News Snippet
News 1: Decline in pre-primary enrolments continued in 2021-22
News 2: Child Welfare Police Officers a must in all police stations
News 3: Amur falcons and Nagaland
News 4: RISAT-2 satellite makes re-entry into Earth’s atmosphere
News 5: Mauna Loa eruption
News 6: Poppy cultivation and Afghanistan
Other important news:
- Bharat Stage emission norms
- Increasing tension in Korean Peninsula
- Impact of US Federal Reserve rate hikes
News 1: Decline in pre-primary enrolments continued in 2021-22
Background
The number of children entering pre-primary classes in 2021-2022 saw a further decline, resulting in 30% fewer students in this school section as compared to pre-Covid as younger students with less access to remote learning continue to bear the biggest brunt of learning loss during the pandemic, according to a report released by the Ministry of Education.
Findings
Enrolment in primary classes, which include classes 1 to 5, saw a drop for the first time, falling from 12.20 lakh in 2020-2021 to 12.18 lakh in 2021-2022. However, the total number of students from primary to higher secondary increased by 19 lakh to 25.57 crore.
Also for the first time since the pandemic, the report records a decline in number of schools due to closures as well as a lack of teachers. There were 20,000 fewer schools in 2021-2022 as the total number of schools dropped from 15.09 lakh to 14.89 lakh.
There were also 1.89 lakh or 1.98% fewer teachers as their number reduced from 96.96 lakh in 2020-2021 to 95.07 lakh in 2021-2022.
Computer facilities were available in 44.75% of schools, while Internet access was available only in 33.9% of schools. However, their availability has improved as compared to pre-Covid when only 38.5% of schools had computers and 22.3% had Internet facilities.
News 2: Child Welfare Police Officers a must in all police stations
Background
The Ministry of Home Affairs has asked the States/Union Territories to appoint a Child Welfare Police Officer (CWPO) in every police station to exclusively deal with children, either as victims or perpetrators.
Child Welfare Police Officer and Special Juvenile Police Unit
Acting on an advisory issued by the National Commission for Protection of Child Rights, the Home Ministry referred to provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015, which calls for designating at least one officer, not below the rank of an Assistant Sub-Inspector, as CWPO in every station.
In a note to all Directors-General of Police, the Home Ministry said the Commission had further requested that a Special Juvenile Police Unit in each district and city, which is headed by an officer not below the rank of a Deputy Superintendent of Police, be established.
The unit would comprise CWPOs and two social workers having experience of working in the field of child welfare, of whom one shall be a woman, to co-ordinate all functions of police in relation to children.
National Commission for Protection of Child Rights
- The National Commission for Protection of Child Rights is an Indian statutory body established by an Act of Parliament
- The Commission works under the aegis of Ministry of Women and Child Development, GoI
- The Commission became operational on 5 March 2007.
News 3: Amur falcons and Nagaland
Background
Nagaland is undertaking the first avian documentation exercise going beyond the Amur falcons, the migratory raptor that put the State on the world birding map.
Amur Falcon
Amur Falcons breed in eastern Siberia and in winter in southern Africa, often congregating in huge roosts on passage through India. They feed mainly on insects that they either catch on the wing or pick from the ground.
Convention on the Conservation of Migratory Species of Wild Animals/Bonn Convention
- CMS brings together the States through which migratory animals pass, the Range States, and lays the legal foundation for internationally coordinated conservation measures throughout a migratory range.
- As the only global convention specializing in the conservation of migratory species, their habitats and migration routes, CMS complements and co-operates with a number of other international organizations, NGOs and partners in the media as well as in the corporate sector.
- Migratory species threatened with extinction are listed on Appendix I of the Convention. CMS Parties strive towards strictly protecting these animals, conserving or restoring the places where they live, mitigating obstacles to migration and controlling other factors that might endanger them.
- Migratory species that need or would significantly benefit from international co-operation are listed in Appendix II of the Convention. For this reason, the Convention encourages the Range States to conclude global or regional agreements.
- In this respect, CMS acts as a framework Convention. The agreements may range from legally binding treaties (called Agreements) to less formal instruments, such as Memoranda of Understanding, and can be adapted to the requirements of particular regions.
Central Asian Flyway
Flyways are the geographical area used by a single or group of migratory birds during their annual cycle
The Central Asian Flyway (CAF) covers a large continental area of Eurasia between the Arctic and Indian Oceans and the associated island chains.
The Flyway comprises several important migration routes of waterbirds, most of which extend from the northernmost breeding grounds in the Russian Federation (Siberia) to the southernmost non-breeding (wintering) grounds in West and South Asia, the Maldives and the Indian Ocean Territory.
The birds on their annual migration cross the borders of several countries. Geographically the flyway region covers 30 countries of North, Central, South Asia and Trans-Caucasus.
How many flyways pass through the Indian sub-continent?
1) Central Asian Flyway (CAF)
- This migration route covers over 30 countries for different waterbirds.
- It connects their northernmost breeding grounds in Siberia, Russia to the southernmost non-breeding grounds in West and South Asia, the Maldives and British Indian Ocean Territory.
2) East Asian Australasian Flyway (EAAF)
- It extends from Arctic Russia and North America to the southern limits of Australia and New Zealand.
- It covers large areas of East Asia, all of Southeast Asia. Importantly, it includes eastern India as well as Andaman and Nicobar Islands.
- This flyway region covers 30 countries of North, Central and South Asia and Trans-Caucasus.
- It covers at least 279 populations of 182 migratory waterbird species, including 29 globally threatened and near-threatened species.
3) Asian East African Flyway (AEAF)
- It extends from Arctic Russia to South Africa and Madagascar in Africa.
- In the Indian subcontinent covers the area from west of Tibetan plateau and Himalayas including central Asia and West Asia. North-western India is also covered.
What is Raptor MoU?
Memorandum of Understanding on the Conservation of Migratory Birds of Prey in Africa and Eurasia is also known as Raptor MoU. Raptors MoU is an agreement under CMS. India is a signatory to Raptor MoU but it is not legally binding.
News 4: RISAT-2 satellite makes re-entry into Earth’s atmosphere
Background
ISRO’s RISAT-2 satellite, launched in 2009, has made an uncontrolled re-entry into the Earth’s atmosphere. RISAT-2 satellite, weighing about 300 kg, made an uncontrolled re-entry in the Indian Ocean near Jakarta on October 30.
RISAT-2
- RISAT-2 was launched by the PSLV-C12 launch vehicle 13 years ago.
- ISRO said that though the initial designed life of the satellite was four years, due to proper maintenance of orbit and mission planning by the spacecraft operations team in ISRO and by economical usage of fuel, RISAT-2 provided very useful payload data for 13 years.
- RISAT-2, or Radar Imaging Satellite-2 was an Indian radar imaging reconnaissance satellite that was part of India’s RISAT programme.
- It is India’s first dedicated reconnaissance satellite.
- It is designed to monitor India’s borders and as part of anti-infiltration and anti-terrorist operations.
News 5: Mauna Loa eruption
Background
The ground is shaking and swelling at Mauna Loa, the largest active volcano in the world, indicating that it could erupt.
Where is Mauna Loa?
Mauna Loa is one of five volcanoes that together make up the Big Island of Hawaii, which is the southernmost island in the Hawaiian archipelago.
It’s not the tallest (that title goes to Mauna Kea) but it’s the largest and makes up about half of the island’s land mass.
It sits immediately north of Kilauea volcano, which is currently erupting from its summit crater. Kilauea is well-known for a 2018 eruption that destroyed 700 homes and sent rivers of lava spreading across farms and into the ocean. Mauna Loa last erupted 38 years ago.
It’s about 200 miles (320 kilometers) south of Hawaii’s most populous island, Oahu, where the state capital Honolulu and beach resort Waikiki are both located.
Will Mauna Loa erupt like Kilauea?
Mauna Loa’s eruptions differ from Kilauea’s in part because it is taller. Its greater height gives it steeper slopes, which allow lava to rush down its hillsides faster than Kilauea’s. Its enormous size may allow it to store more magma, leading to larger lava flows when an eruption occurs.
Mauna Loa has a much larger magma reservoir than Kilauea, which may allow it to hold more lava and rest longer between eruptions than Kilauea.
Where will Mauna Loa erupt from?
Scientists won’t know until the eruption begins. Each eruption since 1843 started at the summit. Half the time, the volcano later also began erupting from vents at lower elevations.
The other half of the time it only erupted in the summit caldera. Scientists can’t tell far in advance when and where Mauna Loa will open new vents and erupt. Vents generally form along the volcano’s rift zone.
That’s where the mountain is splitting apart, the rock is cracked and relatively weak and it’s easier for magma to emerge. An eruption from vents on the southwest rift zone could hit residential communities, coffee farms or coastal villages on the west side of the island. Lava could reach homes in just hours or days.
It could take lava weeks or months to reach populated areas on this side of the mountain. Scott Rowland, a geologist at the University of Hawaii at Manoa, said there’s no pattern when it comes to where an eruption will occur. “Just because the last one was on the northeast rift zone does not mean the next one will be down the southwest rift zone,” he said.
Will Mauna Loa explode like Mount St. Helens?
Fifty-seven people died when Washington state’s Mount St. Helens erupted in 1980 and blasted more than 1,300 feet (400 meters) off the top of the mountain. Steam, rocks and volcanic gas burst upward and outward.
A plume of volcanic ash rose over 80,000 feet (24,384 meters) and rained down as far as 250 miles (400 kilometers) away. Hawaii volcanoes like Mauna Loa tend not to have explosion eruptions like this.
That’s because their magma is hotter, drier and more fluid, said Hannah Dietterich, a research geophysicist at the U.S. Geological Survey’s Alaska Volcano Observatory. The magma in Mount St. Helens tends to be stickier and traps more gas, making it much more likely to explode when it rises.
The gas in the magma of Hawaii’s volcanoes tends to escape, and so lava flows down the side of their mountains when they erupt. Hawaii’s volcanoes are called shield volcanoes because successive lava flows over hundreds of thousands of years build broad mountains that resemble the shape of a warrior’s shield.
Shield volcanos are also found in California and Idaho as well as Iceland and the Galapagos Islands.
Volcanoes like Mount St. Helens are called composite or stratovolcanoes. Their steep, conical slopes are built by the eruption of viscous lava flows and rock, ash and gas. Japan’s Mount Fuji is another example of a composite volcano.
How do scientists monitor Mauna Loa?
The Hawaiian Volcano Observatory has more than 60 GPS stations on Mauna Loa taking measurements to estimate the location and the amount of magma accumulating beneath the surface. Scientists use tiltmeters to track long-term changes in the tilting of the ground, helping them identify when the ground is swelling or deflating.
A rapid change in tilt can indicate when an eruption will occur. There’s also a thermal webcam at Mauna Loa’s summit that will identify the presence of heat. And satellite radar can keep track of ground swelling and deflation.
Shield volcanoes
These are volcanoes shaped like a bowl or shield in the middle with long gentle slopes made by basaltic lava flows. These are formed by the eruption of low-viscosity lava that can flow a great distance from a vent.
They generally do not explode catastrophically. Since low-viscosity magma is typically low in silica, shield volcanoes are more common in oceanic than continental settings. The Hawaiian volcanic chain is a series of shield cones, and they are common in Iceland, as well.
Stratovolcano or Composite volcano
Composite volcanoes are steep-sided volcanoes composed of many layers of volcanic rocks, usually made from high-viscosity lava, ash and rock debris. These types of volcanoes are tall conical mountains composed of lava flows and other ejecta in alternate layers, the strata that give rise to the name.
Composite volcanoes are made of cinders, ash, and lava. Cinders and ash pile on top of each other, lava flows on top of the ash, where it cools and hardens, and then the process repeats.
Pacific ‘Ring of Fire’
The Pacific ‘Ring of Fire’ or Pacific rim, or the Circum-Pacific Belt, is an area along the Pacific Ocean that is characterised by active volcanoes and frequent earthquakes.
It is home to about 75 per cent of the world’s volcanoes – more than 450 volcanoes. Also, about 90 per cent of the world’s earthquakes occur here.
Its length is over 40,000 kilometres and traces from New Zealand clockwise in an almost circular arc covering Tonga, Kermadec Islands, Indonesia, moving up to the Philippines, Japan, and stretching eastward to the Aleutian Islands, then southward along the western coast of North America and South America.
The area is along several tectonic plates including the Pacific plate, Philippine Plate, Juan de Fuca plate, Cocos plate, Nazca plate, and North American plate. The movement of these plates or tectonic activity makes the area witness abundant earthquakes and tsunamis every year.
Along much of the Ring of Fire, tectonic plates move towards each other creating subduction zones. One plate gets pushed down or is subducted by the other plate. This is a very slow process – a movement of just one or two inches per year. As this subduction happens, rocks melt, become magma and move to Earth’s surface and cause volcanic activity
News 6: Poppy cultivation and Afghanistan
Background
Driven by the demand for heroin and other opioids, mostly in the West, Afghanistan’s poppy farmers have figured out that in a broken country where there are no jobs, and the de facto government has no money, poppy guarantees survival.
Afghanistan’s illicit narcotics industry thrived under the puritanical first Taliban regime, it flourished — with some ups and downs mostly related to demand — through two decades of “democracy”, and it continues to do so under the new Taliban regime.
United Nations Office on Drugs and Crime (UNODC) Report
The land under poppy cultivation in Afghanistan in 2021 (October and November are the sowing season) increased by 32 per cent over the previous year.
The UNODC report says the 2021 harvest of 6,200 tonnes, 10 per cent less than in 2021, could be converted into 350-380 tonnes of export-quality heroin.
Eighty per cent of the world’s opiates come from Afghanistan.
With the Taliban back in power, Afghanistan’s situation is not very different from the 1990s. Still international outcasts and with no access to global funding, they are scrambling to raise money by levying taxes, as humanitarian aid keeps Afghanistan going.
Against this background, opiates are now “a crucial pillar of Afghanistan’s economy and permeate the rural society to the extent that many communities…have become dependent on the income from opium to sustain their livelihoods,” the UN report says.
The opiate economy, including local consumption and export, was valued at 9-14% per cent of the country’s GDP. With a shrinking GDP in 2022, it may now represent an even bigger share of the economy, the report says.
Regional concern
Russia and Afghanistan’s Central Asian neighbours view drugs as a top concern, more perhaps than the threat of religious extremism, radicalisation, and terrorism. India has voiced concerns about it from time to time.
At the Shanghai Co-operation Organisation security meetings, the threat of terrorism and drug trafficking from Afghanistan are discussed as inter-related threats to regional and global security.
Golden Crescent and Golden Triangle
Golden Crescent
The Golden Crescent is the name given to one of Asia’s two principal areas of illicit opium production and this space covers the mountainous peripheries of Afghanistan and Pakistan, extending into eastern Iran.
Golden Triangle
The Golden Triangle is the area where the borders of Thailand, Laos, and Myanmar meet at the confluence of the Ruak and Mekong rivers.
United Nations Office on Drugs and Crime
Established: 1997
Headquarter: Vienna, Austria
The agency’s focus is the trafficking in and abuse of illicit drugs, crime prevention and criminal justice, international terrorism, and political corruption. It is a member of the United Nations Development Group.
Other important news
Bharat Stage Emission norms
These are the standards set up by the Indian government which specify the amount of air pollutants from internal combustion engines, including those that vehicles can emit. If these emit more pollutants than the prescribed limit, they don’t get a clearance to be sold in an open market.
Bharat Stage Emission Standards have been instituted by the Central Pollution Control Board (CPCB), instituted within the Ministry of Environment Forests and Climate Change.
Vehicle emission norms were introduced in India in 1991 for petrol and in 1992 for diesel vehicles. Since 2000, Euro norms are followed in India under the name Bharat Stage Emission Standards for four wheeled vehicles. Bharat stage III norms have been enforced across India since October 2010.
Upgradation of emission norms
Upgrading the emission norms requires the manufacturing companies to upgrade their technology, which in turn increases the cost of the vehicle. Cost is one of the main reasons for the slow upgrade of emission standards.
However, there are also arguments that the increase in cost is made up by savings in health costs as the pollutants causing diseases are decreased with the upgrade in emission standards. Fuels also play a crucial role in meeting these emission norms. Fuel specifications have also been aligned to its corresponding European production norms.
Increasing tension in Korean Peninsula
Tensions escalated in the Korean peninsula as North Korea fired at least 20 missiles east and west of its southern neighbour, with one landing near South Korean territorial waters for the first time since the two countries were divided in 1953.
The escalation comes after North Korea warned against the recent joint military drills between the United States and South Korea, which it views as provocative and a rehearsal for an invasion.
The US and South Korea began their largest-ever joint drills on Monday, called Operation Vigilant Storm, during a period of national mourning in South Korea, following a deadly crowd surge in Seoul on Saturday in which over 150 people died.
Impact of US Federal Reserve rate hikes
Fed’s continuous rate hikes does not augur well for emerging markets including India. An increase in US interest rates results in an outflow of funds to US markets, putting their stock markets and currencies under pressure. Equity markets are likely to see increased volatility in the next few months.
RBI may not follow the Federal Reserve’s rate hike as it has to consider domestic factors, especially retail inflation, while reviewing the interest rates.
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.