Category: Polity

The 17th Pravasi Bhartiya Divas (PBD) will be held in Indore, Madhya Pradesh, by the government. The purpose of the day is to recognize the contributions of India’s diaspora. “Diaspora: Reliable Partners for India’s Progress in Amrit Kaal” is the theme for this year’s event.

Diwas Pravasi Bhartiya

Pravasi Bhartiya Divas (Non-Resident Indian Day) is a commemorative day observed by the Republic of India on 9 January (beginning in 2003) to recognize the contribution of the overseas Indian community to India’s development. The day commemorates Mahatma Gandhi’s return from South Africa to Mumbai on January 9, 1915.

Who are Overseas Indian Citizens (OCI)?

• OCI do not have citizenship: Overseas Citizenship of India is a type of permanent residency that allows people of Indian origin and their spouses to live and work in India indefinitely. OCI status, despite its name, is not citizenship and does not confer the right to vote in Indian elections or hold public office.
• It is revocable: The Indian government has the authority to revoke OCI status in a variety of circumstances. By 2020, there will be 6 million OCI card holders among the Indian diaspora.

What are the concerns of OCI/NRI individuals?

• Dual citizenship scheme: The OCI scheme was originally conceived in 2003 by the then-NDA government led by Prime Minister Atal Bihari Vajpayee as a dual-citizenship project.
• All rights of an Indian citizen: OCIs would have the same rights as regular citizens, with the exception of the right to hold public office and vote.
• Citizenship to OCI from the following countries: The Citizenship (Amendment) Bill, 2003 was introduced in Parliament by the Vajpayee government. The statement accompanying the Bill, which was passed by Parliament in December of that year, stated unequivocally that it was intended to grant dual citizenship to persons of Indian origin from specific countries.
• The current administration OCI status is being downgraded: Nearly two decades later, the Union Home Ministry is downgrading the OCI scheme from dual citizenship to essentially a residency permit scheme. The ministry’s statements in circulars and courts declaring that OCIs are not Indian citizens and that they would not enjoy any fundamental rights under the Indian Constitution have been particularly disheartening.

What are the ambiguities surrounding the loss of OCI status?

• Confusion over rights: There is significant legal ambiguity regarding the status of OCIs. Can they engage in certain professions, such as journalism, without prior permission from the government? Do contributions to charities/schools made by OCIs residing in India violate Indian laws?
• Donation issue: During the pandemic, resident OCIs had to ensure that their donations went only to NGOs with FCRA clearance. As a result, many local-level initiatives were unable to receive financial support.
• Confusion over status: OCIs are frequently confronted with remarks, including in court, that we are foreigners in India. Unlike in many other countries, the Indian Constitution lacks comprehensive citizenship provisions.

Making the Case for OCI Citizenship

• Vasudaiva kutumbakam philosophy: The Government of India announced that India’s G20 presidency will be based on the principles of “Vasudaiva kutumbakam,” which holds that the entire world is one family.
• Push for Diaspora Mobility: Hopefully, such political homilies are reflected in how the government considers the concept of citizenship in relation to the increasingly mobile Indian diaspora.
• Injustice to people born in India: Clearly, an important question is whether it is appropriate to revoke the citizenship of people born in the country and who have continued to engage with it simply because they have obtained foreign citizenship. Even though most countries had similar laws when India enacted the Citizenship Act in 1955, no other progressive democracy does that today.
• To achieve the goal of making India a developed country by 2047, Prime Minister Narendra Modi recently advised the Chief Secretaries of states and Union Territories to prioritize the quality of service over outdated laws and rules. Realizing the essence of the Citizenship (Amendment) Act 2003 is in keeping with the Prime Minister’s directive.

@the end

OCI makes significant contributions to India both at home and abroad. However, granting citizenship to Indians living abroad will result in structural asymmetry in the economic, social, and political lives of ordinary Indians. It will unleash a flood of demand for dual citizenship from other segments of the diaspora.

Source: https://www.mha.gov.in/sites/default/files/OCIFAQs_23072021.pdf

Much has been said about why we have such a bafflingly large number of cases pending or unresolved in the court system. Cases pending in courts have caused anguish for litigants, lawyers, and judges alike. In its 230th report in 2018, the Law Commission of India stated that the government is the most litigious party in the system.

Number of Judges serving the population as a ratio

• For every million people in India, there are 21 judges: As the government recently informed the Rajya Sabha, India has a terribly low number of judges serving a very large population. To be more specific, India has about 21 judges for every million people.
• In comparison, China has about 159 judges for every million people.

What is the government concerned about?

• Pendency has an impact on governance and undermines law and order: It is a source of concern for the government because a difficult dispute resolution system has a negative impact on governance and weakens law and order in any country.
• The government is the most active litigant: For a long time, our government has been consumed by the burdens of the justice system, and it is acutely aware of its own role in contributing to the number of cases that enter the courts and remain unresolved.

The government’s efforts to reduce litigation

• The government is well aware: The government is well aware of its role in contributing to litigation simply by being the most litigious party in court.
• Plan of action in response to a large number of government lawsuits: On June 13, 2017, the Government of India’s Department of Justice issued an Action Plan to Reduce Government Litigation. The action plan was developed in response to the fact that the government is involved in 46% of all pending cases in the court system.
• Legal Information Management Briefing System (LIMBS): They began the aptly named LIMBS project in 2015, with the goal of connecting 55 ministries and their departments for litigation management. Aptly named, because it seeks to connect our state’s various limbs of governance. According to LIMBS, there are 6,20,000 cases involving the government pending before the court system as of January 3.
• 2010 National Litigation Policy (NLP): The status report to the NLP, 2010, was prepared because it recognizes that the government and its various agencies are the primary litigants in the country’s courts and tribunals. As a result, it sought to transform the government into an efficient and accountable litigant.

Is the government the one who initiates all of its litigation?

• To be fair to the government, it does not initiate all of its litigation.
• For example, the government is the driving force behind inter-departmental litigation (litigation between government wings) and routine service appeals.
• Citizens, on the other hand, invoke writ jurisdiction of the courts and file criminal appeals. These are also cases involving the government that are being heard at various high courts and the Supreme Court.
• So, while the government has some control over some of the litigation in which it is involved, it is not the catalyst in certain types of cases in which it is involved.

Way forward

• Insights provided by the Vidhi Centre: The Vidhi Centre for Legal Policy in its report on Government Litigation published in 2018, provides great insights into where the government can and cannot control the litigation it is a party to.
• Where the government has control over litigation: For example, the government’s 2010 National Litigation Policy (NLP) acknowledges that service matters should not normally be appealed and that only cases involving constitutional interpretation should be pursued all the way to the Supreme Court. The government should carry out the reform proposed by its own policymakers.
• Reasons for reducing litigation: There are numerous compelling reasons to reduce government-involved litigation. One of the primary reasons is to reduce the burden on the courts. As Vidhi (2018) points out, the costs of pursuing litigation deplete public funds. In addition, a court battle between an individual and the state is a battle of unequals.

@the end

To address the overburdened court system, the largest litigant must use the system more efficiently and cautiously. This would be a fantastic first step toward addressing the issue of pendency. Appointing more judges would also be a significant step toward facilitating more dispute resolution.

Source: https://timesofindia.indiatimes.com/india/the-most-frivolous-litigant-of-all-government/articleshow/93731134.cms

The blue economy is concerned with the promotion, exploitation, and regeneration of the marine environment. It is used to describe a long-term approach to coastal resources. The concern is that human activities are endangering the oceans, especially when economic gains come at the expense of maintaining environmental sanity.

From the beginning: The Blue economy

• The Blue Economy concept was popularised by Gunter Pauli’s book “The Blue Economy: 10 Years, 100 Innovations, 100 Million Jobs” (2010).
• A project to find the most environmentally friendly and sustainable technologies: Blue Economy began as a project to identify 100 of the best nature-inspired technologies that could have a global impact on economies. While providing basic human needs such as potable water, food, employment, and habitable shelter in a sustainable manner.
• Approach and goal that is inclusive: The integration of Ocean Economy development with the principles of social inclusion, environmental sustainability, and innovative, dynamic business models is envisioned.
• Eco-friendly maritime infrastructure: It is the development of environmentally friendly ocean infrastructure because larger cargo consignments can be moved directly from the mothership to the hinterland via inland waterways, eliminating the need for trucks or railways.

The Importance of Maritime Transportation

• One of the most significant employers in ocean-related activities: Maritime transport, in the form of containerships, tankers, and ports, plays a significant role in the globalized market; coastal tourism is the largest employer in ocean-related activities.
• Eighty percent of all trade takes place on the high seas: Eighty percent of global trade takes place on the high seas, forty percent of the world’s population lives near the coast, and more than three billion people rely on the oceans for a living.
• The annual value is equivalent to the seventh largest GDP: A healthy marine environment is critical for people and the planet’s long-term survival. Its worth is estimated to be more than $25 trillion, with an annual value of produced goods and services of $2.5 trillion, equivalent to the world’s seventh-largest economy in terms of GDP.
• Ensures food security: The oceans, seas, and coastal areas contribute to human food security and economic viability. The ocean is the next big economic frontier, with numerous ocean-based industries rapidly expanding.

Concerns

• Induced by humans Oceanic pollution: Marine activities have resulted in pollution, ocean warming, eutrophication, acidification, and fishery collapse, all of which have negative effects on marine ecosystems.
• Oceans are rarely used as a financial institution: The ocean is uncharted territory that financial institutions rarely comprehend. As a result, these institutions are nearly unprepared to provide affordable long-term financing on a large scale.
• Developing countries pay a high price: Developing countries bear the brunt of the economic costs associated with achieving blue economy goals.
• Lack of capacity is a major impediment: many developing countries have high levels of external debt. A critical impediment is also a lack of capacity and technology for transitioning from the agri-economy to the marine economy.
• A major concern is the lack of elaborative guiding principles: There is concern that without specific principles or guidance, national blue economies, or sustainable ocean economies, will pursue economic growth with little regard for environmental sustainability and social equity.

What approach should be taken to achieve the Blue Economy?

• It is essential to have an inclusive discussion and participation: Because the blue economy is based on multiple fields of ocean science, it requires cross-sectoral experts and stakeholders. For an inclusive discussion, it is critical to involve civil society, fishing communities, indigenous people, and communities.
• The journey of SDG-14 cannot jeopardize the other SDGs: When promoting a blue economy, the UN emphasizes the importance of equity. Land and resources frequently belong to communities, and the interests of coastal communities are frequently marginalized, as sectors such as coastal tourism are encouraged to boost the economy.
• It is necessary to conduct integrated marine spatial planning with national and global expertise: National and global expertise should be used to develop the blue economy. Any blue economy transformation must include the use of integrated marine spatial planning. This would allow for the collaborative participation of all ocean stakeholders, as well as debate, discussion, and conflict resolution among the stakeholders.

What is India’s current position?

• Natural geography: A nearly 7,500-kilometer-long coastline with no immediate coastal neighbors except for some stretches around the southern tip. In some ways, India benefits from its natural geography.
• G20 presidency opportunity: It is an opportunity for India to use its G20 presidency to promote environmental sustainability while also ensuring social equity.
• Rising role and significance: India’s involvement in the blue economy is growing, with active participation in international and regional dialogues, as well as maritime/marine cooperation.

@the end

To achieve the Blue Economy goal, the enormous human effort would be required, as well as global cooperation through various legal and institutional frameworks. This includes the need to develop newer sectors such as renewable ocean energy, blue carbon sequestration, marine biotechnology, and extractive activities while keeping environmental impacts in mind.

Source: https://www.thehindubusinessline.com/opinion/developing-the-blue-economy-requires-collaborative-effort/article66331130.ece

• The Supreme Court ruled that there is no reason to impose “additional restrictions” on Ministers’ free speech and that the government is not vicariously liable for disparaging remarks made by them, even if the remarks are related to state affairs or intended to protect the government.
• Many politicians make unjustified statements and then apologize.
• The PM or CM has no disciplinary authority over the members of the Council of Ministers.
• In a country like ours, where there is a multi-party system and coalition governments are frequently formed, the whip cannot always control the behavior of the politicians.
• A derogatory speech that resembles hate speech cannot be protected under the free speech right.

Do ministers and lawmakers have complete freedom of expression?

• Ministers and lawmakers have the same right to free speech and expression as other citizens under Article 19(1) of the Constitution, and no additional restrictions can be imposed to limit their freedom of expression.
• Restrictions: A five-judge Constitution bench ruled that restrictions on free speech cannot go beyond what is prescribed in Article 19(2) of the Constitution, which imposes reasonable restrictions on all citizens.

What is the case?

• The case began in July 2016, when the Supreme Court took cognizance of a contentious statement made by a former UP minister.
• He had allegedly termed a gang rape case as part of a “political conspiracy”. While he received an unconditional apology, the Court agreed to look into the larger issue.
• In October 2017, a three-judge bench referred the case to the constitution bench for a decision on various issues.

Key issues examined

• The top priority was to determine whether ministers, public functionaries, and lawmakers can claim freedom of speech while expressing opinions on sensitive issues.
• Another critical issue was whether a statement made by a minister in relation to any State affairs or for the protection of government could be attributed vicariously to the government itself.

Article 19

Article 19(1) (a) guarantees all citizens the right to free speech and expression. It is the first condition of liberty and has a significant impact on public opinion.

Restriction: According to Article 19(2), restrictions on freedom of speech and expression may be imposed in the interests of:

• Sovereignty and integrity of India,
• Security of the state,
• Friendly relations with foreign states,
• Public order, decency or morality, or
• In relation to contempt of court,
• Defamation, or
• Incitement to an offense

What does the decision say about restrictions on free speech?

• Citizens could petition the Court for violations of Articles 19 (free expression) and 21 (human rights) (right to life).
• A statement made by the Minister that is contrary to citizens’ rights may not be actionable on its own.
• This concept of collective responsibility cannot be extended to every statement made orally by a Minister outside the House of the People/Legislative Assembly.

Way ahead

• Legal framework: Before taking action as a constitutional tort, a proper legal framework was required.
• Political will: Parliament could pass legislation or enact a code prohibiting citizens in general, and public servants in particular, from making disparaging or vitriolic remarks about their fellow citizens.
• Political parties, too, should develop a code of conduct to regulate and control the actions and speech of their functionaries and members.

Source: https://indianexpress.com/article/india/no-additional-restrictions-against-free-speech-rules-supreme-court-8357967/

A high-powered committee to ensure land protection and employment for the people of Ladakh does not address the demand for the inclusion of the state in the Constitution’s Sixth Schedule.

What is the Sixth Schedule?

• Article 244 of the Sixth Schedule provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
• Within a state, ADCs have some legislative, judicial, and administrative autonomy.
• The Sixth Schedule applies to the northeastern states of Assam, Meghalaya, Mizoram (each with three Councils), and Tripura (one Council).

ADCs’ Composition

• ADCs can have up to 30 members and serve for a five-year term.
• It has the authority to enact laws, rules, and regulations concerning land, forest, water, agriculture, village councils, health, sanitation, village, and town-level policing, inheritance, marriage and divorce, social customs, and mining, among other things.
• The Bodoland Territorial Council in Assam is an exception, with over 40 members and the authority to pass legislation on 39 issues.

Why does Ladakh wish to be included in the Sixth Schedule?

• According to the 2011 Census, the tribal population in the UT of Ladakh accounts for 79.61% of the total population.
• Local aspirations: There was a lot of excitement, especially in Leh, following the repeal of Article 370, which created two new UTs.
• Neglect in the former J&K state: The Buddhist-dominated Leh district had long sought UT status because it felt neglected by the former state government.
• Denial of Legislature: Excitement waned when it became clear that, while the UT of J&K would have a legislature, the UT of Ladakh would not.
• Inadequate representation: With only one MP, the region’s administration is now entirely in the hands of bureaucrats.
• New domicile criteria: The region is concerned about its own land, employment, demography, and cultural identity as a result of the changed domicile policy in Jammu and Kashmir.
• Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has called for Ladakh to be granted full statehood.

Ladakh’s cultural significance

• Ladakh has long been regarded as a cosmopolitan region with centuries of diverse cultural settings.
• It was an Asian turning point, where people crossed cultural boundaries and engaged with ideas.

Can Ladakh be added to the Sixth Schedule?

• The National Commission for Scheduled Tribes (NCST) recommended in September 2019 that Ladakh be added to the Sixth Schedule.
• Differentiated culture: It was primarily tribal (more than 97%), people from other parts of the country were barred from purchasing or acquiring land there, and its distinct cultural heritage needed to be preserved.

Legal hurdles

• Fifth Schedule as an alternative: According to the Constitution, the Sixth Schedule is for the Northeast. The Fifth Schedule covers tribal areas in the rest of the country.
• NE has an exclusive provision: Notably, the Sixth Schedule does not include any regions other than the Northeast.
• Constitutional Amendment Required: It is still the government’s prerogative. A constitutional amendment is required for this.

Source: https://www.thehindu.com/news/national/other-states/members-of-high-powered-committee-on-ladakh-say-mha-order-is-vague-avoids-mention-of-sixth-schedule/article66334068.ece

The Election Commission of India announced the development of a prototype for a Multi-Constituency Remote Electronic Voting Machine (EVM) that would allow migrant voters to vote remotely.

Electronic Ballot Box (EVM)

• In India, electronic voting is the standard method of conducting elections with Electronic Voting Machines (EVMs).
• The system was developed and tested in the 1990s by the state-owned Electronics Corporation of India and Bharat Electronics.
• They were gradually introduced in Indian elections between 1998 and 2001.

Remote EVMs?

• Remote Electronic Voting Machines (RVM) allow multiple constituencies to be served from a single remote polling booth.
• The plan is to use voter portability as a pilot project in the 2023 Assembly elections in nine states.
• This means that if the pilot is successful, voter portability will be fully implemented in the 2024 general elections.

Need for RVMs

• Ensuring Participatory Elections: One of the major issues that must be addressed in order to improve voter turnout and ensure participatory elections is the inability to vote due to internal migration.
• Migration-based disenfranchisement: There were a variety of reasons why a voter did not choose to register in a new place of residence, thereby forfeiting the right to vote.
• Increasing voter turnout: The voter turnout in the 2019 General Elections was 67.4%, and the ECI is concerned about the issue of over 30 crore electors failing to exercise their franchise, as well as disparities in voter turnout across states/UTs.

Importance of the move

• A panacea for migration-induced deprivation: Out-migration due to the need for work, marriage, and education is the most common reason for rural people to leave their homes.
• Increasing voter turnout: Internal migration accounts for approximately 85% of all migration within the United States.
• Multiple booth targeting: A single remote polling booth can handle up to 72 different constituencies with this modified form of EVM.

Challenges for RVMs

Many political parties have already raised concerns about the inherent issues, such as-

• The Definition of Domestic Migrants
• Model Code of Conduct Implementation
• Keeping voting secret
• The ability of polling agents to identify voters
• Remote voting procedure and method, as well as vote counting

Technical issues

• Amendments to legacy laws: The Representation of the People’s Acts of 1950 and 1951, The Conduct of Election Rules of 1961, and The Registration of Electors Rules of 1960 are among the laws and rules that would need to be amended to implement remote voting.
• In the context of the legal constructs of “ordinary residence” and “temporary absence,” the definition of migrant voter would also need to be reworked in terms of retaining registration at the original place.
• The territorial constituency concept of remote voting, as well as defining remoteness as an outside constituency, outside the district, or outside the state, will need to be addressed.
• Enumerating remote voters-self declaration, ensuring secrecy of voting at remote locations, providing polling agents at remote voting booths, and ensuring voter identification to avoid impersonation are all administrative challenges.
• Problems with acceptance: Acceptance of EVMs has been a point of contention. This has somewhat subsided since the introduction of the paper-audit trial by voters (VVPAT).

Way ahead

• If implemented, the initiative has the potential to lead to a social transformation for migrants and reconnect them with their roots, as many are hesitant to enroll at their place of employment.
• Frequently changing residences and a lack of social and emotional connection to migration issues will no longer be obstacles.

Source: https://www.indiatoday.in/india/story/what-is-remote-electronic-voting-machine-and-how-will-it-help-2315402-2022-12-30

The Allahabad High Court’s Lucknow bench quashed the state government’s draught notification on urban local body elections and ordered that the elections be held without reservation for OBCs.

Precursor to the news

• The Uttar Pradesh government had issued a draught notification for Other Backward Classes (OBC) reservations in urban local body elections.
• Why did the HC overturn the draught?
• The decision follows PILs filed against the state’s OBC reservation draught.
• It was alleged that it was prepared without adhering to the Supreme Court’s “triple test” formula.
• The Court ruled that OBC reservation in local body elections cannot be provided until the “triple test” conditions are met.

The Triple Test formula

• In the K. Krishnamurthy (Dr.) v. Union of India (2010) decision, a five-judge Constitution Bench stated that barriers to political participation are not the same as barriers to education and employment.
• The Supreme Court established a three-tiered test, also known as the triple test, when deciding on the legality of OBC reservations in Maharashtra local body elections in March 2021.

This is something that State governments have to follow to provide reservations-

• Step 1: States must establish a dedicated commission to investigate local government backwardness.
• Step 2: Using the commission’s data, they must determine the size of the quota for communities.
• Step 3: When combined with the quotas for Scheduled Castes and Scheduled Tribes, these reservations cannot exceed 50% of the total seats in the local body.

What did the court notice this time?

• Reservation for OBCs in local body elections without an empirical basis is no longer legal.
• The recent order in RR Wagh v. State of Maharashtra & others requires that the principles established by the Supreme Court for providing reservation to OBCs in local bodies be strictly followed throughout the country.

Major takeaways of K. Krishnamurthy Case

• In this case, the Supreme Court interpreted Articles 243D(6) and 243T(6), which allow for the reservation of backward classes in local bodies through legislative enactment.
• It was held that barriers to political participation are not the same as barriers to education and employment.
• However, as mandated by the aforementioned conditions, a reservation may be desirable for creating a level playing field.
• The preceding articles provide a separate constitutional basis for reservation, as opposed to what is envisioned in Articles 15 (4) and 16 (4), which form the basis for reservation in education and employment.

Acceptance of the Krishnamurthy Decision

• The Indian political class is typically indifferent to the law declared by the courts to be contrary to the enacted law.
• The 2010 decision was not implemented, and the constitutionality of the enacted reservation was questioned.
• This resulted in the 2021 decision of a three-judge Supreme Court Bench.

What about the remaining states?

• Courts in Odisha and Madhya Pradesh also set aside OBC reservations in local bodies in 2021 on similar grounds.
• Earlier this year, the Karnataka and Patna high courts reserved seats for OBCs in municipal elections in Bengaluru and Bihar.
• However, in May of this year, the Supreme Court allowed local body elections with OBC reservation in Madhya Pradesh after it demonstrated compliance with the triple test formula.

Source: https://indianexpress.com/article/cities/lucknow/allahabad-hc-up-urban-local-body-polls-obc-reservations-8346187/

The Election Commission plans to start delineating Assembly and parliamentary constituencies in Assam using 2001 census data.

Why are we debating this?

The last delimitation of constituencies in Assam was done in 1976 by the then-Delimitation Commission using census figures from 1971.

What exactly is Delimitation?

• Delimitation is the act of redrawing the boundaries of an Assembly or Lok Sabha seat to reflect population changes over time.
• This exercise is carried out by a Delimitation Commission, whose orders have legal force and cannot be challenged in court.

Why is it required?

• The goal is to redraw boundaries (based on the most recent Census data) so that the population of all seats is as uniform as possible throughout the state.
• Aside from changing the boundaries of a constituency, the process may alter the number of seats in a state.

How is delimitation accomplished?

• An independent Delimitation Commission is in charge of delimitation (DC).
• After each Census, Parliament passes a Delimitation Act under Article 82.
• When the Act takes effect, the Union government appoints a DC comprised of a retired Supreme Court judge, the Chief Election Commissioner, and the respective State Election Commissioners.

Terms of reference for DC

• The Commission is supposed to determine the number and boundaries of constituencies in such a way that, to the greatest extent possible, the population of all seats is the same.
• The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes in areas with a sizable population.
• All of this is done on the basis of the most recent Census, and if members of the Commission disagree, the majority’s opinion takes precedence.

Implementation

• The DC’s draught proposals are published in the Gazette of India, the official gazettes of the states involved, and at least two vernacular papers for public comment.
• The Commission also holds open sessions.
• Following public hearings, it considers objections and suggestions received in writing or orally during public sittings, and makes any necessary changes to the draught proposal.
• The final order is published in the Indian Gazette and the State Gazette and takes effect on the date specified by the President.

How frequently has delimitation been performed in the past?

• The President conducted the first delimitation exercise in 1950-51. (with the help of the Election Commission).
• At the time, the Constitution was silent on who should be in charge of dividing states into Lok Sabha seats.
• This delimitation was only temporary because the Constitution required redrawing of boundaries following each Census. As a result, another delimitation was required following the 1951 Census.
• The EC advised the government that all future exercises should be carried out by an independent commission, citing the fact that the first delimitation had left many political parties and individuals dissatisfied.
• This proposal was accepted, and the DC Act was passed in 1952.
• Under the Acts of 1952, 1962, 1972, and 2002, DCs were established four times: in 1952, 1963, 1973, and 2002.

Why postponed till 2026?

• Following the 1981 and 1991 Censuses, there was no delimitation.
• Although the freeze on the number of Lok Sabha and Assemblies seats was supposed to be lifted after the 2001 Census, another amendment delayed this until 2026.
• This was justified on the grounds that the country would achieve a uniform population growth rate by 2026.
• As a result, the most recent delimitation exercise, which began in July 2002 and ended on May 31, 2008, was based on the 2001 Census and only readjusted the boundaries of existing Lok Sabha and Assembly seats as well as reworked the number of reserved seats.

Source: https://indianexpress.com/article/political-pulse/ec-delimitation-assembly-parliamentary-constituencies-assam-8347050/

Six days ahead of schedule, both houses of Parliament have adjourned sine die.

Parliamentary Session and Related Terms

• During a session, both Houses meet almost daily, barring holidays, to conduct business, whether it is to discuss public issues, frame laws, amend laws, place Standing Committee reports, or pass financial bills, among other things.
• The Houses meet three times a year: during the Budget Session (February to May), the Monsoon Session (July to September), and the Winter Session (November to December).

Session termination

• During a session of Parliament, there are usually two sittings: one in the morning from 11 a.m. to 1 p.m., and one after lunch from 2 p.m. to 6 p.m.
• The Parliament’s sittings in both Houses can only be ended by adjournment, adjournment sine die, prorogation, or dissolution (not applicable to Rajya Sabha).
• A session of Parliament technically refers to the time between the first sitting of a House and its prorogation or dissolution.
• A recess is a time between the prorogation of a House and its reassembly in a new session.

(1) Adjournment sine die

• Adjournment sine die refers to the termination of a Parliamentary sitting for an indefinite period of time; that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
• The presiding officer of the House has the authority to adjourn the House sine die.
• The presiding officer of a House, on the other hand, has the authority to call a sitting of the House before the date or time to which it has been adjourned, or at any time after the House has been adjourned sine die.

(2) Adjournment

• An adjournment suspends work in a sitting for a set period of time, which can be hours, days, or weeks.
• The time of reassembly is specified in this case because an adjournment only ends a sitting and not a session of the House.
• The presiding officer of the House has the authority to adjourn the House.

(3) Prorogation

• Prorogation refers to the termination of a House session by an order issued by the President under Article 85(2)(a) of the Constitution.
• The prorogation ends both the sitting and session of the House and is usually done within a few days of the presiding officer adjourning the House sine die.
• The President issues a prorogation notice for the session. However, the president has the authority to prorogue the House while it is in session.
• It should be noted that all pending notices, with the exception of those for introducing bills, expire.

(4) Dissolution

When a dissolution occurs, the existing House is dissolved, and a new House is formed following the General Elections. However, only the Lok Sabha is subject to dissolution, as the Rajya Sabha, as a permanent House, is not. The Lok Sabha may be dissolved in one of two ways:

• On the expiration of its tenure: five years or the terms as extended during a national emergency.
• Order of the President: If the President is authorized by the Council of Ministers, he or she may dissolve Lok Sabha before the end of the term. The president may also dissolve the Lok Sabha if the Council of Ministers loses confidence and no party is able to form a government. If the Lok Sabha is dissolved before the end of its normal term, the dissolution is irreversible.

Impact on legislation process

• When the Lok Sabha is dissolved, all bills, motions, resolutions, notices, and petitions pending before it or its committees expire.
• Summoning is the process of summoning all members of Parliament to a meeting.

Bill lapse in Indian Parliament

Depending on the status of the pending legislation and where it originated, the Bill may lapse upon dissolution of the Assembly.

Bills originated in Lok Sabha.

• Any Bill that was introduced in the Lok Sabha but could not be passed dies.
• A Bill introduced and passed by the Lok Sabha but still pending in the Rajya Sabha expires.

Bills originated in Rajya Sabha

• The Constitution also empowers Rajya Sabha MPs to introduce Bills.
• As a result, a Bill that originated in Rajya Sabha and was passed by it but is currently pending in Lok Sabha also expires.
• A Bill introduced in the Rajya Sabha, returned to that House by the Lok Sabha with amendments, and still pending in the Rajya Sabha on the date of the Lok Sabha’s dissolution expires.

When a Bill does not lapse

• Bills that have not yet become law do not all expire at the end of the Lok Sabha’s term.
• A Bill that is pending in the Rajya Sabha but has not been passed by the Lok Sabha does not expire.
• A Bill passed by both Houses but awaiting the President’s assent does not expire.
• A Bill passed by both Houses but returned by the President of India to the Parliament for reconsideration does not expire.
• Some pending Bills, as well as all pending assurances to be examined by the Committee on Government Assurances, do not expire with the dissolution of the Lok Sabha.

Source: https://www.thehindu.com/news/cities/Hyderabad/assembly-adjourned-sine/article36907065.ece