News Snippet
News 1: Panel moots gas pricing freedom from 2026
News 2: New digital lending norms kick in today
News 3: India’s core sector growth braked to 0.1% in October
News 4: 160-200 mn Indians could be exposed to lethal heat waves annually – World Bank Report
News 5: SC seeks Centre’s response on evolving a programme to protect Great Indian Bustard
News 6: India-U.S. exercise near LAC irks China
News 7: Why constitutional validity of J&K Reorganisation Act clause went unchallenged – SC
News 8: Kerala’s man-animal conflict mitigation team selected for Wildlife Trust of India award
News 9: Kerala Cabinet allows Bill to remove Governor as Chancellor
News 10: Are ransomware attacks increasing in India?
News 11: The Assam-Meghalaya border firing
Other important news:
- 100 monuments to be lit up to mark India’s G-20 Presidency
News 1: Panel moots gas pricing freedom from 2026
Background
A government-appointed gas price review panel led by Kirit Parikh on Wednesday, submitted its report to the government, recommending a floor and ceiling price for legacy fields and complete pricing freedom starting January 1, 2026.
Kirit Parikh gas price review panel
Currently, fields in deep sea or in high-temperature, high-pressure zones are governed by a different formula that includes an element of imported LNG cost, but the same is also subject to a ceiling.
“Such producers have marketing and pricing freedom which is constrained by an upper bound fixed by the government. We have suggested continuing with the cap for 3 years and giving total pricing freedom from Jan. 1, 2026, removing the cap,” Kirit Parikh said.
The panel also suggested including natural gas in the one-nation one-tax regime of GST by subsuming excise duty charged by the Centre and varying rates of VAT levied by State governments.
News 2: New digital lending norms kick in today
Background
The Reserve Bank’s modified guidelines on digital lending for customers who had taken loans prior to September 2 will come into force from December 1, 2022. The guidelines seek to protect customers from unethical loan recovery practices.
New digital lending norms
In order to ensure a smooth transition, the Reserve Bank of India (RBI) had given time till November 30 to Regulated Entities (REs) to put in place adequate systems and processes to ensure compliance of the guidelines for digital loans sanctioned before September 2.
As per an RBI circular, the digital loan providers were required to comply with the modified norms for all new loans from September 2.
Under the new norms, all loan disbursals and repayments are required to be executed only between the bank accounts of the borrower and regulated entities (such as banks and NBFCs) without any pass-through / pool account of the Lending Service Providers (LSPs).
“Any fees, charges, etc, payable to LSPs in the credit intermediation process shall be paid directly by RE and not by the borrower”, the RBI said while conveying the regulatory stance.
Guidelines applicable to different types of Regulated Entities
All Commercial Banks
Primary (Urban) Co-operative Banks
State Co-operative Banks
District Central Co-operative Banks
Non-Banking Financial Companies (including Housing Finance Companies)
Digital Lending
A remote and automated lending process, largely by use of seamless digital technologies for customer acquisition, credit assessment, loan approval, disbursement, recovery, and associated customer service.
Digital Lending Apps/Platforms (DLAs)
Mobile and web-based applications with user interface that facilitate digital lending services. DLAs will include apps of the Regulated Entities (REs) as well as those operated by Lending Service Providers (LSPs) engaged by REs for extending any credit facilitation services in conformity with extant outsourcing guidelines issued by the Reserve Bank.
Lending Service Provider (LSP)
An agent of a Regulated Entity who carries out one or more of lender’s functions or part thereof in customer acquisition, underwriting support, pricing support, servicing, monitoring, recovery of specific loan or loan portfolio on behalf of REs in conformity with extant outsourcing guidelines issued by the Reserve Bank.
How new guidelines on digital lending will help stakeholders
With steadily increasing demand, the fintech market was valued at $50 billion in 2021 and is expected to reach around $160 billion by 2025.
One of the major trends in the fintech sector is digital lending, which has increased significantly in the previous two years with the market projected to be worth $350 billion by the financial year 2023 from $150 billion in the financial year 2020.
However, the number of conflicts between lenders and borrowers has also increased with the passage of time due to various technical and ethical issues.
RBI’s recent guidelines on digital lending are not only to safeguard customers’ rights but they are aimed to establish a more fruitful financial landscape in the digital world.
Apart from promoting an innovative culture of digital lending in India, the newly issued guidelines are expected to encourage digital lenders for fierce but fair market competition.
But the most significant or favourable change as per the new guidelines is the direct disbursal of the loan amount, i.e., from the lender’s account to the beneficiary’s account, without any third-party involvement.
The other imperative guidelines issued by RBI mandatorily provide a ‘Key Fact Statement’ or KFS to the borrower, all loans must be reported to the bureaus, Lending Service Providers (LSPs) have to charge customers fees from the regulated entity (REs) only and not directly from customers, and a special emphasis on customers’ data privacy.
News 3: India’s core sector growth braked to 0.1% in October
Background
India’s eight core sectors’ output growth virtually ground to a halt in October, slowing sharply to just 0.1%, from 7.8% in September, with cement and refinery products slipping into contraction and electricity generation rising a mere 0.4%.
Weak performance
Economists reckoned October saw the weakest core sector performance since February 2021, partly driven by base effects.
Index of core Industries
The Index of Core Industries, which constitutes about 40% of the Index of Industrial Production (IIP), was unchanged month-on-month at 138, signalling a flat sequential trend.
While the data signal weakening activity, last October’s high base of 8.7% growth also had a role, said Bank of Baroda chief economist Madan Sabnavis.
News 4: 160-200 million Indians could be exposed to lethal heat waves annually – World Bank Report
Background
From 2030, 160 million to 200 million people can be exposed to lethal heatwaves in India every year, and nearly 34 million Indians will face job losses due to heat stress-related productivity decline.
By 2037, the demand for cooling is likely to be eight times more than the current level, the World Bank has said in a report.
Findings of the Report
According to the report, “Climate investment opportunities in India’s cooling sector”, this could open an investment opportunity of $1.6 trillion by 2040, besides reducing greenhouse gas emissions significantly and creating 3.7 million jobs.
With the demand for cooling shooting up, there will be a demand for a new air-conditioner every 15 seconds, the report said, leading to an expected rise of 435% in annual greenhouse gas emissions over the next two decades.
Thus, there is a need to shift to a more energy-efficient pathway which could lead to a reduction in expected CO2 levels.
The report proposes a road map to support New Delhi’s India Cooling Action Plan (ICAP), 2019, through new investments in three major sectors: building construction, cold chains and refrigerants.
Adopting climate-responsive cooling techniques as a norm in both private and government-funded constructions can ensure that those at the bottom of the economic ladder are not disproportionately affected by rising temperatures.
The report suggests that India’s affordable housing programme for the poor, the Pradhan Mantri Awas Yojana (PMAY), can adopt such changes on scale.
It proposed enacting a policy for “district cooling”, which could lead to the consumption of 20-30% less power than the most efficient conventional cooling solutions.
District cooling technologies generate chilled water in a central plant which is then distributed to buildings via underground insulated pipes. This brings down the cost for providing cooling to individual buildings.
Apart from this, guidelines for implementation of local and city-wide urban cooling measures such as cool-roofs should also be considered. “India’s cooling strategy can help save lives and livelihoods and reduce carbon emissions.
India Cooling Action Plan
Launched: 2019
Ministry: Ministry of Environment, Forest and Climate Change
Cooling requirement is cross sectoral and an essential part for economic growth and is required across different sectors of the economy such as residential and commercial buildings, cold-chain, refrigeration, transport and industries.
The Environment Minister said that the thrust of the India Cooling Action Plan (ICAP) is to look for synergies in actions for securing both environmental and socio-economic benefits.
The India Cooling Action Plan (ICAP) provides an integrated vision towards cooling across sectors encompassing inter alia reduction of cooling demand, refrigerant transition, enhancing energy efficiency and better technology options with a 20 year time horizon.
The India Cooling Action seeks to
(i) reduce cooling demand across sectors by 20% to 25% by 2037-38,
(ii) reduce refrigerant demand by 25% to 30% by 2037-38,
(iii) Reduce cooling energy requirements by 25% to 40% by 2037-38
(iv) Recognize “cooling and related areas” as a thrust area of research under national S&T Programme
(v) Training and certification of 100,000 servicing sector technicians by 2022-23, synergizing with Skill India Mission.
The following benefits would accrue to the society over and above the environmental benefits:
(i) Thermal comfort for all – provision for cooling for EWS and LIG housing,
(ii) Sustainable cooling – low GHG emissions related to cooling
(iii) Doubling Farmers Income – better cold chain infrastructure – better value of produce to farmers, less wastage of produce
(iv) Skilled workforce for better livelihoods and environmental protection
(v) Make in India – domestic manufacturing of air-conditioning and related cooling equipment’s
(vi) Robust R&D on alternative cooling technologies – to provide push to innovation in cooling sector.
Cooling is also linked to human health and productivity. Linkages of cooling with Sustainable Development Goals (SDGs) are well acknowledged. The cross-sectoral nature of cooling and its use in development of the economy makes provision for cooling an important developmental necessity.
News 5: SC seeks Centre’s response on evolving a programme to protect Great Indian Bustard
Background
The Supreme Court on Wednesday sought the government’s response about evolving a “Project Great Indian Bustard” conservation programme like the Project Tiger to bring attention to the peril faced by the critically endangered bird.
Deaths of Great Indian Bustard
The court is hearing a series of petitions highlighting the numerous deaths of Great Indian Bustards due to power transmission lines criss-crossing their habitat in Gujarat and Rajasthan.
Expert panel
In its order, the Special Bench, including Justices A.S. Bopanna and V. Ramasubramanian, directed the Chief Secretaries of Gujarat and Rajasthan to undertake and complete a comprehensive exercise within four weeks to find out the total length of the transmission lines in question and the number of bird diverters required in the priority areas of the birds’ habitats.
Great Indian Bustard
Conservation and Protection
Schedule I of the Indian Wildlife (Protection)Act, 1972
CMS Convention – Appendix I
CITES – Appendix I
IUCN status – Critically Endangered
National Wildlife Action Plan (2002-2016)
Historically, the great Indian bustard was distributed throughout Western India, spanning 11 states, as well as parts of Pakistan. Its stronghold was once the Thar desert in the north-west and the Deccan plateau of the peninsula. Today, its population is confined mostly to Rajasthan and Gujarat. Small population occur in Maharashtra, Karnataka and Andhra Pradesh.
It has also been identified as one of the species for the recovery programme under the Integrated Development of Wildlife Habitats of the Ministry of Environment and Forests, Government of India.
Threats
Hunting, which is still prevalent in Pakistan.
Occasional poaching outside Protected Areas
Collisions with high tension electric wires, fast moving vehicles and free-ranging dogs in villages
Habitat loss and alteration as a result of widespread agricultural expansion and mechanized farming, infrastructural development such as irrigation, roads, electric poles, as well as mining and industrialization.
While the GIBs’ historic range included much of the Indian sub-continent, it has now shrunk to just 10 per cent of that. Among the heaviest birds with flight, GIBs prefer grasslands as their habitats.
The terrestrial birds spend most of their time on the ground, feeding on insects, lizards, grass seeds, etc. GIBs are considered the flagship bird species of grassland and hence barometers of the health of grassland ecosystems.
News 6: India-U.S. exercise near LAC irks China
Background
China on Wednesday said it had expressed its concern to India over the joint India-U.S. military exercise, Yudh Abhyas, being conducted in Uttarakhand, about 100 km from the Line of Actual Control (LAC).
“The joint military exercise between India and the U.S. close to the LAC at the China-India border violates the spirit of the agreements signed between India and China in 1993 and 1996. It does not serve the mutual trust between India and China,” Chinese Foreign Ministry spokesperson Zhao Lijian told a media briefing in Beijing.
China’s concerns about the Yudh Abhyas exercise
China seeks to “prevent” tensions along the Line of Actual Control (LAC) from pushing India “to partner more closely” with the U.S. and has warned American officials “not to interfere” with its relationship with India, the U.S. Department of Defence said in its latest report.
Interests of China in matters of border instability
“Throughout the stand-off [which began in 2020], PRC [People’s Republic of China] officials sought to downplay the severity of the crisis, emphasising Beijing’s intent to preserve border stability and prevent the stand-off from harming other areas of its bilateral relationship with India,” the China military power report 2022, which was submitted to the U.S. Congress, said.
The report said that over the course of 2021, and as seen in 2022, the Chinese Communist Party (CCP) increasingly turned to the People’s Liberation Army (PLA) as “an instrument of statecraft in support of its national strategy and global ambitions”, while also highlighting that the PLA had “adopted more dangerous, coercive and aggressive actions” in the Indo-Pacific region.
“Differing perceptions of border demarcations along the LAC combined with recent infrastructure construction, led to multiple unarmed clashes, an ongoing stand-off, and military build-ups on both sides of the India-China border,” it said.
Galwan Valley Clash
Further, referring to the violent Galwan Valley clash of June 2020, which resulted in the death of 20 Indian soldiers and at least four Chinese personnel, the report said the Western Theatre Command conducted large-scale mobilisation and deployment of PLA forces.
The report said that each country demanded the withdrawal of the other’s forces and a return to the pre-stand-off conditions, but neither China nor India agreed to the conditions.
News 7: Why constitutional validity of J&K Reorganisation Act clause went unchallenged – SC
Background
The Supreme Court on Wednesday quizzed petitioners about the reason for not challenging the constitutional validity of a specific provision in the Jammu and Kashmir Reorganisation Act which gives the Delimitation Commission the power to “carry out” the readjustment of constituencies in the Union Territory formed after the dilution of Article 370 in the erstwhile State.
Hearings of the matter
Justice Oka said the notifications drew their power specifically from Section 62(2) of the 2019 Act. Section 62(2) provides for the readjustment of constituencies to be carried out by the Delimitation Commission.
The court asked why the petitioners without challenging the source of the government’s notifications, that is Section 62(2), had confined their challenge solely to the notifications.
The petitioners, represented by senior advocate Ravi Shankar Jandhyala and advocates Sriram Parakkat and M.S. Vishnu Shankar, argued that only the Election Commission (EC), under Section 60 of the 2019 Act, was empowered to conduct the delimitation exercise.
They further argued before the Bench that Article 170 of the Constitution barred delimitation exercise on the basis of the 2011 census. It had to either happen on the basis of 2001 census or await “the first census after the year 2026”, they argued.
The petitioners alleged that Sections 60 and 61 of the 2019 Act, which defined the role of the EC in the process of delimitation, were in contradiction to Section 62.
View of the Government
The government has countered that there were two alternative mechanisms to carry out delimitation for J&K. By virtue of Sections 60-61, while the power to determine delimitation was conferred on the EC, Section 62(2) and 62(3) conferred powers to carry out delimitation on the Commission.
News 8: Kerala’s man-animal conflict mitigation team selected for Wildlife Trust of India award
Background
An eight-member team from Chinnakkanal that comes under the Munnar forest division, which has been instrumental in bringing down the incidents of man-animal conflict in the region, has won recognition for its efforts.
Taking note of its contributions in mitigating man-animal conflicts as well as in ensuring the protection of wild elephants over the past eight months, the Wildlife Trust of India has selected the team for its award this year.
Wildlife Trust of India
Established: 1998
Headquarters: Noida, Uttar Pradesh
Type: Charitable trust
WTI was formed, as a response to the rapidly deteriorating condition of wildlife in India.
News 9: Kerala Cabinet allows Bill to remove Governor as Chancellor
Background
The Kerala Cabinet on Wednesday approved the draft Bill removing Governor Arif Mohammed Khan as Chancellor of the State universities after recurrent and politically charged run-ins with Raj Bhavan over matters relating to the administration of centres of higher learning.
Bill to supplant Governor as Chancellor
Instead, the Bill proposes supplanting the Governor with eminent academicians as Chancellors of various universities. The Bill, if passed, will, at a stroke, negate the Governor’s watchdog role in university administration and accord the government more leeway in appointing Chancellors of its choice.
The proposed legislation also aspires to amend the statutes of 14 universities. The Bill caps a season of taut political theatre following the Supreme Court’s invalidation of the KTU Vice-Chancellor’s appointment.
Mr. Khan had sought the resignations of 11 other Vice-Chancellors on the ground that the government had appointed them through the same process deemed unlawful by the apex court.
However, the government took a contrarian view and held it was legally anomalous to apply the Supreme Court ruling in an individual case broadly.
News 10: Are ransomware attacks increasing in India?
Background
On November 23, e-services at the All-India Institute of Medical Sciences (AIIMS) were crippled by what is being suspected to be a ransomware attack.
The Delhi Police’s Intelligence Fusion & Strategic Operations have registered a case and launched investigations to identify the perpetrators, while cyber security experts are employing software tools for data recovery.
What is ransomware?
Ransomware is a type of malicious software, used by cyber criminals, to infect a computer system by blocking access to the stored data by encrypting the files. A ransom is then demanded from the owner in exchange for the decryption key.
While it is not yet clear as to how exactly the AIIMS computer systems were targeted, the malware may usually be injected remotely by tricking the user into downloading it upon clicking an ostensibly safe web link sent via email or other means, including hacking.
It can spread throughout the network by exploiting existing vulnerabilities. Ransomware attacks can also be accompanied by theft of sensitive data for other sinister motives.
How serious are ransomware attacks?
Cybersecurity firm Trellix, in its third-quarter global report, has identified 25 major ransomwares in circulation.
According to the Interpol’s first-ever Global Crime Trend report presented at its 90th General Assembly meeting in Delhi this October, ransomware was the second highest-ranking threat after money laundering, at 66%. It is also expected to increase the most (72%).
Which agencies in India deal with cyber-attacks?
Set up in 2004, the Indian Computer Emergency Response Team (CERT-In) is the national nodal agency that collects, analyses and circulates inputs on cyber-attacks; issues guidelines, advisories for preventive measures, forecasts and issues alerts; and takes measures to handle any significant cyber security event. It also imparts training to computer system managers.
The National Cyber Security Coordinator, under the National Security Council Secretariat, coordinates with different agencies at the national level on cybersecurity issues, while the National Critical Information Infrastructure Protection Centre has been set up for the protection of national critical information infrastructure.
According to the government, the Cyber Swachhta Kendra (Botnet Cleaning and Malware Analysis Centre) has been launched for detection of malicious software programmes and to provide free tools to remove the same, while the National Cyber Coordination Centre works on creating awareness about existing and potential threats.
News 11: The Assam-Meghalaya border firing
Background
A bid by the Assam police and forest personnel to catch alleged timber smugglers from Meghalaya led to the killing of six people at a place claimed by each State to be within its territory.
Apart from heightening tensions along a stretch of the interstate boundary, the incident sparked protests and stray cases of violence in Meghalaya’s capital Shillong and a temporary suspension of vehicular movement between the two States. It also led to a delay in the process of resolving the Assam-Meghalaya boundary dispute.
What was the immediate fallout?
What seemed to be a local incident from far became fodder for pressure groups in poll-bound Meghalaya to rail against the Sangma-led coalition government for failing to protect border residents.
Stray cases of arson, vandalisation of Assam-registered vehicles, and attacks on security personnel and civilians — mostly non-tribals — marked the protests in Shillong. For six days after the incident, Assam police restricted the movement of vehicles to Shillong and other parts of eastern Meghalaya for security reasons.
Tourism in Meghalaya was hit hard in a year it had recorded the highest number of footfalls with many tourists cancelling their trips and some cutting short their stay to get out of uncertainty. The complications arising out of the Mukroh incident also delayed the process of resolving the boundary dispute between the two States in the remaining six of the 12 sectors.
How is the boundary dispute linked to the incident?
Although the Assam government claims to the contrary, the fact that the two governments refer to the place of the incident by two names makes it apparent that the boundary dispute is intertwined.
While Meghalaya says the place is Mukroh in West Jaintia Hills District, Assam claims it is Mukhrow or Moikrang in West Karbi Anglong district. The village is also very close to Block 1, one of the six dispute sectors that remain to be resolved.
Whatsoever may be the dispute between the two States, the NHRC said the police have to use restraint in such situations and examine the standard operating procedure for firing by the armed forces in areas of a border dispute.
How did the boundary dispute start?
Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972. The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya. On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains. Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.
Other important news
100 monuments to be lit up to mark India’s G-20 Presidency
One hundred Centrally protected monuments will be illuminated for a week beginning Thursday when India assumes G-20 presidency for a year.
The monuments include Delhi’s Qutub Minar and Purana Qila, Fort Vellore in Tamil Nadu and the Golconda Fort in Hyderabad.
The other monuments on the list include the Sarnath and Dhamek stupas, Fatehpur Sikri and Sikandra in Agra, the Shore Temple in Mahabalipuram and the Charminar in Hyderabad.
The Jageshwar temple in Uttarakhand, the Hazarduari palace in Murshidabad in West Bengal and the Ancient Palace in Leh are also part of the list.
Recent Posts
- 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.