News snippet
News 1: Solar Alliance approves funding mechanism
News 2: SC asks govt. to develop modules on drug abuse that can render as order
News 3: Centre increases minimum support price for rabi crops
News 4: Defence cooperation with different countries
News 5: ‘Court cannot issue direction to frame Universal Civil Code’
News 6: Japan seeks GI tag for nihonshu, an alcoholic beverage
News 7: Grazing animals key to long-term soil carbon stability: IISc study
News 10: NOAA Report about warming
News 11: Tipping points of global warming
News 12: Can Governor Khan dismiss a state minister?
Other important news:
- Booker Prize
- Counterfeit notes in circulation
News 1: Solar Alliance approves funding mechanism
Background:
- To bolster investments in solar power projects, the International Solar Alliance (ISA), in its General Assembly meeting here on Tuesday, approved the ‘Solar Facility’, a payment guarantee mechanism expected to stimulate investments into solar projects through two financial components — a Solar Payment Guarantee Fund and Solar Insurance Fund.
Solar Facility
- The thrust of the facility is to attract private capital to flow into “underserved markets” in Africa. The ISA would aim to crowdsource investments from various donors across the globe and proposed projects in Africa would be able to purchase payment guarantees or partial insurance premium from these funds, said a statement from the ISA.
- ISA’s mission is to unlock US $1 trillion (₹80 lakh crore) of investments in solar power by 2030 while reducing cost of the technology and its financing.
International Solar Alliance:
Established: 2015 (It was conceptualized on the sidelines of the 21st Conference of Parties (COP21) to the United Nations Framework Convention on Climate Change (UNFCCC) held in Paris in 2015)
Headquarters: Gurugram
Members: 90 countries who have signed and ratified the ISA Framework Agreement (Countries that do not fall within the Tropics can join the alliance and enjoy all benefits as other members, with the exception of voting rights)
Type: Treaty based intergovernmental organization
- The International Solar Alliance (ISA) is a treaty based inter-governmental organization working to create a global market system to tap the benefits of solar power and promote clean energy applications.
- The ISA strives to develop and deploy cost-effective and transformational energy solutions powered by the sun to help member countries develop low-carbon growth trajectories, with particular focus on delivering impact in countries categorized as Least Developed Countries (LDCs) and the Small Island Developing States (SIDS).
- The Paris Declaration that established the ISA states that the countries share the collective ambition to undertake innovative and concerted efforts to reduce the cost of finance and technology for deployment of solar generation assets.
- The ISA aims to pave the way for future solar generation, storage and technologies for Member countries’ needs by mobilising over USD 1000 billion by 2030.
- Achievement of ISA’s objectives will also strengthen the climate action in member countries, helping them fulfil the commitments expressed in their Nationally Determined Contributions (NDCs).
Objective:
- Parties hereby establish an International Solar Alliance (hereinafter referred to as the ISA), through which they will collectively address key common challenges to the scaling up of solar energy in line with their needs.
- ISA’s vision to enable One World, One Sun, One Grid
Goals:
- The ISA is guided by its ‘Towards 1000’ strategy which aims to mobilise USD 1,000 billion of investments in solar energy solutions by 2030, while delivering energy access to 1,000 million people using clean energy solutions and resulting in installation of 1,000 GW of solar energy capacity. This would help mitigate global solar emissions to the tune of 1,000 million tonnes of CO2 every year.
News 2: SC asks govt. to develop modules on drug abuse that can render as order
Background:
- The Supreme Court on Tuesday highlighted that drug abuse had gripped society even as the government said elite departments such as the National Investigation Agency (NIA) and Directorate of Revenue Intelligence were examining ways to plug loopholes and augment preventive mechanisms to counter the menace while examining a possible “narco-terror angle”.
- “Drug menace is gripping society. We need you to think of some of the module, ideas which can translate as an order which we can pass to govern the entire situation,” Chief Justice of India U.U. Lalit, leading a Bench, addressed Additional Solicitor General Aishwarya Bhati, appearing for the Centre.
Distribution networks
- The distribution networks had become more systematic, organised and widespread. Narcotics worth ₹30,000 crore had been seized in the past several months, he said. Mr. Alam also referred to the recent drug haul at the Mundra port and to reports by the Narcotics Control Bureau, the United Nations Office on Drugs and Crime, the Comptroller and Auditor General and even the the All India Institute of Medical Sciences, which showed that a “sizeable population” was addicted.
- The suo motu case was taken up on the basis of letter from a citizen to the Supreme Court, highlighting the alarming increase in drug abuse, especially among school children and youth.
- Several High Courts have in the past taken cognisance of the shadow cast by the drug mafia on society. In 2020, the Madras High Court had observed that drug abuse was one of the major triggers behind commission of heinous offence.
- The Kerala High Court had directed the State government to establish campus police units in educational institutions. The Punjab and Haryana High Court has been for a time hearing a case on rampant drug problem in Punjab.
Drug Abuse:
- Drug abuse or substance abuse refers to the use of certain chemicals for the purpose of creating pleasurable effects on the brain.
Causes of drug use
Drugs of abuse are usually psychoactive drugs that are used by people for various different reasons which may include:
- Curiosity and peer pressure, especially among school children and young adults
- The use of prescription drugs that were originally intended to target pain relief may have turned into recreational use and become addictive
- Chemicals may be used as part of religious practices or rituals
- Recreational purposes
- As a means of obtaining creative inspiration
Efforts by Government:
Nasha Mukt Bharat Abhiyan:
- Nasha Mukt Bharat Abhiyaan (NMBA) has been launched for 272 Districts across 32 State/Union Territories that have been identified as the most vulnerable in terms of usage of drugs in the country.
- These vulnerable districts were identified on the basis of findings from the Comprehensive National Survey and the inputs provided by the Narcotics Control Bureau (NCB).
Objectives:
- Awareness generation programmes
- Focus on higher educational Institutions, university campuses and schools
- Reaching out to the Community and identifying dependent population
- Focus on counselling and treatment facilities in hospitals and rehabilitation centres that have been geo-tagged
- Capacity building programmes for service providers
Institutions:
The Ministry of Social Justice and Empowerment supports organizations that work for preventive education & awareness generation on substance abuse, capacity building, treatment and rehabilitation. These organizations are:
- Integrated Rehabilitation Center For Addicts (IRCAs): are de-addiction centres with inpatient facilities of counselling and treatment for drug dependent persons
- Community Peer Led Intervention (CPLI): work with the community supported by youth volunteers for early preventive education, especially for vulnerable adolescents and youth in the community
- Outreach And Drop In Centres (ODIC): provide facilities of screening, assessment and counselling along with providing referral & linkage to treatment and rehabilitation services for drug dependents
- GEO Location: Ministry supported institutions providing Drug addiction counseling, treatment and rehabilitation and other facilities have been Geo-tagged to make their services accessible and easier to locate
News 3: Centre increases minimum support price for rabi crops
Background:
- The Cabinet Committee on Economic Affairs announced an increase of 2% to 9% in the Minimum Support Prices (MSP) for six mandated rabi crops for this season. The sowing of the six crops has started.
Minimum Support Price:
- Minimum Support Price (MSP) is a form of market intervention by the Government of India to insure agricultural producers against any sharp fall in farm prices. The minimum support prices are announced by the Government of India at the beginning of the sowing season for certain crops on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP).
- The major objectives are to support the farmers from distress sales and to procure food grains for public distribution. In case the market price for the commodity falls below the announced minimum price due to bumper production and glut in the market, government agencies purchase the entire quantity offered by the farmers at the announced minimum price.
Determinants of MSP:
While recommending price policy of various commodities under its mandate, the Commission keeps in mind the various Terms of Reference (ToR) given to CACP in 2009. Accordingly, it analyzes
1) demand and supply;
2) cost of production;
3) price trends in the market, both domestic and international;
4) inter-crop price parity;
5) terms of trade between agriculture and non-agriculture;
6) a minimum of 50 percent as the margin over cost of production; and
7) likely implications of MSP on consumers of that product.
It may be noted that cost of production is an important factor that goes as an input in determination of MSP, but it is certainly not the only factor that determines MSP.
Commision for Agricultural Costs & Prices
- Established: 1965
- Type: Attached office of Ministry of Agriculture and Farmers’ welfare
- Mandate:It is mandated to recommend minimum support prices (MSPs) to incentivize the cultivators to adopt modern technology, and raise productivity and overall grain production in line with the emerging demand patterns in the country.
- MSP for major agricultural products are fixed by the government, each year, after taking into account the recommendations of the Commission.
- As of now, CACP recommends MSPs of 23 commodities, which comprise 7 cereals (paddy, wheat, maize, sorghum, pearl millet, barley and ragi), 5 pulses (gram, tur, moong, urad, lentil), 7 oilseeds (groundnut, rapeseed-mustard, soyabean, seasmum, sunflower, safflower, nigerseed), and 4 commercial crops (copra, sugarcane, cotton and raw jute).
- CACP submits its recommendations to the government in the form of Price Policy Reports every year, separately for five groups of commodities namely Kharif crops, Rabi crops, Sugarcane, Raw Jute and Copra
News 4: Defence cooperation with different countries
India – UK defence cooperation:
- Defence industry organisations from India and the U.K. have decided to create a new Defence Industry Joint Working Group (JWG) for more effective cooperation, according to the U.K. High Commission.
- The U.K. recently issued its first Open General Export License in the Indo-Pacific region to India, shortening delivery times for defence procurement. U.K. industry is already integrating Indian defence suppliers into their global supply chain.
India Africa Defence dialogue:
- India does not believe in a hierarchical world order where a few countries are considered superior to others, Defence Minister Rajnath Singh said, addressing the 2nd India-Africa Defence Dialogue (IADD) at the DefExpo 2022.
- He invited African countries to explore Indian defence equipment and technologies, stating that India has emerged as a leading defence exporter in recent years. “
- Africa, South East Asia and Middle East have emerged as major focus areas as India looks to emerge as a major global arms exporter.
- Stating that peace, security and development are inter-related, he said security is essential for enabling development in the region.
- The IADD adopted a ‘Gandhinagar declaration’ as an outcome document. It proposes to enhance cooperation in the field of training in all areas of mutual interest by increasing training slots and deputation of training teams, empowerment and capability building of the defence forces of Africa, participation in exercises and humanitarian assistance during natural disasters, the Defence Ministry said in a statement.
- Mr. Singh termed India and African countries as important stakeholders in ensuring a safe and secure maritime environment, especially in the Indian Ocean Region while reiterating India’s support to Africa to deal with challenges of conflict, terrorism and violent extremism.
News 5: ‘Court cannot issue direction to frame Universal Civil Code’
Background:
- Citizens belonging to different religions and denominations follow different property and matrimonial laws which is an “affront to the nation’s unity”, the government said in the Supreme Court.
- Article 44 (Uniform Civil Code) divests religion from social relations and personal law, it maintained.
- The preliminary submissions are part of recent affidavits filed by the Union Law Ministry to petitions, which was filed by advocate Ashwini Kumar Upadhyay, seeking directions from the top court to the government to remove “anomalies” and frame uniform divorce law and uniform guidelines for adoption and guardianship of children.
- The government said the power to make laws is exclusively that of the legislature. The court cannot give a “mandamus to Parliament to make certain laws”. “This is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the court. It is for the legislature to enact or not enact a piece of legislation,” the Ministry said. It added Mr. Upadhyay’s petition was not maintainable.
Article 44 of Directive Principles of State Policy:
- The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
What will Uniform Civil Code do?
- The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
- When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.
- The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
Why is Article 44 important?
- The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
- Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44.
- It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
- Ambedkar in his speech in the Constituent Assembly had said, “No one need be apprehensive that if the State has the power, the State will immediately proceed to execute…that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so.”
News 6: Japan seeks GI tag for nihonshu, an alcoholic beverage
Background:
- The Embassy of Japan, New Delhi, has filed an application seeking Geographical Indication (GI) tag for nihonshu/Japanese sake, an alcoholic beverage.
- It is learnt that this is the first time a product from Japan has filed for a tag at the Geographical Indication Registry in Chennai.
Nihonshu:
- According to details provided in the filing, in Japan, nihonshu is regarded as a special and valuable beverage made from fermenting rice. People traditionally drink nihonshu on special occasions, such as festivals, weddings or funerals, but it is also consumed on a daily basis.
- Thus, it is an integral part of the lifestyle and culture in Japan. The sake market (almost all are nihonshu) is the second largest brewed liquor (such as beer) market in Japan.
Geographical Indicator tag:
- A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.
- A geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.
- India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.
What type of products are covered under Geographical Indications?
- Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.
Geographical Indication protection period:
- Geographical indications registered as collective and certification marks are generally protected for renewable ten-year periods.
News 7: Grazing animals key to long-term soil carbon stability: IISc study
Background:
- A study carried out by researchers at the Centre for Ecological Sciences (CES) and the Divecha Centre for Climate Change (DCCC), IISc, has revealed that grazing animals hold the key to long-term soil carbon stability.
Importance of grazing animals in maintaining soil carbon stability:
- The 16-year-long study carried out by CES and DCCC researchers states that large mammalian herbivores like the Yak and Ibex play a crucial role in stabilising the pool of soil carbon in grazing ecosystems such as the Spiti region in the Himalayas.
- Experimental removal of grazing by herbivores from such ecosystems was found to increase the fluctuations in the level of soil carbon, which can have negative consequences for the global carbon cycle.
- According to the study, since soil contains more carbon than all plants and the atmosphere combined, it is important to ensure its persistence. When plants and animals die, dead organic matter remains in the soil for a long duration before microbes break it down and release carbon into the atmosphere as carbon dioxide.
- “The soil pool is a reliable sink for trapping carbon. Maintaining stable levels of carbon in the soil is therefore key to offsetting the effects of climate change, ” said Sumanta Bagchi, associate professor at CES and senior author of the study.
- A key factor underlying the carbon level fluctuations was nitrogen. Depending on the soil conditions, nitrogen can either stabilise or destabilise the carbon pool. Grazing by herbivores, however, changes their interactions in ways that tip the balance in favour of the former, the researchers found, stated IISc.
Soil carbon:
- Soil organic carbon is a measureable component of soil organic matter. Organic matter makes up just 2–10% of most soil’s mass and has an important role in the physical, chemical and biological function of agricultural soils.
- Soil organic carbon (the carbon stored in soil organic matter) is crucial to soil health, fertility and ecosystem services, including food production – making its preservation and restoration essential for sustainable development.
Impact of soil organic carbon loss:
- The degradation of one third of the world’s soils has released up to 78 Gt of carbon into the atmosphere. Further damage to soil carbon stocks through poor land management would hamper efforts to limit global temperature rise this century and so avoid increased floods, droughts and other negative climate change impacts.
- As the climate changes, it is likely that more carbon will be lost to the atmosphere than be sequestered into the soil, resulting in a land carbon–climate feedback loop that could further accelerate climate change.
- Of particular concern are hotspots such as peatlands, permafrost and grasslands, which contain the highest amount of soil organic carbon.
- Soils with high carbon content are likely to be more productive and better able to filter and purify water. Soil organic carbon plays a big role in climate change, presenting both a threat and an opportunity to help meet the targets of the Paris Agreement.
News 8: NOAA Report about warming
Background:
- This year’s September was the fifth warmest in 143 years, with the recorded global average temperature rising by 0.88 degree Celsius over the 20th century average, the National Oceanic and Atmospheric Administration (NOAA) said in its latest report.
- With this, the US-based NOAA confirmed that 2022 could feature among the 10 warmest years ever recorded on Earth.
- Higher than normal temperatures were recorded over Africa, north America, southern Asia, Atlantic, and northern South America regions. Near normal or cooler temperatures were recorded over Europe, northern Asia, most parts of India, and southeastern Pacific Ocean, the NOAA report said.
- This was mainly due to above average rainfall over northern and southern Asia, Australia, central Europe, Caribbean islands and southeastern US.
- Last month, the sea-ice extent coverage dropped to the eighth lowest ever. The Arctic sea ice now cover 5.95 lakh square miles below the 1981-2010 average, whereas the Antarctica sea ice is 1.90 lakh square miles below average.
News 9: Tipping points of global warming
Background:
- While the world is worried about restricting global warming to within 1.5 degree or 2 degree Celsius, a new study has found that even the current level of average global temperatures — about 1.1 degree Celsius higher than preindustrial times — is enough to trigger catastrophic changes in several climatic systems.
- The study, published recently in Science journal, has warned that the thresholds for many of these systems could be crossed at the current levels of warming, setting off self-perpetuating changes that could put living beings at serious risk.
Research on tipping points of global warming:
- The discussion on climate tipping points is not new, and several studies in the past 15 years have identified different tipping points such as the disintegration of Greenland ice sheet, a spontaneous reduction in Amazon forest cover, melting of glaciers, or softening of the permanently frozen grounds in the polar regions that have large amounts of carbon trapped in them.
Tipping points at work
- Rising temperatures are causing largescale changes in these climatic systems. Glacial melt, thinning of Arctic ice, rise in sea-levels are all well-documented and visible changes. However, it is still possible, at least theoretically, to arrest these changes, or even reverse them over time. But once the tipping points are crossed, this possibility no longer exists. It is like the dam burst moment.
- The process of change becomes self-perpetuating. It feeds into itself and accelerates the process. What is worse, it also feeds into and accelerates other linked processes.
Greenland ice sheet issue:
- The Greenland ice sheet, which is already melting, is a good example to illustrate this process. As it melts, the height of the ice sheet gradually reduces. In the process, a larger part of it gets exposed to warmer air.
- That is because air is warmer at lower altitudes than at higher altitudes. The exposure to warmer air expedites the process of melting.
- Once the tipping point is crossed, this becomes a self-sustaining and cyclic system. The system does not reverse even if the global temperatures stop rising.
Amazon forests:
- Similar is the case with Amazon forests. These play a very important role in causing rains in the region. If deforestation continues unabated, there would be fewer and fewer trees, which would reduce rainfall, causing further stress on the trees. Once again, it develops into a self-perpetuating process.
Permafrost:
- Several areas of the world remain frozen throughout the year. These are known as permafrost. Because they have remained in this state for centuries, they hold large amounts of carbon — from plants and animals that died and decomposed over the years — trapped in them.
- It is estimated that the permafrost layers hold as much as 1,700 billion tonnes of carbon, mainly in the form of carbon dioxide and methane. In comparison, the global emissions of carbon in a year are in the range of 40 billion tonnes.
- The softening or melting of permafrost layers is already releasing some carbon into the atmosphere. This release of carbon is adding to the warming, which in turn is expediting the process of softening of permafrost layers. This too has a tipping point beyond which it would become a self-perpetuating cycle.
New findings
- But more recent information, including those presented by the Intergovernmental Panel on Climate Change (IPCC), suggest that most of these tipping points would be crossed between 1 and 2 degree Celsius temperature rise.
- The latest study has presented evidence to suggest that some of these tipping points could be met even at the current levels of warming. It has shown that the present 1.1 degree Celsius warming was within the lower end of temperature ranges for at least five tipping points.
- It means that these self-perpetuating changes could possibly have already begun. For warming between 1.5 degree and 2 degree Celsius, six tipping points become “likely” and four more become “possible”, the study has said..
Policy response
- The findings of this study are expected to further amplify the voices asking for increase in efforts to restrict global warming. The sixth assessment report of the IPCC released earlier this year had said that global emissions of greenhouse gases needed to peak by 2025, and reduce by 43 per cent from current levels by 2030, if the 1.5 degree Celsius target was to be achieved. With the current level of efforts, the world is on the path to become more than 2 degree warmer by the year 2100.
- However, it is unlikely that countries would significantly increase the ambition of their climate action in the next few years. If anything, the progress is only likely to slow down because of the impacts of the Ukraine war on the energy supply chains across the world.
News 10: Can Governor Khan dismiss a state minister?
Background:
- Kerala Governor Arif Mohammed Khan, who is locked in a standoff with the elected government on a range of issues including appointments to the state-run Kerala University, on Monday threatened to sack ministers who “lowered the dignity” of his office.
- A statement on Khan’s official Twitter handle said: “The CM and Council of Ministers have every right to advise the Governor. But statements of individual ministers that lower the dignity of the office of the Governor, can invite action including withdrawal of pleasure.”
- There has been no occasion so far of a Governor unilaterally removing a minister from the government.
What role does the Governor play in the parliamentary system?
- The position, role, powers, and conditions of office of the Governor are described in Articles 153-161 of the Constitution. The position of Governor is similar to that of the President at the Union.
- He is at the head of the state’s executive power, and barring some matters, acts on the advice of the council of ministers, which is responsible, in accordance with the parliamentary system, to the state legislature.
- The Governor is appointed by the President (on the advice of the central government) and, therefore, acts as the vital link between the Union and the state governments.
- The post was envisaged as being apolitical; however, the role of Governors has been a contentious issue in Centre-state relations for decades.
- The Governor enjoys certain powers such as giving or withholding assent to a Bill passed by the state legislature or determining the time needed for a party to prove its majority — or which party must be called first to do so, generally after in a hung Assembly — which have been weaponised by successive central governments against the political opposition.
Article 164(1) says state “Ministers shall hold office during the pleasure of the Governor”. Does this mean the Governor can sack a minister?
- This is the provision that the Kerala Governor was seemingly alluding to. Former secretary general of Lok Sabha PDT Achary said: “Article 164(1) deals with the appointment of the Chief Minister and other ministers. While the Governor does not have to seek anyone’s advice while appointing the Chief Minister, he can appoint a minister only on the recommendation of the Chief Minister. The Governor has no power to pick anyone he chooses to make a minister. He can appoint a minister only on the advice of the Chief Minister.”
- In Shamsher Singh & Anr vs State Of Punjab (1974), a seven-judge Constitution Bench of the Supreme Court said: “We declare the law of this branch of our Constitution to be that the President and Governor, custodians of all executive and other powers under various Articles, shall, by virtue of these provisions, exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well known exceptional situations.”
- These situations could arise if the Prime Minister or Chief Minister cease to command majority in the House, the government loses majority but refuses to quit office, and for “the dissolution of the House where an appeal to the country is necessitous”.
- But even in the third scenario, the Head of State (President or Governor) “should avoid getting involved in politics and must be advised by his Prime Minister (Chief Minister) who will eventually take the responsibility for the step,” the court ruled.
- In Nabam Rebia And Etc. vs Deputy Speaker And Ors (2016) the Supreme Court cited the observations of B R Ambedkar: “The Governor under the Constitution has no function which he can discharge by himself; no functions at all. While he has no functions, he has certain duties to perform, and I think the House will do well to bear in mind this distinction.”
- Achary said that if indeed a minister lowers the dignity of the Governor or his office, as Khan’s office has alleged, Raj Bhavan can ask the Chief Minister to inquire. “If it is found that the minister has defamed or disrespected the Governor, he/ she can ask the Chief Minister to drop the minister,” Achary said.
So what does the “pleasure” of the Governor mean?
- Achary said this does not mean the Governor has the right to dismiss the Chief Minister or ministers at will. “The Governor can have his pleasure as long as the government enjoys majority in the House. The Governor can withdraw his pleasure only when the government loses majority but refuses to quit. Then he withdraws the pleasure and dismisses it,” Achary said.
- Also, he said, “Without the advice of the Chief Minister, a Governor can neither appoint nor dismiss a minister. That’s the constitutional position.”
What attempts have been made to address concerns over the alleged partisan role played by Governors?
- The National Commission To Review the Working of the Constitution appointed by the Atal Bihari Vajpayee government in 2000 recommended significant changes in the selection of Governors.
- The Commission suggested that the “Governor of a State should be appointed by the President, after consultation with the Chief Minister of that State.
- “Normally the five year term should be adhered to and removal or transfer of the Governor should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.”
- The Sarkaria Commission, set up in 1983 to look into Centre-state relations, proposed that the Vice President of India and Speaker of Lok Sabha should be consulted by the Prime Minister in the selection of Governors.
- The Justice Madan Mohan Punchhi Committee, constituted in 2007 on Centre-state relations, proposed in its report submitted in March 2010 that a committee comprising the Prime Minister, Home Minister, Vice President, Speaker, and the concerned Chief Minister should choose the Governor.
- The Punchhi Committee recommended deleting the “Doctrine of Pleasure” from the Constitution, but backed the right of the Governor to sanction the prosecution of ministers against the advice of the state government. It also argued for a provision for impeachment of the Governor by the state legislature.
Other important news
Booker Prize:
- Sri Lankan author Shehan Karunatilaka has been named the winner of the 2022 Booker Prize for his second novel The Seven Moons of Maali Almeida, described by the judges as a whodunnit and a race against time, full of ghosts, gags and deep humanity.
Counterfeit notes in circulation:

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.