News Snippet
News 1: Doctrine of Pleasure
News 2: Is the world’s climate action plan on track?
News 3: Google and anti-competitive practices
News 4: United Nations Security Council Counter-Terrorism Committee
News 5: Kalanamak rice is now small, strong
News 6: Dolphins return to the Ganga in U.P.
News 7: Anti-superstition laws in India
News 8: Demand grows, but DNA tests fall under a grey area
News 9: Russia halts Ukraine Black Sea grain exports
News 10: India and GCC to start free trade pact negotiations
Other important news:
- Hardy bacteria can survive on Mars for 280 million years
- Benefits of banana
- India’s role in green investments
News 1: Doctrine of Pleasure
Background
Kerala Governor Arif Mohammed Khan and the State government have major differences over multiple issues. The latest controversy has arisen after he sought the resignation of several vice-chancellors following a Supreme Court judgment setting aside the appointment of the Vice-Chancellor of a technology university.
As a fallout of comments made by the State’s Finance Minister, K. N. Balagopal, the Governor has also sought his dismissal from his Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers.
What is the concept?
The pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time.
In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the States holds office during the pleasure of the Governor.
However, Article 311 imposes restrictions on the removal of a civil servant.
It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them. There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security.
In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government.
Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure of the Governor.
In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister, and not that of the Governor.
What did the Supreme Court say on Vice-Chancellor’s appointment?
In a case challenging the appointment of Dr. M.S. Rajasree as V-C of the APJ Abdul Kalam Technological University, Thiruvananthapuram, the Supreme Court held that her appointment was contrary to the regulations of the University Grants Commission (UGC).
The particular infirmity was that the Search Committee had identified only one candidate and recommended the name to the Chancellor for appointment. Under UGC regulations, a panel of three to five names should be recommended so that the Chancellor has a number of options to choose from.
How did the Governor react?
The Governor, in his capacity as Chancellor of universities, responded by directing the V-Cs of nine universities to resign the very next day, contending that the infirmities pointed out by the Supreme Court in one case also vitiated their appointments.
Mr. Khan noted that the apex court had declared that an appointment not in line with the UGC regulations would be ab initio void that is invalid from the very beginning.
He highlighted the fact that each of those appointments were either made on the basis of a single recommendation or were recommended by a panel in which the Chief Secretary was a member (contrary to the Regulations that say its members should be persons of eminence in the field of higher education).
However, when the communication was challenged in the Kerala High Court, the Governor converted his directive into show-cause notices to the V-Cs to explain how their appointments were not illegal. Later, such notices were sent to two more V-Cs.
Why did he want a Minister removed?
Responding to remarks by Kerala Ministers, Mr. Khan warned that he could withdraw his pleasure in respect of individual Ministers if they made statements that lowered the dignity of his office.
Later, taking note of a comment by Mr. Balagopal, he conveyed to Chief Minister Pinarayi Vijayan that the Minister ceased to enjoy his pleasure and wanted him to take “constitutionally appropriate action”.
Mr. Vijayan rejected the suggestion: “viewed from a constitutional perspective, factoring in the democratic conventions and traditions of our country, the statement cannot warrant a ground for cessation of the enjoyment of the Governor’s pleasure.”
News 2: COP27 – Is the world’s climate action plan on track?
Background
Leaders from around 200 countries will gather in the Egyptian city of Sharm El-Sheikh from November 6-18 for the 27th round of the Conference of Parties, or COP27, to deliberate on a global response to the increasing threat of climate change.
The annual summit comes at a crucial juncture against the backdrop of global inflation, energy, food and supply chain crises, fuelled by an ongoing war in Ukraine and exacerbated by extreme weather events, with data showing that the world is not doing enough.
At COP27, negotiations are likely to focus on efforts to decarbonise, finance climate action measures and other issues related to food security, energy and biodiversity.
What have been the key takeaways from past COPs?
The participants at COPs are signatories to the United Nations Framework Convention on Climate Change, or UNFCCC, adopted 30 years ago. At present, the UNFCCC has 198 members. The first COP was held in 1995 in Berlin.
For instance, the Kyoto Protocol, adopted at COP3 in 1997, committed industrialised economies to limit and reduce greenhouse gas emissions.
COP21, another significant conference, ended with the 2015 Paris Agreement in which member countries agreed to keep global warming below 2°C , ideally no more than 1.5°C , compared to pre-industrial levels.
The previous summit- COP26, hosted by Glasgow, ended with the Glasgow Climate Pact that called for the ‘phasing down’ of unabated coal power.
What’s on the agenda at the upcoming summit?
COP27 will seek to strengthen a global response and deliberate if wealthy nations emitting carbon dioxide should compensate for the loss to developing countries with a lower carbon footprint.
Broadly, the summit seeks to “accelerate global climate action through emissions reduction, scaled-up adaptation efforts and enhanced flows of appropriate finance” through its four priority areas of mitigation, adaptation, finance and collaboration.
How has the world been doing on climate change since the Glasgow meet?
The world has changed since the last COP in Glasgow. Extreme weather events and scientific reports are a stark reminder of the devastating impact of human pressure on the climate and the inefficiency of existing plans.
These reports, likely to leave an impact on political agenda and environmental diplomacy, have built momentum for the Egypt summit.
A recent UN report has warned that “efforts remain insufficient” to limit global temperature rise to 1.5°C, as per the Paris Agreement. The UN Climate Change report says the world is failing to act with urgency to curb greenhouse gas emissions despite the planet witnessing climate-enhanced heatwaves, storms and floods after just 1.2°C of warming.
Even if the countries meet their pledges, we are on track for around 2.5°C of warming, which will be disastrous.
The findings are based on an analysis of the latest Nationally Determined Contributions (NDCs), or country-specific action plans to cut emissions and adapt to climate impacts.
The report adds that emissions compared to 2010 levels need to fall 45% by 2030 to meet the Paris deal’s goal.
What did the IPCC report state?
This year’s Intergovernmental Panel on Climate Change (IPCC) assessment report stated that climate change has produced irreversible losses to natural ecosystems and has warned of severe consequences to food supply, human health and biodiversity loss if carbon emissions from human activity are not sharply reduced.
As per the report, 3-14% of all species on earth face a very high risk of extinction at even 1.5°C, with devastating losses at higher temperatures in the current situation.
It adds that limiting warming to around 1.5°C requires global greenhouse gas emissions to peak before 2025 and be reduced by 43% by 2030.
Coal-fired power plants operating without technology to capture and store carbon would need to be shuttered by 2050, a warning relevant to India which operates roughly 10% of global capacity.
The World Resources Institute also paints a grim picture in its report. It suggests that the world needs to curb emissions six times faster by 2030 than the current trajectory to meet the 1.5°C target. Of the 40 indicators examined, none is on track to reach the 2030 target.
“Unabated coal-based electricity generation, although declining worldwide, continues to expand across some regions, while unabated fossil gas-based electricity, is still rising globally,” it notes.
Mitigation measures to keep temperatures below 2°C and the need for climate change adaptation mentioned in these reports are likely to come up for discussion at the COP27.
Where does India stand?
India is one of the 197 countries that has promised to limit the increase to no more than 1.5°C by 2030. It is also working on a long-term roadmap to achieve its target of net zero emissions by 2070.
Prime Minister Narendra Modi had committed at the Glasgow summit that the country would get its non-fossil energy capacity to 500 GW by 2030, meet half of its energy requirement from renewable sources and reduce carbon emissions.
India is the third-largest greenhouse gas emitter in the world. Though India updated its climate pledges in line with commitments made at the previous summit, experts have slammed New Delhi for not setting ambitious targets.
The Climate Action Tracker, an independent analysis that tracks government climate action classifies India’s action as “highly insufficient”. It says India’s continued support to the coal industry undermines a green recovery.
India had previously come under intense criticism over its stand to “phase down” coal power, instead of phasing it out, at COP26.
“While stronger on paper, India will already achieve these targets with its current level of climate action and the new targets will not drive further emissions reductions,” the tracker notes.
The country is, however, expected to play a key role at COP27. A key issue for India at the summit will be financing both — adapting to climate change and limiting fossil fuel emissions. The country wants the $100 billion-a-year pledge of climate funds for developing countries, a promise that remains unfulfilled.
News 3: Google and anti-competitive practices
Background
In the second blow to Google’s coffers in a week, the Competition Commission of India (CCI) on October 25 imposed a fine of ₹936.44 crore on the tech major for anti-competitive practices in its Play Store policies.
On October 20, the CCI had imposed a provisional fine of ₹1,337.76 crore on the company for abusing its dominant position in multiple markets in the Android mobile device ecosystem.
Why has Google been fined for a second time?
The new fine by the CCI pertains to one of the three antitrust lawsuits Google is facing in India. The investigation into Google’s payment system used in the Play Store began in 2020 after an individual complainant, whose identity has been kept confidential, filed an antitrust case against Google.
Indian startups and small digital companies have complained about Google’s policy of imposing the use of its own payment system on app developers. Similar probes are also on against Google in South Korea and Indonesia.
A European court recently upheld a 2018 ruling against Google saying that the company imposed “unlawful restrictions on manufacturers of Android mobile devices.” Google faces a $4.1 billion fine and plans to appeal.
The Google Play Store is a marketplace for apps and services and has a collection of more than three million applications. In the current matter involving Google, the CCI examined if the company violated the Competition Act through its policy of requiring app developers to mandatorily use Google Play’s billing system (GPBS) not only for receiving payments for paid app downloads but also for in-app purchases.
The probe also noted that if the app developers did not comply with Google’s policy of using GPBS, they would not be permitted to list their apps on the Play Store.
The CCI thus concluded that making access to the Play Store contingent on mandatory usage of GPBS was “one-sided and arbitrary” and it also denied app developers “the inherent choice to use payment processor[s] of their liking from the open market.”
It also examined the service fee that Google charges developers of paid apps and for in-app purchases. Compared to the 0-3% fee by other payment aggregators in India, the Commission found Google’s service fee (between 15-30%) to be excessive, unfair, and discriminatory.
Google submitted that only 3% of developers on Google Play are subjected to a service fee. However, the commission found that the services provided by Google to these developers are in no way different or additional compared to services provided to developers of free apps.
Further, it found that Google does not make it mandatory for some of its own apps like YouTube to use the GPBS, exempting them from paying the service fee. Besides, the Commission said that Google excluded rival UPI apps as effective payment options on the Play Store.
It noted that it was discriminatory of Google to use an easy and efficient payment flow for its own UPI application GPay, while using a more cumbersome system with a lower success rate for other UPI apps like Paytm, PhonePe etc. The watchdog recorded that while GPay did not lead the overall UPI market in India, it was the dominant player in the UPI payments made on the Google Play Store.
The watchdog has directed Google to allow app developers to use any third-party billing service and given it three months to implement necessary changes in its practices.
How has Google reacted?
While Google had called last week’s ₹1,300 crore fine a “major setback” for its Indian operations, it defended itself after the second penalty by saying that “Indian developers have benefited from tech, security, consumer protections & unrivalled choice & flexibility that Android & Google Play provide”.
It added that its low-cost model had powered India’s “digital transformation” and expanded “access for hundreds of millions of Indians”.
It was reported that Google is also planning a legal challenge in response to the first antitrust ruling by the CCI.
News 4: United Nations Security Council Counter-Terrorism Committee
Background
Terrorism is still one of the “gravest threats” to humanity, External Affairs Minister S. Jaishankar remarked in the concluding day of the United Nations Security Council Counter-Terrorism Committee’s special meeting in India that sought to focus on the misuse of emerging technologies by terrorist groups. He called for “zero tolerance towards terrorism”.
New and emerging technologies and its role in terrorism
Mr. Jaishankar said that new and emerging technologies had enhanced capabilities of terror groups, “particularly in open and liberal societies”.
“Internet and social media platforms have turned into potent instruments in the toolkit of terrorist and militant groups for spreading propaganda, radicalisation and conspiracy theories aimed at destabilising societies,” he said.
The meeting, which was addressed by all members of the Security Council, and included ministerial-level participation from Albania, Gabon, Ghana, the United Arab Emirates and the United Kingdom, committed to ending safe havens for terrorists and countering new technologies being used for terrorism.
Sanctions regime
“The UN Security Council, in the past two decades, has evolved an important architecture, built primarily around the counter-terrorism sanctions regime… This has been very effective in putting those countries on notice that had turned terrorism into a State-funded enterprise,” Mr. Jaishankar said in a veiled reference to Pakistan, adding that the threat of terrorism is “growing and expanding” nonetheless.
Mr. Jaishankar’s statement came a day after U.S. Secretary of State Antony Blinken had referred to India-U.S. joint efforts to designate several Lashkar-e-Taiba (LeT) and Jaish-e-Mohammad (JeM) terrorists through the UN’s 1267 sanctions committee.
The 35-paragraph “Delhi Declaration” focused on the threat from Unmanned Aerial Systems (UAS) including drones, online radicalisation and recruitment as well as terrorist financing through cryptocurrencies and other virtual means, with members noting “with additional concern the increasing global misuse of unmanned aerial systems (UAS) by terrorists to conduct attacks against, and incursions into critical infrastructure and soft targets or public places, and to traffic drugs and arms.”
In particular, the CTC members referred to attacks in the UAE and Saudi Arabia, as well as cross-border drone activity into India.
Safi Rizvi, Additional Secretary, Ministry of Home Affairs (MHA), informed that in mid-2018, there had been close to 600 terror camps across the J&K border. This was the time when Pakistan was first placed on the grey list.
“The cross-border terror bases went down by 75% during the FATF listing. The Counter Terrorism Committee should notice how effective the UN designations and listings by the FATF are.
The moment the talk started that the grey listing is about to end, the bases have gone up by 50% and we are expecting more scalable and more attacks on hard targets [security installations] and much more trouble,” he said.
He added that since end-2021, “the return of cross border terrorist infrastructure and the return of attacks on Indian targets” is noticeable. Mr. Rizvi said that the FATF listing of Pakistan from 2018-2022 saw relative peace.
To substantiate, he shared a photograph of Lashkar-e-Taiba (LeT) chief Hafiz Saeed, a UN-designated terrorist, holding a public rally in Pakistan in December 2017. The officer said after the designations were enforced in 2018, the rallies were stopped.
News 5: Kalanamak rice is now small, strong
Background
Kalanamak, a traditional variety of paddy with black husk and strong fragrance, which is considered a gift from Lord Buddha to the people of Sravasti when he visited the region after enlightenment, is all set to get a new look and name.
Grown in 11 districts of the Terai region of northeastern Uttar Pradesh and in Nepal, the traditional variety has been prone to ‘lodging’, a reason for its low yield.
The yield, as a result, fell drastically, and the market for the rice dwindled, too. The traditional Kalanamak paddy’s yield is barely two to 2.5 tonnes per hectare.
Lodging is a condition in which the top of the plant becomes heavy because of grain formation, the stem becomes weak, and the plant falls on the ground.
Addressing the problem, the Indian Agriculture Research Institute (IARI) has successfully developed two dwarf varieties of Kalanamak rice. They have been named Pusa Narendra Kalanamak 1638 and Pusa Narendra Kalanamak 1652.
The yield of the new varieties is double that of the traditional variety. The IARI and the Uttar Pradesh Council of Agriculture are working together to make the seeds available to farmers at the earliest.
The traditional Kalanamak rice is protected under the Geographical Indication (GI) tag system.
It’s recorded in the GI application that Lord Budhha gifted Kalanamak paddy to the people of Sravasti so that they remembered him by its fragrance.
‘Making it sturdy’
IARI’s objective was to bring dwarfness into the variety and make the plant sturdy to prevent lodging.
Extensive evaluation
The process started in 2007, when the first cross with dwarf varieties was carried out. For the last three years, the IARI conducted extensive evaluation at 10 Krishi Vigyan Kendras (KVK) located in the GI districts.
In this kharif season, it was given to farmers. The aroma of the new breed is higher and nutritional qualities are also excellent. Productivity has gone up to 4.5 to five tonnes per hectare as against 2.5 tonnes in the case of traditional Kalanamak.
Encouraging results
In all, Kalanamak is cultivated on about one lakh hectares in Uttar Pradesh.
Prof. Singh said the KVKs would provide seeds for large-scale cultivation for the next crop season.
High iron and zinc content
It has high iron and zinc content.
News 6: Dolphins return to the Ganga in U.P.
Background
Dolphins have started coming back to the Ganga with improvement in the quality of the river water made possible by the Namami Gange programme, the Uttar Pradesh government said on Sunday.
The government said that with the completion of 23 projects under the programme started in 2014, the State had stopped the flow of more than 460 MLD (million litres a day) of sewage into the Ganga.
Positive impact of Namami Ganga Programme
Dolphins have been breeding in Brijghat, Narora, Kanpur, Mirzapur and Varanasi, which is likely to increase their number. The present dolphin population in the Ganga in the State is estimated at 600.
Namami Ganga Programme
Launched: 2014
Ministry: Ministry of Jal Shakti
Objective: Effective abatement of pollution and conservation and rejuvenation of National River Ganga
The program would be implemented by the National Mission for Clean Ganga (NMCG), and its state counterpart organizations i.e., State Program Management Groups (SPMGs). NMCG will also establish field offices wherever necessary.
NMCG is the implementation wing of National Ganga Council
What are the pollution threats to Ganga?
- Rapidly increasing population, rising standards of living and exponential growth of industrialization and urbanization have exposed water resources to various forms of degradation.
- The deterioration in the water quality of Ganga impacts the people immediately.
- Ganga has become unfit even for bathing during lean seasons.
- The impacts of infrastructural projects in the upper reaches of the river Ganga raise issues.
How “Namami Gange” programme works?
In order to implement “Namami Gange” Programme, a three-tier mechanism has been proposed for project monitoring comprising of:
- A high-level task force chaired by Cabinet Secretary assisted by NMCG at the national level,
- State level committee chaired by Chief Secretary assisted by SPMG at the state level and
- District level committee chaired by the District Magistrate.
“Namami Gange” will focus on pollution abatement interventions namely Interception, diversion & treatment of wastewater flowing through the open drains through bio-remediation/appropriate in-situ treatment/use of innovative technologies/sewage treatment plants (STPs)/effluent treatment plant (ETPs) rehabilitation and augmentation of existing STPs and immediate short-term measures for arresting pollution at exit points on river front to prevent inflow of sewage etc.
Ganges River Dolphin
IUCN status: Endangered
Distribution
Ganges river dolphins once lived in the Ganges-Brahmaputra-Meghna and Karnaphuli-Sangu river systems of Nepal, India, and Bangladesh. But the species is extinct from most of its early distribution ranges.
The Ganges river dolphin can only live in freshwater and is essentially blind. They hunt by emitting ultrasonic sounds, which bounces off of fish and other prey, enabling them to “see” an image in their mind.
They are frequently found alone or in small groups, and generally a mother and calf travel together.
Importance of the Gangetic River Dolphin
- The Ganges river dolphin is important because it is a reliable indicator of the health of the entire river ecosystem.
- The government of India declared it the National Aquatic Animal in 2009.
Threats
The Ganges river dolphin is still hunted for meat and oil, which are both used medicinally. The oil is also used to attract catfish in net fishery.
Ganges river dolphins and people both favor areas of the river where fish are plentiful and the water current is slower. This has led to fewer fish for people and more dolphins dying as a result of accidentally being caught in fishing nets, also known as bycatch.
High levels of pollution can directly kill prey species and dolphins, and completely destroy their habitat. As the top predator, river dolphins have been known to have high levels of persistent toxic chemicals in their bodies, which is likely to adversely affect their health.
Ganges river dolphins are divided into isolated groups because of the construction of more than 50 dams and other irrigation-related projects. This makes them susceptible to inbreeding and more vulnerable to other threats because they cannot move to new areas.
News 7: Anti-superstition laws in India
Background
The brutal murders of two women as part of “ritualistic human sacrifices” in the Pathanamthitta district of Kerala have left the country in shock.
Chilling details of the killings have sparked a debate about the prevalence of superstitious beliefs, black magic and sorcery in Kerala.
In the absence of a comprehensive law to counter such acts, the call for a strict anti-superstition law has grown louder.
Are such killings common?
As per the 2021 report of the National Crime Records Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings. The maximum number of witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh (18) and Telangana (11).
In 2020, India saw 88 deaths due to witchcraft and 11 died as part of ‘human sacrifices’, the NCRB report states.
What are the laws in India?
In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities. In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’.
Bihar was the first State to enact a law to prevent witchcraft, identification of a woman as a witch and“eliminate torture, humiliation and killing of women.”
Even though Chhattisgarh is one of the worst-affected States in terms of witchcraft-related crimes, the State enacted the Chhattisgarh Tonahi (witch) Pratadna Nivaran Act only in 2005. As per the law, a person convicted for identifying someone as a witch can be sentenced to up to three years of rigorous imprisonment with a fine.
Following the directions of the Odisha High Court to frame a law to deal with rising cases of witch-hunting in the State, the Odisha Prevention of Witch-Hunting Bill was passed by the Assembly in 2013. The bill provides penalties for a witch doctor, or a person claiming to be a black magician.
The latest law was passed in Karnataka where the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 came into effect in January 2020 after it was notified by the BJP government— which initially opposed it when it was the Opposition party.
The law bans several practices related to black magic and superstition, like forcing a person to walk on fire at religious festivals and the practice of piercing rods from one side of the jaw to the other.
News 8: Demand grows, but DNA tests fall under a grey area
Background
DNA tests occupy a grey area in the quest for justice, vacillating between the dangers of slipping into self-incrimination and encroachment on individual privacy and the “eminent need” to unearth the truth.
They can be of help as evidence in a criminal case or in proving a claim of marital infidelity or paternity.
More and more complainants are seeking DNA tests — a senior official associated with a government laboratory estimates such requests increasing by around 20% each year.
Privacy and DNA test
- The Supreme Court recently held — in a case concerning a woman known only as ‘XX’ to protect her identity — that compelling an unwilling person to undergo a DNA test would be a violation of personal liberty and right to privacy, turning the spotlight on a technology that aids the cause of justice but violates privacy.
- But the issue is problematised by the varying stances of both the apex court and High Courts that tend to focus on the particularities of each case.
- Women’s rights activists, however, hold that a DNA test is the only tool which can deliver justice in cases of abandonment of mothers and children.
- DNA may not be conclusive proof in cases of heinous crimes like rape but for paternity, protection has always been towards the children.
- Precedents set by the Supreme Court through the years show that judges cannot order genetic tests as a “roving enquiry” (Bhabani Prasad Jena, 2010) and they must balance “the interests of the parties” (Banarsi Dass, 2005).
- DNA tests should also not be ordered if there was other material evidence at hand to prove the case.
- In its Ashok Kumar judgment, the court said judges, before ordering a genetic test, should examine “proportionality of the legitimate aims” being pursued. But seven years ago, the court heard a man’s plea for a DNA test to prove his wife’s infidelity and the parentage of their child and sought a test to be done on himself and the child.
- The court agreed reasoning there was no other way for him to know. It said the wife could refuse but would risk presumptions being drawn against her. Then again, as the ‘XX’ case demonstrates, there are no easy answers or legal certitudes.
- While dealing with claims of infidelity, a request for DNA test also competes with the conclusiveness of Section 112 of the Indian Evidence Act, which presumes that a child born to a married woman is legitimate — the burden of proof is on the person claiming illegitimacy of the child.
- While the imperative of justice jostles with that of bodily autonomy, the Constitution Bench judgment in the K.S. Puttaswamy case recognising privacy as part of the fundamental right to life has only buttressed the privacy argument as the government’s bid to pilot the DNA Technology Regulation Bill, 2019 through Parliament hangs fire.
News 9: Russia halts Ukraine Black Sea grain exports
Background
Russia suspended participation in a UN-brokered Black Sea grain deal after what it said was a major Ukrainian drone attack on its fleet in Crimea, dealing a blow to attempts to ease the global food crisis.
The Black Sea Grain initiative
The agreement, known as, the Black Sea Grain initiative, was signed in July and ended a five-month Russian blockade of Ukriane’s ports. Brokered with Russia and Ukraine by the United Nations and Turkey, the deal was set to expire on November 19 and in recent weeks, its future had appeared uncertain.
News 10: India and GCC to start free trade pact negotiations
Background
India and the Gulf Cooperation Council (GCC) member countries are expected to start negotiations for a free trade agreement next month with an aim to boost economic ties between the two regions, an official said.
GCC is a union of six countries in the Gulf region — Saudi Arabia, UAE, Qatar, Kuwait, Oman and Bahrain.
Trading scenario
According to experts, the GCC region holds huge trade potential and a trade agreement would help in further boosting India’s exports to that market.
GCC is a major import dependent region. We can increase our exports of food items, clothing and several other goods. Duty concessions under a trade agreement will help in tapping that market. It will be a win-win situation for both sides.
Mumbai-based exporter and founder chairman of Techno-craft Industries India, Sharad Kumar Saraf said the GCC has emerged as a major trading partner for India and there is huge potential for increasing investments between the two regions.
India imports predominately crude oil and natural gas from the Gulf nations like Saudi Arabia and Qatar, and exports pearls, precious and semi-precious stones; metals; imitation jewellery; electrical machinery; iron and steel; and chemicals to these countries.
Indian diaspora and remittances
Besides trade, Gulf nations are host to a sizeable Indian population. Out of about 32 million non-resident Indians (NRIs), nearly half are estimated to be working in Gulf countries.
These NRIs send a significant amount of money back home.
According to a November 2021 report of the World Bank, India got USD 87 billion in foreign remittances in 2021. Of this, a sizeable portion came from the GCC nations. Saudi Arabia was India’s fourth-largest trading partner last fiscal.
Bilateral trade
- India’s exports to the GCC increased by 58.26 per cent to about USD 44 billion in 2021-22 against USD 27.8 billion in 2020-21, according to data of the commerce ministry.
- The share of these six countries in India’s total exports has risen to 10.4 per cent in 2021-22 from 9.51 per cent in 2020-21.
- Similarly, imports rose by 85.8 per cent to USD 110.73 billion compared to USD 59.6 billion in 2020-21, the data showed.
- Bilateral trade has increased to USD 154.73 billion in 2021-22 from USD 87.4 billion in 2020-21.
- From Qatar, India imports 8.5 million tonnes a year of LNG and exports products ranging from cereals to meat, fish, chemicals, and plastics.
- Kuwait was the 27th largest trading partner of India in the last fiscal, while the UAE was the third-largest trading partner in 2021-22.
Other important news
Hardy bacteria can survive on Mars for 280 million years
Researchers have discovered that certain hardy bacteria could survive in the hostile Martian conditions for millions of years, by testing the ability of a selection of ‘extremophile’ microbes — which can live in harsh environments — to survive in cold, radioactive conditions similar to those on Mars.
The team found that, when dried and frozen, the Deinococcus radiodurans microbe could survive under the surface of Mars for 280 million years.
Benefits of banana
Origin of banana
Dr. K.T. Achaya, in his book, Indian Food: a Historical Companion mentions banana in Buddhist literature in around 400 BC. He mentions that bananas came to South India from New Guinea Island through the sea route. Some have claimed that it was in New Guinea that bananas have been first domesticated.
Distribution
These plants grow in regions that are warm and humid, abutting the Western Ghats.
They are largely found in the peninsular southern coastal region, namely in parts of Gujarat, Maharashtra, Karnataka, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Odisha, and Bengal, and in the Northeastern areas of the country such as Assam and Arunachal Pradesh.
However, the central and northern regions (Madhya Pradesh, Uttar Pradesh, Haryana, and Punjab) also grow the plant but neither in such variety nor in numbers.
Production and variety
India produces about 29 million tonne of banana every year, and next is China with 11 million. The Food and Agricultural Organization (FAO) says that about 135 countries produce bananas, and banana plants like warm and wet conditions.
Of particular note are the Southeastern Asian countries, which have as many as 300 varieties of banana, many of which have visually beautiful plants.
Nutrition facts
The book Nutritive value of Indian Foods from the Indian Council of Medical Research (ICMR) points out that bananas have 10-20 mg of calcium, 36 mg of sodium, 34 mg of magnesium and 30-50 mg of phosphorous per 100 g of edible material. All these make bananas highly nutritious.
Benefits
Cheap and avaialable in most of the rural areas and in most parts of India.
Even its peel is of use as a ‘biochar,’ which is used both as a fertilizer and to generate electricity.
Efforts are on to use it to drive electric automobiles.
India’s role in green investments
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- 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.