procedure. Except zero hour, all other options provided in the question are mentioned in the Rules of Procedure.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

The Speaker of the Lok Sabha derives his powers and duties from three sources, that is, the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha, and Parliamentary Conventions (residuary powers that are unwritten or unspecified in the Rules).

He is the final interpreter of the provisions of (a) the Constitution of India, (b) the Rules of Procedure and Conduct of Business of Lok Sabha, and (c) the parliamentary precedents, within the House.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

Government Resolution: It is one that is moved by a minister. It can be taken up any day from Monday to Thursday.

Statutory Resolution: It can be moved either by a private member or a minister. It is so called because it is always tabled in pursuance of a provision in the Constitution or an Act of Parliament.

Ordinary Bills and Amendment Bills can be introduced either by a minister or by a private member. However, Money Bill can be introduced only by a minister.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

An ordinary bill can be introduced in either House of Parliament. Such a bill can be introduced either by a minister or by any other member.

The member who wants to introduce the bill has to ask for the leave of the House. When the House grants leave to introduce the bill, the mover of the bill introduces it by reading its title and objectives. No discussion on the bill takes place at this stage.

Later, the bill is published in the Gazette of India. If a bill is published in the Gazette before its introduction, leave of the House to introduce the bill is not necessary.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

The Council of India Act, 1919 for the first time introduced bicameral legislature consisting of a council of states (the Upper House) and a legislative Assembly (the Lower House), each with an elected majority in India.

The representative institution was further expanded by the Act of 1935. The Act of 1935 introduced federal legislature consisting His Majesty, represented by Governor-General and two federal chambers known as the Council of States (the Upper House) and the House of Assembly.

The Parliament of India was adopted when the Indian Constitution was promulgated in 1950.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament and Historical Background)
• Basu, 2001, pp. 9-11.

By their nature, parliamentary committees are of two kinds: ‘standing committees’ and ‘adhoc committees’.

• Standing committees are permanent and regular committees.
• They are constituted from time to time by the Chairman of Rajya Sabha or Speaker of Lok Sabha, as the case may be, in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
• The works of these committees are of continuous nature.
• The Financial Committees, Advisory Committee, Committee to Scrutinize and Control, Committees for Welfare, etc. are few committees come under the category of Standing Committee.

Cabinet Committees

• The Cabinet Committee are organizations which are instrumental in reducing the workload of the Cabinet.
• They are formed under Transaction of Business Rules (TBR), 1961.
• These committees are extra-constitutional in nature and are nowhere mentioned in the Constitution.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for an MLA in Article 191.

According to our Constitution, they can be disqualified for

• Holding an office of profit under government of India or state government
• Being of unsound mind
• Being an undischarged insolvent
• Not being an Indian citizen or for acquiring citizenship of another country

‘Office of profit’ is a position in the government which cannot be held by an MLA or an MP. The post can yield salaries, perquisites and other benefits.

The origin of this term can be found in the English Act of Settlement, 1701.

If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of profit”.

A person will be disqualified if he holds an office of profit under the central or state government, other than an office declared not to disqualify its holder by a law passed by Parliament or state legislature.

The word ‘office’ has not been defined in the Constitution or the Representation of the People Act of 1951.

According to Articles 102(1)(a) and 191(1)(a) of the Constitution, an MP or MLA is barred from holding an office of profit as it can put them in a position to gain a financial benefit. “A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament, (a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder,” says the law.

Under the Representation of People Act too, holding an office of profit is grounds for disqualification.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)
• Representation of People Act Document

Article 324 of the Constitution has made the following provisions with regard to the composition of election commission:

• The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix.
• The appointment of the chief election commissioner and other election commissioners shall be made by the president.
• When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.

Do you know?

• Article 324 (5) of the Constitution safeguards the Chief Election Commissioner (CEC) from arbitrary removal.
• The CEC can be removed from office only by the order of the President, just like a judge of the Supreme Court. However, the same constitutional provision is silent about the procedure for removal of the two Election Commissioners. It only provides that they cannot be removed from office except on the recommendation of the CEC.

The CEC and the Election Commissioners enjoy the same decision-making powers… However, Article 324(5) does not provide similar protection to the Election Commissioners.  Hence, statement (c) is incorrect.

At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government.

Chief Electoral Officer (CEO): The Chief Electoral Officer of a state/ Union Territory is authorized to supervise the election work in the state/Union Territory subject to the overall superintendence, direction and control of the Election Commission. The Election Commission of India nominates or designates an Officer of the Government of the state/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.

Source:

• Indian Polity – M Laxmikanth (Chapter: Elections)

A number of cabinet committees are set by the Prime Minister of India as per the need and requirement. They are extra constitutional as they do not find mention in the constitution.

Cabinet committee on Political affairs (CCPA) is set up and chaired by the Prime minister and often described as ‘Super cabinet’ as it is the most important of all. Political affairs committee deals with all policy matters pertaining to domestic and foreign affairs.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)
• The Hindu/Current Affairs

Appointments Committee of the Cabinet (ACC)

• It is responsible for all appointments of higher ranks in the Central Secretariat, Public Enterprises, Public Enterprises and Financial Institutions.
• The committee is composed of the Prime Minister of India (who is the Chairman), the Minister of Home Affairs. Hence, statement (1) is wrong.

Statement 2 is also incorrect, because after the creation of NITI Aayog, the Ministry of Finance of India decides both planned and non-planned grants for States.

Ministers are individually responsible to the President i.e. they hold office during the pleasure of the President. Hence, statement 3 is wrong.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

After the budget is presented to the house (parliament), the government needs its approval to draw even one rupee from the Consolidated Fund of India. This approval comes by voting, which means that the Budget proposals must be passed by the Parliament.

However, there are some charges which essentially have to be paid by the Government and for those charges no voting takes place. Thus, the expenditure embodied in the Budget Documents is of two types:

• The sums required for charged expenditures. These are non-votable.
• The sums required for other expenditures as mentioned in the Budget Documents. These are votable.

Charged Expenditures or Non-Votable Charges

Non-votable charges are called Charged Expenditures; and no voting takes place for the amount involved in these expenditures for their withdrawal from Consolidated Fund of India. This means that they have to be paid in any case, whether the budget is passed or not passed.

Following are the charged expenditures:

• Salary and Allowances of the President, Speaker / Deputy speaker of Lok Sabha, Chairman/ Deputy chairman of Rajya Sabha,
• Salaries and Allowances of Supreme Court judges, Pensions of Supreme Court as well as High Court Judges,
• Salaries, Allowances and Pensions of CAG, Lok Pal
• Debt charges of Government of India

The above expenditures cannot be voted because; these payments are deemed to be guaranteed by the state. Although voting does not take place on such charges, discussion can take place in any house of the parliament. The demand for grant for these charges is also made on recommendation of the president. (Article 113)

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

An outgoing government presents only an interim Budget or seeks a vote on account. It leaves it to the next government to present the full Budget.

As per the Constitution, all the revenue received by the Union government and the loans raised by it are parked in the Consolidated Fund of India.

The constitution says that no money can be withdrawn by the government from the Consolidated Fund of India except under appropriation made by law. For that an appropriation bill is passed during the Budget process.

Since, the appropriation bill may take time to pass through the Parliament and become a law, the government would need permission to spend even a single penny from April 1 when the new financial year starts.

Vote on account is the permission to withdraw money from the Consolidated Fund of India in that period, usually two months. Hence, statement (a) is correct.

About Vote on Account

• Vote on account is the interim permission of the parliament to the government to spend money.
• It is just an interim permission to spend money as against a full Budget which is an elaborate financial statement of expenditure and receipts including changes in taxes and government policies.
• In the election year when the elections are scheduled a few months into the new financial year, the government prefers to seek a vote on account instead of presenting a full Budget because if the government changes after elections it is not fair to deny it the right to design its own Budget for the remaining part of the year.
• Though vote-on-account is a temporary measure, it does need the approval of Parliament and it is usually passed without much discussion.
• The vote on account typically does not seek funds for major projects or new initiatives. This usually awaits the presentation of the full Budget.
• One of the key features of a vote on account is that it usually does not contain any direct tax proposals that would impact people, as that requires amendments to the Finance Bill. (Therefore, any decrease/increase or exemption/inclusion related to income tax will be on hold if there’s a vote on account.)

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)
• The Hindu/Current Affairs

Finance Bill deals with imposition, abolition, remission, altercation or regulation of taxes proposed in the budget. It does not list the expenditure.

Appropriation bill sets aside the money for specific purposes, to avail full benefit of weighted deduction, credit on inputs/capital goods used for R&D outside the factory premises.

Source:

• Indian Polity – M Laxmikanth (Chapter: Parliament)

Election Commission is an all-India body in the sense that it is common to both the Central government and the state governments. However, it must be noted here that the election commission is not concerned with the elections to panchayats and muncipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.

The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

Source:

• Indian Polity – M Laxmikanth (Chapter: Elections)

International Covenant on Civil and Political Rights (ICCPR)

• It was adopted by the United Nations General Assembly in 1966 and came into force in 1976
• It is one of three documents that make up the International Bill of Rights, together with the Universal Declaration on Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
• The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
• It is monitored by the United Nations Human Rights Committee (a separate body to the United Nations Human Rights Council), which reviews regular reports of States parties on how the rights are being implemented.
• States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets in Geneva and normally holds three sessions per year.
• The ICCPR is a legally binding treaty. This means that states which ratify the treaty are legally bound by it, while states that do not are neither bound by the treaty obligations or entitled to invoke those obligations against other state parties.
• It is ratified by India

Human Rights Committee

• The Human Rights Committee was established to monitor the implementation of the ICCPR.
• It is composed of 18 independent experts with recognized competence in the field of human rights.
• Committee members are elected for a term of four years and must be from countries that have ratified the Covenant.

There are two Optional Protocols to the Covenant

• The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain to the Human Rights Committee about violations of the Covenant. This has led to the creation of a complex jurisprudence on the interpretation and implementation of the Covenant.
• The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime.

THINK!

• International Covenant on Economic, Social and Cultural Rights (ICESCR)

Industrial Security Annex (ISA) would allow Indian private sector to collaborate with the U.S. defence industry

General Security Of Military Information Agreement (GSOMIA)

• It allows sharing of classified information from the U.S. government and American companies with the Indian government and defence Public Sector Undertakings (PSUs) but not with Indian private companies.

MoU was signed between the U.S. Defence Innovation Unit (DIU) and the Indian Defence Innovation Organization – Innovation for Defence Excellence (DIO-iDEX), which will look into joint projects for co-production and co-development projects through the Defence Technology and Trade Initiative (DTTI).

The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area.

Chemical Weapons Convention Act, 2000

• It was enacted to give effect to the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction signed by the government in 1993.
• It defines chemical weapons and empowers the Centre to set up a National Authority to act as the “national focal point” for effective liaison with organisations and other state parties on matters relating to the Convention and for fulfilling the obligations of the country.
• The Authority’s functions include regulation and monitoring the development, production, processing, consumption, transfer or use of toxic chemicals or precursors as specified in the Convention, among others.
• The Authority is also empowered to issue directions and even close down facilities which violate the Convention. It can liaise with other countries to seek or give assistance and protection against the use of chemical weapons.
• It defines chemical weapons as toxic chemicals, including munitions and devices, specifically designed to cause death or other harm. The definition includes in its ambit “any equipment” specifically designed for employing chemical weapons.
• It gives full power of inspection of any person who is engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or discrete organic chemical.
• Inspections extend to any place where any chemical weapon, old chemical weapon, or abandoned chemical weapon is located, or where a chemical weapon production facility exists.
• It allows inspections teams to conduct “challenge inspections” of chemical facilities in the company of an Observer. An enforcement officer under the Act shall also accompany the team.
• It was amended to give the Centre power to appoint any of its own officers, other than those of the National Authority, as enforcement officers.
• It contains provisions for restriction on transfer of any toxic chemical or precursor. It provides that no person shall, three years after April 29, 1997, transfer to or receive from any person, who is not a citizen of a state party, toxic chemicals.
• This has been amended to provide that no person shall transfer to, or receive from, a state which is not a party to the Convention, any toxic chemicals that are specified in the Act.

Woj – Telangana

Hatti – Himachal Pradesh and Uttarakhand

Kapu – Andhra Pradesh

Total Expense Ratio (TER)

News: Reduction in MF expense ratio will benefit investors

About

• It is the share of the fund that is used to meet the administrative, management and other operating expenses of the scheme
• The reduction in the TER would not only lead to greater financial inclusion and helping in attracting more investors, but also would lead to better utilisation of scarce capital resources

What is total expense ratio and why is it important for investing in mutual funds?

• Mutual funds are investments where an investor entrusts his/her money with an investment manager (of an asset management company) to manage the money smartly and efficiently.
• This money management comes at a cost, which is usually charged as a percentage of the investment.
• SEBI has laid down rules on how much an asset management company can charge an investor to manage their funds.
• For an investor this is important because it is a charge (called total expense ratio or TER in short) levied on their investment, and the money they get back from their investment is reduced by this figure.
• For example, if a fund charges 2% as the TER, and the fund produces a gross profit (return) of 15% in a given year, the investor would get 13% – which is the gross profit minus the TER – in their hands.
• So, for an investor, TER is an important number to focus on since it has a direct impact on their returns. However, it is not the only number to look at and investors should evaluate funds based on various parameters such as consistency of performance and risk levels.

What are the changes made by SEBI now to TER?

• SEBI has, across the board, lowered the. The reduction is higher for larger funds and lower for smaller funds — larger and smaller being a measure of how much money a fund manages.
• SEBI has capped the maximum TER at 2.25% for open-ended equity schemes

It’s a land-starved State, and between 1990 and 2016, West Bengal lost more to erosion. A report by the National Centre for Coastal Research (NCCR), under the Ministry of Earth Sciences, released recently said West Bengal recorded the maximum erosion of 63%, followed by Puducherry 57%, Kerala 45%, and Tamil Nadu 41%.

West Bengal, regularly hit by tides, tropical cyclones and storm surges, has suffered 63% erosion. Between 1990 and 2016, West Bengal lost 99 sq km land due to coastal erosion. The land gain in the State, due to accretion has been only 16 sq km. Sagar, the biggest island of the Sunderbans archipelago, which is home to almost 2 lakh people, is facing severe erosion on its western and south eastern parts. Islands like Ghoramara and Mousuni are also facing erosion. The same trend has been observed at Jambudweep Island and Henry Island in the Sunderbans.

https://www.thehindu.com/sci-tech/energy-and-environment/west-bengal-where-erosion-leads-to-land-loss/article24842375.ece

https://www.downtoearth.org.in/news/environment/japan-braces-for-super-typhoon-trami-61744

India has made momentous progress in reducing multidimensional poverty, according to estimates from the 2018 global Multidimensional Poverty Index (MPI) released by the United Nations Development Programme (UNDP) and the Oxford Poverty and Human Development Initiative (OPHI).

http://www.in.undp.org/content/india/en/home/sustainable-development/successstories/MultiDimesnionalPovertyIndex.html

It is a small plateau with hilly surroundings located in the Purulia district of the state West Bengal, India.

It is the easternmost part of the Chhotanagpur Plateau and extended part of Eastern Ghats range. Highest peak of Ajodhya Hills is Chamtuburu.

In 2006-07, Japan International Cooperation Agency (JICA) invested in building dams in Ayodhya hills under ‘Purulia Pump Storage Plant’ (PPSP). For the pumped storage plant two dams, both in upstream and downstream, need to be built. When water will flow downstream, it will be stored for generating electricity. During dry spell, water from the dam downstream will be pumped back into the upstream dam. While water is meant for Ranchi and Arambagh, the local tribals, who are hit by water scarcity, do not stand to benefit much from this project.

https://www.downtoearth.org.in/news/environment/tribals-voice-protest-against-power-project-in-west-bengal-s-ayodhya-hills-61666

Pakyong is a town in the East Sikkim district of the Indian state of Sikkim located in the foothills of the Himalayas.

Sikkim’s first Airport- in Pakyong inaugurated by PM.

https://www.thehindu.com/news/national/other-states/what-you-need-to-know-about-pakyong-airport-in-sikkim-indias-100th-airport/article25026303.ece