GS II Topic: Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
e-Pashuhaat
The portal was launched on the occasion of birth anniversary of the father of India’s White Revolution Verghese Kurien and National Milk Day to connect farmers with breeders- State, Central, Co-operative, Milk Federations, and private agencies
- It will provide, certified picture of animals, its parents information, breeding, volume of milk given by bovine animal information.
- Besides, it will provide information related to animal fodder varieties, its volume and price.
- It will have real time authentic certified information on availability of germplasm.
- It will facilitate farmers to purchase advanced breed of bovine animals at a reasonable price as per as their requirements.
Significance
- It will act as a single authentic organised market for animals.
- The portal will play important role in increasing income of framers from animal rearing for achieving the goal of doubling farmers’ income by 2022.
- It establishes links between ‘farmer to farmer’ and ‘farmer to institutes’. Thus, it minimises the involvement of middlemen.
- It will create a comparative Farm Network that will facilitate farmers to exchange local knowledge and resources.
India has the largest bovine population in the world. It accounts for 14% of world cattle population, while share for buffalo alone is 53% of which 79% of the cattle are indigenous and 21% are crossbred and exotic varieties. The Indigenous bovine breeds are sturdy and are endowed with quality of heat tolerance, resistance to diseases. They have ability to thrive under extreme climatic conditions and survive with low inputs. However, most of the indigenous are suited for draught animal power as they have low genetic potential for milk production. Rashtriya Gokul Mission’ launched in December 2014 aims at addressing this issue.
Modern RFID Access Control System Introduced at Paradip Port
Paradip Port is the first among all Major Ports to have successfully implemented the RFID Access Control System for controlling and tracking the entry and exit of vehicular as well as human traffic into and out of its prohibited area. The implementation of the system was done as per the directives of the Ministry of Shipping.
Benefits:
- The new RFID system is inherently accompanied with enhanced Maritime Security features.
- Faster and efficient movement of traffic across the gates leading to reduction in congestion, simplified online payment procedure, availability of real-time information on number of different types of vehicles, equipment, port user personnel inside the prohibited area, availability of entry and exit details of a particular person, vehicle inclusive of the gate no. instantly through which the traffic moved, are some of the added advantages of the new system.
- Retrieval of data pertaining to the entire period of time is also another advantage of the system.
What is RFID tagging?
RFID tagging is an ID system that uses small radio frequency identification devices for identification and tracking purposes. An RFID tagging system includes the tag itself, a read/write device, and a host system application for data collection, processing, and transmission.
An RFID tag (sometimes called an RFID transponder) consists of a
- Chip- it hold the information about the physical object to which the chip is attached,
- An antenna- transmits information to reader (e.g. wire house, store shelf etc) through radio waves.
- Memory
RFID tags that contain their own power source are known as active tags. Those without a power source are known as passive tags. A passive tag is briefly activated by the radio frequency (RF) scan of the reader.
GS II Topic: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.
WHO settles India, EU medicine dispute issue
The World Health Organisation (WHO) has dropped the term ‘counterfeit’ and retained ‘falsified’ to describe medicines of inferior quality.. It settles longstanding India, EU medicine dispute and battle about labelling of drugs. It is considered as a significant victory for the global access to medicines campaign.
What is the issue?
- The above mentioned terms were used interchangeably to confiscate Indian made cheap generic drugs exported to other countries by showing that they were in violation of Intellectual Property Rights (IPR).
- It was also alleged that big pharmaceutical companies were using term ‘counterfeit’ to describe generic medicines and disrupting trade of generic medicines especially from India.
- Even the European Union Free Trade Agreement (EU FTA) was derailed after affordable, safe-to-use generic drugs made in India were confiscated as ‘illegal’ and ‘counterfeit.’
- Between 2008 and 2009, nearly 20 shipments of generic drugs were detained while in transit from India to several developing countries via Europe.
What were the concerns?
Under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) — the definition of counterfeit was clearly targeted at one particular area. It clearly mentioned that it is wilful infringement of trademark on a commercial scale. However in reality, campaigns and legislation against counterfeit drugs often have nothing to do with concerns about drug quality. The major European and US pharmaceutical companies used these rules for vested interest by limiting competition from generic drugs. They were using increased enforcement of IP laws as a tool to clamp down on the legitimate trade in high-quality generic medicines between developing countries.
Significance of WHO decision
- The adopted definition will use falsified and drops the word counterfeit. The term falsified is much more in line with public health concerns regarding medicines.
- It makes false claims about what they contain or where they are from, that represent a genuine problem. It clarifies that the term ‘counterfeit’ will now be used by member States with respect to protection of IPR.
- Settles a long-standing battle about labelling of drugs as for far too long, genuine generic medicines have been labelled as counterfeit.
- Removes confusion on the much needed attention from the substandard medicines — which is a bigger public health problem for developing countries.
GS III Topic- Conservation, environmental pollution and degradation, environmental impact assessment.
Australia’s Great Barrief Reef sees largest coral die-off ever
As per a recently conducted study, a mass bleaching event on the Great Barrier Reef this year killed more corals than ever before. The 2,300-kilometre Great barrier reef in Australia is the world’s biggest.
- Most of the losses in 2016 have occurred in the northern, most-pristine part of the Great Barrier Reef.
- The reef suffered its most severe bleaching in recorded history, due to warming sea temperatures during March and April, with the northern third bearing the brunt.
- Environmentalists have called for Australia to abandon coal mining to help prevent further bleaching disasters.
- Scientists estimate the northern region, which teems with marine life, will take at least 10-15 years to regain lost corals.
About the Great Barrier Reef
- It is the biggest coral reef system in the world composed of over 2,900 individual reefs. It is roughly equal to the size of Italy, Japan.
- It was recorded as a World Heritage site in 1981.
- The reef is located in the Coral Sea, north east of Australia and covers an area of approximately 348,000 sq km.
- It is credited as the world’s biggest single structure made by living organisms and is visible from the outer space
GS III Topic: Disaster and disaster management.
ISRO drones help map disasters in north-east
The Shillong-based North-Eastern Space Applications Centre (NE-SAC) of the Indian Space Research Organisation has tested unmanned aerial vehicles (UAVs) to assess several regional problems, ranging from measuring diseased paddy fields to damage caused by frequent landslides in the north eastern region of the country.
- NE-SAC has taken the initiative for design and assembling of UAVs for various applications. UAVs can perform efficient surveys for disaster-prone or physically inaccessible areas, quick damage assessment of landslides, floods and earthquakes and enable timely relief measures.
- NE-SAC mapped the area affected by landslides along Meghalaya’s life line, NH40. It gave the extent of damage caused to pest-infested paddy fields in Naramari village of Assam.
- Drone-based studies are new and currently confined to few north-eastern States. Data from ISRO’s remote sensing satellites are generally combined with ground-based details. Use of drones cuts much leg work that ground surveyors must take up.
About NESAC:
NE-SAC, located at Umiam (near Shillong), Meghalaya, is a joint initiative of DOS and North Eastern Council to provide developmental support to the North Eastern region using space science and technology.
- The NE centre was started in the year 2000 to provide Space technology-based communication and technology support to the region.
- The centre has the mandate to develop high technology infrastructure support to enable NE states to adopt space technology inputs for their development.
- At present, NE-SAC is providing developmental support by undertaking specific application projects using remote sensing, GIS, satellite communication and conducting space science research
GS II Topic: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources, issues relating to poverty and hunger.
Son has no legal right in parents’ house, can stay at their mercy: HC
In a significant move, the Delhi High Court has ruled that a son cannot claim a right to live in the self-acquired house of his parents and can do so only at their mercy.
Important observations made by the court:
- A son can reside in a self-acquired property of his parents so long as they desire and cannot claim a legal right to stay there, irrespective of his marital status.
- Merely because the parents have allowed him to live in the house when their relations were cordial does not mean they have to bear his burden throughout life.
Background:
The High Court was hearing an appeal against a lower court’s order asking a man and his wife to vacate the first floor of his parents’ property in Delhi.
GS II Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Even nil vacancies won’t cut backlog: Report
A study ordered by the Supreme Court shows that more judges in the High Courts, or even filling all the vacancies in them, does not necessarily end pendency. The study was conducted by the National Court Management Systems Committee (NCMSC).
The two-year study was commissioned by the court through an order dated August 20, 2014 while hearing Imtiyaz Ahmad versus State of Uttar Pradesh.
- The court had directed the committee to study the recommendations made by the Law Commission of India on pendency and the relation between backlog and judges’ strength.
Highlights of the study:
- The study notes that not a single High Court has been able to eliminate backlog even when vacancies are non-existent or very low (say zero to 20%).
- The study also questions Chief Justice Thakur’s recent observation that 70,000 judges are required to clear pendency.
- The committee says blindly increasing judicial strength with the sole aim to hike the rate of disposal of cases and avoid backlog was skewed logic. In fact, it said, avoiding backlog seems to be the “central and sole objective” of having more judges in the High Courts.
- According to the study, the current method of calculating judges’ strength in High Courts is not scientific or robust, nor has it produced desired results of pendency resolution.
- The report calls for a long-term scientific method to assess the number of judges required in a court. It said judges’ strength should be augmented after calculating the judicial hours required to hear and dispose of cases on the basis of their individual nature and complexity.
Background:
Effective judicial strength has not expanded adequately to meet the rising inflow of cases in the country. In the last five years, the number of new cases filed in the High Courts of India has increased by 24% and pendency by 32%. Yet, effective judge strength has increased only by 8.5%.
Only 49 judges have been added to the effective strength of High Courts in five years in the whole country to deal with 3.72 lakh additional new cases — this means an average of 7,591 cases per new judge — and 7.2 lakh additional pendency at the rate of 14,693 cases per new judge.
Sex Ratio at Birth at decline in India: CRS data
According new data from Civil Registration System ( CRS) released by the Office of the Registrar General of India, Sex Ratio at Birth (SRB) continues to worsen in India. The SRB has declined to 887 in 2014 from 898 in 2013. The ratio has been declining since 2011 when the figure was 909.
- Highest SRB has been reported in Lakshadweep (1043), followed by Andaman and Nicobar Islands (1031) and Arunachal Pradesh (993).
- Lowest SRB has been reported in Manipur (684), Rajasthan (799) and Tamil Nadu (834).
- BIRTH REGISTRATION-The level of registration of births with CRS has been improving. In 2014, it is estimated that 88.8% births were registered, up from 85.6 % in 2013. 16 States/UTs recorded all births. 14 out of 20 major States crossed the 90% level of registration of births in 2014. The new date show that the majority of births in 2014 occurred in an institution i.e. government or private hospital.
- Institutional delivery accounted for 72% of all births. Another 14.1% births were attended by physicians/nurse/midwife. However, around 3.8% of the cases were still attended by an untrained midwife. While 38.7% of the total registered deaths had occurred in institution, 23.3% did not receive any medical attention at the time of death. Only about 8.0% of the deceased received medical attention from qualified allopathic professional.
Facts for Prelims
India hosts golden jubilee celebrations of UNCITRAL in New Delhi
India hosted the golden jubilee (50th anniversary) celebrations of United Nations Commission on International Trade Law (UNCITRAL) in New Delhi.
- UNCITRAL was established by the UN General Assembly (UNGA) in 1966 to promote the progressive unification and harmonisation of international trade law.
- It is the core legal body of the UN system in the field of international trade law. It specialises in reforms in commercial law worldwide for a period of over 40 years.
- India is a founding member of UNCITRAL. India is only one of eight countries which have been a member of UNCITRAL since its inception.
- IT has a membership of 60 States selected from among States Members of the UN. In 2015, India was re-elected for a term of six years (2016-2022).
- Out of total 60 members, 14 are Asian states, 14 are African, 10 Latin American & Caribbean states, 8 Eastern European and 14 Western European and other States.
- These member states are selected to ensure the representation of various geographic, principal economic and legal systems of the world.
National Milk Day:
- November 26 was observed as National Milk Day across the country Day to mark the birth anniversary of Father of the White Revolution Dr. Verghese Kurien.
- The first NMD was observed on 26 November 2014 by all Indian diary sector majors including National Dairy Development Board, Indian Dairy Association along with state level milk federations.
- Verghese Kurien had dedicated his entire life for a cooperative movement which boosted the production of milk in India. Dr Kurien was an Indian social entrepreneur known as the ‘Father of the White Revolution’ for launching Operation flood — the world’s largest agricultural development programme.
- Known as the ‘milkman of India’, Dr Kurien was the founder-Chairman of the National Dairy Development Board (NDDB) from 1965 to 1998, Gujarat Co-operative Milk Marketing Federation Ltd (GCMMF) from 1973 to 2006 and the Institute of Rural Management (IRMA) from 1979 to 2006, which are owned and managed by farmers and run by professionals.
- India ranks first in milk production, accounting for 18.5 % of world production, achieving an annual output of 146.3 million tonnes during 2014-15
- The per capita availability of milk in India has increased from 176 grams per day in 1990-91 to 322 grams per day by 2014-15. It is more than the world average of 294 grams per day during 2013.
PM Narendra Modi launches Indian Police at Your Call mobile app
Minister Narendra Modi recently had launched the ‘Indian Police at Your Call’ mobile app at a national police conference held in Hyderabad. The app is a GIS Map based interface for the citizens to locate police stations near to their current location so that they can easily reach the police station in case of emergency.
- The app was developed by Nation Information Centre (NIC).
- It was launched as part of the Digital India initiative aimed at the safety and security of the citizen anytime anywhere.
- The app provides the names of the police stations, distance from the place where you are and how much time it will take to reach police station one wants to go to.
- It provides the police station number, number of control room and also the SP office number. However, no mobile phones numbers are provided.
- It also promotes facility to “Tap to Call” any of these police stations and know the route and road distance to reach there.
Akodara becomes India’s first Digital Village
- Akodara village in Sabarkantha district of Gujarat has earned the coveted tag of becoming India’s first digital village in India.
- All transactions in the village are carried out through digital modes like SMS, net-banking or debit cards.
- The village was adopted by ICICI Bank under its Digital Village Project in 2015 and made cashless by adopting digital technology.
- All households in village have savings account in local ICICI Bank branch.
- The bank has provided training to villagers to embrace digital technology to reduce dependence on cash. The village has almost 100% financial literacy rate and all mobile banking is done in Hindi, English and Gujarati languages.
- The villagers’ most important transactions selling agri-produce at the local market or mandi or selling milk at the co-operative society have been made cashless.
- It has primary, secondary and higher secondary schools equipped with smart boards, computers and tablets.
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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.