Important topics and their relevance in UPSC CSE exam for February 8, 2024. If you missed the February 7, 2024 UPSC CSE exam key from the Indian Express, read it here

IN PARLIAMENT

Above 7% growth rate expected for 4th consecutive year: Sitharaman

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Main Examination: General Studies III: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.

Key Points to Ponder:

• What’s the ongoing story- Countering the charge of the Opposition, Finance Minister Nirmala Sitharaman on Wednesday said that India is the fastest-growing major economy in the world. She said while the workforce has gone up which is evident from the substantial increase in the number of people enrolled with the EPFO, the unemployment rate has declined significantly.

• What exactly , Finance Minister Nirmala Sitharaman said?

• “The Indian economy is expected to clock over 7 per cent growth rate for the fourth year in a row”-Comment

• What is the difference between retail inflation and wholesale inflation?

• What Finance Minister said on India’s retail inflation?

• Talking about the fiscal deficit, what exactly Finance Minister said?

• What do you mean by fiscal deficit?

• Fiscal deficit is the most-watched variable-Why?

• What happens when the government tries to print more money instead of borrowing from the market?

• How sudden surge of additional money in the market impacts Economy?

• What happens when fiscal deficits continue to grow?

• What happens when fiscal deficits continue to decrease?

• What is Fiscal Responsibility and Budget Management Act of 2003?

• What is the present scenario of fiscal deficit?

• Do You Know-Fiscal deficit essentially shows the amount of money that the government borrows from the market. It does so to bridge the gap between its expenses and income. Fiscal deficit is the most-watched variable, because if a government borrows more, it leaves a smaller pool of money for the private sector to borrow from. That, in turn, leads to higher interest rates, thus disincentivising borrowings by the private sector and further dragging down economic activity in the form of lower consumption and production.

If the government tries to print more money instead of borrowing from the market, that too leads to negative effects such as inflation, thanks to a sudden surge of additional money chasing the same supply of goods and services. Moreover, each year’s fiscal deficit adds to the pool of government debt. If fiscal deficits continue to grow unrestrained — that is, if a government continues to live on borrowed money — repaying the debt and associated annual interest payments tends to become a critical concern. Retiring old debt eventually requires governments to tax its citizens, which, again, drags down economic activity.

It is for this reason that the Fiscal Responsibility and Budget Management Act of 2003 requires the Union government to contain its fiscal deficit to just 3% of the nominal GDP. However, barring 2007-08, India has never met this target. The deficit had worsened in the wake of the Covid pandemic — shot up to 9.2% of GDP — but since then the government has been able to bring it down each year. In the current year, the government had set a target of 5.9% and revised estimates show it is likely to be even lower at 5.8%. Further, the FM has announced similarly ambitious targets for FY25 — at 5.1% of GDP— and FY26 — at 4.5% of GDP.

• How Performance Linked Incentive Schemes performed?

• What is performance incentive scheme?

Other Important Articles Covering the same topic:

????Interim Budget 2024: What Sitharaman said about withdrawing old tax demands, who will benefit

Raising judges’ retirement age on performance not practical: Govt to panel

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Main Examination: General Studies II: Structure, organization and functioning of the Executive and the Judiciary

Key Points to Ponder:

• What’s the ongoing story-Extending the retirement age of Supreme Court and High Court judges based on their performance may not be practical and will “further erode” the powers of Parliament and may also result in “undue favouritism”, the government has told a parliamentary panel.

• ‘Judicial Processes and their Reforms’ by the Standing Committee on Law and Personnel-Know key highlights

• What exactly the Standing Committee on Law and Personnel, in its report on ‘Judicial Processes and their Reforms’ said on the retirement age of Supreme Court and High Court judges?

• How the government has responded?

• At what age Supreme Court and High Court judges retire?

• What is the process of the judicial process?

• What are the judicial reforms in India?

• For Your Information-In August last, the Standing Committee on Law and Personnel, in its report on ‘Judicial Processes and their Reforms’, had recommended a performance appraisal system for extending the tenure of judges of the Supreme Court and high courts beyond the existing retirement age. According to constitutional provisions, at present, while Supreme Court judges retire at the age of 65 years, judges of the 25 high courts demit office at 62.

“… while increasing the age of retirement for judges, the performance of judges may be reassessed based on their health conditions, quality of judgements, number of judgments delivered. “For this, a system of appraisal may be devised and put in place, by the SC collegium, before any judge is recommended for enhancement of their tenure,” the committee headed by BJP’s Sushil Kumar Modi had recommended.

Responding to the recommendation, the government said linking performance evaluation to the issue of increase in retirement age “may not be practical and may not actually bring out the desired results”. “This will result in empowering the SCC (Supreme Court Collegium) for the evaluation of the judges at the time of giving extensions on individual basis and will further erode the powers of Parliament and empower (the) Judiciary through the SCC to take decision on the enhancement of age,” it said.

The Department of Justice in the law ministry also said that this step may also result in “undue favouritism” and make the judges “susceptible to pressures”, thus impinging on their performance as impartial judges. “Besides, this would create avoidable burden on the limited manpower resources in the Judiciary and the Executive, who are involved in the appointment process,” it noted. The government’s response has been noted by the committee in its action taken report on its earlier report on “Judicial Processes and Their Reforms”.

Other Important Articles Covering the same topic:

????Parliament panel says govt has accepted its recommendation that SC should have regional benches

EXPRESS NETWORK

Quota policy should be organic and evolving, says SC; Govt backs SC, ST subclassification

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Key Points to Ponder:

• What’s the ongoing story-Reservation policy should be “organic and evolving, not static”, the Supreme Court observed Wednesday while hearing a reference on whether Scheduled Castes (SCs) and Scheduled Tribes (STs) can be sub-classified for providing affirmative action benefits.

• What is sub Categorisation within castes?

• For Your Information-States have argued that among the Scheduled Castes, there are some that remain grossly underrepresented despite reservation in comparison to other Scheduled Castes. This inequality within the Scheduled Castes is underlined in several reports, and special quotas have been framed to address it.

For example, in Andhra Pradesh, Punjab, Tamil Nadu and Bihar, special quotas were introduced for the most vulnerable Dalits. In 2007, Bihar set up the Mahadalit Commission to identify the castes within SCs that were left behind. In Tamil Nadu, a 3% quota within the SC quota is accorded to the Arundhatiyar caste, after the Justice M S Janarthanam report stated that despite being 16% of the SC population in the state, they held only 0-5% of the jobs.

In 2000, the Andhra Pradesh legislature, based on the findings of Justice Ramachandra Raju, passed a law reorganising 57 SCs into sub-groups and split the 15% SC quota in educational institutions and government jobs in proportion to their population. However, this law was declared unconstitutional in the 2005 Supreme Court ruling that held states did not have the power to tinker with the Presidential list that identifies SCs and STs.

Punjab too has had laws that gave preference to Balmikis and Mazhabi Sikhs within the SC quota; this was challenged and eventually led to the latest ruling.

• What is the Presidential list?

• If all SCs are treated as one group, what are the grounds for sub-categorisation?

• What are the arguments for and against sub-categorisation?

• What is subcategory of Scheduled Caste and Scheduled Tribes (STs)?

• What is E V Chinnaiah vs State of Andhra Pradesh case?

• Why a seven-judge Constitution bench is examining the validity of its 2004 judgment in E V Chinnaiah vs State of Andhra Pradesh?

• How the legal debate over sub-categorisation among SCs has evolved over the years?

• For Your Information-A seven-judge Constitution bench is examining the validity of its 2004 judgment in E V Chinnaiah vs State of Andhra Pradesh, which held that SCs form a homogenous group and there cannot be any sub-division among them. Headed by Chief Justice of India D Y Chandrachud, the Bench comprises Justices B R Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma.

The court’s observation, from Justice B R Gavai, came as Senior Advocate Shekhar Naphde, appearing for Tamil Nadu, sought to highlight what he contended were the errors in the 2004 judgment and said reservation policy must keep pace with “rapidly changing” social dynamics.

“Anyone who reads the daily newspaper would see that there is a sea change. Reservation policy must therefore keep pace with the social dynamics,” said Naphde. Interjecting, Justice Gavai remarked, “It should be organic and evolving, not static.” “Correct. If you keep the reservation policy which was there 50 years back, it will get fossilised. It will lose its connection with the contemporary situation,” Naphde added. Appearing for the Centre, Solicitor general Tushar Mehta underlined that the Government “is committed to the declared policy of reservation for backward classes”. But, he said, “lack of sub-classification perpetuates the zone of inequality within the reserved category and stops the State from framing appropriate policy in this regard”.

The SG also pointed out that “reservation benefits available are” also “limited in nature… and therefore required to be re-distributed rationally”. “In order to achieve the actual objective behind reservations, rationalisation is key (while maintaining the levels and extent of reservations) and proliferation and deepening of the reservation benefits is necessary. The sub-classification of the said benefits is a key measure which goes a long way to achieve the said objective,” Mehta said.

Pointing out that the “concept of “equality” and “equal treatment” under the Constitution had evolved over the years, Mehta said “the legitimate state aim behind reservations is to support the backward classes who have had a history of discrimination for centuries”. And sub-classification, he added, furthers “the actual purpose behind reservations”. “If the aim of the State and the Constitution is to provide parity, equality of opportunity and social and economic mobility of the backward classes/castes in need, enabling of sub-classification would ensure that benefits are extended to persons more in need of the said benefits by carefully apportioning the reserved quota within the reserved class…,” he said. Mehta pointed out that the 2018 SC ruling in Jarnail Singh vs Lacchmi Narain Gupta refers to “the broader object of amelioration of backward classes” and clarifies that this cannot be achieved “if only the creamy layer within that class bag all the coveted jobs in the public sector and perpetuate themselves..”

• What is creamy layer?

• Do You Know-Unlike OBCs, there is no creamy layer for SCs and STs. Backwardness among SCs also draws from the practice of untouchability – sub-categorisation may sharpen differences within and bring in competitive affirmative action. Already, there is demand for OBC status from groups like Marathas, Patels and Jats. That’s why the move is fraught. Of the nearly 17 per cent SC population in Telangana, Madigas account for nearly 50 per cent but they argue that most opportunities are cornered by another influential SC community Mala. So they have launched an agitation asking for a distinct quota for them. There are Mala-like examples in other states, too: the Paswans in Bihar or the Jatavs in UP.

• If the government decides to go ahead with sub-categorisation of SCs then, what steps will be taken?

• The issue of sub-categorisation among SCs has a fraught history-why so?

• A retrospective exploration-In 2004, a Constitution Bench of the Supreme Court struck down an Andhra Pradesh law for sub-categorisation of SCs; in 2020, a five-judge bench of the SC held that the state has the power to do so but requested the Chief Justice to refer the matter to a bench of seven or more judges. That is still pending.

States like Haryana in 1994, Punjab in 2006 and Tamil Nadu in 2008 moved to bring about sub-categorisation within their SCs but all these are on hold pending the SC decision. The latest on this front happened in Karnataka in February this year, when the Bommai government passed a resolution to sub-categorise SC quotas. When contacted, then state Law Minister J C Madhuswamy told The Indian Express: “The matter is pending with the Centre now.”

Way back in 2006-07, the Centre had set up the National Commission to examine the issue of Sub-categorisation of SCs (NCSCSC) in Andhra Pradesh. It recommended sub-categorisation but the National Commission for Scheduled Castes (NCSC) did not agree.

According to an affidavit filed in the SC in March 2000, 14 states had disagreed and seven states had agreed on sub-categorisation in their replies to a query from the Centre.

• The Government has set up the Rohini Commission-What is Rohini Commission for?

• Why the G Rohini commission was set up?

• What is the Commission’s brief?

• What is sub-categorisation of OBCs?

• What is the need for sub-categorisation of OBCs?

• What were the terms of reference of the Rohini Commission?

• How did the work of the Commission proceed?

• Know the background-Under the provisions of Article 340 of the Constitution, the Rohini Commission was established in October 2017. It was granted 12 weeks to present its report, but since then, there have been multiple extensions (13th extension), the most recent is until January 31, 2023 to submit its report.

• When was it meant to submit its report?

• What have its findings been so far?

• What is the extent of OBC recruitment in central jobs?

Other Important Articles Covering the same topic:

????How the legal debate over sub-categorisation among SCs has evolved over the years

Rs 4,797 cr PRITHVI to boost atmosphere, polar and ocean research, says Rijiju

Syllabus:

Preliminary Examination: General Science

Main Examination: General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Key Points to Ponder:

• What’s the ongoing story-The Union Cabinet has approved Rs 4,797 crore research scheme to boost and maintain research momentum in the fields of ocean, atmospheric and polar sciences, Earth Sciences Minister Kiren Rijiju said on Wednesday.

• The PRITHvi VIgyan (PRITHVI)-Know in detail

• For Your Information-The PRITHvi VIgyan (PRITHVI) will be an umbrella scheme spearheaded by the Ministry of Earth Sciences (MoES) to help continue many of the ongoing research projects and efforts in the areas of atmosphere, hydrosphere, cryosphere, geosphere and biosphere till 2026 Rijiju said in a written reply in the Lok Sabha.

With climate change and its adverse impacts affecting globally, be it in the form of extreme weather events like heavy rainfall, floods, rising sea levels, depleting glaciers, cyclones of higher intensities or prolonged dry spells — the need for improving understanding the roles of atmosphere-ocean-poles has become increasingly necessary.

Some of the ongoing research that will now come under PRITHVI include Atmosphere and Climate Research-Modelling Observing Systems and Services (ACROSS), Ocean Services, Modelling Application, Resources and Technology (O-SMART), Polar Science and Cryosphere Research (PACER), Seismology and Geosciences (SAGE) and Research, Education, Training and Outreach (REACHOUT). Importantly, for the first time, PRITHVI will open doors for Indian scientists to join hands with international experts.

• PRITHvi VIgyan (PRITHVI)-Why significant?

Other Important Articles Covering the same topic:

????Cabinet clears PRITHVI initiative for ease of research in earth sciences

SC pulls up NGT for ‘unilateral decisions’, asks it to act with ‘procedural integrity’

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Main Examination: General Studies II: Statutory, regulatory and various quasi-judicial bodies.

Key Points to Ponder:

• What’s the ongoing story- In an unusual order, the Supreme Court has pulled up the National Green Tribunal (NGT) for its “recurrent engagement” in “unilateral decision making” and cautioned that in “its zealous quest for justice, the tribunal must tread carefully to avoid the oversight of propriety”.

• But why Supreme Court has pulled up the National Green Tribunal (NGT)?

• For Your Information-“The National Green Tribunal’s recurrent engagement in unilateral decision making, provisioning ex-post facto review hearings and routinely dismissing it has regrettably become a prevailing norm. In its zealous quest for justice, the tribunal must tread carefully to avoid the oversight of propriety,” the bench said in its January 30 order, uploaded on Wednesday.

It added that the practice of ex-parte orders and the imposition of damages amounting to crores of rupees, have proven to be a counterproductive force in the broader mission of environmental safeguarding. The bench said that significantly, these orders of the NGT have consistently faced stays from the apex court, resulting in the unraveling of the commendable efforts put forth by the members, lawyers, and other stakeholders.

“It is imperative for the tribunal to infuse a renewed sense of procedural integrity, ensuring that its actions resonate with a harmonious balance between justice and due process. Only then can it reclaim its standing as a beacon of environmental protection, where well-intentioned endeavours are not simply washed away,” it said.

The bench noted that these appeals arise out of two orders passed by the NGT on August 31, 2021 and on November 26, 2021. “The main order arises out of an ex parte order in suo motu proceedings holding the appellants to be guilty and directing payment of compensation. The second order is the dismissal of the review petition filed by the appellant No.2 alleging that he had not been given an opportunity before an adverse order was passed against him,” the bench noted in its verdict.

Referring to the orders, the bench said that it is evident from them that the tribunal itself has noted that notices were not issued to the project proponents. “The tribunal, in fact, considers it unnecessary to hear the project proponent to verify the facts in issue. The tribunal thought it appropriate to adopt this method in view of a Joint Inspection Report that had been submitted. The persons who were prejudiced by the order of the tribunal naturally filed review petitions before the tribunal. Appellant No. 2 is one amongst them. The review petition was taken up and dismissed by the tribunal on November 26, 2021,” it said.

The bench said it appears that the appellants did not have a full opportunity to contest the matter and place all their defences before the tribunal. “They filed this appeal and by order dated March 4, 2022, this Court stayed the judgment and order passed by the tribunal. This was inevitable. Two years have passed by and the stay is still operating. We have no other alternative except to set aside the orders dated August 31, 2021 and November 26, 2021 and remand the matter back to the tribunal,” the top court said, as it set aside the orders of the NGT and remanded the matter back to the tribunal.

It directed the green panel to issue notice to all the affected parties, hear them and then pass appropriate orders. The bench, however, said that the tribunal shall hear the case, uninfluenced by the observations and conclusions drawn in the orders dated August 31, 2021 and November 26, 2021. “We make it clear that this order does not deal with the merits of the matter and the actions of those guilty of statutory and environmental violation will have to be subject to strict scrutiny and legal consequences,” it said.

• What is National Green Tribunal (NGT)?

• What is the Structure of NGT?

• What are the Important Landmark Judgements of NGT?

Other Important Articles Covering the same topic:

????National Green Tribunal: A failing institution in need of revival

EXPLAINED

Why Budget plans for deep tech and research funding matter

Syllabus:

Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.

Main Examination: General Studies III: Government Budgeting

Key Points to Ponder:

• What’s the ongoing story– In her Interim Budget speech, Finance Minister Nirmala Sitharaman announced a Rs 1 lakh crore fund to provide long-term, low-cost or zero-interest loans for research and development.

• What is the budget for research and development in India?

• What percentage of GDP is spent on research and development in India?

• Why India spends less on R&D?

• “Finance Minister Nirmala Sitharaman announced the establishment of a financial corpus of Rs 1 lakh crore”-why this is significant?

• “The new fund is in sync with the government efforts to encourage private sector involvement in research activities”-What are the steps taken by Government of India recently to enhance research and development and innovation?

• Why deep tech matters?

• Do You Know-Deep tech refers to advanced and disruptive technologies, many of which are still under development, that have the potential to trigger transformative change, and provide solutions for the future. The term is used to describe cutting-edge research in nanotechnology, biotechnology, material sciences, quantum technologies, semiconductors, artificial intelligence, data sciences, robotics, 3D printing, etc. These technologies are expected to play a key role to address complex global challenges like climate change, hunger, epidemics, energy access, mobility, physical and digital infrastructure, and cyber security.

Advanced capabilities in deep tech are also likely to enhance productivity and drive economic growth and create jobs in coming years, and offer competitive advantage to countries with strong foundations in these areas. With its large base of relatively high-quality science and engineering manpower and a fairly well-established technology culture, India feels it is well placed to be one of the frontrunners in these areas. There is scope to contribute to the development of these technologies, which can ensure early adoption, shares in intellectual property, indigenous know-how, and self-reliance. Major associated benefits in terms of spin-off technologies, trained manpower, entrepreneurship and technology exports can accrue as well.

• “Over the past few years, the government has tried to incentivise research in some of these areas”-Discuss

• What are the issues and challenges of funding?

• Why Rs 1 lakh crore corpus to finance research and development becomes important?

• For Your Information-Over the past few years, the government has tried to incentivise research in some of these areas by setting up a National Mission on Transformative Mobility and Battery Storage and, more recently, a National Quantum Mission. Last year, a policy framework to create an enabling environment for companies working in these technology areas was finalised. The National Deep Tech Startup Policy (NDTSP), piloted by the Department for Promotion of Industry and Internal Trade and the Office of the Principal Scientific Adviser, is currently awaiting government approval.

The policy seeks to address specific challenges faced by technology startups, and to provide them with a platform to compete and collaborate with the best in the world. The idea is to create a deep tech startup ecosystem by offering the right incentives to companies that invest time and money in innovation and research. More than 10,000 startups working in these technology domains were identified as part of the effort.

The NDTSP talks about some of the things that need to be done in this regard: create opportunities for long-term funding; a simplified but stronger intellectual property rights regime; tax incentives; a conducive regulatory framework; development of standards and certifications; nurturing of talent; and linkages between industry, research centres, and educational institutions. One of the key policy recommendations in the NDTSP is to open up opportunities for long-term funding of research projects. It acknowledges that most deep tech projects are time- and money-intensive, with relatively high funding requirements.

Lack of adequate research funding has been a major complaint of the scientific community. India’s expenditure on research is far below the global average, and significantly lower than the scientifically advanced countries with which India competes. For more than two decades now, the Indian government’s stated objective has been to allocate at least 2% of GDP for research and development. Absolute spending has increased, but expenditure on research as a share of GDP has come down in the last few years. India currently spends just about 0.65% of its national GDP on research and development activities. The global average is about 1.8%.

Going by recent decisions, the thinking in the government seems to be that R&D spends cannot rise substantially without partnering with the private sector. Efforts are being made to create better synergies between industry, research labs, and educational institutions in order to broad-base both research activity and the funds to support it. The National Research Foundation (NRF), which became operational on Tuesday, seeks to do this — about 70% of the Rs 50,000 allocation for NRF over the next five years is supposed to come from private industry.

It is here that the Rs 1 lakh crore corpus to finance research and development becomes important. Startups and other private sector ventures who can obtain seed money for their projects are expected to be the main beneficiaries. The idea is to start the flow of money in the research ecosystem — and the hope is that as projects take off, industry would be encouraged to invest its own money, and the pool would grow, benefiting everyone in the research community.

But many in the scientific community remain sceptical. Expectations of the infusion of private sector money into research have been belied earlier. Finance has been both unpredictable and inadequate. Scientists say too much is expected from the private sector without commensurate increase in funding by the government. Even where funds are available, delays and interruptions in disbursal often affects projects. Complex bureaucratic requirements contribute to delays.

Other Important Articles Covering the same topic:

????`1 lakh crore corpus for innovation by pvt sector

Picking Election Commissioners

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-Election Commissioner Anup Chandra Pandey is set to retire on February 14, and his successor will be picked through a consultative process being adopted for the first time.

• Do You Know-The selection will be made by a committee comprising Prime Minister Narendra Modi, Lok Sabha Leader of Opposition Adhir Ranjan Chowdhury, and a Union minister. A similar committee, comprising the PM, Chowdhury, and Home Minister Amit Shah, met on Wednesday to appoint the Lokpal and the Central Vigilance Commissioner. Before this, members of the Election Commission were appointed solely at the discretion of the government. The two other members of the Commission are Chief Election Commissioner Rajiv Kumar and Arun Goel.

• What prompted the change?

• How were Election Commissioners appointed then?

• What was the Centre’s stand in the SC?

• What was the Supreme Court’s ruling?

• Was this the first time a consultative process was considered?

• What happened after the SC judgment?

• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023-Know key provisions of the bill

• Who appoints Chief Election Commissioner of India?

• And how Chief Election Commissioner of India and other Election Commissioners are appointed?

• Election Commission of India and Article 324 of the Constitution-Know in detail

• Do You Know- As of now, the CEC and ECs are appointed by the government as per Article 324(2) of the Constitution which states: “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President”.

• The independent and impartial functioning of the Election Commission-How it is ensured?

• Election Commission of India- Powers and Functions

• Chief Election Commissioner and the two other Election Commissioners have equal powers-True or False?

• In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Supreme Court of India-Right or Wrong?

• Wait, before answering the above question, In March 2023, the Supreme Court stepped in to check what it called the “pernicious effects of the exclusive power being vested with the Executive to make appointment to the Election Commission” and ordered something-can you recall that?

• Quick Recall-In March 2023, the Supreme Court stepped in to check what it called the “pernicious effects of the exclusive power being vested with the Executive to make appointment to the Election Commission” and ordered that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha and Chief Justice of India. Ruling on petitions seeking an independent mechanism to appoint the CEC and ECs, a five-judge Constitution Bench presided by Justice K M Joseph said where no Leader of Opposition is available, the committee will include the leader of the largest Opposition party in Lok Sabha in terms of numerical strength.

• So what will change if the proposed bill is passed?

• What experts and scholars are saying about the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023?

• “Over the past few years, the EC’s credibility is increasingly being called into question, with allegations of bias in the scheduling of elections and arbitrary deletion of names of registered voters, ignoring blatant violations of the model code”-Comment

• Do You Know-Parliament has the power to nullify the effect of a Court ruling by addressing the concerns flagged in the judgement. The law cannot simply be contradictory to the ruling. In this case, the arrangement prescribed by the Supreme Court was specifically because the Court noted that there was a “legislative vacuum.” Filling that vacuum is well within the purview of the Parliament. However, the idea of an independent body that conducts elections permeates through the judgement. The Court repeatedly stated that to be the objective of the framers of the Constitution. The composition of the Selection Committee in the Bill raises questions on whether the process is now independent or still rigged in favour of the Executive. With the PM and a Cabinet Minster nominated by the PM in the three-member panel, the LoP is outvoted even before the process begins.

• “One extremely important provision of the Bill is that it seeks to protect the two Election Commissioners from removal, bringing them on par with the CEC”-How was the things before?

• What are the criticisms with the recent proposed Bill?

Other Important Articles Covering the same topic:

????The EC’s guardrails

????The CEC-ECs Bill, and how it overturns the effect of an SC order

????THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SERVICE AND TERM OF OFFICE) BILL, 2023

Previous year UPSC Prelims Question Covering similar theme:

????With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC GS1, 2019) (a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. (c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature. ????Consider the following statements (UPSC GS1, 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 Previous year UPSC Mains Question Covering similar theme: ????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? (UPSC GS2, 2018)

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