GS II Topic: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.
PM Narendra Modi launches Pradhan Mantri Gramin Awas Yojana
Under PMAY-G Government aims to provide affordable, environmentally safe and secure pucca house to every rural household living below the poverty line by 2022.
Features of Scheme
- PMAY-G is a part of Union Government’s flagship ‘Housing for All’ scheme and has replaced previous rural housing scheme Indira Awas Yojana.
- The beneficiaries for this scheme will be selected through a completely transparent process using the Socio Economic Census 2011 data and validating it through the Gram Sabha.
- It uses ICT and space technology to further confirm correct selection of beneficiaries and progress of work.
- Under it, financial assistance will be provided for construction of dwelling units and upgradations of existing unserviceable kutcha houses.
- The entire payments will be done through transparent IT/DBT mode with Aadhaar linked Bank accounts with consent, to ensure complete transparency and accountability. The unit cost for houses has been increased with convergence of a minimum support of nearly Rs. 1.5 lakh to Rs. 1.6 lakh to a household is available.
- The scheme allows over 200 different housing designs across country based on a detailed study of housing typologies, households’ requirements and environmental hazards.
- It will provide skilling for 5 lakh Rural Masons by 2019 and envisages large scale use of local materials.
- Houses built under the scheme will have cooking space, electricity provision, LPG, toilet and bathing area, drinking water etc through convergence.
GS III Topic: Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights.
NASA’S New Weather Satellite
NASA has successfully launched for the National Oceanic and Atmospheric Administration (NOAA) the first in a series of highly advanced geostationary weather satellites. The satellite is known as Geostationary Operational Environmental Satellite-R (GOES-R).
- GOES-R will strengthen NOAA’s ability to issue life-saving forecasts and warnings and is aimed at make the United States an even stronger, more resilient weather-ready nation.
- Forecasters will use the lightning mapper to hone in on storms that represent the greatest threats. The satellite’s primary instrument, the Advanced Baseline Imager, will provide images of Earth’s weather, oceans and environment with 16 different spectral bands, including two visible channels, four near-infrared channels, and 10 infrared channels.
- Improved space weather sensors on GOES-R will monitor the sun and relay crucial information to forecasters so they can issue space weather alerts and warnings.
- Beyond weather forecasting, GOES-R also will be part of the Search and Rescue Satellite Aided Tracking (SARSAT) System, an international satellite-based search and rescue network operated by NOAA. The satellite is carrying a special transponder that can detect distress signals from emergency beacons.
- There are four satellites in the GOES-R series: –R, –S, –T and –U, which will extend NOAA’s geostationary coverage through 2036.
China launches world’s longest quantum communication line
China has launched a 712-km quantum communication line, stated to be the world’s longest secure telecommunications network, which boasts of ultra-high security making it impossible to wiretap, intercept or crack the information transmitted through them.
- Quantum communication lines boasts ultra-high security. It is impossible to wiretap, intercept or crack the information transmitted through them.
- Quantum communication boasts ultra-high security as a quantum photon can neither be separated nor duplicated. It is hence impossible to wiretap, intercept or crack the information transmitted through it. Quantum communications technology is nearly impossible to hack because any interference to transmission of information destroys it.
GS II Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
India elected as new vice chair of Kimberly Process for 2018
India has been elected as the vice chair for 2018 and chair for 2019 of the Kimberly Process Certificate Scheme (KPCS). The decision in the regard was taken at the recently held KP Plenary meeting in Dubai.
- KPCS is a joint initiative of the governments, industry and civil societies to prevent the entry of conflict diamonds from the mainstream rough diamond market.
- It was established in 2003 through a United Nations General Assembly Resolution. India is founder member of the scheme.
- In India, the scheme is administered through the Department of Commerce under the aegis of the Union Commerce and Industry Ministry.
What are Conflict diamonds?
Conflict diamonds or blood diamonds are the rough diamonds used by rebel movements in the third world countries especially in Africa to finance (civil) wars with an aim to topple legitimate governments. The KPCS completely bans import and export of rough diamonds without certification.
India’s public health care to get a new boost
UNSW Australia and Medvarsity – Apollo Hospital Group’s e-learning venture, have come together to create a fully online, new Master of Public Health (International) programme. It has been tailored specifically for Indian students. UNSW public health degree launched in India will strengthen our capacity to respond to major health challenges.
- The new degree, aimed at doctors and other health professionals, will be delivered and awarded by UNSW, along with an internship at an Apollo health site.
- Indian students will join fellow health professionals from Australia and around the world in a virtual global classroom, learning essential public health theory and skills.
- Since it is a flexible online programme busy professionals can also achieve this degree actually living in Australia.
- Not only this, the students enrolled in this programme will also have access to advanced learning tools and technology with a fully comparable experience to face-to-face learning.
- With the introduction of this programme, Indian students will be able to apply for jobs with global organisations like the World Health Organization and UNESCO.
India becomes Associate Member of CERN
India became an associate member of the European Organisation for Nuclear Research (CERN), the world’s largest nuclear and particle physics laboratory. India will formally become member of CERN around January 2017 after depositing an instrument of ratification.
Significance of this membership
- India can take part in meetings of the CERN Council and its committees (Scientific Policy Committee and Finance Committee). However India will not have voting rights on decisions of the council.
- It will open up new avenues for Indian scientists to engage with their counterparts in front line research in physics and engineering It will help to boost India’s science credentials and give access to high end scientific technology.
- It will also make Indian scientists eligible for staff appointments in CERN. Besides, Indian industry will be entitled to bid for CERN contracts. Thus, it will open up opportunities for industrial collaboration in areas of advanced technology.
- India will also has to contribute a certain amount of money for research activities including annual contribution of 11.5 million swiss frank to CERN.
- Becoming Associate Member of CERN will enhance participation of young scientists and engineers in various CERN projects and bring back knowledge for deployment in the domestic programmes.
- Through the Teachers programme, teachers teaching in the higher secondary schools would also be able to participate in the programme and pass on the knowledge and quest for high-end science to their students, thereby encouraging large number of students to pursue their career in science.
Background
In September 2016, CERN Council adopted a resolution upgrading India’s position as associate member from earlier ‘observer’ status (since 2004). Earlier because of the observer status India was allowed to attend council meetings and to receive council documents but was not allowed to take part in the decision-making procedures of the organisation.
About European Organisation for Nuclear Research (CERN)
- CERN as an organisation is world’s largest nuclear and particle physics laboratory. It is situated in Geneva on France-Swiss Border. It was established in 1954.
- Members: It has 22 member states, four associate member states (including India and Pakistan) and three International Organisations have observer status.
- Functions: The laboratory helps scientists and engineers probing fundamental structure of Universe using the most sophisticated scientific instruments and advanced computing systems Provide the necessary infrastructure needed for high-energy physics research including particle accelerators.
Other Achievements:
- CERN operates the Large Hadron Collider (LHC) which is the world’s largest and most powerful particle accelerator. Indian scientists had active in construction of the LHC in the areas of design, development and supply of hardware accelerator components, software development and deployment in the machine.
- It is associated with the discovery of the Higgs Boson which is popularly known as the God particle.
India, Switzerland sign Joint Declaration for implementing AEOI
India and Switzerland have signed a Joint Declaration for implementation of Automatic Exchange of Information (AEOI) in respect of accounts of Indians held abroad. Under the pact, both countries will start collecting data in accordance with the global standards in 2018 and exchange it from 2019 onwards. Thus, it will help India to get access details of bank accounts held by Indians in Switzerland for 2018 and subsequent years on an automatic basis from September 2019. It is considered as a big step towards fighting black money stashed by Indians overseas. The pact is based on the Multilateral Competent Authority Agreement on the Automatic Exchange of Financial Account Information (MCAA) also known as Common Reporting Standards (CRS) on AEOI.
About MCAA
- MCAA is multilateral convention on administrative assistance in taxation matters developed by the Organisation for Economic Co-operation and Development (OECD).
- It was signed by 53 jurisdictions in July 2015 based on Article 6 of the Convention on Mutual Administrative Assistance in Tax Matters.
- India had joined it in June 2015. It sets up a system wherein bulk taxpayer information will be periodically be sent by source country of income to the country of residence of the taxpayer.
- This agreement obliges signatories to exchange a wide range of financial information among themselves periodically and automatically.
- Its main aim is to prevent international tax evasion and avoidance and help member countries to curb tax evasion and deal with the problem of black money.
- Tax Evasion India’s wealth rises and also disparity: Credit Suisse Report.
China agrees to import rice from 17 mills in India
China has agreed to import rice, non-basmati and basmati varieties from 17 registered mills in India. These mills are in Punjab, Haryana, Uttar Pradesh and Madhya Pradesh. It is considered as a major breakthrough in India’s efforts to ensure market access for Indian products (especially rice) in China as it is the world’s largest rice importer.
What is the issue?
- India had repeatedly sought market access for Indian products citing the country’s widening goods trade deficit with China. The products included non-basmati rice, pharmaceuticals and many fruits and vegetables among others. However, China had not granted market access to India’s non-basmati rice claiming that it failed to meet Chinese norms on quality, safety and health standards. China’s apprehensions included the possibility of the cabinet beetle (or Khapra beetle) pest getting transported along with Indian non-basmati rice consignments to China.
- After numerous requests from Indian side, Chinese officials had visited India in September to inspect 19 rice mills registered with National Plant Protection Organization (NPPO). NPPO had assisted its Chinese counterpart AQSIQ during inspection for plant quarantine purposes and pest-risk analysis to ensure that non-basmati consignments from India will be pest-free, of good quality and safe.
- NPPO is the nodal government agency for inspecting mills and granting certificates on plant health for export purposes. It is mandatory for Indian rice exporters to get registered with NPPO.
GS II topic- Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Income rises, also diparity
As per a report on global wealth published by Credit Suisse, the total quantum of wealth in India is rising but disparity between rich and poor is also rising. The report says that the uneven growth has left 96% of the adult population in India at the base of the wealth pyramid with wealth below $10,000. However, a small fraction of the adult population (0.3%) has net worth of more than $100,000.
Key Highlights from report
INDIAN SCENARIO: The wealth in India is mostly dominated by property and other real estate. It makes up 86% of its estimated household assets.
- The annual growth of wealth per adult in rupees has averaged 6% between 2000 and 2016.
- The number of millionaires remained flat at 1.78 lakh with $973 billion in wealth. Among these, ultra high-networth individuals increased by 5.2% to 2,260, including 1,040 with more than $100 million.
- Meanwhile, the personal debts are estimated to be 9% of gross assets in India which is much lower than in most developed countries.
GLOBAL SCENARIO: Overall growth in wealth remained limited in 2016. It is continuing the trend that had emerged in 2013 and is contrasting sharply with the double-digit growth rates witnessed before the global financial crisis of 2008. The total global wealth in 2016 edged up by 1.4% or $3.5 trillion to a total of $256 trillion, a rise in line with the increase in the world’s adult population.
Important Facts for Prelims
Twin trial of Prithvi-II missile successfully conducted
The twin trial of surface-to-surface nuclear capable Prithvi-II missile was successfully conducted by the India Army from a test range at Chandipur in Odisha.
- Prithvi-II is the first missile to be indigenously developed by the DRDO under the Integrated Guided Missile Development Programme.
- Range: It is surface-to-surface medium range ballistic missile with strike range of 350 km.
- Warheads: It is capable of carrying 500 kg to 1000 kg of conventional as well as nuclear warheads.
- Fuel and stages: It is single-stage liquid-fuelled. It uses advanced inertial guidance system along with manoeuvring trajectory to hit its target precisely. It already has been inducted into India’s armed forces in 2003.
- Variants: Prithvi-I for the Indian Army, Prithvi-II for the Indian Air Force, and Dhanush Missile for Indian Navy.
Guided Missile Destroyer INS Chennai Joins the Indian Navy
- This marks the formal induction into the Navy of the third and the last of the three ‘Kolkata’ class destroyers.
- The vessel is indigenously designed by the Indian Navy’s in-house organisation, Directorate of Naval Design and constructed by Mazagon Dock Limited, Mumbai. It can rightfully be regarded as one of the most potent warships to have been constructed in India.
- The ship is propelled by four powerful Gas Turbines, in a Combined Gas and Gas (COGAG) configuration, capable of achieving speeds in excess of 30 knots.
- The ship has enhanced stealth features resulting in a reduced Radar Cross Section (RCS) achieved through efficient shaping of hull, full beam superstructure design, plated masts and use of radar transparent materials on exposed decks.
- INS Chennai is packed with contemporary and sophisticated ‘state of the art’ weapons and sensors such as Surface to Surface Missile and Surface to Air Missiles. The ship is fitted with a modern Surveillance Radar which provides target data to the gunnery weapon systems of the ship.
- The ship’s Anti Submarine Warfare capabilities are provided by the indigenously developed Rocket Launchers and Torpedo Launchers. The ship is equipped to fight under Nuclear, Biological and Chemical (NBC) warfare conditions.
- A unique feature of this ship is the high level of indigenisation incorporated in the production, accentuating our national objective of ‘Make in India’.
- Some of the major indigenised equipment / system onboard INS Chennai include Combat Management System, Rocket Launcher, Torpedo Tube Launcher, Automated Power Management System, Foldable Hangar Doors, Helo Traversing system, Auxiliary Control System and the Bow mounted SONAR.
Artificial intelligence by BSE:
- BSE has introduced a data analytics-based solution that relies on artificial intelligence to track news related to listed companies on digital media using social media.
- The objective of the tool is to detect and mitigate potential risks of market manipulation and rumours, and to reduce information asymmetry arising from it on digital media platforms.
- It would provide accurate information involving listed companies and the BSE through the exchange website for the benefit of investors. The solution employs an advanced level combination of statistical modeling and big data analytics.
5th International Tourism Mart:
- The Ministry of Tourism, Government of India, in association with the North Eastern States and West Bengal is organising the “International Tourism Mart” in Imphal, Manipur from 23rd – 25th November, 2016.
- This is the 5th International Tourism Mart. It is an annual event organised in the North Eastern region with the objective of highlighting the tourism potential of the region in the domestic and international markets.
- It brings together the tourism business fraternity and entrepreneurs from the eight North Eastern States and West Bengal. The event has been planned and scheduled to facilitate interaction between buyers, sellers, media, Government agencies and other stakeholders.
- Buyer and Media delegates from around the world and from different regions of the country are participating in the Mart and will engage in one-to-one meetings with sellers from the North East Region. This will enable the tourism product suppliers from the region to reach out to international and domestic buyers, with the objective of promoting tourism to the region.
- The International Tourism Marts are organised in the North Eastern States on rotation basis. The earlier editions of this mart have been held in Guwahati, Tawang, Shillong and Gangtok.
- The highlight of this 5th International Tourism Mart 2016 is that it is being organised during the Sangai Festival. The Sangai festival is an annual major cultural festival organised by State Government of Manipur every year from November 21 to 30.
Andhra Pradesh Government launches water distribution monitoring portal
Andhra Pradesh Government has launched the ‘Smart Water Distribution Monitoring’ web interface. Using this portal people can check the status of drinking water in the water tanks nearby. The portal has Supervisory Control and Data Acquisition (SCADA) system. This system helps in reduction of water wastage as well as ensures seamless supply to the households.
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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.