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News Snippet

News 1: NHIT to raise ₹1,500 crore via non-convertible debentures – (Different ways of investment and raising capital. It is important as it forms an important part of capital markets)

News 2: Services sector growth slows to 6-month low, PMI suggests – (PMI gives an indication about the business condition and growth of service sector)

News 3: Govt. releases ₹7,183-crore deficit grant to 14 States – (Revenue deficit grant to states are provided on the basis of 15th finance commission recommendation)

News 4: Cough syrups exported only to the Gambia, finds CDSCO probe – (Location of Gambia and important to differentiate between functions of central and state drug authorities)

News 5: Vyommitra’s skills get a lift-off with digital grey matter (Important as it forms a part of Indian space programme which is included in UPSC GS-3 mains syllabus)

News 6: Supply constraints dented coal-biomass mixing (Biomass as an alternative source of energy which can increase efficiency in co-firing)

News 7: The Indian-made LCH ‘Prachand’ and its significance (Important as indigenization of technology and internal security in GS3 Mains syllabus of UPSC)

News 8: Nobel Prize for Literature (Important as questions have been asked related to awards in OPSC prelims)

News 9: World Bank pares India FY23 growth projection to 6.5% (Growth projection and consequent implications)

Other important news:

  1. Flash floods
  2. Chandraprabha sanctuary and Gir lions
  3. Rajasthan will have department of peace and non-violence

News 1: NHIT to raise ₹1,500 crore via non-convertible debentures

Background

National Highways Infrastructure Trust (NHIT), a registered infrastructure investment trust under the InvIT Regulations and sponsored by the NHAI, has filed its draft prospectus with SEBI to raise ₹1,500 crore by issuing non-convertible debentures.

Non-convertible debentures (NCDs)

  1. Debentures are long-term financial instruments which acknowledge a debt obligation towards the issuer.
  2. The debentures which can’t be converted into shares or equities are called non-convertible debentures (or NCDs).
  3. Non-convertible debentures are used as tools to raise long-term funds by companies through a public issue.
  4. To compensate for this drawback of non-convertibility, lenders are usually given a higher rate of return compared to convertible debentures.
  5. In India, usually these have to be issued of a minimum maturity of 90 days. NCDs may be issued in denominations with a minimum of Rs.5 lakh (face value) and in multiples of Rs.1 lakh. NCD interest rates depend on the company issuing the NCD.
  6. NCD investment can be held by individuals, banking companies, primary dealers, other corporate bodies registered or incorporated in India and unincorporated bodies.

Benefits of non-convertible debentures

  1. Better returns: Secured NCDs provide a higher NCD interest rate to their investors.
  2. Good liquidity: Sell NCD investments on stock exchanges or exercise the Put/Call option.
  3. No upfront tax: No tax is deducted at source as per the provisions of Sec 193 of the IT Act
  4. Diversification: NCD Investments add diversification to your portfolio with income security.

Infrastructure Investment Trust (InvIT)

  1. An Infrastructure Investment Trust (InvITs) is Collective Investment Scheme similar to a mutual fund, which enables direct investment of money from individual and institutional investors in infrastructure projects to earn a small portion of the income as return.
  2. The InvIT is designed as a tiered structure with Sponsor setting up the InvIT which in turn invests into the eligible infrastructure projects either directly or via special purpose vehicles (SPVs).
  3. InvITs are also like mutual funds that pool money from investors. InvITs own and operate infrastructure assets like highways, roads, pipelines, warehouses, power plants, etc. They offer regular income (via dividends) and long-term capital appreciation.
  4. There are listed InvITs, which are traded on the stock exchanges and investors can buy and sell InvIT units just like trading of shares of any listed company. There are unlisted InvITs as well, in which large institutional investors can participate.

News 2: Services sector growth slows to 6-month low, PMI suggests

Background

India’s services sector slowed down as per the S&P Global India Services Purchasing Managers’ Index (PMI).

Reason behind lower service sector growth as per PMI

  1. Price pressures
  2. Increased competition
  3. Unfavourable public policies slowed momentum
  4. Moderation in growth also dampened job creation
  5. Input cost driven high inflation 
  6. Consumer services reported the biggest spike in cost burdens owing to higher energy, food, labour and material costs.
  7. Weak external demand due to declining international orders
  8. Steep depreciation of the rupee
  9. Risks of imported inflation and higher interest rates

Services Purchasing Managers’ Index

  • In order to get an economic insight into a sector, the purchasing managers’ index (PMI) provides an indicator based on surveys of businesses. The most common PMI surveys are the Manufacturing PMI and the Services PMI.
  • The Services PMI provides advanced insight into the services sector, giving investors a better understanding of business conditions and valuable information about the economic backdrop of various markets.

News 3: Govt. releases ₹7,183-crore deficit grant to 14 States

Background

The Finance Ministry released the monthly instalment of revenue deficit grant of ₹7,183 crore to 14 States.

The Post Devolution Revenue Deficit Grant is released, based on the recommendation of the 15th Finance Commission, to Andhra Pradesh, Assam, Himachal Pradesh, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Rajasthan, Sikkim, Tripura, Uttarakhand and West Bengal.

Post Devolution Revenue Deficit Grant

  1. The Post Devolution Revenue Deficit Grants are provided to the States under Article 275 of the Constitution.  The grants are released to the States as per the recommendations of the successive Finance Commissions to meet the gap in Revenue Accounts of the States post devolution.
  2. The 15th Finance Commission has recommended post devolution revenue deficit grants amounting to about Rs. 3 trillion over the five-year period ending FY26.
  3. The eligibility of States to receive this grant and the quantum of grant was decided by the Commission based on the gap between assessment of revenue and expenditure of the State.

News 4: Cough syrups exported only to the Gambia, finds CDSCO probe

Context

After a preliminary inquiry, the Central Drugs Standard Control Organisation (CDSCO) found that the four cough syrups made by Maiden Pharmaceuticals, suspected to have caused the death of children in the Gambia, were exported only to the West African nation.

“Laboratory analysis of samples of each of the four products confirms that they contain unacceptable amounts of diethylene glycol and ethylene glycol as contaminants,” the WHO said in a medical product alert. The ingredients can cause abdominal pain, vomiting, diarrhoea, headache and severe renal injury, it added.

 

Central Drugs Standard Control Organisation (CDSCO)

  1. Ministry: Ministry of Health and Family welfare
  2. Headquarter: New Delhi
  3. The Central Drugs Standard Control Organisation (CDSCO) is India’s national regulatory body for cosmetics, pharmaceuticals and medical devices.

Functions

  1. Under the Drug and Cosmetics Act, the regulation of manufacture, sale and distribution of Drugs is primarily the concern of the State authorities
  2. The Central Authorities are responsible for approval of New Drugs, Clinical Trials in the country, laying down the standards for Drugs, control over the quality of imported Drugs, coordination of the activities of State Drug Control Organisations and providing expert advice with a view of bring about the uniformity in the enforcement of the Drugs and Cosmetics Act.
  3. Drug Controller General of India is responsible for approval of licenses of specified categories of Drugs such as blood and blood products, I. V. Fluids, Vaccine and Sera. 

News 5: Vyommitra’s skills get a lift-off with digital grey matter

Background

Vyommitra, a “female” robot astronaut

Vyommitra, the humanoid designed and developed by the Indian Space Research Organisation (ISRO) to fly aboard unmanned test missions ahead of the Gaganyaan human space-flight mission, is undergoing pre-flight ground tests at the ISRO.

The AI-enabled robot is designed to fly aboard a rocket, withstanding vibrations and shock during the flight. It has been designed to resemble a human with facial expressions and speech and sight capabilities.

Vyommitra will fly aboard the first unmanned test flight ahead of the manned Gaganyaan flight expected in 2024.

Gaganyaan programme

  1. Gaganyaan is the first project taken up by ISRO for demonstrating the human space flight capability.
  2. The Gaganyaan programme envisages undertaking the demonstration of human spaceflight to LEO (Low Earth Orbit) with a crew of three astronauts to 400 km LEO.
  3. As per the mandate of Gaganyaan, two unmanned missions will be undertaken prior to the manned mission.
  4. The main objective of Gaganyaan Programme is to achieve autonomy in access to space providing both tangible and intangible benefits to the development of the national with maximal industry/academia participation and collaboration.
  5. Scientific experiments to advance the knowledge of the solar system are planned to be conducted.
  6. Gaganyaan is a National Programme wherein various National agencies will be collaborating with ISRO. The various stake holders include Indian Armed Forces, DRDO labs, Indian Industries, Premier Academic & Research institutions, CSIR labs, and various Industries spread across India.

News 6: Supply constraints dented coal-biomass mixing

Background

India’s thermal power plant operators were unable to comply with norms that required them to mix coal with a certain proportion of biomass because of inadequate supply chains. (target of replacing 5% of their coal with biomass)

Biomass

Biomass is renewable organic material that comes from plants and animals. Biomass continues to be an important fuel in many countries, especially for cooking and heating in developing countries.

Biomass contains stored chemical energy from the sun. Plants produce biomass through photosynthesis. Biomass can be burned directly for heat or converted to renewable liquid and gaseous fuels through various processes.

Biomass sources for energy include:

  • Wood and wood processing wastes—firewood, wood pellets, and wood chips, lumber and furniture mill sawdust and waste, and black liquor from pulp and paper mills
  • Agricultural crops and waste materials—corn, soybeans, sugar cane, switchgrass, woody plants, and algae, and crop and food processing residues, mostly to produce biofuels
  • Biogenic materials in municipal solid waste—paper, cotton, and wool products, and food, yard, and wood wastes
  • Animal manure and human sewage for producing biogas/renewable natural gas

On combustion of the Biomass, energy is released as the sugars are converted back to carbon-di-oxide. Thus energy is harnessed and released in a short time frame, making Biomass a renewable energy source.

Though fossil fuels have also been derived from atmospheric carbon-di-oxide, the time frame is very long – in the order of millions of years as compared to a few years in case of Biomass.

Currently, Biomass contributes 14% of the total energy supply worldwide and 38% of this energy is consumed in developing countries, predominantly in the rural and traditional sectors of the economy.

Biomass Potential in India

India is a tropical country blessed with sunshine and rains and thus offers an ideal environment for Biomass production. Further, the vast agricultural potential, also makes available huge agro-residues to meet the energy needs. With an estimated production of about 460 million tonnes of agricultural waste every year.

As per Ministry of New and Renewable energy, About 32% of the total primary energy use in the country is still derived from biomass and more than 70% of the country’s population depends upon it for its energy needs.

News 7: The Indian-made LCH ‘Prachand’ and its significance

Background

The indigenously developed Light Combat Helicopter (LCH) Prachand, meaning fierce, was formally inducted into the Indian Air Force at the Jodhpur airbase. The multi-role attack helicopter has been customised as per the requirements of the Indian armed forces to operate both in desert terrains and high-altitude sectors.

The LCH is the only attack helicopter in the world that can land and take off at an altitude of 5,000 metres (16,400 ft). It is also capable of firing a range of air-to-ground and air-to-air missiles.

What is the LCH project?

The LCH project can be traced to the 1999 Kargil war when the armed forces felt the need for a dedicated platform capable of operating at high altitudes and delivering precision strikes as the existing attack choppers couldn’t effectively hit targets.

In October 2006, the government sanctioned the design and development of the LCH. The Indian Army joined the programme in December 2013. The Hindustan Aeronautics Limited (HAL) built four LCH prototypes flight-tested them with over 1,600 total flights logging 1,239 flight hours.

The ground run was first carried out in February 2010 and the first prototype ‘TD-1’ took its maiden flight on March 29, 2010, as the crew carried out low-speed, low-altitude checks on the systems.

The Indian Army formally inducted its first Light Combat Helicopter recently.

What are the main features of LCH?

  1. Powered by twin Shakti engines, a collaborative effort of the HAL and France’s Safran company, the LCH is a 5.8-tonne class combat helicopter with potent ground attack and aerial combat capability.
  2. The helicopter can fly at a maximum speed of 288 kmph and has a combat radius of 500 km, which can go up to a service ceiling of 21,000 feet, making it ideal to operate in Siachen.
  3. It incorporates several stealth features such as reduced radar and infra-red signatures, crashworthy features for improved survivability, armoured-protection systems and night attack capability.

How will the LCH give an edge to the armed forces?

  1. The induction of the LCH into the Air Force has been termed as a “big boost” to the combat prowess of the armed forces and a “potent platform to meet the operational requirements of the IAF and the Army”.
  2. The LCH helicopters can be deployed to assume air defence, anti-tank roles in high-altitude, counter-insurgency, and search and rescue operations, and are equipped with advanced technology which can be used to destroy the enemy’s air defence, as per HAL.
  3. It can be deployed to perform Combat Search and Rescue (CSAR), bunker busting operations, counter-insurgency operations in the jungle and urban areas and support the ground forces.

News 8: Nobel Prize for Literature

Background

French author Annie Ernaux, known for her deceptively simple novels drawing on personal experience of class and gender, was awarded the Nobel Prize in Literature.

Part of school syllabi

  1. Her more than 20 books, many of which have been school texts in France for decades, offer one of the most subtle, insightful windows into the social life of modern France.
  2. Personal experiences are the source for all of Ms. Ernaux’s work and she is the pioneer of France’s “autofiction” genre, which gives narrative form to real-life experience.
  3. Above all, Ms. Ernaux’s crystalline prose has excavated her own passage from working-class girl to the literary elite, casting a critical eye on social structures and her own complicated emotions.

News 9: World Bank pares India FY23 growth projection to 6.5%

Background

The World Bank has trimmed its estimate for India’s growth in the current fiscal year (FY22-23) to 6.5%, one percentage point lower than its previous projection in June and compared with the last fiscal year’s 8.7% pace.

The estimate for the current year was revised due to ‘persistent pressures’. The Indian economy is expected to speed up to 7% in the next fiscal year, before settling back down to 6.1% in FY24-25.

World Bank report “Coping with shocks: Migration and the road to resilience”

  • The slowing in India’s growth during the current fiscal year, relative to the previous one, was because most of the COVID recovery happened last year, the report said.
  • The impact of the Russia-Ukraine war, global monetary tightening, high commodity prices and interest rates impacting domestic demand, contributing to this slowing.
  • Manufacturing and services have been expanding in India since January and growing at a rate faster than the rest of the world.
  • With a relaxing of COVID restrictions, economic activity had picked up, as had demand in contact-intensive sectors.
  • Services and construction had expanded the fastest on the production side, the report said, and private demand had grown year on year, but this was largely due to a low base effect from the second quarter of 2021 when the economy was reeling under the delta wave of COVID.

World Bank

  • Established: 1945 (Bretton Woods institution)
  • Headquarters: Washington DC
  • Type: International financial institution
  • Members: 189 countries (India is a member)
  • The World Bank is the collective name for the International Bank for Reconstruction and Development (IBRD) and International Development Association (IDA), two of five international organizations owned by the World Bank Group.
  • The World Bank provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects.
  • Mission: 
    • End extreme poverty within a generation and boost shared prosperity
    • To end extreme poverty, the Bank’s goal is to decrease the percentage of people living with less than $1.90 a day to no more than 3 percent by 2030.
    • To promote shared prosperity, the goal is to promote income growth of the bottom 40 percent of the population in each country.
  • Reports and Indexes: Ease of Doing business index (Shelved after corruption charges), Human Capital Index, World Development Report

Other important news

Flash floods

  1. Excessive or continuous rainfall over a period of days, or during particular seasons can lead to stagnation of water and cause flooding. Flash floods refer to such a situation but occurring in a much shorter span of time.
  2. For instance, the US’s meteorological agency, the National Weather Service, says flash floods are caused when rainfall creates flooding in less than 6 hours. It adds that flash floods can also be caused by factors apart from rainfall, like when water goes beyond the levels of a dam.
  3. In India, flash floods are often associated with cloudbursts – sudden, intense rainfall in a short period of time.
  4. Himalayan states further face the challenge of overflowing glacial lakes, formed due to the melting of glaciers, and their numbers have been increasing in the last few years.
  5. Flash floods may in the future, begin to take place after wildfires that have been taking place more frequently. This is because wildfires destroy forests and other vegetation, which in turn weakens the soil and makes it less permeable for water to seep through.

 

Chandraprabha sanctuary and Gir lions

Chandraprabha sanctuary in Varanasi has acknowledged that breeding of Gir lions in Chandraprabha sanctuary has failed.

Chandraprabha sanctuary

  1. The Chandra Prabha Wildlife Sanctuary, also known as Chandraprabha, is situated in Chandauli district of Uttar Pradesh.
  2. It is well endowed with beautiful picnic spots, dense forests, and scenic waterfalls like Rajdari, Devdari & Naugarh waterfall that attract tourists every year to its vicinity.
  3. Chandra Prabha Wildlife Sanctuary is situated about 70 kilometres from the historic city of Varanasi.
  4. The Karamnasha River, a tributary of the Ganges, flows through the sanctuary, as does the Chandraprabha River, a tributary of the Karamnasha.
  5. The sanctuary lies within the Lower Gangetic Plains moist deciduous forests ecoregion. Fauna includes leopard, wild boar, Nilgai, Sambar deer, Chinkara and Chital, and many species of birds.

Gir lions

  1. IUCN status: Endangered
  2. Wildlife (Protection) Act, 1972 – Schedule I
  3. CITES status: Appendix I
  4. The Asiatic lion is a population of Panthera leo leo that today survives in the wild only in India.
  5. Since the turn of the 20th century, its range has been restricted to Gir National Park and the surrounding areas in the Indian state of Gujarat. Historically, it inhabited much of the Middle East to northern India.
  6. Gir National Park is the only place in the world outside Africa where a lion can be seen in its natural habitat.
  7. The lions of Gir are a majestic animal, averaging 2.75 metres in length, and with a bigger tail tassle, bushier elbow tufs and prominent belly folds than his African cousin which has larger mane.
  8. The entire forest area of the Gir National Park is dry and deciduous which provides best habitat for Asiatic Lions. As per the new statics of 2015, the entire Saurashtra Region is inhabited by 523 Lions and more than 300 Leopards.
  9. Apart from these two animals the park is a home to two different species of Deer.
  10. The Sambar is counted largest Indian Deer. The Gir forest is also known for the Chowsingha – the world’s only four horned antelope.

Rajasthan will have department of peace and non-violence

Rajasthan is the first state in country to constitute a Department of peace and non-violence

 

 

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    • 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.

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    What is LEAF Coalition?

    • 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.

    Why LEAF Coalition?

    • 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.

    Brazil & India 

    • 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.

    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

    • 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.

    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”.

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    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:

    1. providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations;
    2. all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution;
    3. 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.
    4. Such provinces were to be free to enter separate constitutional arrangements.

    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:

    1. 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;
    2. all residuary powers would belong to the Provinces and the States;
    3. 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;
    4. the provinces would be free to form Groups with executives and legislatures;
    5. and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation.

    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.