News Snippet
News 1: India’s jobless rate rose to 3-month high of 8% in November
News 2: Digi Yatra initiative
News 3: Centre to cut funds if land is not allotted for housing scheme
News 4: How will global layoffs impact India?
News 5: How the e-rupee will work?
News 6: Nepal elections – Possible outcomes, and implications for India
Other important news:
- India’s entire 2/3-wheeler fleet needs $285 bn to turn electric
- Baguette makes it to UNESCO intangible cultural heritage list
News 1: India’s jobless rate rose to 3-month high of 8% in November
Background
India’s unemployment rate rose to 8% in November, the highest in three months, from 7.77% in the previous month, data from the Centre for Monitoring Indian Economy (CMIE) showed on Thursday.
The urban unemployment rate rose to 8.96% in November from 7.21% in the previous month, according to the data.
The rural unemployment rate slipped to 7.55% from 8.04%, it showed.
Unemployment rate
The unemployment rate is essentially the percentage of working-age people (15 years and above) who are demanding work but not able to get a job.
The underlying size of the labour force — that is, the percentage of working-age people demanding work — itself varies over time and is measured by the Labour Force Participation Rate (LFPR).
Unemployment rate = [Total unemployed / Total Labour Force]
In other words, unemployment rates are expressed as a percentage of the labour force, not the total population.
News 2: Digi Yatra initiative
Background
Passengers traveling from Delhi, Varanasi and Bengaluru will be able to use their face as boarding pass from December 1 to enter these airports, to access the security check area and pass the boarding gate.
Travellers will have to mandatorily provide their Aadhaar details to avail themselves of this service.
Face recognition technology for boarding pass
The technology, however, is not available at airline check-in counters at the moment and is expected to be introduced at a later stage, said airport sources.
Civil Aviation Minister Jyotiraditya Scindia launched the technological initiative called “Digi Yatra” at Indira Gandhi International Airport in Delhi on Thursday.
The facility is also expected to be operational at Hyderabad, Kolkata, Pune and Vijayawada by March 2023, and then gradually across various airports in the country.
The service is voluntary in nature, and is currently available only for domestic flights.
What is DigiYatra and how will it work?
DigiYatra envisages that travellers pass through various checkpoints at the airport through paperless and contactless processing, using facial features to establish their identity, which would be linked to the boarding pass.
With this technology, the entry of passengers would be automatically processed based on the facial recognition system at all checkpoints – including entry into the airport, security check areas, aircraft boarding, etc.
DigiYatra process
Under the DigiYatra process, a passenger will first be required to download the Digi Yatra app on his or her phone, register with an OTP received on the Aadhaar-linked mobile number, upload Aadhaar details and a photo followed by uploading the boarding pass for the upcoming travel.
This will now allow the passenger to enter the airport building after scanning the QR code on the digital boarding pass followed by a facial scan. Next, the passenger can gain access to the security area too with a mere face scan.
The passenger will have to continue to use the traditional method for check-in and baggage drop, which involves a digital or a paper boarding pass along with other identity documents.
Speaking about privacy concerns, Mr. Scindia said that passenger’s identity details and personally identifiable information (PII) will be stored in a secure wallet in the passenger’s phone.
News 3: Centre to cut funds if land is not allotted for housing scheme
Background
The States unable to provide land to the landless beneficiaries of the Union government’s flagship housing scheme by December 15 will find their targets for this financial year redistributed to other States, the Centre warned recently.
This means that the Centre will withdraw its share of funds allocated to errant States under the Centrally sponsored Pradhan Mantri Gramin Awas Yojana (PMAY-G).
Land allocation and housing scheme
More than a fifth of such landless beneficiaries are in Tamil Nadu.
As per the statistics available with the Union Ministry of Rural Development, 2.06 crore houses had been constructed till November 2022.
With the scheme entering its final phase, the construction of houses for at least 2.5 lakh landless beneficiaries across the country is one of the last impediments. However, 43% of landless beneficiaries are yet to be provided with land.
Tamil Nadu, with 56,709 landless beneficiaries still on the wait list, followed by Maharashtra (48,272), Assam (23,064), Odisha (19,869) and Bihar (16,943).
Pradhan Mantri Gramin Awas Yojana (PMAY-G)
Launched: April 2016
Type: Centrally Sponsored Scheme
A goal of building 2.95 crore houses for the rural poor by March 2022, with the target figure derived from the Socio-Economic Caste Census, 2011.
Timeline: The scheme was launched in April 2016 Due to the COVID pandemic, the deadline was extended by two years till March 2024.
Need for housing
Housing is one of the basic requirements for human survival. For a normal citizen owning a house provides significant economic and social security and status in society.
For a shelter less person, a house brings about a profound social change in his existence, endowing him with an identity, thus integrating him with his immediate social milieu.
Objective
To provide pucca house to all who are houseless and living in dilapidated houses in rural areas. The overall target is to construct 2.95 crore pucca houses with basic amenities by March, 2024.
Funding
For plain areas, Central: State = 60:40
For Northeastern areas, Central: State = 90:10
News 4: How will global layoffs impact India?
Background
Over the past two months, a slew of U.S. multinational companies including tech giants Amazon, Meta, Intel, Twitter and financial behemoths like Citi and Morgan Stanley, announced massive layoffs.
According to a global placement and coaching firm, the layoffs crossed 60,000 in September and October. These developments are bound to have an impact, on India’s export prospects, especially in the information technology (IT) sector.
Why are layoffs becoming common?
Alphabet CEO Sundar Pichai had warned of a coming winter in the tech sector earlier this year. A potential economic recession is a big red flag.
With inflation soaring in most parts of the world, central banks have been scrambling since March this year to rein it in by increasing rates so as to make it more costly to borrow and consume. This will eventually affect economic growth and jobs.
The International Monetary Fund (IMF) has cited forecasts for global GDP growth in both 2022 and 2023 as gloomy, given the pandemic and ongoing Russia-Ukraine war. Setting aside the 2008 crisis numbers, estimates for this calendar and the next by the IMF are the weakest since 2001.
What is the outlook for the Indian IT industry?
The Indian IT services firms are among the largest employers in the organised sector and any global economic trend is bound to have an impact on their growth projections. Managements look at headcount numbers critically when they want to cut costs and protect profit margins as they are accountable to investors.
All top companies except Wipro saw a rise in revenue and net profit. Wipro’s net profit slid 9% from a year earlier for the quarter ended September.
The attrition rates, or the number of employees per 100 quitting on their own, of the top two firms, TCS and Infosys, show that these rates are still high, which means that there is enough business for the sector for competitors to draw away employees with promise of higher salaries.
What about start-ups?
News of layoffs in the Indian start-up front is predominantly in EDtech, or the educational technology front. A lesser share of internet users visiting educational websites since the decline of the pandemic is cited as one reason.
News 5: How the e-rupee will work?
Background
The Reserve Bank of India (RBI) on 01st December, 2022 launched the Central Bank Digital Currency (CBDC) — digital rupee or e-rupee (e₹) — for the common man.
What is CBDC or the digital rupee?
CBDC is a legal tender issued by the RBI in digital form. It is the same as the fiat currency, and is exchangeable one-to-one with the fiat currency.
Only its form is different — it is not paper (or polymer) like physical cash. It is a fungible legal tender, for which holders need not have a bank account.
CBDC will appear as ‘liability’ (currency in circulation) on the RBI’s balance sheet.
The e-rupee will be in the form of a digital token representing a claim on the central bank, and will effectively function as the digital equivalent of a banknote that can be transferred electronically from one holder to another.
A token CBDC is a “bearer-instrument” like a banknote, meaning whoever ‘holds’ the tokens at a given point in time will be presumed to own them.
How is RBI introducing the CBDC?
The pilot launched will initially cover four cities — Mumbai, New Delhi, Bengaluru and Bhubaneswar — and will be later extended to Ahmedabad, Gangtok, Guwahati, Hyderabad, Indore, Kochi, Lucknow, Patna, and Shimla.
The pilot will work in a closed user group (CUG) comprising participating customers and merchants, the RBI has said. Select customers from the selected cities will get CBDC wallets with notes printed digitally with the RBI Governor’s signature.
Eight banks will participate in the pilot — the State Bank of India, ICICI Bank, Yes Bank and IDFC First Bank in the first phase in the first four cities, and subsequently, Bank of Baroda, Union Bank of India, HDFC Bank, and Kotak Mahindra Bank.
The scope of the pilot may be expanded gradually to cover more banks, users, and locations.
How can an individual use the e-rupee?
E-rupees will be issued in the same denominations as paper currency and coins, and will be distributed through the intermediaries, that is banks. Transactions will be through a digital wallet offered by the participating banks, and stored on mobile phones and devices.
Transactions can be both person to person (P2P) and person to merchant (P2M). For P2M transactions (such as shopping), there will be QR codes at the merchant location.
A user will be able to withdraw digital tokens from banks in the same way she can currently withdraw physical cash. She will be able to keep her digital tokens in the wallet, and spend them online or in person, or transfer them via an app.
How is this different from other wallets?
Not very different in terms of how it will be used. However, UPI-based apps like Google Pay and Paytm have a daily and per-transaction spending limit.
The RBI has not fixed any limit on holding digital rupees in wallets. Digital rupee transactions above Rs 2 lakh are likely to be reported for tax matters.
What are the types of e-rupee?
Based on usage and the functions performed by the digital rupee, and considering different levels of accessibility, the RBI has demarcated the digital rupee into retail and wholesale categories.
Retail e-rupee (launched on 1st December, 2022) is an electronic version of cash primarily meant for retail transactions, which can potentially be used by almost everyone, and can provide access to safe money for payment and settlements.
Wholesale CBDC is designed for restricted access to select financial institutions. It has the potential to transform the settlement systems for financial transactions undertaken by banks in the government securities (G-Sec) segment and inter-bank market, and make the capital market more efficient and secure in terms of operational costs, use of collateral, and liquidity management.
What was the need to introduce the e-rupee?
Leveraging blockchain technology for the e-rupee is a stepping stone for India becoming a $1 trillion digital economy.
India is witnessing massive growth in digital transactions — the volume and value of UPI transactions increased by 118 per cent and more that 98 per cent respectively in Q2 2022 compared to Q2 2021, said Srinivas Nidugondi, Chief Growth & Transformation Officer at the mobility solutions provider Comviva.
How is CBDC different from cryptocurrency?
Being backed by the RBI, e-rupee is not comparable to private virtual currencies like Bitcoin that have mushroomed over the last decade.
Private virtual currencies sit at substantial odds with the historical concept of money. They are not commodities or claims on commodities as they have no intrinsic value; claims that they are akin to gold seem opportunistic.
Usually, certainly for the most popular ones now, they do not represent any person’s debt or liabilities. There is no issuer. They are not money — certainly not currency — as the word has come to be understood historically.
Cryptos are not backed by the central bank; in fact, the RBI wants the government to ban cryptocurrencies in India.
The inherent design of cryptocurrencies is more geared to bypass the established and regulated intermediation and control arrangements that play the crucial role of ensuring integrity and stability of the monetary and financial ecosystem, says the RBI’s concept note on digital rupee.
What are the benefits of e-rupee?
- Reduced dependency on cash
- Higher seigniorage due to lower transaction costs
- Reduced settlement risk
- Large cash usage can be replaced by CBDCs
- The cost of printing, transporting, storing and distributing currency can be reduced
- Payments are final, and thus reduce settlement risk in the financial system
- The need for interbank settlement disappears
- Enables a more real-time and cost-effective globalization of payment systems
- Reduces operational costs associated with physical cash management
- Enhance settlement efficiency
- Spur innovation in cross-border payments
Will CBDC work in offline mode?
There is no indication yet from the RBI that the e-rupee will function in the offline mode. While offline functionality will allow CBDC transactions in regions with poor or no Internet connectivity and create digital footprints of the unbanked population in the financial system.
The RBI feels that a risk of ‘double-spending’ exists in offline mode — because it will be technically possible to use a CBDC unit more than once without updating the common ledger of CBDC.
However, the RBI has said this can be mitigated to a large extent by technical solutions and appropriate business rules including a monetary limit on offline transactions.
Is it vulnerable to cyber-attacks?
The RBI concept paper says CBDC ecosystems may be at similar risk for cyber-attacks as existing payment systems. Cybersecurity considerations will need to be taken care of, both for the item and the environment.
News 6: Nepal elections – Possible outcomes, and implications for India
Background
Votes are still being tallied in the Nepal parliamentary elections that were held on November 20, only the second since the country adopted its republican constitution in 2015.
From the count so far, the six-party pre-poll alliance led by Prime Minister Sher Bahadur Deuba’s Nepali Congress and the Communist Party of Nepal (Maoist Centre) of Pushpa Kamal Dahal ‘Prachanda’ is in the lead.
What Delhi hopes
From India’s perspective, the continuance of a Deuba-led government is the best scenario. The Nepali Congress has old ties to India, and under his prime ministership, India-Nepal ties recovered to a great extent from the low to which they had sunk under Prime Minister K P Oli’s watch.
After succeeding Oli in a game of thrones in 2021, Deuba made his first visit to India in April this year. The three day tour included Varansi, and the Kasi Vishwanath temple and helped to kick start a relationship that had been in the doldrums since the map controversy over Lipulekh in 2020, with Oli seen to be raking it up for political gain back at home.
The Indian establishment views the former prime minister as “pro-China”. Even before Oli began his first term in October 2015 (it lasted until August 2016), India and Nepal had a bitter falling out over Nepal’s new constitution adopted just a month earlier.
Delhi was upset that the final draft of the Constitution did not include the marginalisation concerns of the Madhesi and the Tharu — two ethnic groups that live in the southern Terai region along the border with India and constitute 40 per cent of Nepal’s population. Madhesis also have strong cross-border ethnic ties.
A blockade of Nepal along the Indian border with tacit support from Delhi crippled supplies to the landlocked country for several months, triggering massive shortages.
Oli turned to China for supplies, signing a trade and transit treaty during a visit to Beijing.
When his government was ousted within a year, Oli blamed India. He became prime minister again in 2018 following the 2017 elections after the unification of the Nepal Communist Party (United Marxist Leninist) with Prachanda’s CPN (Maoist Centre).
China is believed to have played a key role in the unification. In this second term, India-Nepal relations virtually broke down over the map controversy.
Following Deuba’s visit in April this year, Prime Minister Modi visited Lumbini, his fifth visit to Nepal and the first ever by an Indian head of government to the Buddhist holy site, Lord Buddha’s birth place.
Amid discussions on energy co-operation, talk about territory and the call for revising the Indio-Nepal Friendship Treaty quietened.
Dark horses
This election was supposed to bring big change in Nepal. That may not happen, as the old parties have still swung enough seats to put them in position for government formation. But several big guns, including ministers and incumbents have been sent packing by voters.
In the Madhes region, a new challenger has risen in the form of Janamat Party, led by C K Raut, who once campaigned for the region’s secession. The Madesh vote, earlier held by two parties, is now splintered.
Whatever the shape or colour of the new dispensation, the view from Delhi is that it is bound to be shaky and may not last its term due to the pulls and pressures from within.
India-Nepal ties post election
For India, the main challenge in Nepal is China’s looming presence. The nature of the India-China contestation in Nepal is different from elsewhere in South Asia.
Nepal and India have an open 1800 km -long border. Citizens of both countries can traverse this border freely, to live and work.
But sandwiched between the regional giant and an Asian superpower, Nepal is in the crosshairs of intense geopolitical rivalry. This is not necessarily bad as it gives Nepal enormous leverage with both sides, which it could use to secure the best “deal” for itself.
But it also means constant tensions with both neighbours. An alarm is bound to go up in Delhi when China is awarded projects such as the Terai-Madhes Expressway (cancelled by the Nepal Supreme Court earlier this week after Indian bidder Afcons mounted a legal challenge to it), or when China and Nepal discuss railway projects extending to Lumbini, close to the Indian border.
The United States is a recent entrant to the contest, with its interests becoming apparent in the manner in which Deuba’s government managed to find parliamentary support to ratify a long pending but contentious $ 500 million Millennium Challenge Corporation fund hours before it was due to expire.
The agreement will finance road building, building, power transmission lines, and facilitate cross-border electricity trade between Nepal and India.
The ratification has triggered concern that the “Quad has arrived in Nepal” . US diplomacy in Nepal is now more high profile than it used to be.
For Delhi, this is good news right now, as the US presence is seen as strengthening its hands, but for the long term, if geopolitical alliances shift, and India’s own partnerships evolve, there might be a different view.
Rae pointed out that energy trade has been the “big success story” in India-Nepal relations. During Deuba’s visit, the two sides signed a “vision document” on energy co-operation, agreeing to hydropower generation its “cornerstone”.
The elements of this co-operation include joint development of power generation projects in Nepal, development of cross-border transmission infra, bi-directional power trade with appropriate market access on both sides, co-ordination with each other’s national grids, and sharing operational information and technology.
They agreed to expand this co-operation to other countries in the Bhutan Bangladesh India Nepal sub-regional grouping
Other important news
India’s entire 2/3-wheeler fleet needs $285 bn to turn electric
The complete electrification of India’s entire fleet of two and three-wheelers will require financing to the tune of $285 billion (nearly ₹23 lakh crore), according to the World Economic Forum’s White Paper published in collaboration with NITI Aayog.
The WEF paper said the last-mile and urban delivery fleets were leading the adoption of electric two-and three-wheelers in India and were likely the first segments to transition completely to electric.
Baguette makes it to UNESCO intangible cultural heritage list
Baguette — the staple French bread — was inscribed into the UN’s list of intangible cultural heritage (ICH) on November 30.
The baguette is a long and thin loaf made of flour, water, salt and yeast, and is consumed as a staple in France.
What is intangible cultural heritage according to UNESCO?
UNESCO defines “intangible” as “expressions that have been passed from one generation to another, have evolved in response to their environments and contribute to giving us a sense of identity and continuity…”
According to an official document by UNESCO, ‘intangible cultural heritage’ includes “oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe or the knowledge and skills to produce traditional crafts.”
It ascribes importance to “the wealth of knowledge and skills that is transmitted through it from one generation to the next,” which necessitates their preservation.
The document states that the safeguarding of an ICH means ensuring that it “remains an active part of life for today’s generations that they can hand on to tomorrow.”
The adoption of the Convention for the Safeguarding of the ICH by the General Conference of UNESCO in 2003 was a crucial step towards preserving intangible heritage from across the globe.
UNESCO’s list of Intangible Cultural Heritage of Humanity was established in the year 2008.
What are India’s intangible cultural symbols on the UNESCO list?
The elements which have been on the representative list of intangible cultural heritage from India in the past decade include –
- Kolkata’s Durga Puja (2021)
- Kumbh Mela (2017)
- Navroz (2016), Yoga (2016)
- Traditional brass and copper craft of utensil-making among coppersmiths of Punjab (2014)
- Sankirtana, a ritual musical performance of Manipur (2013)
- The Buddhist chanting of Ladakh (2012)
- Chhau dance, Kalbelia folk songs and dance of Rajasthan, and Mudiyettu, a dance drama from Kerala (2010)
- Ramman, a religious festival and theatre performance of Garhwal in the Himalayas (2009)
- Kutiyattam or Sanskrit theatre, and Vedic chanting (2008).
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.