News & Editorial Analysis 12 January 2023
The Hindu News Analysis
1 – Sovereignty of Parliament:
GS II Topic Parliament related issues
Context:
Vice-President Jagdeep Dhankar observed on January 11 that the public posturing or “one-upmanship” that is frequently witnessed in this topic is not “wholesome” and that neither the Executive nor the Judiciary should be permitted to weaken or compromise Parliamentary sovereignty.
Any “fundamental structure” in a democratic society must be “based” on the idea that the will of the people is supreme. Mr. Dhankar stated that the legislature’s supremacy and sovereignty were undeniable in his speech to the 83rd All India Presiding Officers Conference in Jaipur.
About:
Parliamentary sovereignty is the term for the legislative body’s (the parliament’s) control over the executive and judicial branches of the government. The sovereign legislature is free to change or repeal any earlier legislation and is not bound by any written law, such as the constitution. India has constitutional sovereignty in place of legislative sovereignty.
There are various ways to hold the government accountable:
Written Constitution: All governmental entities are subject to limitations outlined in India’s written constitution. The written text of the constitution cannot be replaced even though parliament may amend it. Since the UK doesn’t have a written constitution, the Parliament has legislative power. Any law it has passed cannot, therefore, be refuted in court on these grounds.
Independent judicial review and the judiciary: The independent judiciary is responsible for defending the Constitution. The legislature has the power to declare a piece of legislation or an ordinance to be invalid if it infringes on one or more constitutional provisions.
Despite the constitution’s references to it as a union of states, India is a federal polity. A number of federal statutes limit the powers of the parliament, including some special powers for schedule areas where many legislative measures can only be applied with the president and governor’s consent.
The “basic parts of the constitution” cannot be modified, however the majority of the constitution can be revised by parliament. Some amendments also call for a special majority and a state legislature resolution.
Between the centre and the state, Schedule 7 divides the legislative authority. Parliament is unable to enact laws on a state list. A majority of the state must vote in favour of any state-related law for it to be approved.
limits on the presidential veto A bill needs the president’s approval in order to become law. The president has several veto options at his disposal, including the pocket veto, to curtail the power of the parliament.
Application of the “Separation of Powers” Theory in Limited Situations: In India, the notion of the separation of powers is not properly followed. As a result, the judiciary can prevent the legislature from interfering with the work of the other branches of government.
Articles 121 and 211 of the Indian Constitution prohibit discussion of the conduct of judges in state legislatures and parliaments. Discussions on the behaviour of Supreme Court or High Court judges while doing their duties fall under this category. As a result, the legislative branch lacks the power to address judge behaviour.
Thus, by balancing the powers of the parliament, the sovereign Constitution has the necessary checks and balances to uphold democracy. The aim to achieve harmony between the judicial, executive, and legislative branches is effective.
2 – UPI Payments:
GS III Topic Indian Economy
Context:
The Union Cabinet has approved investing $2,600 billion to promote payments made using RuPay cards and the Unified Payments Interface, according to Union Minister Bhupendra Yadav (UPI). Banks will receive this incentive money to promote the adoption of such digital payments, the Cabinet announced in a news release.
About UPI:
The Unified Payments Interface (UPI)-PayNow linkage, a significant milestone in the development of infrastructure for cross-border payments between India and Singapore, is closely aligned with the G20’s financial inclusion priorities of promoting quicker, less expensive, and more transparent cross-border payments.
India is a G20 participant.
The partnership builds on earlier efforts by NPCI International Private Ltd (NIPL) and Network for Electronic Transfers (NETS, Singapore) to promote cross-border interoperability of payments made with cards and QR codes. It will strengthen trade, travel, and remittance flows between India and Singapore.
The NPCI subsidiary NIPL promotes domestic payment systems like UPI and RuPay abroad and collaborates with other countries to create payment systems.
The initiative is in line with the objective of updating fees and corridors for inbound cross-border remittances set forth in the Payment Systems Vision Document 2019–21.
This will encourage more ordinary investors to access international markets from the perspective of investing. In addition to the processing fees paid by banks under the Liberalized Remittance Scheme, they presently pay up to Rs. 3,000 in interbank costs (LRS).
Residents can send a predetermined amount of money to another country each fiscal year for investments and spending under the Reserve Bank of India’s (RBI) Local Reserve System (LRS).
Apart from UPI, other Indian payment systems include:
Integrated Payments Interface is an upgraded version of the Immediate Payment Service (IMPS), a 24-hour funds transfer service that makes cashless transactions faster, easier, and more seamless.
One smartphone application called UPI combines a variety of financial services, efficient fund routing, and merchant payments (of any participating bank).
The National Payments Corporation of India (NPCI), which has 21 member banks, launched UPI in 2016.
A one-to-one money transfer system that functions on a national level is called National Electronic Funds Transfer (NEFT). If they have an account in the participating country, individuals, organisations, and businesses can electronically transfer money from one bank branch to another.
With NEFT, there is no limit to the amount of money that can be transferred.
The maximum amount per transaction is limited to Rs. 50,000 under the Indo-Nepal Remittance Facility Scheme and for cash-based remittances within India.
The emphasis in the term RuPay Card Scheme is that it is an initiative by India specifically for debit and credit card payments. It’s a combination of the words “Rupee” and “Payment.”
Additionally, the card is accepted for purchases in Singapore, Bhutan, the UAE, Bahrain, and Saudi Arabia.
3 – MGNREGA:
GS II Topic Government Policies and Interventions
Context:
The district administration in Muzaffarpur, Bihar, has stepped in to help workers covered by the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) programme resolve problems they run into when using the National Mobile Monitoring System to track their attendance (NMMS). On January 1, 2023, all MGNREGA worksite locations must begin using digital attendance recording, according to a new decree from the Union Ministry of Rural Development. The order was made on December 23.
About:
In 2005, the Ministry of Rural Development launched MGNREGA, one of the world’s largest labour guarantee programmes.
The basic objective of the programme is to offer every adult resident of a rural home who is willing to engage in unskilled physical labour for the benefit of the public 100 days of guaranteed work per fiscal year.
As of 2022-2023, 15.4 crore people are MGNREGA-eligible workers.
Lawful Ability to Work: This act uses a rights-based framework, in contrast to earlier employment guarantee programmes, to address the underlying causes of chronic poverty.
At least one-third of the recipients must be women.
The Minimum Wages Act of 1948 mandates that salaries be paid in accordance with the state’s statutory minimum wages for agricultural labourers.
Demand-Driven Strategy The MGNREGA’s design’s most important feature is its legally supported demand that any rural adult find employment within 15 days of applying; if this is not the case, a “unemployment allowance” must be supplied.
Worker self-selection is possible under the demand-driven system.
Decentralized preparation There is an emphasis on deepening the decentralisation process by giving Panchayati Raj Institutions (PRIs) a substantial role in organising and carrying out these initiatives.
According to the law, Gram Sabhas must recommend projects to be taken on and must execute at least half of those projects.
What Issues Arise in the Implementation of the Scheme?
Delay and Insufficiency in Funds Disbursement: The MGNREGA mandate that wages be paid within 15 days has not been met by the majority of states. Workers are also not compensated for late wage payments.
The programme has consequently became supply-based, and employees have begun to lose interest in working for it.
There is currently no lack of evidence to support the claim that financial shortfalls are the root cause of wage payment delays, including a statement from the Ministry of Finance.
Caste-based separation: There were observable variations in delays by caste. While just 26% of payments for non-SC/ST employees were completed within the necessary seven days, 46% of payments for SC (Scheduled Caste) employees and 37% of payments for ST (Scheduled Tribes) employees were.
Caste-based segregation had a negative impact that was most noticeable in underdeveloped States like West Bengal, Madhya Pradesh, Jharkhand, and Odisha.
The ineffectiveness of PRI Due to their lack of authority, Gram Panchayats are unable to implement this legislation effectively and efficiently.
many unfinished projects: The completion of the MGNREGA-funded projects has taken longer than anticipated, and project inspections have not always been reliable. The MGNREGA’s asset development and work quality are also problematic.
Fabrication of employment cards: The creation of phoney employment cards, the use of fictitious identities, the absence of entries, and late entries are all issues.
Way Forward:
The method used to distribute and analyse the work, as well as the several government entities, need to work together more effectively.
There are several compensation variances that must also be managed. In this field, women typically earn 22.24% less than men.
Every town needs to start doing public work, and state governments need to make sure this happens. As soon as possible after arriving on the job site, workers should be assigned tasks.
Local authorities must actively interact with migrant workers who have been quarantined or repatriated and help those who need it acquire job cards.
Grame Panchayats must be given enough resources, power, and responsibilities to approve projects, complete work on demand, and permit salary payments in order to avoid payment delays.
It is vital for MGNREGA to converge with other government initiatives. For instance, the Green India Initiative and the Swachh Bharat Abhiyan.
4 – Office of Registrar General:
GS II Topic Statutory and Non-Statutory Posts
Context:
The Office of the Registrar-General of India (RGI), according to The Hindu, classifies any new group as a Scheduled Tribe utilising the criteria set forth by the Lokur Committee over 60 years ago. Before any community may be included to ST lists, the Office of the RGI’s approval is necessary according to the scheduling tribes procedure.
What are the duties of the Indian Registrar-General and Census Commissioner?
The Registrar General and Census Commissioner of India was formed in 1961 by the Ministry of Home Affairs of the Government of India.
arranging, conducting, and analysing data from India’s demographic studies, such as the Linguistic Survey of India and the Indian Census.
The job of Registrar is often held by a governmental official with the rank of Joint Secretary.
What exactly is the Socio-Economic Caste Census (SECC)?
The Socio-Economic Caste Census (SECC), which compiled the first caste statistics since 1931, was the largest caste counting effort.
SECC provides statistics on housing, education, land ownership, individuals with disabilities, occupations, asset ownership, SC/ST families, incomes, and other criteria in order to distinguish between households with various socioeconomic classes.
While the Census provides a picture of the Indian population, the SECC is a tool to identify those receiving state aid.
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The Hindu Editorial Analysis
The Beginning Of India’s Cultural Renaissance
Context:
A new era in which traditional Indian practises are blending with modern ones and being revitalised to achieve both cultural and economic success was heralded by the month-long Kashi Tamil Sangamam, which highlighted Tamil culture. It provided a rich cultural foundation for India’s ambition to become a developed country by 2047. The event carried on our Ek Bharat Shreshtha Bharat custom.
Historical ties:
The two stout foundations of prehistoric Indian civilization are Tamil Nadu, home to the world’s oldest language, and Kashi, one of the oldest continuously inhabited settlements in the world. Both nations have rich and illustrious histories in the fields of music, crafts, philosophy, literature, and the arts.
However, for decades after independence, the majority of people in north India were unaware of the Tamil saints who lived in Kashi and contributed to its spiritual atmosphere, the tradition of sending holy Ganga jal (water) to the Rameshwaram temple, or the Kashi Yatra rite in some Tamil weddings. Similar to Tamil Nadu, a large portion of the population was ignorant of the deep ties that existed between the two cultures.
People from various walks of life in Tamil Nadu attended the ceremony at Kashi. They experienced the traditions and well-known locations of the city, such as the Kashi Vishwanath temple. The new tunnel, which has altered and enhanced the sacred area, was how they entered the temple.
The famous Kashi Vishwanath corridor, which connects the Jyotirling with the Ganga for the benefit of both villagers and visitors, strengthens traditions with a touch of modernity.
Similar to this, the Sangamam created a unique platform to investigate and integrate our ancient knowledge with modern thought, philosophy, technology, and craftsmanship. Additionally, it promotes concepts that will help our artisans, weavers, entrepreneurs, and traders.
For instance, Varanasi is well recognised for Banarasi silk saris, and Kancheepuram is well known for their glimmering silk saris. It will be particularly advantageous for weavers and businesspeople from the two regions to engage and be exposed to modern branding, quality control, marketing, product uniformity, use of modern machinery, and value addition.
The focus on textiles:
The government held a “textiles conference” during the Sangamam. Several well-known individuals from Tamil Nadu and Kashi from all facets of the textile business participated in a conversation on Amrit Kaal Vision 2047 where they shared their experiences and thoughts. They were thrilled and motivated by the government’s plan to boost textile exports to $100 billion by 2030 and provide new prospects for the sector.
The textiles sector, which has a sizable amount of potential for job generation, is crucial to our effort to become a developed country by 2047. The Indian textile market is anticipated to develop at a CAGR of 12–13% from 2017 to 2047, reaching $2 trillion with double-digit export growth.
The last day of Sangamam was December 16. Nearly 2 lakh people came to the campus of the Banaras Hindu University to attend cultural events and a well-attended exhibition exhibiting Tamil products and cuisine. India now has a newfound cultural fervour and has increased its curiosity as a result of the Sangamam. The textile sector is planning a similar event in Tamil Nadu.
New initiatives:
The 5F formula, which stands for “farm, fibre, fabric, fashion, and foreign,” will hasten industrial development and alter how farmers and weavers live. Tamil Nadu and Kashi are key stakeholders in achieving this goal. Additionally, the government is fostering the incredibly potential industry of technical textiles. These products include fabrics that are used for building materials, safety equipment, ballistic coats, and automobiles. Man-made fibre, which has tremendous development and export potential, is another area of attention.
The Sangamam followed all of this administration’s directives. With an emphasis on the welfare of the poorest of the poor, love of Indian culture, and encouragement of local enterprises and handicrafts, accelerating development is given great priority in these programmes.
The One District One Product (ODOP) project, which would offer Indian goods to the global market, is also being strongly promoted by the union government. In addition to saris, wooden toys were the main topic of the textiles colloquium. Traditional wooden toys from Varanasi are increasingly being requested for export and are showcased at international trade events.
Traditional goods will also be greatly benefited by other government initiatives like the Government e-Marketplace and the Open Network for Digital Commerce (ONDC) (GeM).
The ONDC is built on top of an open protocol. It is a non-profit organisation that will offer a network to enable any network-enabled applications to locate and communicate with nearby digital commerce businesses across industries.
The ONDC network is open to any currently accessible digital commerce applications and platforms; it is neither an aggregator application nor a hosting platform.
Conclusion:
The Home Minister has stated that the Sangamam is the beginning of an Indian cultural resurgence that extends beyond the merger of Tamil Nadu and Kashi. It will include every culture in our lovely country.
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The Indian Express Editorial Analysis
Delegated Legislation
Present circumstances:
The Supreme Court had to decide whether Parliament had given the Center undue authority under the law to demonetize cash in order to sustain the Centre’s 2016 decision.
Despite the majority ruling supporting the validity of the delegated statute, the minority judgement declared that excessive delegation of power is arbitrary.
What exactly is delegated law?
Parliament frequently delegated certain responsibilities to governmental organisations because lawmakers were unable to deal with every subject personally.
This delegation of authority is mentioned in statutes, also referred to as delegated legislations.
The delegated legislation would include operational details and give those carrying them out authority.
The regulations and bylaws made under laws are the most well-known type of delegated legislation.
The concept is as follows, according a 1973 Supreme Court ruling:
“The custom of giving the Executive the power to create subsidiary legislation in a specific area has evolved from the practical needs of a modern welfare State.
At the same time, it’s critical to remember that the creators of our Constitution granted the power to enact laws to the representatives of the people, giving them the ability to use that power both directly and indirectly through those representatives.
The restriction on excessive transfers of legislative power is a crucial element of the people’s sovereignty.
In the event of the demonetisation, what kind of authority was transferred?
In essence, Section 26(2) of the Reserve Bank of India Act, 1934 gives the Center the power to declare a certain currency denomination no longer legal tender.
A series of bank notes of any denomination may stop being legal tender with effect from the date specified in the notice, the provision states, “On the recommendation of the Central Board, the Central Government may notify in the Indian Gazette.”
By approving the RBI Act, Parliament effectively granted the federal government the power to alter the definition of what is considered legal tender. Does herself(guycaliupper?) — maşin? “man soll or? tension is|lorrien? Any length of time can guard? (part is + mic) While preparing Sistemulcite for herself
Why was this a problem?
Does Section 26(2) violate the Constitution by giving too much legislative authority to the executive branch if it is ruled that it permits demonetization? The fundamental issue raised by the petitioner was this.
In accordance with the Constitution, the Parliament has the power to pass legislation. Statutory organisations may be given operational authority, but not governing authority. A significant amount of instructions on how to exercise the power must also be included in the delegation.
However, it’s best to avoid giving away too much authority:
In a famous ruling from 1959, Hamdard Dawakhana v. Union of India, the Supreme Court struck down delegation of power on the grounds that it was vague.
The legitimacy of many provisions of the Drug and Magic Remedies (Objectionable Advertisements) Act that dealt with the powers of search, seizure, and entrance as well as the ban on specific drug advertisements for the treatment of specific conditions were questioned by a Constitution Bench.
The Court determined that Section 3(dauthorityprovision )’s allowing the federal government to designate particular illnesses and conditions is “uncontrolled,” “uncanalized,” and exceeds the bounds of a valid delegation. Consequently, it was ruled that the same was unconstitutional.
Throughout the decision, the court applies the “policy and guideline” test to decide if the delegated legislation is constitutional.
According to the Indian Attorney General, the RBI Act itself contains recommendations on the use of delegated powers. He referred to the Act’s Preamble and Section 3 to describe its purpose and the Center’s duty to “manage” monetary policy.
Which decision did the Court reach?
The majority view holds that because the Center is receiving the power delegation and already answers to the Parliament, the power delegation cannot be cancelled.
According to the statement, “If the Executive does not act reasonably while exercising its power of delegated legislation, it is accountable to Parliament who are elected representatives of the citizens for whom there is a democratic method of bringing to book the elected representatives who act unreasonably in such matters.”
The opposing viewpoint, however, did not concur with this viewpoint. Justice BV Nagarathna first ruled that the Center was unable to use its delegated powers because the RBI’s Section 26(2) only gives the Center jurisdiction when the recommendation is “initiated” by the RBI Central Board.
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