20 September 2023 CNA
Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Simultaneous polls: do States have a say? C. GS 3 Related D. GS 4 Related E. Editorials POLITY 1. The Cauvery Water Management Authority should act SOCIAL JUSTICE 1. Facilitating degrees within a degree F. Prelims Facts G. Tidbits 1. Three Hoysala temples declared World Heritage Sites 2. Govt. introduces women’s quota Bill in Lok Sabha; PM calls for a consensus 3. Centre floats new science awards H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
Nothing here for today!!!
B. GS 2 Related
1. Simultaneous polls: do States have a say?
Syllabus: GS-2, Indian Constitution, Issues & Challenges Pertaining to the Federal Structure, and Electoral processes in India.
Mains: Simultaneous elections- Issues related to the federal structure, electoral reforms, and the functioning of democracy.
Context
The Indian government has set up a committee to explore the feasibility of simultaneous elections for state assemblies and the Lok Sabha. This raises questions about constitutional amendments and state ratification.
Introduction
- A committee led by former Indian President Ram Nath Kovind was established by the Union government on 2nd September 2023.
- The committee’s purpose is to investigate the feasibility of conducting simultaneous elections for State Assemblies and the Lok Sabha (the lower house of India’s Parliament).
- The Law Ministry outlined seven terms of reference for the committee, including the need for constitutional amendments and potential ratification by states.
Constitutional Amendment Procedures
- Article 368 governs the process of amending the Indian Constitution, with three different procedures.
- Some amendments can be passed with a simple majority in each House of Parliament, similar to ordinary legislation.
- Other amendments require a “special majority,” which means two-thirds of members present and voting in each House of Parliament, along with a majority of the total membership.
- A third category of amendments necessitates a “special majority” and ratification by at least one-half of the State legislatures.
Amendments Requiring Ratification by States
- Amendments requiring ratification pertain to the federal structure of the Constitution and are referred to as “entrenched provisions.”
- These include changes related to the President’s election (Articles 54 and 55), executive powers (Articles 73 and 162), the judiciary, legislative powers (Articles 124–147 and 214–231), distribution of powers (Articles 245 to 255), representation of States in Parliament (Article 82), and Article 368 itself.
Debates on Entrenched Provisions
- Dr. B.R. Ambedkar advocated for ratification by states to preserve the federal structure of the Constitution.
- He argued that allowing amendments through a simple majority would undermine the separation of powers among the three branches of the government.
Can a Constitutional Amendment Be Struck Down Without Ratification?
- The Kihoto Hollohan vs. Zachillhu case established that amendments requiring ratification must be ratified by states to be valid.
- In another case, the Supreme Court struck down provisions of the Constitution (97th Amendment) Act, 2011, as it lacked ratification for dealing with an exclusive State subject.
Can a State Rescind Its Ratification?
- The Constitution does not specify whether a state can rescind its ratification.
- Such a situation is unlikely due to the prevailing practice of ratifying amendments by at least half of all states.
- Rescinding ratification could create confusion and rigidify the amendment process.
What the Law Commission Recommends
- In 2018, the Law Commission of India proposed that simultaneous elections require constitutional amendments and ratification by at least 50% of the states.
- Experts argue that implementing these amendments as recommended by the Law Commission may infringe upon the federal structure of the Constitution.
- Achieving simultaneous elections would require dissolving all State Assemblies, which could pose challenges to the federal structure, especially in states ruled by the opposition.
Nut Graf: India is debating the possibility of simultaneous elections, leading to questions about constitutional amendments, state ratification, and the impact on the federal structure of the country’s governance.
C. GS 3 Related
Nothing here for today!!!
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. The Cauvery Water Management Authority should act
Syllabus: GS-2, Statutory, Regulatory and various Quasi-judicial Bodies.
Prelims: Cauvery Water Regulation Committee, Cauvery Water Management Authority, Cauvery’s Catchment Area, Inter-State River Water Disputes
Mains: Impact of Inter-State River Water Disputes on Federalism, Water Governance, Role of Cauvery Water Management Authority
Context:
- The Cauvery River’s catchment areas are experiencing drought-like conditions due to the weak southwest monsoon, highlighting the need for a distress-sharing formula for the water resources.
- This is also part of an ongoing dispute between Karnataka and Tamil Nadu over the sharing of the Cauvery River water.
What is the recent dispute?
- The Cauvery Water Regulation Committee (CWRC) has ordered Karnataka to continue releasing 5,000 cusecs of water to Tamil Nadu for another 15 days.
- The Karnataka Government stated that the state had released less water than usual in June, July, and August due to deficient rainfall, with a 41% deficit in the Cauvery river basin.
- Tamil Nadu approached the Supreme Court, demanding its fair share of water as specified in the 2018 order.
- The Karnataka Government is developing a “distress formula” to calculate the amount of water to be released to Tamil Nadu during years of deficient rainfall.
- Legal experts believe that the distress formula should be flexible and serve as a guide for accounting for rainfall deficiencies.
Origins of Distress-Sharing Formula
- The idea of a distress-sharing formula has been discussed since the Cauvery Water Disputes Tribunal issued an interim order in 1991.
- The final order of the Cauvery Water Disputes Tribunal in 2007 and the Supreme Court’s judgment in 2018 did not provide a clear framework for distress sharing.
- The judicial bodies suggested proportionate sharing in times of distress, but the states have different opinions on what factors should be included in the formula.
- There is currently no agreement among the parties or the Authority regarding the specific elements of the proposed formula.
- Tamil Nadu considers current deficits in inflows to four Karnataka reservoirs compared to average flows over the past 30 years, as well as rainfall patterns in different parts of the Cauvery catchment area.
- Karnataka maintains that the overall distress situation cannot be calculated until the end of January and wants to take into account the outcome of the northeast monsoon (October-December) along with the southwest monsoon (June-September).
- The Cauvery Water Management Authority (CWMA) recently submitted proposals to the Supreme Court, emphasizing the importance of finding a mutually agreeable solution.
What is the scale of water distress in the region?
- Karnataka has recorded a shortfall of 51.22% in inflows for four reservoirs between June 1 and August 27.
- For example, the shortfall in the Biligundlu region was 62.4% compared to stipulated flows in a normal year.
- Karnataka, as an upper riparian state, is concerned about meeting its irrigation and drinking water needs for the next 8 months
- Karnataka informed the court of its difficulties in releasing water due to the severe drought situation in the Cauvery and Krishna basins.
Role of CWMA?
- The Centre established the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulation Committee (CWRC) in 2018.
- CWMA is a permanent body and will regulate and control Cauvery water releases with the assistance of the Cauvery Water Regulation Committee.
- CWRC acts as a technical arm and will ensure the implementation of the Supreme Court Judgment of 2018 by periodically collecting data regarding levels, inflows, storages, and release of water.
- CWMA has not made significant progress in resolving the distress-sharing formula issue since its establishment in 2018.
- Political factors have played a role in preventing the resolution of the Cauvery dispute.
Way Forward?
- The positions taken by Karnataka and Tamil Nadu may seem irreconcilable, but the CWMA or the Union government should still attempt to find a solution.
- Regardless of the outcome, states should pursue the idea of judicious use of water.
- Officials and technical experts within the CWMA should come up with a distress-sharing formula in a fair and objective way.
- The CWMA should start afresh and work towards making the proceedings of all meetings held thus far accessible to the public through a website to dispel misconceptions and build trust between the two states.
- Additionally, there is a need for transparent decision-making and a data-driven approach to find a solution that works for both parties.
Nut Graf: The Cauvery River’s catchment areas are experiencing drought-like conditions, highlighting the need for a distress-sharing formula for water resources. The Cauvery Water Management Authority should work towards a mutually beneficial formula while ensuring transparency in decision-making.
1. Facilitating degrees within a degree
Syllabus: GS-2, Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.
Prelims: National Higher Education Qualification Framework, University Grants Commission, Bologna Process and Dublin Descriptors
Mains: Initiatives related Higher Education in India, Challenges in implementing National Higher Education Qualification Framework
Context:
The National Higher Education Qualification Framework (NHEQF) proposed by the University Grants Commission (UGC) has several limitations and challenges that need to be addressed.
Challenges:
- Lack of a common framework: The University Grants Commission (UGC) has established the National Higher Education Qualification Framework (NHEQF) and the National Credit Framework, and requires higher educational institutions to implement the Academic Bank of Credits for accepting and transferring credits across courses and institutions, in addition to other regulations that impact higher education qualifications. These could have been integrated into a single and common NHEQF to minimize ambiguities in understanding qualifications across different contexts.
- Lack of clarity: The NHEQF lacks clarity regarding the entry points and pathways for students to move between different levels of higher education programs.
- Inadequate representation: The NHEQF does not include higher education qualifications awarded by certain disciplines such as agriculture, law, medicine, and pharmacy, which are regulated by separate bodies.
- Over-emphasis on Bologna Process: The NHEQF draws heavily from the Bologna Process and the Dublin Descriptors, which were designed primarily for the European Higher Education Area. This may not be suitable for the diverse and complex higher education system in India.
- Elitism: The provision for ‘degrees within a degree’ may lead to an elitist system where only those with high GPAs are eligible for PhD programs, thereby excluding others who may have equal potential but less privileged backgrounds.
- Difficulty in implementation: Implementing the NHEQF may pose practical difficulties, such as equating postgraduate diplomas with four-year undergraduate programs, and determining the level of undergraduate degrees pursued after another undergraduate degree such as a B.Ed.
- Ambiguity around learning outcomes: The NHEQF borrows from the Dublin Descriptors without considering the variations in learning outcomes for an Indian context. Learning outcomes can differ significantly across different fields of study and may not be measurable using the same criteria across all disciplines.
- Ignore socio-economic factors: The NHEQF overlooks the impact of socio-economic factors on learning and access to higher education, which may further marginalize already disadvantaged groups.
- Does not address regional disparities: The NHEQF does not take into account the vast differences in the quality of higher education across regions in India, which may widen the gap between urban and rural areas and perpetuate existing inequalities.
Conclusion
The University Grants Commission must address the confusion from multiple guidelines, frameworks, and regulators related to higher education to ensure that qualifications are clear, consistent, and ease access to higher education in India.
Nut Graf: The proposed National Higher Education Qualification Framework (NHEQF) has several limitations and challenges, including lack of clarity and coherence, inadequate representation of all disciplines and ignorance of socio-economic factors. The University Grants Commission must address these challenges to ensure that the NHEQF is effective and inclusive.
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. Three Hoysala temples declared World Heritage Sites
UNESCO Recognition
- UNESCO has conferred World Heritage status upon the Hoysala temples located in Belur, Halebid, and Somanathapur, Karnataka.
- This prestigious recognition is poised to drive an increase in global tourism to these culturally significant destinations.
Read more about UNESCO World Heritage sites in India in the linked article.
Long-standing Nomination
- Both the Chennakeshava temple in Belur and the Hoysaleshwara temple in Halebid, situated in the Hassan district were part of UNESCO’s tentative list since 2014.
- The inclusion of the Keshava temple in Somanathapur, located in the Mysuru district, into the tentative list was followed by the official nomination of all three by the Indian government in February 2022.
Architectural Significance
- The Archaeological Survey of India (ASI) highlights that these temples represent a convergence of creative genius, architectural eclecticism, and symbolism.
- They are considered outstanding sacred architecture, making them an honour for India and the world heritage community.
Protection and Nomination
- All three temples are under the protection of the ASI.
- The nomination was presented as ‘The Sacred Ensembles of Hoysalas.’
Distinctive Hoysala Style
- Hoysala temples are known for their distinctive ornate style, featuring a stellate plan built on raised platforms.
- They are constructed using chlorite schist, also known as soapstone, which is easily carved.
- Horizontal friezes and sculptures often signed by artists are unique in Indian art history.
- The doorways showcase intricate carvings, highlighting the artistic excellence of the period.
2. Govt. introduces women’s quota Bill in Lok Sabha; PM calls for a consensus
Historic Move
- Central government introduced the Women’s Reservation Bill in the Lok Sabha during the Special Session at the new Parliament House.
- The Bill aims to reserve one-third of seats in the Lower House and Assemblies for women.
Implementation Post 2026 Delimitation
- The Constitution (One Hundred and Twenty-Eighth) Amendment Bill, 2023, will be implemented after the 2026 delimitation exercise, using data from the upcoming Census.
- Reservation in the Lok Sabha will become effective only in the 2029 Lok Sabha elections, not in 2024.
PM’s Appeal for Consensus
- Prime Minister Narendra Modi urged both Houses to pass the Bill through consensus.
- Union Law Minister Arjun Meghwal, who introduced the Bill, stated that the number of women members in the Lok Sabha would increase from 82 to 181 with the law’s enactment.
Current Representation Gap
- Women MPs constitute only 15% of the Lok Sabha’s strength and around 10% in many State Assemblies.
- The Bill reserves one-third of seats for women from Scheduled Castes and Scheduled Tribes but lacks separate reservations for women from Other Backward Classes.
15-Year Law with Seat Rotation
- The proposed law will be in force for 15 years.
- Reserved seats will be rotated after each delimitation exercise.
Historical Attempts
- The Prime Minister noted previous unsuccessful attempts in the last 27 years to pass the Women’s Reservation Bill.
- He emphasised the significance of September 19 and pledged commitment to making the Bill into law.
3. Centre floats new science awards
- The Union government is introducing the Rashtriya Vigyan Puraskar (RVP) to honour scientists, technologists, and innovators.
- Similar to the Padma awards, these prizes will not include cash rewards but will offer a certificate and medallion.
- The RVP will consist of three Vigyan Ratna, 25 Vigyan Shri, 25 Vigyan YuvaShanti Swarup Bhatnagar, and three Vigyan Team awards.
- These awards will cover various fields, including physics, chemistry, biology, mathematics, computer science, and more.
- The proposal emphasises adequate representation of women and diverse domains.
- This initiative marks a significant reduction from the nearly 300 science prizes previously awarded by Union Ministries.
- The RVP will also be open to persons of Indian origin (PIOs) with specific eligibility criteria.
- The awards aim to recognize lifetime contributions, distinguished contributions, exceptional contributions by young scientists, and outstanding team efforts.
- While there are no age limits for most prizes, the SSB award has a maximum age requirement of 45.
- The awards will be announced on National Technology Day (May 11) and presented on National Space Day (August 23) starting in 2024.
- A committee of experts will oversee the awards process, and the CSIR will administer it initially, transitioning to the National Research Foundation.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements, with reference to the Hoysala temples in Karnataka:
- The Hoysala temples were declared UNESCO World Heritage Sites in 2023.
- These temples are primarily constructed using granite.
- Unique features of these temples include horizontal friezes, artist-signed sculptures, and intricate doorway carvings.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: b
Explanation: The Hoysala temples are primarily built using chlorite schist (soapstone), not granite. They feature horizontal friezes, artist-signed sculptures, and intricate doorway carvings.
Q2. With reference to the Rashtriya Vigyan Puraskar, which of the following statements is/are incorrect?
- These awards include a cash component along with a certificate and medallion.
- The prizes will be awarded annually in 13 categories, including physics, chemistry, and earth science.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: a
Explanation: The Rashtriya Vigyan Puraskar does not include a cash component; it includes a certificate and medallion.
Q3. With reference to the process of constitutional amendments, which of the following statements is/are correct?
- Article 169 (abolition or creation of Legislative Councils in States) can be amended with a simple majority in each House of Parliament.
- In Article 368, the process of amending the Constitution requires a ‘special majority’ in Parliament.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation: Both the statements are correct.
Q4. Consider the following statements regarding the Nari Shakti Vandan Adhiniyam:
- It reserves one-third of Lok Sabha and Assembly seats for women.
- Within the women’s quota, seats are reserved for Other Backward Classes (OBC), SC and ST women.
- The law will be in force for 15 years, with seat rotation after delimitation.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: a
Explanation: The law reserves seats for SC and ST women only.
Q5. With reference to the Cauvery Water Management Authority (CWMA), which of the following statements is/are incorrect?
- It was established by the Union Government under the authority granted by the Inter-State River Water Disputes Act, 1956.
- The minister responsible for water resources is the ex-officio chairman of CWMA.
Select the correct answer using the code given below:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: b
Explanation: Statement 2 is incorrect; the Chairman is appointed by the Central Government.
I. UPSC Mains Practice Questions
- “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (250 words, 15 marks) [GS: II- Polity and Social Justice]
- What are the various ways in which the Indian Constitution can be amended? Give examples of each manner. (250 words, 15 marks) [GS: II- Polity]
Read previous CNA articles here.
Comments