
UPSC Key—15th March, 2024: One Nation, One Election Report, New ECs and Open book exams debateSubscriber Only
Important topics and their relevance in UPSC CSE exam for March 15, 2024. If you missed the March 14, 2024 UPSC CSE exam key from the Indian Express, read it here.
Syllabus:
Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc
Main Examination: General Studies – II – Governance, Constitution, Polity
Key Points to Ponder:
• What’s the ongoing story- The panel, chaired by former President Ram Nath Kovind, presented its report to President Droupadi Murmu on Thursday morning, after which it published its report on its website.
• What is meant by simultaneous elections?
• Is this the first time that simultaneous elections are proposed to be held in India?
• For Your Information: The committee, set up on September 2, 2023, included Home Minister Amit Shah, former Leader of Opposition in the Rajya Sabha Ghulam Nabi Azad, former Finance Commission chairperson N K Singh, former Lok Sabha secretary-general Subhash C Kashyap, senior advocate Harish Salve and former Chief Vigilance Commissioner Sanjay Kothari.
The government’s FAQs list the following reasons in favour of holding simultaneous elections:
(i) Frequent elections burden the government exchequer with additional expenditure. If the expenditure incurred by political parties is also added, these figures will be even higher.
(ii) Asynchronous elections cause uncertainty and instability, thwarting supply chains, business investments and economic growth.
(iii) Disruption of government machinery due to asynchronous elections causes hardship to citizens.
(iv) Frequent use of government officials and security forces adversely affect discharge of their duties.
(v) Frequent imposition of the Model Code of Conduct (MCC) causes policy paralysis and slows down the pace of the developmental programmes.
(vi) Staggered elections induce ‘voters’ fatigue’ and present a significant challenge in ensuring their participation.
• Highlights:
As the first step to holding simultaneous elections in the country, the high-level committee headed by former President Ram Nath Kovind has recommended that the government take a “one-time transitory measure”, which would require the Union government to identify an “appointed date” immediately after a Lok Sabha election and all state assemblies that go to poll after the said date would have their terms expire with the Parliament.
This would synchronise the electoral cycles of the central and state governments and bring back simultaneous elections.
Then, as the second step, municipality and panchayat elections should be held within 100 days of the Lok Sabha and state elections.
According to sources, if the new government elected after the 2024 Lok Sabha polls accepts the Kovind committee’s recommendation and immediately initiates the process, the first simultaneous polls could be held as early as 2029. During this transition period, all states with elections due between June 2024 and May 2029 would see their terms expire alongside the 18th Lok Sabha. Consequently, some state assemblies would have terms of less than five years as a one-time measure to facilitate this synchronisation.
To ensure that synchronicity is not disrupted due to the premature dissolution of the Parliament or a state assembly due to a no-confidence motion, a hung House or any other event, the committee has suggested that fresh elections should be conducted only for the remainder of the term, or the “unexpired term”, until the next cycle of simultaneous polls is due.
The committee also recommended that Article 325 of the Constitution be amended to enable preparation of a single electoral roll and single Elector’s Photo Identity Card (EPIC) by the Election Commission of India, in consultation with the State Election Commissions.
To enable municipal and panchayat elections to be held simultaneously with the others, the committee recommended an Article 324A, which states that Parliament may make a law to ensure that elections to municipalities and panchayats be held together with General Elections.
The report said committee member Subhash C. Kashyap had recommended the concept of “constructive vote of no-confidence”, which is the model in Germany, where to bring a no-confidence motion against a government, a positive vote of confidence in an alternate leader or government is required. However, the report added, the committee did not agree with Kashyap’s proposal.
• Undoubtedly, the Indian electorate is, as the report says, “sagacious enough to differentiate between national and regional issues, as also between national and regional parties”. Comment.
• Important Articles to look at: Article 368(2), Article 324A , Article 325, Article 327, Article 82, Article 83, Article 172. What are the amendments proposed by Kovid committee.
• Other Important Articles Covering the same topic:
One Nation, One Election: Highlights of the Kovind panel’s recommendations
Express View on One Nation One Election: No last word
Syllabus:
Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc
Main Examination: General Studies – II – Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Key Points to Ponder:
• What’s the ongoing story- Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed new Election Commissioners Thursday, hours after their selection by a three-member committee headed by the Prime Minister.
• For Your Information:
How are the CEC and ECs currently appointed?
There are just five Articles (324-329) in Part XV (Elections) of the Constitution. Article 324 of the Constitution vests the “superintendence, direction and control of elections” in an Election Commission consisting “of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix”.
The Constitution does not lay down a specific legislative process for the appointment of the CEC and ECs. The President makes the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.
What are the powers of the Election Commission?
The Constitution of India gave the Election Commission sweeping powers without going into the specifics. Introducing this provision in the Constituent Assembly on June 15, 1949, Babasaheb Ambedkar had said “the whole election machinery should be in the hands of a Central Election Commission, which alone would be entitled to issue directives to returning officers, polling officers and others”.
Parliament subsequently enacted The Representation of the People Act, 1950, and The Representation of the People Act, 1951, to define and enlarge the powers of the Commission.
The Supreme Court in ‘Mohinder Singh Gill & Anr vs The Chief Election Commissioner, New Delhi and Ors’ (1977) held that Article 324 “operates in areas left unoccupied by legislation and the words ‘superintendence, direction and control’ as well as ‘conduct of all elections’ are the broadest terms”. The Constitution has not defined these terms.
The SC said Article 324 “is a plenary provision vesting the whole responsibility for national and State elections” in the ECI “and, therefore, the necessary powers to discharge that function”.
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (EC Act) requires that the EC and CEC must hold the post for a period of six years. This law essentially governs the conditions of service of the CEC and ECs.
Was the Election Commission always a three-member body?
No. For almost four decades of the republic, until 1989, the Election Commission was a single-member body, with only a Chief Election Commissioner (CEC). The Election Commission was expanded just ahead of the elections to the ninth Lok Sabha in an atmosphere of friction between the Rajiv Gandhi government and then CEC R V S Peri Sastri.
These differences had resulted in some uncomfortable moments for the government during the Presidential election of 1987, and Rajiv’s government, apprehensive of what Peri Sastri might do during the Lok Sabha elections of 1989, decided to curtail his powers by making the Election Commission a multi-member body. So on October 7, 1989, President R Venkataraman, in the exercise of his powers under Article 324(2), issued a notification creating two positions in the Election Commission in addition to that of the CEC. On October 16, 1989, the government appointed S S Dhanoa and V S Seigell to these posts.
But this arrangement did not last. The Congress lost power in the elections, and the National Front government of Prime Minister V P Singh quickly rescinded the presidential notification of October 7, 1989. EC Dhanoa challenged his removal in the Supreme Court, but his petition was dismissed.
The V P Singh government then enacted the aforementioned Act of 1991, which gave the CEC a status equal to that of a Supreme Court judge, and his retirement age was fixed at 65 years. The ECs were given the status of High Court judges, and their retirement age was fixed at 62 years. The passage of the EC Act essentially meant that if and when the Election Commission became a multi-member body again, the CEC would act as its chairman, and the ECs would be junior to him.
• So when did the Election Commission again become a three-member body?
• Why 20th Law Commission’s 255th report important with reference to this news?
Other Important Articles Covering the same topic:
• How are the CEC and ECs appointed, and what has the Supreme Court order changed?
• Explained: The new process for picking Election Commissioners, why it was brought in
Syllabus:
Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc
Main Examination: General Studies – II – Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Key Points to Ponder:
• What’s the ongoing story- Two sides of the debate:
For: Radhey Shyam Sharma writes- “With open book exams, Indian students will benefit from ancient wisdom, modern pedagogy.”
Against: Amit Kaushik writes- “Before open book exams, teach students to think. This format will only work if students are encouraged to apply their knowledge, not focus on rote learning.”
• For Your Information:
The Central Board of Secondary Education (CBSE) has proposed a pilot study to check the feasibility of open book exams for Classes 9 to 12.
The pilot will be held in select schools in November-December for subjects like English, Mathematics and Science for Classes 9 and 10, and English, Mathematics and Biology for Classes 11 and 12. The CBSE has proposed this form of assessment based on the National Curriculum Framework (NCF) released last year.
Through this pilot, the Board aims to study the time taken by students to complete such tests and gather feedback from teachers and students. The pilot test will be designed and developed by June, for which the CBSE has sought Delhi University’s help.
• What is an open book exam?
• Is this a new concept for Indian students?
• Why has CBSE proposed the open book exam now?
• What does research say on open book exams?
• For: The introduction of OBE is a departure from tradition, transforming educators into facilitators of inquiry and champions of a lifelong learning ethos. By weaving technology into the fabric of learning, promoting a culture of inclusivity, and prioritising the adaptability of students and educators alike, OBE promises a revolution in education that prepares students not just for the challenges of today but for the opportunities of tomorrow. As we embrace this journey, OBE’s promise is clear: To cultivate a generation ready to lead with confidence, creativity, and a deep sense of social responsibility — a true testament to the enduring spirit of innovation and excellence in Indian education and the global market.
• Against: It is worth recalling that CBSE had introduced OBEs in 2013-14, but they were eventually withdrawn based on feedback from parents and teachers. A major reason for discontinuing them was the lack of preparation within the system. Reintroducing OBEs will require more than just a change to the form of examination. Since such assessments require students to be able to analyse and apply knowledge, teaching in the classroom will also need to privilege independent thinking and creativity; the business-as-usual form of rote learning will no longer be appropriate. Nor will the kinds of questions presently set in school examinations — exam setters will have to learn how to craft original and imaginative questions that challenge students to think and apply learning. And finally, teachers will need to be trained to evaluate OBE submissions in a fair and consistent manner, which, in turn, implies empowering them and returning to them some of the academic autonomy that has been lost over the last several years.
Other Important Articles Covering the same topic:
CBSE proposes open-book exams for Classes 9 to 12, pilot run in November
Syllabus:
Preliminary Examination: Current events of national and international importance.
Main Examination: General Studies – II – Statutory, regulatory and various quasi-judicial bodies.
Key Points to Ponder:
• What’s the ongoing story- The National Payments Corporation of India (NPCI) on Thursday said it has granted One97 Communications Ltd (OCL) to participate in Unified Payments Interface (UPI) as Third-Party Application Provider (TPAP) under multi-bank model.
NPCI said four banks – Axis Bank, HDFC Bank, State Bank of India and YES Bank – will act as PSP (Payment System Provider) banks to OCL, which is the parent company of Paytm.
• For Your Information: Last month, the Reserve Bank of India (RBI) directed NPCI, which owns and operates the UPI platform, to consider a request by OCL to become a TPAP. A Third-Party Application Provider is an entity that provides the UPI compliant app(s) to the end-user customers to facilitate UPI-based payment transactions. These applications could be mobile wallets, merchant apps, or any other platform that utilises UPI for payments.
Currently, all UPI transactions on the Paytm app are being routed through Paytm Payments Bank (PPBL), an associate company of OCL, which is now registered as TPAP.
• What is NPCI?
• What led to the RBI’s action against Paytm? (probable causes, effects, and what happens to common man’s money)
Other Important Articles Covering the same topic:
RBI action against Paytm: probable causes, effects, and what happens to your money
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