News 1: Issues with the FinTech Industry
- Reserve Bank of India (RBI) Governor Shaktikanta Das on Tuesday flagged concerns related to digital lending including a spate of complaints regarding usurious interest rates, unethical recovery practices and data privacy issues and emphasized the need for the fintech industry to focus on governance, business conduct, regulatory compliance and risk mitigation to ensure that customers were protected even as their needs were served.
Digital lending and privacy:
- RBI mandated digital lending platforms to disclose the names of the banks/ NBFCs upfront on whose behalf they were providing credit.
- The regulatory norms aim to balance customer protection and business conduct on the one hand and support innovation on the other
- Innovations must be responsible, enhances the efficiency and resiliency of the financial system while benefitting the consumers.
- Robust internal product and service assurance frameworks, together with fair and transparent governance, would go a long way to safeguard the interests of customers and ensure long-term sustainability of the fintech entities themselves.
Fintech:
- The term Fintech (Financial Technology) refers to technology-enabled innovation in financial services that could result in new business models, applications, processes or products with an associated material effect on the provision of financial services.
- As per EY Fintech Adoption Index, 2017, India ranks 2nd in terms of fintech adoption.
Benefits of Fintech:
- Designing suitable financial products that cater to specific needs of the financially excluded population
- Digital onboarding and boosting the quantum of investments
- Improves the quality of traditional financial institutions by increasing efficiency and productivity
- Ease of convenience and reduced costs is the power of fintech
Risks related to fintech:
- Systemic risks may arise due to unsustainable credit growth, increased interconnectedness, Development of new activities beyond the supervisory framework
- Data confidentiality and customer protection
- Financial risks manifested by lower profitability
- Cross border legal and regulatory issues might affect the performance
News 2: RBI lifts PCA restriction on Central Bank of India
Background:
- The Reserve Bank of India (RBI) has decided to take Central Bank of India out of the Prompt Corrective Action (PCA) restrictions subject to certain conditions and continuous monitoring.
Prompt Corrective Action:
- Prompt Corrective Action or PCA is a framework under which financial institutions with weak financial metrics are put under watch by the RBI.
- It can be applied to both RBI and NBFCs
- The central bank will track three indicators
- Capital To Risk-Weighted Assets Ratio (CRAR) – It is bank’s available capital expressed as a percentage of a bank’s risk-weighted credit exposures.
- Tier I leverage ratio – It is the relationship between a banking organization’s core capital and its total assets.
- Net Non-Performing Assets (NNPAS) Including Non-Performing Investments (NPIS). NPA are loans for which the principal or interest payment remained overdue for a period of over 90 days
News 3: Southwest monsoon begins early withdrawal in Rajasthan
Background:
- September 30 is considered the final day of the season for the entire country; while India has recorded 7% more rainfall than normal, the southern peninsula and central parts have had the bulk of the excess at 29% and 33%, respectively.
- The withdrawal of the monsoon was based on meteorological conditions such as an anti-cyclonic circulation (dry air that is the opposite of a cyclone), the absence of rain in the past five days and the water vapour imagery indicating dry weather conditions over the region.
Retreating monsoon and October Heat:
- During October-November, with the apparent movement of the sun towards the south, the monsoon trough or the low-pressure trough over the northern plains becomes weaker. This is gradually replaced by a high-pressure system.
- The southwest monsoon winds weaken and start withdrawing gradually. By the beginning of October, the monsoon withdraws from the Northern Plains.
- The months of October-November form a period of transition from hot rainy season to dry winter conditions.
- The retreat of the monsoon is marked by clear skies and a rise in temperature.
- While day temperatures are high, nights are cool and pleasant. The land is still moist. Owing to the conditions of high temperature and humidity, the weather becomes rather oppressive during the day. This is commonly known as ‘October heat’.
- In the second half of October, the mercury begins to fall rapidly in northern India.
- The low-pressure conditions, over northwestern India, get transferred to the Bay of Bengal by early November. This shift is associated with the occurrence of cyclonic depressions, which originate over the Andaman Sea.
- These cyclones generally cross the eastern coasts of India cause heavy and widespread rain. These tropical cyclones are often very destructive. The thickly populated deltas of the Godavari, the Krishna, and the Kaveri are frequently struck by cyclones, which cause great damage to life and property. Sometimes, these cyclones arrive at the coasts of Orissa, West Bengal, and Bangladesh. The bulk of the rainfall of the Coromandel Coast is derived from depressions and cyclones.
News 4: China remains formidable challenge, says Navy chief
Background:
- China remains a formidable challenge and has increased its presence not only along India’s land borders, but also in the maritime domain by leveraging anti-piracy operations to normalise its naval presence in the Indian Ocean Region (IOR)
Presence of Chinese Navy:
- The Navy chief noted that China had maintained continuous presence in the IOR since 2008 using anti-piracy operations “as the reason”.
- China now had a base in Djibouti and was also involved in the development of various ports in the IOR, Sri Lanka, Myanmar, Pakistan and many other countries.
News 5: The ‘triple dip’ La Niña, and its likely impact in India
Background:
- La Niña refers to the ENSO phase in which sea-surface temperatures are cooler than normal. Continuance of La Niña into 2023 is not bad news from the Indian standpoint, but it is not the same for other regions.
- The ongoing La Niña phase of the equatorial Pacific Ocean has just been predicted to persist for at least another six months, making it one of the longest ever La Niña episodes in recorded history. It is also only the third episode since 1950 to stretch into a third year.
La Nina and El Nino:
- The periodic warming and cooling of surface waters in the equatorial Pacific Ocean — a phenomenon described as El Niño Southern Oscillations, or ENSO — is known to trigger widespread changes in atmospheric conditions, and has a major influence on global weather patterns, including the Indian monsoon.
- La Niña refers to the ENSO phase in which sea-surface temperatures are cooler than normal. The warmer phase is known as El Niño.
- El Niño and La Niña episodes typically last for about nine months to a year.
- They usually develop in the March-June period and are the strongest during winter (November-January in the northern hemisphere), before weakening or dissipating by March or April of next year.
- The current La Niña episode has already surpassed that in length. Having started in September 2020, it has prevailed for the last 24 months, and looks set to continue for another six months, and has thus been classified as a ‘triple dip’ La Niña.
- El Niño episodes occur more frequently and are usually associated with more impactful weather events. La Niña, on the other hand, has a longer run.
- That is why multi-year La Niña events, those that continue for more than 12 months, are quite common. An El Niño is more likely to be a single-year event.
- Prolonged La Niña events in those instances could be explained by the fact that the amount of accumulated heat in the oceans was higher, and therefore took a longer time to dissipate.
Likely impact:
- In the Indian context, La Niña is associated with good rainfall during the monsoon season. This is the opposite of El Niño which is known to suppress monsoon rainfall. Thus, a continued spell of La Niña could lead to expectation of another year of good, or normal, rainfall during the monsoon.
- But, even though powerful, ENSO condition is only one of the several factors affecting monsoon rainfall in India. There is no one-on-one correlation between the ENSO condition and the amount of rainfall. Also, the influence of ENSO is at a macro level. There are wide variations in rainfall at the local level, which are getting exacerbated by climate change. The continuance of La Niña further into 2023 is not bad news from the Indian standpoint.
- In most parts of the United States, for example, La Niña is associated with very dry winters. In Australia and Indonesia, and generally in the tropical region, La Niña is expected to bring more rainfall.
- The widespread drought in the United States and flooding in eastern Australia this year could have been a result of the prolonged La Niña. The excessive rainfall in Pakistan, which is experiencing its worst flooding disaster, can also be blamed in part on La Niña.
- In its latest bulletin, the World Meteorological Organization (WMO) said the worsening drought in the Horn of Africa and southern United States carried the “hallmarks of La Niña”, as did the “above average rainfall in southeast Asia and Australasia”. It said that the persistence of La Niña was most likely to result in a worsening of the drought in Africa.
Climate change link:
- The occurrences of El Niño or La Niña are not very regular. Sometimes they emerge every two years, at other times there has been a gap of even seven years. Historical records do not go very far in the past.
- As a result, the natural variability of ENSO is not understood very clearly. And when the natural variability itself is not clear, the influence of global warming is difficult to quantify.
- There have been suggestions that climate change is increasing the frequency and intensity of El Niño and La Niña episodes, but the question is not entirely settled.
- A part of the reason is the fact that trade winds play a very important role in triggering ENSO events. And the changes in the strength of trade winds are not easily explained by global warming.
- During La Niña years, the colder surfaces allow the oceans to absorb more heat from the atmosphere. Consequently, the air temperatures tend to go down, producing a cooling effect.
- However, as pointed out by the WMO, this is not enough to reverse or neutralize the impacts of global warming.
News 6: Nutrition rating stars set to appear soon on food pack labels
Background:
- The Food Safety and Standards Authority of India (FSSAI), the country’s apex food regulator, has released draft notification for front-of-pack labelling to discourage consumers from buying packaged food high in sugar, salt, and fat, which will require pre-packaged food to carry a star graphic — ranging for 0 to 5 — next to the brand name.
- Like the star-rating system for energy efficiency of electronic products, the ‘Indian Nutrition Rating (INR)’ will see the unhealthiest food items carry a 0-star rating and the healthiest carry a 5-star rating.
Draft notification:
- As per the draft notification, items will be given scores based on contribution of energy and content of saturated fat, sugar, sodium, fruit and vegetables (FV), nuts, legumes, and millets (NLM), dietary fibre, and protein per 100 gm of solid or 100 ml liquid foods. Solid food with a score of more than 25 will be given 0.5 stars, and those with a score less than – (minus)11 will get 5 stars.
- Although not mandatory, the notification stated that food businesses may add interpretive information next to the star-rating logo, giving details of energy, sugar, saturated fat, and salt content.
- To generate the star-rating logo for the product, food businesses have to submit nutritional profiles of the products concerned on FSSAI’s FoSCoS (Food Safety Compliance System) portal.
- Food such as milk and milk products, whey, butter oil, ghee, vegetable oil and fat, fresh and frozen fruit and vegetables, fresh and frozen meat, egg, fish, flour, and sweeteners will not have to display the star rating.
- Carbonated beverages without any energy or sugar will also not be eligible for declaring the rating, according to the notification.
FSSAI:
- Ministry: Ministry of Health and Family Welfare
- Type: Statutory body established under the Food Safety and Standards Act, 2006
- FSSAI is responsible for protecting and promoting public health through the regulation and supervision of food safety.
Objective:
- Lay down science-based standards for articles on food
- To regulate the manufacture, storage, distribution, import, and sale of food
- To facilitate the safety of food
Powers of FSSAI:
- Framing of regulations to lay down food safety standards
- Laying down guidelines for accreditation of laboratories for food testing
- Providing scientific advice and technical support to the Central Government
- Contributing to the development of international technical standards in food
- Collecting and collating data regarding food consumption, contamination, emerging risks, etc.
- Disseminating information and promoting awareness about food safety and nutrition in India.
The FSS Act took 7 older acts into one umbrella.
- Prevention of Food Adulteration Act, 1954
- Fruit Products Order, 1955
- Meat Food Products Order, 1973
- Vegetable Oil Products (Control) Order, 1947
- Edible Oils Packaging (Regulation) Order 1988
- Solvent Extracted Oil, De- Oiled Meal and Edible Flour (Control) Order, 1967
- Milk and Milk Products Order, 1992
Eat Right India movement:
- FSSAI has embarked on a large-scale effort to transform the country’s food system in order to ensure safe, healthy and sustainable food for all Indians through the ‘Eat Right India’ movement.
- The tagline ‘Sahi Bhojan. Behtar Jeevan’, thus, forms the foundation of this movement.
- Eat Right India adopts a judicious mix of regulatory, capacity building, collaborative and empowerment approaches to ensure that our food is good both for the people and the planet. Further, it builds on the collective action of all stakeholders – the government, food businesses, civil society organizations, experts and professionals, development agencies and citizens at large.
- Eat Right India is aligned to the National Health Policy 2017 with its focus on preventive and promotive healthcare and flagship programmes like Ayushman Bharat, POSHAN Abhiyaan, Anemia Mukt Bharat and Swacch Bharat Mission.
Other important news
Sambar deer
- Conservation status: Vulnerable
- Distribution: Native to Indian subcontinent and southeast asia but has been introduced in Australia, New Zealand and United States
- Decline in population: Populations have declined substantially due to severe hunting, local insurgency, and industrial exploitation of habitat.
- State animal: Sambar is state animal of Odisha
Chital deer:
- Conservation status: Least concern
- Distribution: Native to Indian subcontinent
- Males are larger than females, and antlers are present only on males
Receive Daily Updates
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.