05 Jan 2023: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY

1. Why has a high-power Ladakh committee been formed?

Syllabus: Constitution of India and issues and challenges pertaining to the federal structure

Prelims: Sixth Schedule of the Constitution

Context

The Ministry of Home Affairs has set up a high-powered committee for the Union Territory of Ladakh.

Details

• The Committee chaired by the Minister of State will discuss various actions required to safeguard the region’s unique culture and language considering the geographical location and strategic importance of the region.
• Further, the Committee is also accorded the task of recommending measures to ensure the protection of land as well as creating employment for the people of Ladakh.
• The Committee will help strategise inclusive development and address the issues such as the empowerment of the Ladakh Autonomous Hill District Councils of Leh and Kargil.

The need for the constitution of a Committee

• Various civil society groups in Ladakh have been demanding the formulation of measures to safeguard the land, resources and employment ever since the Parliament removed the special status granted to the erstwhile State of Jammu and Kashmir under Article 370 of the Constitution in August 2019. 
• There have been increasing concerns that big businesses and conglomerates might take away the jobs and land from the local people.
• The civil society groups in Ladakh have demanded the inclusion of the region in the Sixth Schedule of the Constitution.
• In 2020, the “Peoples Movement for Constitutional safeguard under the sixth schedule” which is also called the “Apex Body, Leh” was formed. 
  • The body announced the boycott of the upcoming district autonomous council elections if the demands were not met. 
• The Apex Body and the Kargil Democratic Alliance (KDA) have come together to jointly fight for constitutional safeguards for the region and since August 2022, the two organisations have renewed their demand to seek full statehood for Ladakh.

Sixth Schedule of the Constitution The Sixth Schedule of the Constitution aims to safeguard the land, employment, and cultural identity of the local population.  The Sixth Schedule under Article 244 of the Constitution safeguards the autonomy of local and tribal communities through the creation of Autonomous Development Councils (ADCs) which can formulate laws on land, public health and agriculture. At present, ten ADCs exist in the states of Assam, Meghalaya, Tripura and Mizoram. Read more about – Sixth Schedule of the Constitution

Government’s stand

• The Ministry of Home Affairs has reiterated its stand on giving special status to Ladakh by saying that the main objective for the inclusion of a region under the Sixth Schedule is to ensure their overall socio-economic development, which the UT administration has already been doing ever since its creation.
• Further, the Ministry has granted adequate funds to Ladakh to achieve its overall developmental requirements.
• The MHA through a report has also added that the administration of the UT has increased the reservation for the Scheduled Tribes (ST) in recruitment to 45% from 10% and this would help the tribal population in their development.

Nut graf: After the continuous demand of the local civic groups, the Government has set up a high-powered committee for Ladakh. However, the members of the new committee feel that there is a lack of clarity in the Ministry’s order as it does not mention anything about the key demand for inclusion under the Sixth Schedule of the Constitution.

E. Editorials

Category: POLITY

1. Local self-governance

Syllabus: Devolution of Powers & Finances to Local Levels & Challenges Therein

Mains: Revival of the idea of local self-governance

Context: This article discusses the various aspects of local self-governance.

Introduction: 

• The 73rd and 74th constitutional amendments, which established panchayats and municipalities, respectively, were passed by the Parliament in December 1992.
• These amendments mandated that State governments constitute panchayats (at the village, block and district levels) and municipalities (in the form of municipal corporations, municipal councils and nagar panchayats) in every region. 
• They sought to institute a third tier of governance in the federal framework through the devolution of functions, funds, and functionaries to local governments.
• But despite these reforms, municipal governments are often seen to be ineffective in addressing even the most basic needs of citizens, such as reliable water supply and walkable footpaths. 

The normative basis of local self-governance:

• Local self-governance is associated with the concept of subsidiarity and is typically grounded on two broad arguments. 
  • First, it provides for the efficient provision of public goods since governments with smaller jurisdictions can provide services as per the preferences of their residents. 
  • Second, it promotes deeper democracy since governments that are closer to the people allow citizens to engage with public affairs more easily.
• Strengthening local democracy and delegating tasks to achieve the goals of economic development and social fairness are the basic values that the amendments seek to ingrain.
  • Above amendments demand that States grant municipalities and panchayats the authority they need “to enable them to function as institutions of self-government,” including the ability to create and carry out plans and programmes for economic growth and social justice.
  • They also mandate the regular conduct of local elections, provide for the reservation of seats for Scheduled Castes, Schedules Tribes and women in local councils, and institute participative forums like gram sabhas in panchayats and ward committees in municipal corporations. 

Limitations of these amendments:

• Local governments, especially municipalities, operate with limited autonomy and authority mainly due to the inherent limitations of the 74th amendment such as discretion given to the States regarding the devolution of powers and levying of local taxes.
• Failure of State governments and courts to implement and interpret the amendment in letter and spirit also limits the authority of local governments. 
  • Since cities are economic powerhouses and controlling urban land is crucial for funding State governments and political parties, state governments are reluctant to apply the 74th amendment.
  • A narrow interpretation of the 74th amendment by the courts has allowed State governments to retain their control over cities. 

Revisiting the 74th Constitutional Amendment for Better Governance:

• The Patna High Court’s recent order declaring some provisions of the Bihar Municipal (Amendment) Act, 2021 as unconstitutional is path-breaking since it tested State municipal laws against the letter and spirit of the 74th Amendment and can potentially reset the position of local governments in India’s federal framework. 
  • The court also pointed out that though the state legislature has the power to legislate on matters concerning municipal bodies, however, its involvement in the functioning of local bodies has to be minimal.
  • By virtue of the amendments made to the Bihar Municipal Act, 2007, inter alia, all the powers of appointment, selection, posting, and transfer of employees of Grade-C & D were taken over by the State Government. 
• Local governments must be empowered with an inviolable and clearly defined legislative and executive jurisdiction, effective control of the local bureaucracy and adequate and non-discretionary fiscal devolution, and direct empowerment of stakeholders over local institutions and public services to correct the distortions and imbalances in our plural democracy. 

Nut Graf: As India is undergoing a centralising shift in its politics, economy, and culture, there’s also been a renewed assertion of federalism. Debates on federalism should include larger discussions on how power should be divided and shared between governments at the Union, State, and local levels since local governments are, normatively and structurally, an integral part of the federal framework of the Constitution.

2. Acid attack victims failed by lack of a cohesive law, legal process

• According to National Crime Records Bureau (NCRB) data, the number of instances of acid attacks has increased from 83 in 2011, to 176 in 2021 (249 instances were reported in 2019). 
• States like West Bengal and Uttar Pradesh have recorded the highest numbers of acid attacks, constituting about 50% of all cases reported in the country year on year. 
• Human rights activists believe that the lack of cohesive legislation in regulating the sale of acids and ensuring punishment are the key reasons for such a high number of instances.
  • In 2021, 153 men were charge-sheeted while only seven were convicted.
• Experts quote the example of Bangladesh where the acid attacks were reduced after the government introduced the Bangladesh Acid Control Act, 2002 and Acid Crime Prevention Acts, 2002.
  • In India, the National Commission for Women had formulated a draft Prevention of Offences (by Acid) Bill in 2008, but it has still not seen the light of day.
• However, post the Nirbhaya gang rape case and the Justice Verma Commission report in 2013, the government amended the Indian Penal Code (IPC) and recognised acid attacks as a separate offence with a minimum punishment of 10 years and a maximum of life imprisonment.
• Also, the sale and procurement of acid in India were sought to be regulated under the Poison Act, 1919.
• According to a Supreme Court advocate, a standalone law can help acid attack victims secure justice and ensure that acids and chemicals are not easily available.

3. Train ticketing platform RailYatri hit by data breach

• Train ticketing platform RailYatri has confirmed that it suffered a data breach on December 28th, 2022.
• According to officials, RailYatri-registered information such as age, email and phone numbers are expected to be viewed by unauthorised individuals and no sensitive information was compromised.
  • About 30 million user records were estimated to be sold on the dark web as a result of the breach.
• The firm is working with the Indian Computer Emergency Response Team (CERT-in) to investigate the breach and audit its security systems. 
• In this context, it is important to note that the Digital Personal Data Protection Bill, 2022 provides for penalties in the event of a data breach but the law is yet to be passed.

Read the previous CNA here.