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DAILY CURRENT AFFAIRS, 26 APRIl 2024

MODEL CODE OF CONDUCT (MCC)

 
 
1. Context
 
In a first, the Election Commission (EC) has issued a notice for violation of the Model Code of Conduct based on complaints against Prime Minister Narendra Modi. However, taking a circuitous route, the notice was sent on Thursday to BJP president J.P. Nadda, not Mr. Modi
 
2.How Election Commission describe MCC?
 
  • The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for political parties and candidates during elections.
  • The MCC is designed to ensure free and fair elections by preventing the misuse of government machinery, maintaining a level playing field for all candidates, and avoiding any activities that could unduly influence voters.
  • The Election Commission describes the Model Code of Conduct as a set of norms and rules that political parties and candidates must adhere to during the election process.
  • The MCC comes into effect as soon as the election dates are announced and remains in force until the results are declared.
  • It includes guidelines on various aspects of electioneering, such as campaigning, speeches, processions, polling day activities, and the content of election manifestos.
  • The goal is to promote a fair and ethical electoral process, minimizing the chances of corrupt practices and ensuring that the democratic principles are upheld during elections

 

3.What is the Model Code of Conduct?

  • The Model Code of Conduct, issued by the Election Commission, serves as a set of guidelines to oversee the conduct of political parties and candidates before elections.
  • These guidelines encompass various aspects such as speeches, polling day procedures, polling booths, ministerial portfolios, election manifesto content, processions, and overall behavior. The aim is to ensure the integrity of elections.
  • According to information from the Press Information Bureau, a version of the MCC was initially introduced during the 1960 state assembly elections in Kerala.
  • It gained widespread adherence in the 1962 elections and has been consistently followed in subsequent general elections. In October 1979, the Election Commission expanded the MCC to include a section regulating the conduct of the 'party in power' to prevent any undue advantage during elections.
  • The MCC is activated from the announcement of the election schedule until the declaration of results. Consequently, it comes into effect from the present evening and remains applicable until the conclusion of the entire election process.
  • The MCC comprises eight provisions addressing general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos

4.When does the Model Code of Conduct come into effect?

  • Once the code comes into effect, the governing party, whether at the national or state level, must ensure that its official position is not exploited for campaign purposes.
  • Consequently, no policies, projects, or schemes should be announced that could sway voting behavior. The party is also prohibited from utilizing public funds for advertising or using official media platforms to publicize achievements with the intention of enhancing electoral prospects.
  • The guidelines further dictate that ministers should refrain from combining official visits with election-related activities or utilizing official resources for such purposes.
  • The ruling party is barred from employing government transportation or machinery for campaign activities. Additionally, it is mandated to provide opposition parties with equal access to public spaces like grounds for conducting election meetings, as well as amenities such as helipads, under the same terms and conditions applied to the ruling party.
  • Any advertisements at the expense of the public treasury in newspapers and other media outlets are considered an offense. The ruling government is also restricted from making ad-hoc appointments in governmental bodies and public enterprises that may unduly influence voters.
  • The Model Code of Conduct strictly prohibits the use of caste and communal sentiments to attract voters, allowing criticism of political parties or candidates solely based on their track record. Places of worship, including mosques, churches, and temples, are not to be employed for election propaganda.
  • Practices such as bribery, intimidation, and voter impersonation are explicitly forbidden. Public meetings within the 48-hour period leading up to the poll closing time are also proscribed, known as the "election silence," aiming to provide voters with a campaign-free environment for reflection before casting their votes

5.Is the Model Code of Conduct legally binding?

 

  • The Model Code of Conduct (MCC) is not a legally binding document in the sense that it is not enforceable by law. It is a set of guidelines and ethical standards issued by election management bodies, such as the Election Commission of India, to ensure fair play and ethical behavior during elections.
  • The MCC is followed by political parties and candidates on a voluntary basis, and adherence is more a matter of political ethics and a commitment to maintaining the integrity of the electoral process.
  • While the MCC itself does not have statutory backing, certain aspects of it may be supported by legal provisions. For example, if a political party or candidate violates specific principles outlined in the MCC, they may be subject to legal action under relevant electoral laws. However, the MCC, as a whole, is more of a moral and ethical code that relies on the cooperation and voluntary compliance of political participants.
  • The Election Commission, as the custodian of the MCC, can take various actions against those who violate its principles.
  • These actions may include issuing warnings, reprimands, and, in severe cases, canceling candidature or disqualification. The idea behind the MCC is to foster a fair and transparent electoral process and to prevent the misuse of power during election campaigns

6. Way forward

The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist

 

For Prelims: Current events of national and international importance.

For Mains: General Studies II: Salient features of the Representation of People’s Act.

Source: Indianexpress

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)

 
 
 
1. Context
 
 
The police had arrested six people in the security breach case after the incident on December 13, the anniversary of the 2001 Parliament terror attack. The accused were booked under UAPA (Unlawful Activities (Prevention) Act), 1967
 
 
2. About Unlawful Activities (Prevention) Act (UAPA)
 

The Unlawful Activities (Prevention) Act (UAPA) is an Indian law that was enacted in 1967 to effectively prevent unlawful activities that pose a threat to the sovereignty and integrity of India.

Key highlights of the UAPA

  • Objective: The primary objective of the UAPA is to provide law enforcement agencies with effective tools to combat terrorism and other activities that threaten the security of the nation.
  • Definition of Unlawful Activities: The act defines unlawful activities to include actions that intend to or support the cession of a part of the territory of India or disrupt the sovereignty and integrity of the country.
  • Powers of Designation: The government has the authority to designate an organization as a terrorist organization if it believes that such an organization is involved in terrorism. This designation has significant legal consequences, including the freezing of assets.
  • Powers of Arrest and Detention: The UAPA provides law enforcement agencies with powers of arrest and detention to prevent individuals from engaging in unlawful activities. The act allows for preventive detention to curb potential threats before they materialise.
  • Banning of Terrorist Organizations: The government can proscribe organizations as terrorist organizations, making their activities illegal. This includes banning these organisations, freezing their assets, and taking other measures to curb their operations.
  • Admissibility of Confessions: The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. This provision has been a point of contention, with concerns about potential misuse and coercion.
  • Designation of Individuals as Terrorists: In addition to organizations, the UAPA allows the government to designate individuals as terrorists. This designation carries legal consequences, including restrictions on travel and freezing of assets.
  • Amendments and Stringency: Over the years, the UAPA has undergone several amendments to strengthen its provisions and make it more effective in dealing with emerging threats. However, these amendments have also been criticized for potential violations of civil liberties.
  • International Cooperation: The UAPA allows for cooperation with foreign countries in matters related to the prevention of unlawful activities. This includes extradition of individuals involved in such activities.
 

3. Unlawful Activities (Prevention) Act (UAPA) and Human Rights

 

The Unlawful Activities (Prevention) Act (UAPA) and human rights lie in the impact the act can have on various fundamental rights guaranteed by the Constitution of India and international human rights standards.

The key points connecting the UAPA and human rights:

  • The UAPA allows for preventive detention, which means individuals can be detained without formal charges based on suspicions of involvement in unlawful activities. This raises concerns about the right to liberty, as individuals may be deprived of their freedom without the presumption of innocence until proven guilty.
  • The admissibility of confessions made to police officers under the UAPA raises issues related to the right against self-incrimination. There is a risk that such confessions might be obtained under duress or coercion, compromising the fairness of legal proceedings.
  • Designating individuals as terrorists and proscribing organizations without due process may impinge on the right to a fair trial. This includes the right to be informed of charges, the right to legal representation, and the right to present a defense.
  • The UAPA provides authorities with the power to proscribe organizations as terrorist organizations, limiting their activities. Critics argue that this may infringe upon the right to freedom of association, particularly when such designations are made without sufficient evidence or proper legal procedures.
  • The potential for misuse of the UAPA to target individuals or organizations critical of the government raises concerns about freedom of expression. If the act is used to suppress dissent or stifle legitimate political or social activities, it can undermine this fundamental right.
  • The UAPA grants authorities the power to intercept communications and conduct surveillance on individuals suspected of engaging in unlawful activities. This raises concerns about the right to privacy, as individuals may be subjected to intrusive surveillance without adequate safeguards.
  • Human rights standards require that any restrictions on rights, such as those imposed by the UAPA, must be proportionate and necessary for achieving a legitimate aim. Critics argue that the broad scope of the UAPA may lead to disproportionate measures that unduly restrict individual rights.
  • The UAPA's compatibility with international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), is a critical point of consideration. Ensuring that the act aligns with these standards is essential to upholding human rights principles.
 

4. Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Constitution

 

The Unlawful Activities (Prevention) Act (UAPA) and Article 22 of the Indian Constitution lie in how the UAPA's provisions for arrest and detention intersect with the constitutional safeguards provided under Article 22. 

  • Article 22 provides certain protections to individuals who are arrested or detained. It outlines the rights of arrested individuals, emphasizing safeguards to prevent arbitrary or unlawful detention.
  • Article 22(1) states that every person who is arrested and detained shall be informed, as soon as may be, of the grounds for such arrest. This provision ensures that individuals are aware of the reasons behind their arrest, preventing arbitrary or secret detentions.
  • Article 22(1) also guarantees the right of an arrested person to consult and be defended by a legal practitioner of their choice. This ensures that individuals have access to legal assistance during the legal process, contributing to a fair and just legal system.
  • The UAPA includes provisions for preventive detention, allowing authorities to detain individuals to prevent them from committing certain offences. However, Article 22(4) allows preventive detention only under specific circumstances, and certain safeguards must be followed, such as providing the detenu with the grounds for detention and an opportunity to make a representation against the detention.
  • Article 22(4) further mandates that a person detained under a law providing for preventive detention must be afforded the earliest opportunity to make a representation against the detention. Additionally, the case of every person detained is required to be placed before an advisory board within three months.
  • The UAPA allows for confessions made to police officers to be admissible in court, subject to certain safeguards. However, this provision has been a point of concern concerning Article 22, as confessions obtained under duress or coercion may violate the right against self-incrimination.
  • Article 22(2) ensures the right to be brought before the nearest magistrate within 24 hours of arrest, excluding the time necessary for the journey. This provision aims to prevent prolonged detention without judicial oversight and contributes to the right to a speedy trial.
 
 
For Prelims: Unlawful Activities (Prevention) Act, Article 22, Terrorism
For Mains: 
1. Discuss the key provisions of the Unlawful Activities (Prevention) Act (UAPA) and analyze how they may impact fundamental human rights. Elaborate on the balance between national security concerns and the protection of individual rights. (250 Words)

 

Previous Year Questions

1. Under Article 22 of the Constitution of India, with the exception of certain provisions stated there in, what is the maximum period for detention of a person under preventive detention? (MPSC 2014)

A. 2 months       B. 3 months         C. 4 months           D. 6 months

 

2. Article 22 of the Constitution ensures (CTET 2016)

A. Right not to be ill-treated during arrest or while in custody

B. Right to Constitutional Remedies

C. Right against Exploitation

D. Right to Education

Answers: 1-B, 2-A

Mains

1. Indian government has recently strengthed the anti-terrorism laws by amending the Unlawful Activities(Prevention) Act, (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing scope and reasons for opposing the UAPA by human rights organizations. (UPSC 2019)

Source: The Indian Express

NJAC 

1. Context 

The Supreme Court Registry has refused to accept a petition to end the Collegium system of judicial appointments and revive the National Judicial Appointments Commission (NJAC), seeking to “prevent needless waste of judicial time and energy”.

2. NJAC

  • In August 2014, Parliament passed the Constitution (99th Amendment) Act, along with the National Judicial Appointments Commission (NJAC) Act, which together provided for the creation of an independent commission to appoint judges to the Supreme Court (SC) and High Courts (HC).
  • This commission was to replace the collegium system.
  • The two Bills were ratified by the required number of State Legislature and got the President's assent on December 31, 2014.

3. Articles 124 and 217

  • Articles 124 and 217 of the Constitution deal with the appointment of judges to the SC and HC s of the Country.
  • Article 124 (2) states "every Judge of the Supreme Court shall be appointed by the President" after "consultation" with the judges of the SC and the HCs.
  • So while the collegium system does not figure in the Constitution, its legal basis is found in three SC judgments usually called the "Judges Cases".
  • To replace this system which received criticism over the years for its lack of transparency, among other provisions, the Constitution (99th Amendment) Act, introduced three primary Articles.
Article 124A created the NJAC, a constitutional body to replace the collegium system, Article 124B conferred the NJAC with the power to make appointments to Courts and Article 124C accorded express authority to Parliament to make laws regulating the manner of the NJAC's functioning.

4. Recommendations 

  • Under the NJAC Act, the Chief Justice of India and Chief Justices of the HCs were recommended by the NJAC on seniority while SC and HC judges were recommended based on ability, merit and "other criteria specified in the regulations".
  • Notably, the Act empowered any two members of the NJAC to veto a recommendation if they did not agree with it.
  • In the collegium system, senior-most judges make appointments to the higher judiciary.

5. NJAC challenged

  • In early 2015, the Supreme Court Advocates-on-Record Association (SCAORA) fled a plea challenging the provisions which had by then become laws.
  • The SCAORA Contended in its petition that both the Acts were "Unconstitutional" and "invalid".
It argued that the 99th Amendment which provided for the creation of the NJAC took away the "Primacy of the collective opinion of the Chief Justice of India and the two Senior-most Judges of the Supreme Court of India" as their collective recommendation could be vetoed or "suspended by a majority of three non-Judge members".
 
  • It invoked the Second Judges Case to say that CJI primacy had to be protected.
  • It also stated that the amendment "severely" damaged the basic structure of the Constitution, of which the independence of the judiciary in appointing judges was an integral part.

5. Second Judges Case

  • The Second Judges Case of 1993 emphasised the role of the CJI in appointing judges to SC and HCs.
  • The role of the CJI is primal because this is a topic within the judicial family, the Executive cannot have an equal say in the matter, the verdict reasoned.
  • The "basic structure" doctrine refers to the idea that the Constitution could not be amended or read in a manner that destroyed the document's basic structure.

6. Arguments between the Centre and the SC

  • Former Attorney-General Mukul Rohatgi for the Union government had argued in court that the Second Judges case, invoked by the petitioners was not Valid in the case of the NJAC as the "very basis" of the ruling was now gone.
  • The Centre also argued that the Act in no way took away the primacy of the judiciary but diluted the executive's power as only one member, the Law Minister was in the NJAC as opposed to three SC judges.
  • It also said that the amendment was "perfectly consonant" with the basic structure as it strengthened the "independence of the judiciary, checks and balances and democracy".
  • Solicitor-General Ranjit Kumar further argued that the collegium was a 'failure" and worked on a system of "intra-dependence", where there was "no transparency".
In October 2015, the five-judge bench of the top court hearing SCAORA's plea gave its ruling, with a 4:1 majority, that the NJAC was "unconstitutional" and violated the "basic structure of the constitution".
 
  • Significantly, the Bench admitted that all was not well even with the Collegium system of "judges appointing judges" and that the time was ripe to improve the system of judicial appointments.

For Prelims & Mains

For Prelims: SCAORA, NJAC, Basic structure, Article 124 and 217, Collegium, 99th Amendment, Second Judges Case, 
For Mains: 
1. How did the National Judicial Appointments Commission come into being? Why was it later struck down as ‘unconstitutional’? (250 Words)  
2. What is the ‘basic structure doctrine? Discuss why the government is insisting on a different system for appointing judges to the Supreme Court and High Courts. (250 Words) 
 
Source: The Hindu

MPLAD SCHEME

 

1. Context

Members of Parliament (MPs) elected to the Lok Sabha in 2019 have not utilised funds allocated to them by the government under the Members of Parliament Local Area Development (MPLAD) scheme as effectively as their predecessors.

2. What is the MPLAD Scheme?

  • The MPLADS (Members of Parliament Local Area Development Scheme is a constituency development scheme formulated by the Indian Government on 23 December 1993.
  • It enables the members of Parliament (MPs) to recommend developmental work in their constituencies with importance accorded to creating durable community assets, based on needs locally felt by the community. The spending limit is ₹ 5 crores per year.
  • States have their version of this scheme with varying amounts per MLA.
  • Delhi has the highest allocation under MLALAD; each MLA can recommend works for up to Rs 10 crore each year.
  • In Punjab and Kerela, the amount is Rs 5 crore per MLA per year: in Assam, Chhattisgarh, Maharashtra and Karnataka, it is Rs. 2 crores; in Uttar Pradesh, it was recently increased from Rs 2 Crore to Rs 3 Crore.
Source:Wikimedia

3. Implementation of the MPLADS Scheme

  • MPLADS was announced in December 1993, by the late Prime Minister Shri. P.V Narasimha Rao.
  • Although its announcement received criticism initially, MPLADS has continued to date, with successive governments supporting the scheme by allocating budgetary funds.
  •  Funds Allocation for each MP was ₹ 5 lakhs in 1993-94; it increased to ₹ 2 crores in 1998-99. This was further revised to ₹ 5 Crores in 2011-12.
  • MPLADS is administered by the Ministry of Statistics and Programme Implementation (MoSPI). MoSPI publishes an annual report on the MPLADS program operations, which provides information on the extent of work or the number of work completed for each Lok Sabha member (MP). The report helps assess how the MP has utilized their MPLADS funds, and the cumulative work undertaken under the scheme.
  •  At the height of the Covid pandemic, the central government suspended MPLADS to help mobilize money for priority sectors like vaccine development and health infrastructure.

4. How does the scheme work?

  • MPs and MLAs do not receive any money under these schemes.
  • The government transfers it directly to the respective local authorities. The legislators can only recommend works in their constituencies based on a set of guidelines.
  • For the MPLAD Scheme, the guidelines focus on the creation of durable community assets like roads, school buildings, etc.
  • Recommendations for non-durable assets can be made only under limited circumstances. For example, last month, the government allowed the use of MPLAD funds for the purchase of personal protection equipment, coronavirus testing kits, etc.
  • The guidelines for use of MLALAD funds differ across states. For example, Delhi MLAs can recommend the operation of fogging machines (to contain dengue mosquitoes), installation of CCTV cameras, etc.
  • After the legislators give the list of developmental works, they are executed by the district authorities as per the government's financial, technical, and administrative rules.

5. How long are the schemes supposed to continue?

  • The central scheme has continued uninterrupted for 27 years.
  • It is budgeted through the government’s finances and continues as long as the government is agreeable.
  • In 2018, the Cabinet Committee on Economic Affairs approved the scheme until the term of the 14th Finance Commission, which is March 31, 2020.
  • In the recent past, there has been one example of the discontinuation of a Local Area Development scheme.
  • Bihar Chief Minister Nitish Kumar discontinued the state’s scheme in 2010, only to revive it before the 2014 general elections.

6. Impact of the MPLAD Scheme

  • In 2018, when a continuation of the scheme was approved, the government noted that “the entire population across the country stands to benefit through the creation of durable assets of locally felt needs, namely drinking water, education, public health, sanitation, and roads, etc, under MPLAD Scheme”.
  • Until 2017, nearly 19 lakh projects worth Rs 45,000 crore had been sanctioned under the MPLAD Scheme.
  • Third-party evaluators appointed by the government reported that the creation of good-quality assets had a “positive impact on the local economy, social fabric, and feasible environment”.
  • Further, 82% of the projects have been in rural areas, and the remaining is in urban/semi-urban areas. 

7. Challenges with MPLADS

  • Inadequate citizen participation: MPLADS was envisaged to have the character of decentralized development based on the principle of participatory development. However, citizen participation has remained lukewarm. There is no information on how locally felt needs are given primacy.
  • Insufficient monitoring of sanctioned works: Guidelines stipulate that district authorities should monitor the sanctioned works. However, there is no indicator for monitoring. Annual reports do not throw light on monitoring. There is no indication of monitoring of asset condition after the completion of works.
  • Tendency to use MPLADS to gain political mileage: Research data indicate that MPs tend to go slow in the 1st half of their term. A majority of the MPLADS funds were spent during the last year of their term, just before elections, to gain political mileage.

8. Criticism

  • The criticism has been on two broad grounds.
  • First, it is inconsistent with the spirit of the Constitution as it co-opts legislators into executive functioning.
  • The most vocal critic was a DMK ex-MP and a former Chairman of the Public Accounts Committee, Era Sezhiyan. He said the workload on MPs created by the scheme diverted their attention from holding the government accountable and other legislative work.
  • The National Commission to Review the Working of the Constitution (2000) and the Second Administrative Reforms Commission, headed by Veerappa Moily (2007), recommended the discontinuation of the scheme.
  • In 2010, the Supreme Court held that the scheme was constitutional.
  • The second criticism stems from allegations of corruption associated with the allocation of works. The Comptroller and Auditor General have on many occasions highlighted gaps in implementation. 

Previous year Question

With reference to the funds under the Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements is correct? (UPSC 2020)
1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
2. A specified portion of each MP's fund must benefit SC/ST populations.
3. MPLADS funds are sanctioned on yearly basis and the unused funds cannot be carried forward to the next year.
4. The district authority must inspect at least 10% of all works under implementation every year.
Select the correct answer using the code given below:
A.  1 and 2 only
B. 3 and 4 only
C. 1, 2, and 3 only
D. 1, 2, and 4 only
Answer: D

For Prelims & Mains

For Prelims: Member of Parliament Local Area Development (MPLAD) Scheme, COVID-19,  Ministry of Statistics and Programme Implementation (MoSPI), Cabinet Committee on Economic Affairs, 14th Finance Commission, Local Area Development Scheme, National Commission to Review the Working of the Constitution (2000) and the Second Administrative Reforms Commission (2005).
For Mains: 1. Critically examine whether MPLADS has helped in bridging the gaps in the provisioning of public services.
Source: The Indian Express

ARTICLE 244 (A) OF THE CONSTITUTION 

 
 
1. Context
 
Recently, in Assam’s tribal-majority Diphu Lok Sabha constituency, candidates of all parties have promised the implementation of Article 244(A) of the Constitution to create an autonomous ‘state within a state’. This has been the primary election promise in Diphu for decades.
 

2. What is Article 244(A) of the Constitution of India? How is it different from the Sixth Schedule of the Constitution?

 

 Article 244(A) of the Constitution of India provides for the creation of an autonomous state comprising certain tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram. It allows for the establishment of a separate administrative setup for these areas to safeguard the interests of the tribal population and promote their socio-economic development.

The Sixth Schedule of the Constitution provides for the administration of tribal areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. It establishes autonomous district councils and regional councils within these areas to administer local governance and safeguard the interests of tribal communities.

Article 244(A)

  • Introduced by the Twenty-second Amendment Act of 1969.
  • Empower the Parliament of India to enact a law for creating an autonomous state within the existing state of Assam.
  • This autonomous state can be formed by comprising all or some of the tribal areas specified in the Act.
  • The autonomous state could have its own legislature or council of ministers, or both, with powers defined by the Parliament.

Sixth Schedule

  • Provisions mentioned in the Sixth Schedule are meant for the administration of tribal areas in Assam and other states mentioned in Part A or Part B of the First Schedule (excluding Assam).
  • It focuses on the administration of these areas through autonomous district councils and regional councils.
  • These councils have powers related to managing local affairs like inheritance, marriage, social customs, and land revenue.

Key Differences

Features Article 244(A) Sixth Schedule
Legislative Body Enables creation of a separate autonomous state with its own legislature or council of ministers Grants autonomy through existing district councils and regional councils
Powers Parliament defines the powers of the autonomous state Powers are specified in the Sixth Schedule itself and relate to local administration
Applicability Specific to tribal areas within Assam as defined in the Act Applies to tribal areas in various states mentioned in the Constitution's First Schedule (excluding Assam for this specific provision)
Level of Autonomy Creates a higher level of autonomy, potentially with a separate government structure
Provides a level of autonomy within the existing state framework
 
 

3. The provisions under the sixth and fifth schedules of the Indian Constitution

 

The Fifth and Sixth Schedules of the Indian Constitution contain provisions related to the administration and governance of tribal areas in the country. 

Fifth Schedule

  • The Fifth Schedule deals with the administration and control of Scheduled Areas, which are areas inhabited by tribal communities in various states of India.
  • The Governor of each state with Scheduled Areas is responsible for ensuring the administration of these areas according to the provisions of the Fifth Schedule.
  • The Governor is empowered to establish a Tribal Advisory Council to advise on matters related to the welfare and advancement of tribal people in the state.
  • The Fifth Schedule provides safeguards for the protection of tribal rights over land, forests, and other natural resources within Scheduled Areas.
  • The Governor has the authority to regulate the transfer of land and the use of natural resources in Scheduled Areas to prevent alienation of tribal lands and exploitation of tribal communities.
  • The Fifth Schedule allows for the enactment of special laws for the peace and good governance of Scheduled Areas, including laws related to land acquisition, mining, and conservation.
  • The Panchayati Raj Extension Act (PESA Act, 1996) extends the provisions of Panchayati Raj (village-level democratic governance) to Scheduled Areas with modifications to ensure greater participation of tribals in local governance.

Sixth Schedule

  • The Sixth Schedule deals specifically with the administration and governance of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
  • The Sixth Schedule provides for the creation of autonomous districts within these states, each with its own district council responsible for local governance.
  • The district councils under the Sixth Schedule have legislative, executive, and financial powers to administer the areas within their jurisdiction, including the power to make laws on specified subjects.
  • In addition to autonomous district councils, the Sixth Schedule also allows for the establishment of regional councils comprising two or more autonomous districts to coordinate and promote the welfare of tribal communities across a larger geographical area.
  • The Sixth Schedule contains special provisions related to land, forests, and local self-government within tribal areas, aimed at protecting the rights and interests of tribal communities.
 

4. About autonomous district councils (ADCs)

 

Autonomous District Councils (ADCs) are local self-government bodies established under the provisions of the Sixth Schedule of the Indian Constitution. These councils are primarily created for the administration and governance of tribal areas in certain northeastern states, including Assam, Meghalaya, Tripura, and Mizoram.

Key features of Autonomous District Councils include

  • ADCs are established within the tribal areas designated under the Sixth Schedule of the Constitution.
  • ADCs have legislative, executive, and financial powers to govern the areas within their jurisdiction. They function as autonomous entities with a degree of self-rule, making decisions on various local matters.
  • ADCs have the authority to make laws on specified subjects listed in the Sixth Schedule, such as land, forests, local taxes, and administration of justice.
  • ADCs have the power to execute laws passed by the council, administer local institutions, and implement development programs within their areas.
  • ADCs have control over their finances, including the power to levy and collect taxes, fees, and other revenues, as well as to manage and allocate funds for local development projects and services.
  • The composition of ADCs typically includes elected members representing various tribal communities within the district, along with nominated members representing special interests, such as women, non-tribal residents, and other marginalized groups.
  • ADCs perform a wide range of functions related to local governance, including infrastructure development, education, healthcare, agriculture, social welfare, and cultural preservation.

 

 5. What are the tribal groups in Assam?

 

Assam is home to various tribal communities, each with its distinct cultural heritage, language, and socio-economic practices. Some of the prominent tribal groups in Assam include

  • The Bodo people are one of the largest tribal communities in Assam. They primarily inhabit the Bodoland Territorial Region (BTR) in western Assam. The Bodos have their language, culture, and traditional practices.
  • The Karbi tribe, also known as Mikir, resides mainly in the Karbi Anglong and West Karbi Anglong districts of Assam. They have a rich cultural heritage, with traditional dances, music, and festivals being an integral part of their identity.
  • The Dimasa tribe is primarily found in the Dima Hasao district of Assam. They have a distinct language and cultural traditions, including unique forms of weaving, pottery, and folk music.
  • The Mishing (Mishing/Miri) tribe is predominantly located in the riverine areas of Assam, particularly along the Brahmaputra river. They are known for their expertise in fishing, bamboo and cane craftsmanship, and traditional agricultural practices.
  • The Rabha tribe inhabits the Goalpara, Kamrup, and Kokrajhar districts of Assam. They have a rich cultural heritage, with traditional dances like the Bihu and Jhumur being an essential part of their cultural expression.
  • The Tiwa tribe, also known as Lalung, primarily resides in the Morigaon and Nagaon districts of Assam. They have their language and traditional practices, including unique forms of weaving, agriculture, and folk music.
  • The Sutiya tribe has a historical presence in Assam, particularly in the Sivasagar district. They have a rich cultural heritage, with significant contributions to Assamese literature, art, and architecture during the medieval period.
  • Although predominantly found in the Garo Hills region of Meghalaya, the Garo tribe also has a presence in western Assam, particularly in the Goalpara district. They have a distinct language, culture, and traditional practices.

 

6. The issues related to the sixth schedule

 

The key issues related to the Sixth Schedule include

  • While the Sixth Schedule provides for the establishment of autonomous district councils (ADCs) and regional councils to administer tribal areas, there have been concerns about the actual extent of autonomy and empowerment granted to these councils. Issues related to insufficient devolution of powers, inadequate financial resources, and limited decision-making authority have been raised, affecting the effectiveness of local self-governance.
  • Tribal areas covered under the Sixth Schedule are often rich in natural resources such as forests, minerals, and water bodies. However, there have been challenges related to the management and utilization of these resources, including issues of encroachment, illegal mining, deforestation, and lack of sustainable development practices. Balancing the conservation of natural resources with the socio-economic development needs of tribal communities has been a persistent challenge.
  • Tribal areas covered under the Sixth Schedule often lag behind in terms of infrastructure development, including roads, electricity, healthcare, education, and connectivity. Limited access to basic amenities and services has hindered the overall socio-economic progress of tribal communities, leading to disparities in development outcomes between tribal and non-tribal areas.
  • Some areas under the Sixth Schedule have been affected by conflict and insurgency, leading to security challenges and disruptions in governance and development activities. Issues related to ethnic tensions, identity politics, and demands for separate statehood or autonomy have sometimes hampered peace and stability in these regions, affecting the overall implementation of the Sixth Schedule provisions.
  • Protection of land rights and prevention of land alienation among tribal communities have been significant concerns under the Sixth Schedule. Encroachments on tribal lands, displacement due to development projects, and disputes over land ownership have often resulted in social unrest and conflicts, undermining the traditional livelihoods and cultural identity of tribal populations.
  • Despite the provisions for the reservation of seats in ADCs and regional councils for tribal communities, there have been challenges related to effective political representation and participation. Issues such as political marginalization, lack of transparency, and dominance of vested interests have sometimes undermined the democratic functioning of these institutions, limiting the voice and agency of tribal communities in decision-making processes.

 

7. What is the state of India’s scheduled areas?

 

Scheduled Areas (SAs) in India represent a designated region encompassing roughly 11.3% of the country's landmass and inhabited by around 8.6% of the population, primarily tribal communities. Established under the Fifth Schedule of the Indian Constitution, SAs aim to safeguard the cultural identity, social fabric, and economic interests of these communities.

Positive Developments

  • SAs offer special provisions like restrictions on land transfer from tribals to non-tribals, safeguarding them from exploitation and dispossession.
  • The Panchayati Raj Extension Act (PESA) empowers tribal communities through participation in local governance bodies within SAs.
  • Several government schemes and programs specifically focus on development in SAs, aiming to improve infrastructure, healthcare, and education.
  • Initiatives promoting traditional skills and fostering sustainable livelihood opportunities for tribal communities are gaining traction.

Challenges and Concerns

  • Inadequate funding often hinders the effectiveness of development programs in SAs, leading to slow progress on critical issues.
  • Instances of corruption and bureaucratic hurdles can impede the implementation of welfare schemes and infrastructure projects.
  • Development projects, while intended for progress, can sometimes lead to displacement of tribal communities or unsustainable resource extraction practices.
  • Many SAs continue to face inadequate access to basic amenities like healthcare, education, and proper transportation.
  • Social inequalities within some tribal communities can lead to the marginalization of certain groups and limit their participation in development initiatives.

 

8. The difference between scheduled areas and tribal areas

 

Features Scheduled Areas Tribal Areas
Definition Regions designated under the Fifth Schedule of the Indian Constitution, are recognized as inhabited by tribal communities and requiring special protection and administration. Regions primarily inhabited by tribal communities, irrespective of their designation under the Fifth Schedule.
Constitutional Provisions Governed by specific provisions of the Fifth Schedule, outlining the administration and governance, including the establishment of autonomous district councils (ADCs) or other local self-government bodies. May or may not have a specific legal framework governing their administration.
Geographical Coverage Found in various states across India, including northeastern states such as Assam, Meghalaya, Tripura, and Mizoram, as well as states like Jharkhand, Chhattisgarh, Odisha, Andhra Pradesh, Telangana, and others. Can overlap with scheduled areas designated under the Fifth Schedule, but also may include regions not falling under the constitutional definition of scheduled areas.
Legal Framework Governed by specific provisions of the Fifth Schedule. May not necessarily have a distinct legal framework governing their administration. 
 
 
 9. The Way Forward
 
By addressing the challenges and promoting effective implementation of existing provisions, both Article 244(A) (if implemented) and the Sixth Schedule can serve as instruments for empowering tribal communities, ensuring their cultural preservation, and promoting their socio-economic development within the broader framework of India's diverse society.
 
 
For Prelims: Article 244 (A), Fifth Schedule, Sixth Schedule, Assam
For Mains: 
1. Critically examine the provisions of Article 244(A) of the Indian Constitution. How does it differ from the Sixth Schedule in its approach to the administration of tribal areas? Discuss the potential benefits and challenges associated with the implementation of Article 244(A) in Assam. (250 Words)
2. Explain the concept of ethnic tensions and identity politics in the context of tribal communities in India. How can these issues be addressed to promote peace and stability in tribal-dominated regions? (250 Words)
 
Previous Year Questions

1. Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (UPSC 2013)

A. State Forest Department
B. District Collector/Deputy Commissioner
C. Tahsildar/Block Development Officer/Mandal Revenue Officer
D. Gram Sabha
 
2. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram  (DSSSB PRT General Section Officer 2019)
Which of the following can the Governor of a State do?
1. Can create a new autonomous district
2. The area of atonomous district can be increased
A. 1 Only  B. 2 Only   C. Both 1 and 2   D. Neither 1 nor 2
 
3. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022)
A. This would prevent the transfer of land of tribal people to non-tribal people.
B. This would create a local self-governing body in that area.
C. This would convert that area into a Union Territory.
D. The State having such areas would be declared a Special Category State.
 
 
4. Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1966 (PESA) (UPSC CAPF 2018)
A. Extends greater say to local tribe community over common resources
B.Provides greater devolution of powers to Scheduled Tribes
C.Extends Provisions of 73rd Constitutional Amendment to Scheduled Areas
D. Bring Scheduled Areas under the better control of Local Panchayats
 
 
5. At the National level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006? (UPSC 2021) 
A. Ministry of Environment, Forest and Climate Change
B. Ministry of Panchayati Raj
C. Ministry of Rural Development
D. Ministry of Tribal Affairs
 
 
6. Consider the following statements: (UPSC 2019)
1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas. 
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statement given above is/are correct? 
A. 1 and 2 only       B. 2 and 3 only          C. 3 only             D. 1, 2 and 3
 
7. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India: (UPSC 2019)
1. PVTGs reside in 18 States and one Union Territory.
2. A stagnant or declining population is one of the criteria for determining PVTG status.
3. There are 95 PVTGs officially notified in the country so far.
4. Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
A. 1, 2 and 3       B. 2, 3 and 4            C. 1, 2 and 4        D. 1, 3 and 4
 
 
8. The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective? (UPSC 2013)
A. To provide self-governance
B. To recognize traditional rights
C. To create autonomous regions in tribal areas
D. To free tribal people from exploitation
 
9. Which one of the following is mainly associated with Panchayati Raj in the tribal areas? (RPSC 2019) 
A. Doomar Lal Baitha Committee
B. Sadik Ali Committee
C. Dilip Singh Bhuria Committee
D. P.K. Thungan Committee
 
10. Article _____ of the Constitution of India deals with provisions related to the administration and control of Scheduled Areas and Scheduled Tribes. (SSC CGL 2020)
A. 222(1)         B. 244(1)          C. 244(2)            D.  222(2)
 
11. The Biological Diversity Act 2002 was born out of India’s attempt to realise the objectives of enshrine in the  (Haryana 2014)
A. United Nation Convention on Biological Diversity (CBD) 1991
B. United Nation Convention on Biological Diversity (CBD) 1992
C. United Nation Convention on Biological Diversity (CBD) 1993
D. United Nation Convention on Biological Diversity (CBD) 1994
 
12. Under Land Acquisition, Rehabilitation and Resettlement Act, 2013 stipulates mandatory consent of how much people in Public-Private Partnership Project? (Jharkhand Civil Service 2016)
A. 50%        B. 60%        C. 70%           D. 80%
 
13. What is/ are true in relation to Autonomous Districts (CGPSC 2021)
1. Each Autonomous District Council has 30 members
2.24 members of the Autonomous District Council are elected via voting and rest 6 are nominated by Governor
3.Rights to direct the Acts passed by the Parliament of India is Autonomous. Districts of Assam lie with Governor
A.1 , 2 and 3   B. 1 and 3   C. 1 and 2   D. 1 Only
 
Answers: 1-D, 2-C, 3-A, 4-C, 5-D, 6-B, 7-C, 8-C, 9-C, 10-B, 11-B, 12-C, 13-B
 
Source: The Indian Express
 

ELECTRONIC VOTING MACHINE (EVM)

 
 
1. Context
Stating that no candidate has yet pointed to a mismatch between the votes polled on Electronic Voting Machines (EVMs) and the slips printed by the Voter Verifiable Paper Audit Trail (VVPAT) machine, the Supreme Court Wednesday reserved its order on a bunch of petitions seeking 100 per cent verification of votes with the slips, saying it cannot issue directions on the basis of mere suspicion
 
2. What is an electronic voting machine (EVM)?
 
  • An electronic voting machine (EVM) serves as a portable device utilized in the electoral process for parliamentary, legislative, and local body elections, including panchayats and municipalities.
  • The EVM operates on microcontroller technology, aiming to modernize the election process while ensuring the elimination of invalid votes and maintaining the utmost secrecy of voting data. Additionally, it expedites the counting process, ensuring accuracy. The recorded voting data within EVMs can be stored for extended periods and retrieved when necessary.
  • This technological system is dependable for conducting elections where a single candidate must be elected from multiple options, as it is configured for one position and one vote per voter. Utilizing the EVM, voters can cast their ballots for their preferred candidate or select the "None of the Above" (NOTA) option, which is provided in each machine for voters who opt not to support any contestant.
  • In 1989, India's Election Commission (EC), in collaboration with two central government entities — the Electronics Corporation of India (ECIL) and Bharat Electronics Limited (BEL) — developed the nation's own Electronic Voting Machines (EVMs). These machines saw their inaugural use during the 1999 Goa State Assembly elections

3. How does it work?

 

  • To indicate their choice, a voter must press the button corresponding to the preferred candidate, prompting a red light to illuminate next to the candidate's name and symbol. Additionally, a prolonged beep will sound, confirming the successful casting of the vote.

  • Inside the polling booth, the presiding officer will activate the ballot unit once the voter enters the designated compartment.

  • To select a candidate, press the blue button adjacent to their name and symbol on the ballot unit.

  • Upon selection, the candidate's name or symbol will be highlighted by a glowing red light, accompanied by an audible beep.

  • Subsequently, the voter will receive a printed ballot slip featuring the selected candidate's name, symbol, and a serial number

4.Working Module of EVM
 
  • An Electronic Voting Machine (EVM) comprises two components: a control unit and a balloting unit, interconnected by a five-meter cable.
  • The control unit is assigned to a polling officer, while the balloting unit is placed within a compartment for voters to cast their votes. EVMs are adaptable even in areas lacking electricity, as they can operate using alkaline batteries.
  • In the polling station, the control unit remains under the supervision of the Presiding Officer and is positioned inside the voting compartment, responsible for tallying the votes. Conversely, the balloting units are stationed within the voting compartment to facilitate voters in casting their ballots.
  • The balloting unit offers voters blue buttons labeled horizontally with party symbols and corresponding candidate names. In contrast, the Control Unit provides the officer-in-charge with a 'Ballot' marked button, allowing them to proceed to the next voter without issuing a physical ballot paper

5.Controversy around the use of EVMs

The employment of Electronic Voting Machines (EVMs) has stirred controversy in various regions due to concerns over their reliability, security, and transparency. Some of the controversies surrounding EVMs include:

  • Security Concerns: Critics argue that EVMs are susceptible to tampering and hacking, which could compromise the integrity of election results. There have been allegations of EVM manipulation through malicious software or physical tampering, raising doubts about the fairness of elections.

  • Lack of Transparency: The opaque nature of EVMs, particularly regarding the inner workings of the software and hardware, has been a point of contention. Critics argue that without a paper trail or verifiable audit mechanism, it's challenging to ensure the accuracy of election outcomes and detect any potential malfunctions or manipulation.

  • Limited Accessibility: EVMs may pose challenges for certain demographics, such as elderly voters or those with disabilities, who may find it difficult to operate the electronic interface. This raises concerns about the inclusivity and accessibility of the electoral process.

  • Trust and Confidence: Public trust in EVMs is crucial for the legitimacy of election results. However, controversies surrounding EVMs, including allegations of malfunctioning or tampering, can undermine trust in the electoral process and lead to doubts about the validity of election outcomes.

  • Legal Challenges: In some cases, legal challenges have been filed questioning the legality or constitutionality of using EVMs in elections. These challenges often revolve around issues such as the absence of a paper trail, the reliability of electronic systems, and the potential for manipulation

6. What are VVPATs?
 

Voter Verifiable Paper Audit Trail (VVPAT) is a mechanism introduced to enhance the transparency and credibility of electronic voting systems, particularly Electronic Voting Machines (EVMs). VVPAT provides a physical paper trail that allows voters to verify that their vote has been accurately recorded by the EVM.

Here's how VVPAT works:

  • Paper Record: When a voter casts their vote using an EVM, the VVPAT system prints a paper slip containing the details of the vote, including the name and symbol of the candidate selected by the voter. This paper slip is visible through a transparent window for a few seconds before being automatically cut and dropped into a sealed box.

  • Verification by Voter: The voter can visually inspect the printed paper slip to confirm that it accurately reflects their chosen candidate. This allows voters to verify that their vote has been cast as intended.

  • Audit Trail: The paper slips collected in the sealed box serve as a physical audit trail of the electronic votes recorded by the EVM. In case of any dispute or recount, these paper slips can be used to verify the accuracy of the electronic results.

7. Representation of People Act, 1981
 
  • The Representation of the People Act, 1981 is a significant legislation in India that primarily deals with the conduct of elections and the qualifications and disqualifications for membership of Parliament and State Legislatures. However, there is no such legislation by the name "Representation of the People Act, 1981."
  • Instead, the primary legislation governing elections in India is the Representation of the People Act, 1951. This Act has been amended several times, including in 1981, to accommodate changes in electoral processes, procedures, and to address emerging issues related to elections.
  • The Representation of the People Act, 1951, covers various aspects of elections, including the preparation of electoral rolls, delimitation of constituencies, qualifications and disqualifications for membership of Parliament and State Legislatures, conduct of elections, election offences and disputes, and the powers and functions of the Election Commission of India.
  • It's important to note that while the Representation of the People Act, 1951, remains the primary legislation governing elections, there have been amendments and additions made over the years to address evolving electoral practices and challenges

 

For Prelims: Indian Polity and Governance

For Mains: Governance, Constitution and Polity.
 
Previous Year Questions

Consider the following statements: (UPSC CSE 2017)

1. The Election Commission of India is a five-member body.

2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 2 and 3 only

(d) 3 only

Answer (d)

The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners. Hence statement 1 is incorrect.Election commission decides the election schedule for the conduct of both general elections and bye-elections. Hence statement 2 is incorrect. It also decides the disputes relating to splits/mergers of recognized political parties. Hence only statement 3 is correct.

Mains

In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)
 
Source: Indianexpress
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