Environment Watch-Disaster management in India !!!

By UPSCTREECategories: Editorials, EnvironmentTags: disaster management

Disaster Management in India

Introduction:-

India’s geo-climatic conditions as well as its high degree of socio-economic vulnerability,makes it one of the most disaster prone country in the world. A disaster is an extreme disruption of the functioning of a society that causes widespread human, material, or environmental losses that exceed the ability of the affected society to cope with its own resources. Disasters are sometimes classified according to whether they are “natural” disasters, or “human-made” disasters.

Definition:-

The Disaster Management Act, 2005 defines disaster as “a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area”.

Types Of Disaster:-

Hazard Profile of India:-

Vulnerability Profile of India:-

India is one of the ten worst disaster prone countries of the world. The country is prone to disasters due to number of factors; both natural and human induced, including adverse geoclimatic conditions, topographic features, environmental degradation, population growth, urbanisation, industrialization, non scientific development practices etc. The factors either in original or by accelerating the intensity and frequency of disasters are responsible for heavy toll of human lives and disrupting the life supporting system in the country.
As far as the vulnerability to disaster is concerned,the five distinctive regions of the country i.e. Himalayan region, the alluvial plains, the hilly part of the peninsula, and the coastal zone have their own specific problems. While on one hand the Himalayan region is prone to disasters like earthquakes and landslides, the plain is affected by floods almost every year. The desert part of the country is affected by droughts and famine while the coastal zone susceptible to cyclones and storms.
Though peninsular India is considered to be the most stable portions, but occasional earthquakes in the region shows that geo- tectonic movements are still going on within its depth.
The western part of the country, including Rajasthan, Gujarat and some parts of Maharashtra are hit very frequently by drought situation. If Monsoon worsens the situation spreads in other parts of the country too. The disturbance in the pressure conditions over oceans, results into cyclones in coastal regions. The geo tectonic movements going on in the ocean floor make the coastal region prone to tsunami disaster too.

Disasters in India:-

1)Drought:-

The primary cause of any drought is deficiency of rainfall and in particular, the timing, distribution and intensity of this deficiency in relation to existing reserves.

A prolonged period of relatively dry weather leading to drought is a widely recognized climate anomaly.

Drought can be devastating as water supplies dry up, crops fail to grow, animals die, and malnutrition and ill health become widespread.

The environmental effects of drought, including stalinization of soil and groundwater decline, increased pollution of freshwater ecosystems and regional extinction of animal species.

In India around 68 percent of the country is prone to drought in varying degrees.

Of the entire area 35 percent receives rain falls between 750 mm and 1125 mm which is considers drought prone while 33 percent which receives rainfalls between less than 750 mm is considered to be chronically drought prone.

2)Floods:-

India is one of the most flood prone countries in the world. The principal reasons for flood lie in the very nature of natural ecological systems in this country, namely, the monsoon, the highly silted river systems and the steep and highly erodible mountains, particularly those of the Himalayan ranges.

Twenty-three states and union territories in the country are subject to floods and 40 million hectares of land, roughly one-eighth of the country’s geographical area, is prone to floods.

3)Wind and Cyclones:-

The major natural disaster that affects the coastal regions of India is cyclone and as India has a coastline of about 7516 kms, it is exposed to nearly 10 percent of the world’s tropical cyclones.

About 71 percent of this area is in ten states (Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Puducherry, Andhra Pradesh, Orissa and West Bengal).

The islands of Andaman, Nicobar and Lakshadweep are also prone to cyclones. On an average, about five or six tropical cyclones form in the Bay of Bengal and Arabian sea and hit the coast every year. Out of these, two or three are severe.

When a cyclone approaches to coast, a risk of serious loss or damage arises from severe winds, heavy rainfall, storm surges and river floods. The effect of a storm surge is most pronounced in wide and shallow bays exposed to cyclones such as in the northern part of Bay of Bengal.

Most cyclones occur in the Bay of Bengal followed by those in the Arabian Sea and the ratio is approximately 4:1.

Note :- Jammu & Kashmir is not affected by tropical cyclone, however , it has been tagged under high risk zone , because , Ladakh being a cold desert experiences intense cold wave and is a wind hazard prone zone.

Why group Wind and Cyclone zoning together ?

Ans- Although the reason behind the tagging in GOI report is unknown , however from a geographical perspective , one of the prominent feature that defines cyclone is it’s high wind speed.As Ladakh is also a wind hazard zone hence it is tagged under as _ WIND and CYCLONE hazard zone.

Reference to GOI report – http://www.bmtpc.org/topics.aspx?mid=56&Mid1=385

Here is the Map from GOI which is similar to the above map :-

4)Heat Wave:-

Extreme positive departures from the normal maximum temperature result in a heat wave
during the summer season.

5)Cold Wave and Fog:-

Occurrences of extreme low temperature in association with incursion of dry cold winds from north into the sub continent are known as cold waves. The northern parts of India, specially the hilly regions and the adjoining plains, are influenced by transient disturbances in the mid latitude westerlies which often have weak frontal characteristics. These are known as western disturbances.

UP and Bihar rank the highest in terms of casualties from cold wave and this could be due to poor level of development and lack of shelters to the outdoor workers and farmers.

5)Thunderstorm, Hailstorm and Dust Storm:-

As winter season transforms into spring, the temperature rises initially in the southern parts of India, giving rise to thunderstorms and squally weather which are hazardous in nature.

While the southernmost part of the country is free from dust storms and hailstorms, such hazardous weather affects the central, northeastern, north and northwestern parts of the country.

The hailstorm frequencies are highest in the Assam valley, followed by hills of Uttarakhand, Jharkhand and Vidarbha Maharashtra.

Tornadoes are rare in India but some of them are quite devastating.

6)Earthquakes:-

Earthquakes over 5.5 magnitude on the Richter scale are progressively damaging to property and human life.

Massive earthquakes generally occur near the junction of two tectonic plates, e.g., along the Himalayan range, where the Indian plate goes below Eurasian plate. The Indian sub- continent situated on the boundaries of two continental plates is very prone to earthquakes.

Some of the most intense earthquakes of the world have occurred in India. Fortunately, none of these have occurred in any of the major cities.

According to latest seismic zoning map brought out by the Bureau of Indian Standard (BIS), over 65 percent of the country is prone to earthquake.

7)Landslides:-

Landslides mainly affect the Himalayan region and the western ghats of India. Landslides
are also common in the Nilgiri range. It is estimated that 30 percent of the world’s landslides occur in the Himalayas.

The Himalayan mountains, which constitute the youngest and most dominating mountain system in the world, are not a single long landmass but comprises a series of seven curvilinear parallel folds running along a grand arc for a total of 3400 kilometers. Due to its unique nature, the Himalayas have a history of landslides that has no comparison with any other mountain range in the world.

Landslides are also common in western ghat. In the Nilgiris, in 1978 alone, unprecedented rains in the region triggered about one hundred landslides which caused severe damage to communication lines, tea gardens and other cultivated crops.A valley in Nilgiris is called “Avalanches Valley”.

8)Tsunami:-

Tsunamis and earthquakes happen after centuries of energy build up within the earth. A tsunami (in Japanese ‘tsu’ means harbor and ‘nami’ means wave) is a series of water waves caused by the displacement of a large volume of a body of water, usually an ocean.

9)Stampede:-

The term stampede is applied to a sudden rush of a crowd of people, usually resulting in many injuries and death from suffocation and trampling. In stampede, the term mob or crowd is used to refer to a congregated, active, polarized aggregate of people, which is basically heterogeneous and complex.

Its most salient features include homogeneity of thought and action among its participants and their impulsive and irrational actions.

10)Nuclear Emergencies:-

Nuclear emergency /Disaster is caused due to an extraordinary release of radioactive
material or radiation either in the operation of nuclear reactors or other nuclear events like
explosion of a Radiological Dispersal Device (RDD) or Improvised Nuclear Device (IND) or
explosion of a nuclear weapon.

It is accompanied with sudden release of harmful radiations or radioactive materials or both together in to the environment.

Radiation releases due to any reason can be devastating – Chernobyl is a good example.
With modern reactor design, a catastrophic release of radiation is highly unlikely, but nevertheless,possible. This can happen due to factors beyond the control of the operating agencies e.g., human error, system failure, sabotage, earthquake, cyclone, flood and tsunami etc.

11)Epidemics:-

Infectious diseases are a major public health problem in India. While many infectious
diseases like tuberculosis and malaria are endemic, some of them occasionally attain epidemic proportion.

Epidemics are public health emergencies which disrupt routine health services and are major drain on resources. Epidemics include viral infections disease (mengitis, measles, dengue, polio,
typhoid fever etc.) and Bacterial infectious diseases (cholera, diarrheoa etc.) .

The main causes for epidemic are non availability of clean and hygienic drinking water contamination of drinking water sources, lack of awareness about sanitation, unhygienic food, overcrowding, biological conditions in addition to ecological factors.

Besides direct costs in epidemic control measures and treatment of patients, the indirect costs due to negative impact on domestic and international tourism and trade can be significant. For example, plague which was not reported from any part of India for almost a quarter of century, caused a major outbreak in Beed district in Maharashtra and Surat in Gujarat in 1994 and resulted in an estimated loss of almost US$ 1.7 billion.

Because of prevalence of these factors, developing countries including India are frequently affected by epidemics/ outbreaks which result in high morbidity and mortality and affect the public health and economy adversely.

During the last two decades of the 19th century (1982-2001), natural disasters in India had claimed a total death toll of around 1, 07,813 people (on an average more than 5,390 death toll every year)

Disaster Management in India

1)Evolution of Disaster Management in India

Disaster management in India has evolved from an activity-based reactive setup to a proactive institutionalized structure; from single faculty domain to a multi-stakeholder setup; and from a relief-based approach to a ‘multi-dimensional pro-active holistic approach for reducing risk’.

Over the past century, the disaster management in India has undergone substantive changes in its composition, nature and policy.

2)Emergence of Institutional Arrangement in India-

A permanent and institutionalised setup began in the decade of 1990s with set up of a disaster management cell under the Ministry of Agriculture, following the declaration of the decade of 1990 as the ‘International Decade for Natural Disaster Reduction’ (IDNDR) by the UN General Assembly.

Consequently, the disaster management division was shifted under the Ministry of Home Affairs in 2002

3)Disaster Management Framework:-

Shifting from relief and response mode, disaster management in India started to address the
issues of early warning systems, forecasting and monitoring setup for various weather related
hazards.

National Level Institutions:-National Disaster Management Authority (NDMA):-

The National Disaster Management Authority (NDMA) was initially constituted on May 30, 2005 under the Chairmanship of Prime Minister vide an executive order.

SDMA (State Level, DDMA(District Level) also present.

National Crisis Management Committee (NCMC)

Legal Framework For Disaster Management :-

DMD- Disaster management Dept.

NIDM- National Institute of Disaster Management

NDRF – National Disaster Response Fund

Cabinet Committee on Disaster Management-

Location of NDRF Battallions(National Disaster Response Force):-

CBRN- Chemical, Biological, Radiological and Nuclear

Policy and response to Climate Change :-

1)National Action Plan on Climate Change (NAPCC)-

National Action Plan on Climate Change identified Eight missions.
• National Solar Mission
• National Mission on Sustainable Habitat
• National Mission for Enhanced Energy Efficiency
• National Mission for Sustaining The Himalayan Ecosystem
• National Water Mission
• National Mission for Green India
• National Mission for Sustainable Agriculture
• National Mission for Strategic Knowledge on Climate Change

2)National Policy on Disaster Management (NPDM),2009-

The policy envisages a safe and disaster resilient India by developing a holistic, proactive, multi-disaster oriented and technologydriven strategy through a culture of prevention, mitigation, preparedness and response. The policy covers all aspects of disaster management including institutional and legal arrangements,financial arrangements, disaster prevention, mitigation and preparedness, techno-legal regime, response, relief and rehabilitation, reconstruction and recovery, capacity development, knowledge management, research and development. It focuses on the areas where action is needed and the institutional mechanism through which such action can be channelised.

Prevention and Mitigation Projects:-

Mainstreaming of Disaster Risk Reduction in Developmental Strategy-Prevention and mitigation contribute to lasting improvement in safety and should beintegrated in the disaster management. The Government of India has adopted mitigation and prevention as essential components of their development strategy.
Mainstreaming of National Plan and its Sub-Plan
National Disaster Mitigation Fund
National Earthquake Risk Mitigation Project (NERMP)
- National Building Code (NBC):- Earthquake resistant buildings
National Cyclone Risk Mitigation Project (NCRMP)
- Integrated Coastal Zone Management Project (ICZMP)-The objective of the project is to assist GoI in building the national capacity for implementation of a comprehensive coastal management approach in the country and piloting the integrated coastal zone management approach in states of Gujarat, Orissa and West Bengal.
National Flood Risk Mitigation Project (NFRMP)
National Project for Integrated Drought Monitoring & Management
National Vector Borne Diseases Control Programme (NVBDCP)- key programme
for prevention/control of outbreaks/epidemics of malaria, dengue, chikungunya etc., vaccines administered to reduce the morbidity and mortality due to diseases like measles, diphtheria, pertussis, poliomyelitis etc. Two key measures to prevent/control epidemics of water-borne diseases like cholera, viral hepatitis etc. include making available safe water and ensuring personal and domestic hygienic practices are adopted.

Early Warning Nodal Agencies:-

Post Disaster Management :-Post disaster management responses are created according to the disaster and location. The principles being – Faster Recovery, Resilient Reconstruction and proper Rehabilitation.

Capacity Development:-

Components of capacity development includes :-

Training
Education
Research
Awareness

National Institute for Capacity Development being – National Institute of Disaster Management (NIDM)

International Cooperation-

Hyogo Framework of Action- The Hyogo Framework of Action (HFA) 2005-2015 was adopted to work globally towards sustainable reduction of disaster losses in lives and in the social, economic and environmental assets of communities and countries.
United Nations International Strategy for Disaster Reduction (UNISDR)-In order to build the resilience of nations and communities to disasters through the implementation of the HFA , the UNISDR strives to catalyze, facilitate and mobilise the
commitment and resources of national, regional and international stakeholders of the ISDR
system.
United Nation Disaster Management Team (UNDMT) –
1. To ensure a prompt, effective and concerted country-level support to a governmental
  response in the event of a disaster, at the central, state and sub-state levels,
2. To coordinate UN assistance to the government with respect to long term recovery, disaster mitigation and preparedness.
3. To coordinate all disaster-related activities, technical advice and material assistance provided by UN agencies, as well as to take steps for optimal utilisation of resources by UN agencies.
Global Facility for Disaster Risk Reduction (GFDRR):-
1. GFDRR was set up in September 2006 jointly by the World Bank, donor partners (21countries and four international organisations), and key stakeholders of the International Strategy for Disaster Reduction (UN-ISDR). It is a long-term global partnership under the ISDR system established to develop and implement the HFA through a coordinated programme for reversing the trend in disaster losses by 2015.
2. Its mission is to mainstream disaster reduction and climate change adaptation in a country’s development strategies to reduce vulnerability to natural hazards.
ASEAN Region Forum (ARF)
Asian Disaster Reduction Centre (ADRC)
SAARC Disaster Management Centre (SDMC)
Program for Enhancement of Emergency Response (PEER):-The Program for Enhancement of Emergency Response (PEER) is a regional training programme initiated in 1998 by the United States Agency for International Development’s, Office of U.S Foreign Disaster Assistance (USAID/OFDA) to strengthen disaster response capacities in Asia.

Way Forward:-

Principles and Steps:-

Policy guidelines at the macro level that would inform and guide the preparation and
implementation of disaster management and development plans across sectors
Building in a culture of preparedness and mitigation
Operational guidelines of integrating disaster management practices into development, and
specific developmental schemes for prevention and mitigation of disasters
Having robust early warning systems coupled with effective response plans at district, state
and national levels
Building capacity of all stakeholders
Involving the community, NGOs, CSOs and the media at all stages of DM
Addressing gender issues in disaster management planning and developing a strategy for
inclusive approach addressing the disadvantaged sections of the society towards disaster risk reduction.
Addressing climate risk management through adaptation and mitigation
Micro disaster Insurance
Flood Proofing
Building Codes and Enforcement
Housing Design and Finance
Road and Infrastructure

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Context:-

At the recently concluded Leaders’ Summit on Climate in April 2021, Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund plan that shall be offered to countries committed to arrest the decline of their tropical forests by 2030.

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What is LEAF Coalition?

Lowering Emissions by Accelerating Forest Finance (LEAF) Coalition, a collective of the United States, United Kingdom and Norway governments, came up with a $1 billion fund.
LEAF is supported by transnational corporations (TNCs) like Unilever plc, Amazon.com, Inc, Nestle, Airbnb, Inc as well as Emergent, a US-based non-profit.

Why LEAF Coalition?

The world lost more than 10 million hectares of primary tropical forest cover last year, an area roughly the size of Switzerland.
Ending tropical and subtropical forest loss by 2030 is a crucial part of meeting global climate, biodiversity and sustainable development goals. Protecting tropical forests offers one of the biggest opportunities for climate action in the coming decade.
Tropical forests are massive carbon sinks and by investing in their protection, public and private players are likely to stock up on their carbon credits.
The LEAF coalition initiative is a step towards concretising the aims and objectives of the Reducing Emissions from Deforestation and Forest Degradation (REDD+) mechanism.
REDD+ was created by the United Nations Framework Convention on Climate Change (UNFCCC). It monetised the value of carbon locked up in the tropical forests of most developing countries, thereby propelling these countries to help mitigate climate change.
It is a unique initiative as it seeks to help developing countries in battling the double-edged sword of development versus ecological commitment.
The initiative comes at a crucial time. The tropics have lost close to 12.2 million hectares (mha) of tree cover last year according to global estimates released by Global Forest Watch.
Of this, a loss of 4.2 mha occurred within humid tropical primary forests alone. It should come as no surprise that most of these lost forests were located in the developing countries of Latin America, Africa and South Asia.
Brazil has fared dismally on the parameter of ‘annual primary forest loss’ among all countries. It has lost 1.7 mha of primary forests that are rich storehouse of carbon. India’s estimated loss in 2020 stands at 20.8 kilo hectares.

Brazil & India

Between 2002-2020, Brazil’s total area of humid primary forest reduced by 7.7 per cent while India’s reduced by 3.4 per cent.
Although the loss in India is not as drastic as in Brazil, its position is nevertheless precarious. For India, this loss is equivalent to 951 metric tonnes worth carbon dioxide emissions released in the atmosphere.
It is important to draw comparisons between Brazil and India as both countries have adopted a rather lackadaisical attitude towards deforestation-induced climate change. The Brazilian government hardly did anything to control the massive fires that gutted the Amazon rainforest in 2019.
It is mostly around May that forest fires peak in India. However, this year India, witnessed massive forest fires in early March in states like Odisha, Uttarakhand, Madhya Pradesh and Mizoram among others.
The European Union’s Copernicus Atmospheric Monitoring Service claimed that 0.2 metric tonnes of carbon was emitted in the Uttarakhand forest fires.

According to the UN-REDD programme, after the energy sector, deforestation accounts for massive carbon emissions — close to 11 per cent — in the atmosphere. Rapid urbanisation and commercialisation of forest produce are the main causes behind rampant deforestation across tropical forests.

Tribes, Forests and Government

Disregarding climate change as a valid excuse for the fires, Indian government officials were quick to lay the blame for deforestation on activities of forest dwellers and even labelled them “mischievous elements” and “unwanted elements”.

Policy makers around the world have emphasised the role of indigenous tribes and local communities in checking deforestation. These communities depend on forests for their survival as well as livelihood. Hence, they understand the need to protect forests. However, by posing legitimate environmental concerns as obstacles to real development, governments of developing countries swiftly avoid protection of forests and rights of forest dwellers.

For instance, the Government of India has not been forthcoming in recognising the socio-economic, civil, political or even cultural rights of forest dwellers. According to data from the Union Ministry of Tribal Affairs in December, 2020 over 55 per cent of this population has still not been granted either individual or community ownership of their lands.

To make matters worse, the government has undertaken systematic and sustained measures to render the landmark Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ineffective in its implementation. The Act had sought to legitimise claims of forest dwellers on occupied forest land.

Various government decisions have seriously undermined the position of indigenous people within India. These include proposing amendments to the obsolete Indian Forest Act, 1927 that give forest officials the power to take away forest dwellers’ rights and to even use firearms with impunity.

There is also the Supreme Court’s order of February, 2019 directing state governments to evict illegal encroachers of forest land or millions of forest dwellers inhabiting forests since generations as a measure to conserve wildlife. Finally, there is the lack of data on novel coronavirus disease (COVID-19) deaths among the forest dwelling population;

Tardy administration, insufficient supervision, apathetic attitude and a lack of political intent defeat the cause of forest dwelling populations in India, thereby directly affecting efforts at arresting deforestation.

Way Forward

Implementation of the LEAF Coalition plan will help pump in fresh rigour among developing countries like India, that are reluctant to recognise the contributions of their forest dwelling populations in mitigating climate change.
With the deadline for proposal submission fast approaching, India needs to act swiftly on a revised strategy.
Although India has pledged to carry out its REDD+ commitments, it is impossible to do so without seeking knowledge from its forest dwelling population.

Tuntiak Katan, a global indigenous leader from Ecuador and general coordinator of the Global Alliance of Territorial Communities, aptly indicated the next steps at the Climate Summit:

“The first step is recognition of land rights. The second step is the recognition of the contributions of local communities and indigenous communities, meaning the contributions of indigenous peoples.We also need recognition of traditional knowledge practices in order to fight climate change”

Perhaps India can begin by taking the first step.

INTRODUCTION:-

The Constitution of India was adopted on 26 November 1949, which means it was finalised by the Constituent Assembly on that day. But it became operative two months after its adoption, i.e., on 26 January 1950, which is also known as the date of its “commencement”.

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However, some provisions of it, i.e., those relating to citizenship, elections, provisional Parliament, temporary and transitional provisions had become operative on 26 November 1949 itself. The reason for its commencement after two months of its adoption was to signify the January 26 as the original date of achievement of Independence.

It was this day, i.e. 26th January, in 1930 which the Indian National Congress (INC) had first celebrated as the Independence Day of India. It is important to note that the Constitution of India is product of a longdrawn process and deliberations.

EVOLUTION OF THE INDIAN CONSTITUTION 1858-1935

The Constitution of India embodies provisions providing basic democratic rights of human beings including the persons who are not Indian citizens. It also embodies provisions for the availability of institutions for legislation, execution and jurisdiction for the fulfilment these rights.

It presents a vision for social transformation and deepening of democracy in India. The process of evolution of democratic institutions and rights had started much before the Constituent Assembly really made the Constitution of India.

It, however, must be underlined that the features of democratic institutions and values which were introduced during the colonial period were meant to serve the colonial interests in contrast to the purpose of the provisions of the Constitution made by the Constituent Assembly of India.

Although the Indian Constitution was result of the deliberations (from December 9, 1947 to November 26, 1949) of the Constituent Assembly, some of its features had evolved over three quarters of a century through various Acts, i.e., from 1858 to 1935.

The Government of India Act, 1935, and Other Acts

With the transfer of power from the East India Company to the British Crown, the British Parliament got involved in managing affairs of India. For achieving this purpose, from 1858 till 1935, the colonial government introduced certain features of constitution or rules of governance through different Acts. The Government of India Act, 1935 was the most important among these Acts.

First of these other Acts was Government of India Act, 1858. It provided for a combination of centralised and decetralised power structure to govern India. The centralised structure was introduced in the areas which were under the direct control of the Crown. These areas were known as British India provinces or provinces. The decentralized structure was introduced in the areas which were not under the direct control of the Crown. These areas were ruled by the Indian princes, and were known as princely states or states.

Under this system, the princes had freedom to govern in all internal matters of their princely states, but they were subject to the British control. In the centralized structure of power which was introduced in the provinces, all powers to govern India vested in the Secretary of State for India (and through him in the Crown). He acted on behalf of the Crown.

He was assisted by a fifteen-member council of ministers.There did not exist separation of executive, legislative and judicial functions of government; these all were concentrated in the hands of the Secretary of State for India. In British India, the Secretary of State of India was assisted by the Viceroy, who was assisted by an executive council.

At the district level, the viceroy was assisted by a small number of British administrators. The provincial government did not have financial autonomy. In 1870 viceroy Lord Mayo ensured that all parts of provincial administration received due share of revenue to meet their needs.

The scope of political institutions in the provinces was expanded a little further following the introduction of Council of India Act, 1909. This Act introduced for the first time a “representative element” in British India, which included elected non-official members.This Act also introduced separate representation to Muslim community.

The Government of India Act 1919 devolved some authority to the provincial governments, retaining the control of the central government (unitary government) on them.It relaxed the control of the central government in a limited way. It divided the subjects for jurisdiction of administration and sources of revenue between centre and provinces.

Under this arrangement, the provincial government was given control on resources of revenue such as land, irrigation and judicial stamps. The provincial subjects were divided into “transferred’ and “reserved” categories.

The “transferred” subjects were governed by the governor, and “reserved” subjects were governed by the legislature. The governor (executive head) was not accountable to the legislature.

The Government of India Act, 1935 was different from the earlier Government of India Acts. Unlike the earlier Acts, the Government of India Act, 1935 also provided for provincial government enjoying provincial autonomy. It provided “safeguards” for minorities.

Such “safeguards” included provisions for separate representations to Muslims, Sikhs, the Europeans, Indian Christians and Anglo-Indians. This Act also provided for three lists of divisions of power between the federation (central government) and provinces: federal (central), concurrent and provincial.

The Act also provided for establishment of a federal court to adjudicate disputes between federation and provinces. The executive head of the provincial government was Governor, who enjoyed special power. Under the special power the Governor could veto the decisions of the provincial legislature.

He acted on behalf of the Crown, and was not a subordinate of the Governor-General (the changed designation of Viceroy). He enjoyed discretionary powers to exercise his “individual judgments” in certain matters. In such matters, he did not need to work under the advice of ministers: he was to act under the control of the Governor-General, and indeed the Secretary of the State.

He was also not accountable to the legislature but he was required to act on the advice of ministers, who were accountable to the legislature.

Government of India Act, 1935 also had provisions for setting up a central government consisting of representatives from the provinces(areas ruled by the British India government) and the states (the areas covered under princely states).Such government was supposed to be known as federal government because of composition with members both from provinces and the states.

However, the federal government could not be formed because there was no unanimity among the princes to join the federation; consent of all princes was essential for the formation of federation. Thus, only the provincial governments could be formed as per this Act.

And election to the provincial legislature as per the Government of India Act, 1935 was held in 1937. Following the election of 1937, provincial governments headed by the Indian National Congresswere formed in eight provinces. The Indian National Congress government resigned in 1937. Nevertheless, according to M. Govinda Rao and Nirvikar Singh (2005), the Government of India Act, 1935 provided a basis to the Constituent Assembly to make the Constitution.

The Nehru Report(1928): First Indian Initiative to Draft Constitution

As you have read above, attempts to introduce elements of constitution in British India through different Act since 1858 were made by the British rulers. Indians had no role in it.

The first attempt by Indians themselves to prepare a Constitution of India was made in the Nehru Report(1928).Earlier, effort by Indians was made in the name of the swaraj (self-rule) by leaders of Indian national movement during the non-cooperation movement in 1921-22.

The Nehru Report was known as such because it was named after the chairman of its drafting committee, Motilal Nehru. The decision to constitute the drafting committee was taken in the conference of the established All India parties. The principal among these parties included Indian National Congress, Swaraj Party and Muslim League. The Justice Party of Madras and Unionist Party of Punjab did not participate in this meeting.

The Nehru Report demanded universal suffrage for adults and responsible government both in the centre and in the provinces. It, however, supported the Dominion Status, not complete independence for India.

It meant that Indians would have freedom to legislate on certain limited matters under the control of the British India government. For this, the Nehru Report prepared list of central and provincial subjects, and fundamental rights. It also raised demands for universal suffrage for men and women adults.

Indeed, it was in 1934, a few years after the preparation of the Nehru report, that the Indian National Congress officially demanded a constitution of Indian people, without the interference of outsiders.

FORMATION OF THE CONSTITUENT ASSEMBLY

The Cripps Mission

Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances – the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians.

In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them.

The draft proposals of the Cripps Mission recommended the following:

providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time.
Such provinces were to be free to enter separate constitutional arrangements.

Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India.

The Cabinet Mission

The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful.

The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander.

The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India.

The Cabinet delegation made the following recommendations:

there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication;
all residuary powers would belong to the Provinces and the States;
the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required;
the provinces would be free to form Groups with executives and legislatures;
and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.

Election to the Constituent Assembly

Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies.

However, differences between the Indian National Congress and the Muslim League arose on interpretation of “Group Clauses” of the Cabinet Mission.

The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States.

As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League.

NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION

It is often argued that the Constituent Assembly of India did not represent the masses of India because its representatives were not elected through the universal adult franchise. Rather they were indirectly elected by the restricted adult franchise confined to the elite sections of society – the educated and tax payers.

According to Granville Austin the reasons for the restricted franchise and indirect election to the Constituent Assembly members were spelled by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making.

The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly.

Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity.

There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parsis, etc).

In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian National Congress. It also included more than a dozen non-Indian National Congress members.

Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerji represented the Hindu Mahasabha.

The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command.

The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise.

The Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation.

Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly.

Some of them were Rajendra Prasad, Maulan Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayan Sinha. Though the Constituent Assembly was the sole forum where deliberations took place, yet the deliberations took place in coordination of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government.

Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly.Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly.

Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly.

The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution.

Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamachari, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was away in America and his place was not filled up, and another person was engaged in State Affairs, and there was a void to that extent. One or two people were far away from Delhi and perhaps reasons of health did not permit them to attend. So it happened ultimately that the burden of drafting this constitution fell upon Dr. Ambedkar and I have no doubt that we are grateful to him for having achieved this task in a manner which is undoubtedly commendable.”

Dr. Ambedkar on his part “gave much of credit” to S.N. Mukerjee – B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”.

THE ROLE OF THE CONSTITUENT ASSEMBLY IN THE MAKING OF INDIAN CONSTITUTION 1946-1949

The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it.

As stated earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly.

The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were:

(a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members;

(b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman;

(c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopalaswami Iyangar and Bhagwan Das;

(d) Provincial Constitution Committee. It had 25 members with Sardar Patel as its chairman;

(e) Committee on Union Constitution. It had 15 members with Jawahalal Nehru as its chairman.

After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedakar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly.

A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948.

It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading.

It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution.

SALIENT FEATURES OF THE CONSTITUION

The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”.

The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935.

The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy.The constituent makers preferred universal adult franchise over the separate electorates.

Universal Adult Suffrage and Abolition of the Separate Electorate

After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these should be incorporated in other places in the Constitution.

One such example is that of the Universal suffrage, and Secrete and periodic elections. The sub Committee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights.

Accordingly, it was placed in the Article 326 of the Part XV on election.The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise.

In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate.

The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution.

The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote.

In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact.

According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate.The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution.

CONCLUSION

The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts.

These also included the elements of representation of Indians in the institutions of governance. The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement.

Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constitient Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians.

The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies.

It also represented different social groups of India. The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India.

The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities.

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