India’s Position in Atomic Energy Production:-
At present India with twenty one (21) nuclear power reactors, stands seventh (7) among thirty one (31) countries with nuclear power in terms of number of reactors and thirteenth (13) in terms of electricity generation.
The present nuclear power installed capacity of 5780 MW is expected to shortly increase to 6780 MW within this financial year with the start of commercial operation of Kudankulam Unit-2 (KKNPP-2) in accordance with stage-wise clearances of Atomic Energy Regulatory Board (AERB).
This unit has already attained first criticality (start of controlled self sustaining nuclear fission chain reaction for the first time) on July 10, 2016. The installed capacity is expected to increase to 10080 MW by the year 2019 on progressive completion of projects under construction.
India has signed nuclear agreements for cooperation in the peaceful uses of nuclear energy with Russia, United States of America (USA), France, Australia, United Kingdom, Czech Republic, Republic of Korea, Kazakhstan, Argentina, Canada, Vietnam and Sri Lanka. India proposes to sign such an agreement with Japan in future.
Steel industry seeks extension of MIP :-
The steel industry has urged the Centre to continue the minimum import price (MIP) protection scheme to guard against increased imports, user-industries have started protesting against any extension of the scheme.
MIP for Steel Industry:-
- The MIP scheme was introduced in February, 2016 for six months.Post-MIP, the industry has been able to marginally improve its viability after a prolonged period of subdued prices and eroded profit margins
- While MIP cannot possibly be an all-encompassing framework for a complete turnaround of the Indian steel industry, it has provided a cushion against surging imports
- The Indian steel industry does not see MIP as a perpetual protectionist step, but as a necessary temporary measure that will allow time for recovery.
- The accelerating imports at predatory prices from three steel-surplus Asian countries(read China) has been a major concern for the domestic industry since 2014.
- Steel imports, which had peaked in July 2015 registering a 114.6 per cent increase year-on-year, started to decline around November 2015 (when a provisional safeguard duty was imposed). Post-MIP it has dropped in range of 24.6 per cent and 43.1 per cent in the first quarter of the current fiscal.
Act East Policy
- The Act East Policy (AEP) focuses on the extended neighbourhood in the Asia-Pacific region.
- AEP provides an interface between India and the Association of Southeast Asian Nations (ASEAN) region.
- The policy which was originally conceived as an economic initiative, has gained political, strategic and cultural dimensions.
- On the domestic front, the Government has taken measures for time bound completion of critical infrastructure projects in the North Eastern Region (NER) relating to road, rail, inland water transport, power, airports and telecom connectivity.
Various Govt. Schemes to Boost Exports:-
(i) The Merchandise Exports from India Scheme (MEIS) :- It was introduced in the Foreign Trade Policy (FTP) 2015-20 with effect from April 1, 2015. MEIS aims to incentivize export of merchandise which is produced/ manufactured in India.
(ii) Interest Equalisation Scheme on Pre & Post Shipment Rupee Export Credit :- The rate of interest equalisation is 3% per annum.
(iii) Market Access Initiative (MAI) Scheme :- It is an Export Promotion Scheme envisaged to act as a catalyst to promote India’s exports on a sustained basis. The scheme provides assistance to Export Promotion Organizations/Trade Promotion Organizations/National Level Institutions/ Research Institutions /Universities /Laboratories, Exporters etc., for enhancement of exports through accessing new markets or through increasing the share in the existing markets.
(iv) Market Development Assistance (MDA) Scheme is under operation through the Department of Commerce to assist exporters for export promotion activities abroad, assist Export Promotion Councils(EPCs) to undertake export promotion activities for their product(s) and commodities and assist approved organizations/ trade bodies in undertaking exclusive non-recurring innovative activities connected with export promotion efforts for their members.
INDO-US Clean Energy Fund :-
India and the United States of America (USA) will be jointly working for the creation of US $ 20 million for US-India Energy Finance Initiatives, equally supported by the USA and India, which is expected to mobilize up to US $ 400 million to provide finances for clean and renewable electricity by 2020.
Four New Ports Proposed in Country (Can be important for Mapping purposes)
- Enayam in Tamil Nadu,
- Sagar in West Bengal,
- Dugarajpatnam in Andhra Pradesh
- Vadhawan in Maharashtra.
Generations and Journeys – Survey and Findings :- Poor saving habit
A survey by HSBC (Hong Kong and Shanghai Banking Corporation Limited) named ‘Generations and Journeys’ observed that “a large number (47 per cent) of working age people in India have either not started saving for their retirement or have stopped or faced difficulties while saving for their future.”
The report also observed that 21 per cent of the working age population surveyed have not even started saving for retirement.
Household saving has two components—financial saving and physical saving.
Household financial savings consists of their savings in terms of financial assets like bank deposits, shares and debentures, etc.
Household physical saving consists of household construction, their possession of machinery and equipment and valuables, etc.
It is not clear from the published report of the HSBC Survey whether it refers only to the financial savings of the Indian labour force.
The data from the National Accounts reveal that in 2014-15, Indian households saved about 19.1 per cent of the of the Gross domestic product, of which their physical savings consisted of 11.4 percentage points and financial savings consisted of 7.7 percentage points, indicating that Indian households save more in physical form than in financial assets.
The Survey conducted by the National Sample Survey Office during January-December 2013 on Household Assets and Liabilities revealed that about 82.2 per cent of the rural households and 81.1 per cent of the urban households reported possession of bullion and ornaments.
The strong bullion preference of Indian households, along with the generally high inflation and inadequate access to banking and financial channels that prevailed during the last decade, to a great extent, explained the saving behavior of Indian households.
Issues Raised by India in WTO
A declaration was adopted at the Tenth Ministerial Conference of the World Trade Organization (WTO), held in Nairobi, Kenya, from 15 to 19 December 2015.
It comprises six Ministerial Decisions on agriculture, cotton and issues related to least-developed countries (LDCs). These cover an agricultural Special Safeguard Mechanism (SSM) for developing countries, public stockholding for food security purposes, a commitment to abolish export subsidies for farm exports and measures related to cotton.
The Ministerial Decision relating to Cotton does not prohibit subsidies to the cotton sector and India can continue to provide domestic support to cotton, as per the existing WTO rules and commitments. The Ministerial Decision relating to export competition stipulates that export subsidies to the cotton sector will be eliminated by developed countries immediately and by developing countries with effect from 1 January 2017. Presently export subsidies can be provided by only a few members, mainly developed countries, who had been giving such subsidies and had scheduled the same following the Uruguay Round of trade negotiations. India was not giving such subsidies and had not scheduled them and therefore, does not have such an entitlement. The elimination of export subsidies by developed countries will help the cotton industry in developing countries, including India, to become more competitive.
India negotiated a Ministerial Decision which recognizes that developing countries will have the right to have recourse to an agricultural Special Safeguard Mechanism (SSM) as envisaged in the mandate of the Doha round of trade negotiations.
Negotiations on the SSM will be held in dedicated sessions and the WTO General Council has to regularly review the progress. The SSM is intended to help developing countries protect their agriculture sector from the effects of import surges.
Impact of MES to China
Apart from ongoing internal assessments, there are studies available which basically postulate on the possible implications of China being granted Market Economy Status(MES).
The WTO did not distinguish between non-market economy and market economies before 1955, when the second paragraph of the addendum to article VI of the General Agreement on Tariffs and Trade (GATT) was introduced.
The addendum acknowledges that non-market economy policies can introduce price distortions. These distortions can render price comparability between the normal value, determined as the domestic price of a certain good in the export country, and the export price of that same good applied by the exporters of that same country, impossible.
The accurate comparability of these two values is fundamental for calculating the dumping margin and determining applicable dumping duties. The addendum therefore allows importing countries to take into account alternative methodologies if comparing of domestic prices of the exporting country is inappropriate.
The addendum’s alternative approach can be used by any importing country that can prove the exporting country complies with the definition of a Non-Market Economy under the addendum.
The main implication of NME status in anti-dumping proceedings is the possibility to use other methodologies to determine the normal value of the good, instead of using domestic prices to compute the dumping margin.
In general, NME methodologies to calculate normal value have proven to lead to higher anti-dumping duties. In view of these higher duties, and the fact that China faces the highest number of anti-dumping investigations, obtaining earlier recognition of Market Economy Status (MES) has been one of the country’s major foreign policy objectives since 2003.
India also has a large number of anti-dumping investigations against China. Out of the 131 measures in force, 87 measures are against China.
In these investigations, in several cases, China has been considered a Non Market Economy (NME) on account of significant direct or indirect state control in the enterprise or in major operation, raw material and utility supplies, provision of land and transfer of erstwhile State controlled old plants and production units at nominal prices thereby affecting the cost and prices of the goods and services.
Our investigating authorities treat certain Chinese industries, on a case to case basis, as operating under market conditions for the purpose of arriving at the normal values. If China is treated as having a Market Economy Status then the cost and prices of the Chinese Producers would have to be accepted across board, for determination of the normal values and dumping margins.
Under Section 15 of the Chinese WTO Accession Protocol, China can be treated as a non-market economy (NME) in anti-dumping proceedings if Chinese firms cannot prove that they operate under market economy conditions.
China has argued that, according to Section 15(d) of the WTO Accession Protocol, the Section 15 provision allowing for NME methodology expires after 11 December 2016, resulting in a legal obligation to grant MES to China after that date. This interpretation of the section remains highly controversial.
Several countries have granted earlier recognition of MES to China, mainly as a condition for negotiating free trade agreements (FTA) with China.
In addition to India, the main countries which still consider China an NME are the US, Canada, Japan and the European Union (EU).
Bio-Toilets Developed by DRDO
The bacteria from Antarctica are components of anaerobic microbial consortium that is used for seeding (inoculation) of bio-digesters.
The consortium is composed of bacteria belonging to four groups, which work in sequential manner. The Antarctic bacteria which are cold active (work in wide temperature range) constitute the first two groups, i.e. hydrolytic & acidogenic. Cow dung, being abundantly available at low cost, has been used for multiplication of bacteria used in the bio-digester.
The cow dung is used only during multiplication of bacteria in the inoculums generation facility, which is a closed system. Once it is consumed by the bacteria and converted into a form that does not have any fly attractant property and rather detract them. Final bacteria fed into the bio-digester do not have any unpleasant odour and get washed away in the bio-digester within few days. At present, no additional measures are required to prevent them.
Endangered Species
The Government has established a Protected Area (PA) Network (730 PAs including 103 National Parks, 535 Wildlife Sanctuaries, 26 Community Reserves, and 66 Conservation Reserves in different biogeographic regions) towards conservation of threatened (including endangered and vulnerable) species, which primarily covers habitats of threatened megafauna, such as tiger, rhino, elephant, etc.
Biological Diversity Act, 2002, was enacted to ensure protection of threatened species and their habitats. Under the provisions of Section 38 of the National Biodiversity Act, 2002, the species which are on the verge of extinction or likely to become extinct in near future as threatened species, are notified.
The Centrally Sponsored Scheme ‘Integrated Development of Wildlife Habitats’ has been modified in 2008-09 by including a new component namely ‘Recovery of Endangered Species’ and 17 species have been identified for recovery viz. Snow Leopard, Bustard (including Floricans), River Dolphin, Hangul, Nilgiri Tahr, Marine Turtles, Dugong & Coral reefs, Edible Nest Swiftlet, Asian Wild Buffalo, Nicobar Megapode, Manipur Brow-antlered Deer, Vultures, Malabar Civet, Indian Rhinoceros, Asiatic Lion, Swamp Deer and Jerdon’s Courser.
The Wild Life (Protection) Act, 1972 has been enacted for protection of wild animals, birds and plants against hunting and commercial exploitation. The Central Bureau of Investigation (CBI) has been empowered under the Wild Life (Protection) Act, 1972 to apprehend and prosecute wildlife offenders. The Wildlife Crime Control Bureau has been set up for control of poaching and illegal trade in wildlife and its products.
Amendment in Section 309 and 377 of IPC-Decrminalizing suicide
The Law Commission of India, in its 210th Report: “Humanization and Decriminalization of Attempt to Suicide” had recommended that Section 309 (attempt to commit suicide) of IPC needs to be effaced from the statute book.
A draft amendment is presently under examination in the Ministry. As regards Section 377 of IPC, it is stated that pursuant to Curative Petition (Civil) 88-102 of 2014 before the Supreme Court, the Supreme Court referred the matter to a Five Judges Bench and as such the matter is currently sub-judice.
Amendments in the Criminal Justice System is a continuous process in order to make the laws in sync with social changes. The amendments in the Indian Penal Code (IPC) and the code of Criminal Procedure (CrPC) are carried out from time to time based on the recommendations of the Law Commission of India, various Court judgments and the reports of any other committees specially constituted for the purpose.
India’s Indc Targets
Under its Intended Nationally Determined Contribution (INDCs), India has indicated that it will achieve about 40 percent cumulative electric power installed capacity from non-fossil fuel based energy resources by 2030 with the help of transfer of technology and low cost international finance including from Green Climate Fund (GCF). The contributions under INDC have to be achieved by 2030.
India has set renewable power deployment target of 175 GW by the year 2022, which includes 100 GW from solar and 60 GW from wind energy.
Pradhan Mantri Rojgar Protsahan Yojana
The scheme is being implemented by the Ministry of Labour and Employment in 2016-17. Under the scheme employers would be provided an incentive for enhancing employment by reimbursement of the 8.33% EPS contribution made by the employer in respect of new employment.
The PMRPY scheme is targeted for workers earning wages upto Rs. 15,000/- per month. Publicity and awareness campaign is an integral component of the PMRPY scheme for encouraging employers including Micro, Small and Medium Enterprises (MSMEs) to avail benefits.
Buddhist remains unearthed in A.P.
- Buddhist remains on a mound called ‘Ernamma Pallu Dibba’ were unearthed in Krishna district.
- These remains, basing on the style of art and architecture are datable to the 3rd Century AD — i.e., Ikshwaku times.
- The inscription issued by Upasika Bodhisiri, wife of a mariner, mentioned that she built a stone-pillared pavilion at Ghantasala for the benefit of the devotees visiting the mahastupa
Amendments to the Maternity Benefit Act, 1961
The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.
The amendments to Maternity Benefit Act, 1961 are as follows:
• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two children.
• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.
• Facilitate ‘Work from home’. • Mandatory provision of Creche in respect of establishment having 50 or more employees.
Justification:
• Maternal care to the Child during early childhood – crucial for growth and development of the child.
• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.
• Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.
• In Tripartite consultations, all stake holders, in general supported the amendment proposal.
Technology Acquisition and Development Fund
- To provide funding support to SMEs for the acquisition and development of clean and green technology.
- The Scheme is applicable to all existing and new Micro, Small and Medium Enterprises (MSMEs) including those in the National Investment and Manufacturing Zones (NIMZs) in respect of their investments made after notification of the Scheme.
‘State of ICT in Asia and the Pacific 2016: Uncovering the Widening Broadband Divide’.
The United Nations Economic and Social Commission for Asia and the Pacific (ESCAP), in its report, has placed India at 39th position in terms of fixed broadband adoption among Asia Pacific countries. The report is named- ‘State of ICT in Asia and the Pacific 2016: Uncovering the Widening Broadband Divide’.
- According to the report, 1.3% of population in India subscribed to fixed broadband service in 2015.
- Fixed broadband penetration in Asia and the Pacific is even below the world’s average of 11.2 subscriptions per 100 inhabitants in 2015.
- India ranks lower than countries such as Bhutan, Sri Lanka and Bangladesh in fixed broadband subscriptions per 100 inhabitants in ESCAP countries in 2015.
U.S. set to hand over Internet’s naming system to ICANN
The U.S. will give up its power fully to Los Angeles-based ICANN (Internet Corporation for Assigned Names and Numbers), a non-profit organisation.The terms of the change were agreed upon in 2014, but it was not until now that the U.S. said it was finally satisfied that ICANN was ready to make the change.
DNS:The Domain Naming System, DNS, is one of the Internet’s most important components. It pairs the easy-to-remember web addresses with their relevant servers. Without DNS, one would only be able to access websites by typing in its IP address.
Internet Corporation Assigned Names and Numbers (ICANN):
ICANN is the global body that oversees operation and administration of the Internet domain name system. It was formed in 1998.It is a not-for-profit partnership of people from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet’s unique identifiers.
ICANN doesn’t control content on the Internet. It cannot stop spam and it doesn’t deal with access to the Internet. But through its coordination role of the Internet’s naming system, it does have an important impact on the expansion and evolution of the Internet.
It is responsible for coordinating the maintenance and methodologies of several databases, with unique identifiers, related to the namespaces of the Internet – and thereby, ensuring the network’s stable and secure operation.
ICANN is governed by an internationally diverse Board of Directors overseeing the policy development process. ICANN’s President directs an international staff, working from three continents, who ensure that ICANN meets its operational commitment to the Internet community.
Global Innovation Index: India moves up to 66th rank this year
The annual index — released by WIPO, Cornell University, and the multi-nation business graduate school INSEAD — has been ranking world economies since 2007 according to their innovation capabilities using more than 80 indicators, including education, R&D, patent filings, knowledge and technology inputs and institutions.
Highlights:
- India scored a major improvement in its Global Innovation Index ranking this year, moving up to the 66th place from 81 in 2015. India’s better performance in the latest index readings was due to its strengths in tertiary education, software exports, corporate R&D and market sophistication.
- The report said India was starting to excel in ICT and creative goods exports, setting a good example of how policy was improving the innovation environment.
- In the infrastructure indicator, India has stayed put in the 87th rank, not having progressed in the use of information technology.
- Overall, Switzerland emerged as the global leader followed by Sweden, the UK, the US and Finland. Switzerland had ranked first in the 2015 index as well.
ICHR plans encyclopedia of village folklore from across India
ICHR is planning a mammoth encyclopedia of Indian villages complete with its heroes, myth, ballads and history as well as histories of princely states.This initiative aims to connect people better with the oral and folk traditions.
Along with this, ICHR is also planning to conduct a study of the princely States of modern India and studies to fill the gaps between the Harappan civilisation and the 6 century BC. The idea behind doing the history of princely states is to showcase their contribution and how Indian culture was protected by them.
According to historians, the present generations are gradually delinking themselves from their cultural heritage. Hence, they think it’s their responsibility to collect, preserve and transmit this knowledge of history for the generations to come.
The students of history will be taken as apprentices, as barefoot historians, and will be encouraged to collect information of the villages around them. For these projects, the ICHR would seek part funding by corporate houses.
Tirot Sing’s Contribution to Freedom Struggle
Tirot Sing was one of the greatest freedom fighters to hail from the northeast. In the attempt to prevent the Khasi Hills from falling into colonial hands, Tirot Sing, a Khasi chief, had raised the battle cry against the invasive British forces on April 4, 1829, but was eventually captured and defeated. He died in captivity in Dhaka in 1835.
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- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]What is LEAF Coalition?
Why LEAF Coalition?
Brazil & India
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
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”.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]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:
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:
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.