Category: Polity

Reservation was instituted as a temporary solution to provide opportunity to socially and educationally underprivileged groups of individuals who were underrepresented in politics, the workforce, and other fields. The goal was admirable. Many people now live in higher standards because to reservations. But various political and sociological pressures led to the extension of what was meant to be a temporary solution.

Reservation

• Based on past injustice: The historical injustice done to Dalits and Shudras is inextricably tied to reservations.
• Reservation as a means of achieving an egalitarian social order, ensuring fair representation in the socio-political system, and mitigating and making up for the inhumane exclusion of people based on ascriptive status all emerged during the anti-caste movement.
• Reservation is used in public employment, education, and politics to ensure that everyone in the hierarchy can participate in nation-building on an equal footing.

Is the reservation system successful in eliminating the cause?

• Can’t say it was successful: Even after seven decades of reservation, we cannot say that the issue that necessitated reserving in the first place has been resolved.
• In an effort to achieve a different result, succeeding governments kept extending: In our personal and professional lives, if a solution to a problem doesn’t produce the anticipated result within an acceptable time period, we rethink the answer and attempt to improve it. But in order to change the outcome, succeeding governments kept expanding the reservation system.
• People who profited from reservations wanted the system to last for future generations as well, making reservations a self-sustaining mechanism. It was obvious that they were using the reservation system as a self-sustaining mechanism.
• People who truly need are deprived: Since reservations are utilised as a means of perpetuation, those who truly required reservations were denied access to their advantages.

Outcomes of reservation system and the rising silent demands

• The family’s occupations at the time of independence and the historical context: The economy was largely rural and reliant on conventional trade at the time of independence. The majority of people lacked skills. They kept working in the occupations that their family had done for many years.
• Caste-based professions were replaced with skill-based ones: People were able to learn new skills thanks to free public education and industrialisation, which enabled them to move to places with better living conditions. The class gap disappeared as cities became more multicultural. Caste-based employment in the industrial sector was mainly replaced by skill-based employment.
• Social and educational illiteracy are closely related to economic weakness: A significant portion of the population now enjoys economic prosperity and has adequate representation thanks to more than 70 years of reservations.
• Befitted ought to clear a path for others and vehemently reject the demands: Instead of supporting expanding the system to include the economically underprivileged (EWS) of society because some of the beneficiaries might come from the so-called “forward” communities, they believe that families who have been lifted out of poverty through adequate employment opportunities and other benefits should make room for those who are less fortunate.
• The caste system is becoming less common in the information age of today: A particular faith and the then-dominant caste system were somewhat incorrectly blamed for social injustice and oppression at that time. The rise of the middle class in this information and technology era has reduced the prevalence of the caste system.
• Economic progress aids in reducing social injustice: The current level of economic prosperity has largely neutralised class inequality, which is the root cause of social injustice.
• The reservation continues to exist: The caste and reservation systems, however, are still in place solely to allow political parties and those who have already benefited from them to continue to take advantage of them.

Conclusion

The Preamble’s statement of “social, economic, and political justice” obligates the government to act in accordance with both the Constitution and moral principles. The 10% quota for the EWS is intended to address a flaw in the system that is depriving qualified and deserving individuals. We must acknowledge that reserving based on economic considerations is necessary right now and a necessary first step in achieving social and economic justice.

Along with massively growing corruption, the dangerous trend of criminalising politics is eroding the foundations of our democratic system of government.

Criminalization of politics

• Criminals become lawmakers: Criminals get involved in politics, run for office, and even win seats in the national and state legislatures. When discussing election changes, the criminalization of politics is the main topic of discussion among the general public.
• Criminal nexus: This occurs when politicians and criminals work together.

Reasons for criminalization of politics

• Political control of state institutions: Political control of state institutions, corruption, vote-bank politics, and, most importantly, legal system flaws are all factors in the growing trend of criminalising politics.
• Inaction on the part of officials: If the bureaucracy is heavily influenced by criminals, we cannot expect it to operate with probity or honesty. When, for example, criminals, gangsters, or mafia dons become the political bosses of bureaucrats and manipulate the system to further their own agendas, good governance is severely undermined.
• Accepting corruption: In such a situation, the bureaucratic system stops opposing corruption and frequently welcomes it in order to carry out the demands of corrupt political bosses and further its own objectives.

Effects of criminalization of politics

• Limited voter options for electing a candidate to the state legislature or parliament impede free and fair elections. It goes against the democratic ideal of free and fair elections, which is its cornerstone.
• Unhealthy democratic practise: The main issue is that lawbreakers now have the power to enact laws, which has an impact on how well the democratic process can produce decent governance. These unwholesome democratic tendencies portray an unfavourable picture of the state institutions of India and the calibre of its elected officials.
• Greater circulation of illicit funds: This also contributes to increased corruption in society and interference with public officials’ work during and after elections.
• Violence culture: It brings about a culture of violence in society, sets a poor example for youth to follow, and erodes public confidence in democracy as a form of government.
• Institutional deterioration: This widespread illness in our political system is taking on malignant proportions. As a result, the fundamental idea of a democratic system is undermined and the three main pillars of our democracy—the legislative, judicial, and executive branches—become gradually weaker.

Steps to be taken

• Rapid legal action: The political system will be rid of both corrupt and criminal elements if the legal system is moved along quickly.
• Political agreement is required: It is past time for all political parties to come together and reach an agreement on how to keep criminals out of the system, especially those who face major charges like kidnapping, rape, murder, severe corruption, and crimes against women.
• Vohra committee’s caution: By warning that “certain political figures become the leaders of these gangs/armed senas and, over the years, get themselves elected to local bodies, state assemblies, and the national Parliament,” the Vohra Committee, which the Center established in 1993, sounded a note of caution. This occurred almost thirty years ago.

Efforts by Supreme court and Executive

• Disclosure of criminal histories: The Court declared in 2002 that every candidate running for office must disclose both his financial and criminal histories in addition to his educational background. It must be acknowledged that the mandated disclosure of assets and pending criminal charges in self-sworn affidavits to the EC before elections has increased transparency to some extent.
• Creation of special courts: In response to these directives, the Union government launched a plan in 2017 to create 12 special courts for a year to expedite the adjudication of criminal cases involving MPs and MLAs. Since then, the apex court has issued numerous directives, including one requesting that the Centre form a monitoring committee to look into the factors contributing to the delay in these cases’ investigations.
• Addressing the backlog of cases: The number of pending cases continues to be a source of great concern; in fact, the Supreme Court was informed in February 2022 that the backlog of criminal cases pending against current and former MLAs and MPs had reached close to 5,000 by the end of December 2021, according to media reports.

@the-end

When it comes to a variety of offences that are serious and horrific in character, there cannot be any mercy shown to corrupt individuals and criminals in public life. Only by accelerating trials and the legal process through a time-limited justice delivery system can we purge our public life of this pervasive sickness.

• Given that India is a country with many languages and ethnicities in a single State, the recent announcement regarding the adoption of Hindi and local languages as a medium of Instruction in Educational Institutions is still up for debate.
• The article discusses the linguistic problems with our federal system.

Need for a single Official language

• To uphold cooperative federalism throughout the nation.
• To facilitate communication between departments.
• To improve ties between the Center and States.
• To uphold law and order.

Key Problem

• The Constitution-makers pondered the issue of how to express national identity in a linguistically diverse community and even connected it to national status. Language is a fundamental component of identity.
• Hindi was suggested as the language of instruction and examination in technical courses in the official language committee’s 11th volume, which sparked a discussion about its implications and viability in terms of the accessibility of course materials and the availability of teachers qualified to convey it effectively.
• The proficiency of candidates taking Hindi language exams and competing on an equal footing with those for whom it is their mother tongue is another concern.

The national language issue

• Linguistic chauvinism is the practise of asserting one language’s dominance over others.
• Overconfidence in one’s native tongue fosters hostility and division.
• Imposing Hindi raises a number of issues, such as what it would mean for job market competition.
• The national language is not mentioned in the chapters on official languages, directive principles of state policy, or fundamental duties.
• The constitutional route would be to utilise Hindi or the language of each Legislature’s choice, as permitted by Article 345, for all official purposes.

Key issues with the recommendations of the 10th report on official language

• It emphasised a few of its recommendations regarding the examination format and language used in technical courses. Concerns exist regarding its application and viability in terms of the accessibility of common books and course materials. Another major problem is the lack of educators who are capable of explaining it clearly.
• The proficiency of candidates taking Hindi language tests and competing on an equal footing with those for whom it is their mother tongue is a related issue.
• There is concern that forcing Hindi on students whose mother tongue is not Hindi would harm them. It has obvious effects on how competitive the labour market is.
• The Official Languages chapter is comprehensive and sticks to the Union’s official tongue. No mention of a national tongue is made. The section on Directive Principles of State Policy or Fundamental Duties makes no mention of it.

For the third time in its history, the Supreme Court recently appointed an all-female bench. The first all-female bench was established by the Supreme Court in 2013, and the second one occurred in 2018.

Women Judges in Supreme Court

• Justice M. Fatima Beevi, who retired from the Kerala High Court as a judge, was appointed as the first female judge of the Supreme Court in 1989.
• Since its founding, India has only had 11 female Supreme Court judges, and there has never been a female Chief Justice of India. 

There are now only three female judges on the top court

• Justices Trivedi, Kohli, and B V Nagarathna.
• In 2027, Justice Nagarathna will become the first female chief justice in the nation.

Status of Women in Indian Judiciary

Data of representation

High Courts

• Women make up 11.5% of the judges on High Courts.
• Only 17 of the 37 women suggested by the Supreme Court Collegium for appointment as high court judges have been chosen so far; the remaining names are still being processed by the federal government.
• Collegium has thus far recommended 192 candidates for the high courts.
• Of these, 37 (or 19% of them) were women. 

Subordinate Courts

• About 30 percent are women judicial officers in the subordinate courts.

Advocates

• Of the 1.7 million advocates, only 15% are women. 

Bar Council

• There is not a single woman on the Bar Council of India; only 2% of elected representatives in the State Bar Councils are female.

Importance of Women’s participation in Judiciary 

Need for diversification

• Institutional changes brought about by diversity are good, and the judiciary needs to be more diverse.

Balanced justice delivery system

• The justice delivery system will be significantly improved by the presence of women judges and attorneys. 

A methodical and sympathetic attitude

• Increasing the number of women in the judiciary could contribute significantly to a more impartial and sympathetic response to matters involving sexual assault.
• Gender sensitization has been a topic of discussion frequently, particularly in cases when male judges failed to demonstrate compassion for the female victims.

Legitimacy

• If the judiciary is seen as a bastion of privilege, elitism, and exclusivity, people won’t trust it.
• Because of this, having women in the judiciary is crucial to its legitimacy.

Suggestions 

More in corporate than in decision making

• Women are outnumbering men in law school classrooms and are increasingly joining the corporate sector, but their underrepresentation in such decision-making institutions is deplorable.

Way Forward

• Maintaining and promoting gender diversity in the higher judicial branch with a set proportion of female judges will help India’s judicial system become gender-neutral.
• By raising awareness and emphasising inclusivity, it is necessary to bring about institutional, social, and behavioural change among India’s population.
• As the guardian of equality and a profession dedicated to upholding rights, the legal profession ought to serve as a model for gender equality.
• Modifying a court’s long-established demographics may encourage the institution to view itself differently and pave the way for future modernization and reform.

Recently, the Ministry of Home Affairs (MHA) proposed a Bill to amend the RBD Act, 1969, which is anticipated to be introduced during the upcoming winter session of the parliament. 

Need

• Centralized Database: The changes recommended aim to consolidate all databases onto a single platform.
• Helpful for creating the NPR and NRC: If the changes are put into effect, the Center could use the information to update the National Population Register (NPR), which was created in 2010 and updated in 2015 via door-to-door enumeration.
• The NPR is the first stage toward the construction of a National Register of Citizens (NRC), and it now contains a database of 119 crore inhabitants. 

Key Provisions of the draft Bill

Birth Certificates

• The Central government is recommending that birth certificates become a requirement for employment with the Central and State governments, inclusion on voter lists, issuance of driving licences and passports, and entrance into educational institutions.

Data storage and linking to electoral rolls

• When someone turns 18 or passes away, the centrally stored data will be updated in real time without the need for a human interface, resulting in addition and deletion from the electoral roll, respectively. 

Death certificates

• • In addition to the relative of the deceased, hospitals and medical facilities must give the local registrar a copy of all death certificates that list the cause of death.

Registration mandatory

• Despite the fact that the RBD Act of 1969 already makes birth and death registration mandatory and that breaking this law is criminal, By making registration necessary to access essential services like school entrance and marriage registration, the government hopes to increase compliance. 

Significant Features of the Registration of Births and Deaths Act, 1969

• Births include both live births and stillbirths, and there is a uniform law requiring the reporting and registration of all births and deaths that take place within the nation [Section 1 (2)].
• Specifies the roles and responsibilities of officials at the federal, state, local, and district levels in implementing the Act’s provisions [Sections 3, 4, 6 and 7].
• The Registrar must record birth and death occurrences at the location of the occurrence and within her or his jurisdiction [Section 7(2)].

Prime Minister Narendra Modi unveiled many e-court project projects on the occasion of Constitution Day at the Supreme Court of India.

The “Virtual Justice Clock,” “JustIS mobile App 2.0,” “Digital court,” and “S3WaaS Websites” are among the items included. The goal of this article is to briefly describe the aforementioned projects.

Virtual Justice Clock

The goal of the initiative is to make the functioning of the courts accountable and transparent by sharing with the public the status of case dispositions by the court. The public can access the Virtual Justice Clock of any court establishment on the District Court’s website.

JustIS Mobile App 2.0

• It is a tool that judicial officers have at their disposal for efficient case and court management by keeping track of the cases that are pending and being dismissed in both his court and the judges who serve under him.
• High Court and Supreme Court Judges can now monitor the status of every State and District under their jurisdiction by using this App, which is also made available to them.

Digital Court

• It is a project to digitise court records and make them available to judges so that Paperless Courts can be implemented.

S3WaaS Websites

• It is a framework for creating, setting up, deploying, and managing websites for disseminating particular data and services pertaining to district judiciary.
• A cloud service called S3WaaS was created for use by government organisations to create websites that are secure, scalable, and sugamya (accessible). It is accessible to all citizens, multilingual, and disability-friendly.

The recent firing incident on the Assam-Meghalaya border has put the focus on the five-decade-old boundary issue between the two north-eastern states.

The dispute

• Meghalaya was separated from Assam in 1970 as an autonomous State, and it achieved full statehood in 1972.
• The Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya administration refused to approve, served as the foundation for the creation of the new State.
• This was due to the Act adopting a 1951 committee’s suggestions for defining Meghalaya’s border.
• Areas of the current East Jaintia Hills, Ri-Bhoi, and West Khasi Hills districts in Meghalaya were relocated to the Karbi Anglong, Kamrup (metro), and Kamrup districts of Assam based on the recommendations of that panel.
• Following statehood, Meghalaya disputed these transfers, alleging they belonged to its indigenous chieftains.
• Assam said that Meghalaya’s administration was unable to produce any paperwork or historical records to support its claim to these territories.
• On the basis of an official claim made by Meghalaya in 2011, the dispute was reduced to 12 sectors after claims and counterclaims.

Other North-East boundary disputes

• Assam, which has border issues with numerous states, was mainly eliminated from the creation of the Northeastern states.
• Apart from Mizoram, which gradually split off into distinct states during British rule, Assam also encompassed modern-day Nagaland, Arunachal Pradesh, and Meghalaya during that time. Assam is now having boundary issues with each of them.
• Assam and Nagaland are separated by a 500-km border.
• In two significant violent incidents that occurred in 1979 and 1985, at least 100 people died. The Supreme Court is now hearing the boundary dispute.
• Conflicts were first documented along the approximately 800 km Assam-Arunachal Pradesh border in 1992, according to the same study.
• Since then, both sides have made a number of claims of unauthorised encroachment and there have been sporadic skirmishes. The Supreme Court is now deliberating on this boundary dispute.
• The 884-km border between Assam and Meghalaya also frequently experiences flare-ups. There are now 12 areas of contention between the two states, according to statements from the Meghalayan government.

Government of both states

• The two States first attempted to negotiate a settlement to their border dispute, but their first significant move came in May 1983 when they established a joint official committee to handle the matter.
• The committee recommended that the Survey of India redefine the boundary with the participation of both States in its report turned in in November 1983 in an effort to resolve the conflict.
• There was no further action taken. As more territories started to be in dispute, the two States decided to establish an impartial panel in 1985.
• The committee, which was led by Justice Y.V. Chandrachud, sent in its report in 1987.
• The report was rejected by Meghalaya because it was reportedly pro-Assam.
• 2019 saw a petition from the Meghalayan administration asking the Supreme Court to order the Centre to resolve the conflict. The petition was turned down.

How was the ice broken?

• When the nation celebrates its 75th anniversary of independence on August 15, 2022, the Home Minister requested all of the north-eastern States to settle their boundary disputes by that date in January 2021.
• Given that the sister-States in the area either shared a ruling party, it was thought that the project might move more quickly.
• The two States decided to restart negotiations at the CM level in June 2021 and to use a “give-and-take” approach to resolve their differences once and for all.
• Six “least complicated” areas—Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata, and Ratacherra—from the 12 disputed sectors were picked for resolution in the first round.
• Three regional committees were established by each of the two States, one for each district impacted by the disputed sectors.

Principles followed

• The “five principles” on how to handle the problem were entrusted to these committees, each of which was led by a cabinet minister.
• These criteria include a contested area’s historical facts, ethnicity, administrative convenience, people’s willingness, and the contiguousness of the land, preferably with natural boundaries like rivers, streams, and rocks.
• The committee members interviewed people in the contested areas and met with local stakeholders on multiple occasions.
• This made it possible for the six contested sections to be closed on March 29.

Issues

• Assam government officials argued that it was preferable to let go of areas over which they had no administrative authority than to “live with an annoyance forever.”
• The “give-and-take” model, according to people in the other six contentious sectors, might be disastrous for them.
• Non-tribal individuals are more likely to be afraid of living in a “tribal Meghalaya with no rights” than tribal people.

Need to improve quasi-judicial organisations. For the welfare of the populace, quasi-judicial courts must operate more efficiently. There is a subset of quasi-judicial organisations that is not brought up in discussions about the status of cases.

In order to make quasi-judicial courts serve the interests of the public, it is necessary to improve them.

Concerns

• Workload: Since the revenue authorities that work for these quasi-judicial organisations also have to handle law and order, coordination, and other administrative duties, they have significantly less time to devote to court work.
• Understaffed: Many agencies lack sufficient employees.
• Absence of electronic platform: These organisations lack computers, video recorders, and supporting functions including case filing and summons issuance. Only a few states, including Rajasthan, Madhya Pradesh, and Maharashtra, have these amenities.
• Lack of knowledge: Many presiding officers lack a thorough understanding of the rules and regulations.
• Harassment of civilians: Due to workload and staffing shortages, justice is not delivered promptly, which leads to harassment of citizens.
• Inadequate supervision: The administrative and political leadership does not effectively oversee these entities. There is a need to resolve these concerns since they result in incomplete data on the status of the cases, which becomes the cause of understaffing.

Quasi-judicial agencies: Significance

• As they handle crucial land and related matters, the effectiveness of these authorities is crucial.
• Their inability to deliver swift justice leads to harassment of individuals as well as the facilitation of criminal activity by unscrupulous elements.

10 steps process to make quasi-judicial courts work for people

1. The government should prioritise ensuring that these agencies are operating properly, and periodic publications of full information on their operations are also required. It should be presented to the relevant legislation, and based on these findings, the staff size should be chosen. It will guarantee responsibility.
2. Third, a platform should be created electronically to manage all ancillary work associated with the administration of justice. This would make it easier to examine how these bodies operate.
3. Fourth, the senior authority should make it essential for the subordinate courts to undergo yearly inspections. Based on these inspections, presiding officers’ training should be determined.
4. Fifth, it is important to support interdisciplinary research on how these courts operate. This would highlight the areas that needed improvement, including law changes or the issuance of clear rules.
5. Sixth, the adjudicating authority should periodically undergo regular training and orientation.
6. Seventh, these quasi-judicial courts’ state performance index should be made public. Focusing on the development of these agencies would benefit the states that don’t score well on the index.
7. Eighth, major judgments, policies, and instructions might be assembled and posted on the website of the highest court, such as the Board of Revenue. These would be beneficial for smaller agencies.
8. Tenth, these adjudicating bodies should embrace the Civil Procedure Code change advocated by the Law Commission as well as other procedural reforms.
9. Ninth, sufficient training should be provided to the officials performing judicial work in the revenue courts.

Source—https://indianexpress.com/article/opinion/columns/quasi-judicial-courts-cases-challenges-8278311/

Arun Goel, a formerly employed secretary in the Ministry of Heavy Industries, has been chosen to serve as the election commissioner.

Election Commission of India (ECI)

• The Indian Constitution created the ECI as a constitutional body to oversee and manage elections in the nation.
• The ability to oversee, direct, and control elections is provided by Article 324 of the Constitution.
• The organisation oversees elections for the Lok Sabha, Rajya Sabha, state legislative assemblies, state legislative councils, and the presidential and vice presidential positions in the nation.
• The Election Commission is a body that serves both the Central government and the state governments, making it an all-India entity.
• Article 324 of the Constitution grants the Election Commission authority to carry out its duties, and as a result, the Representation of the People Act was passed.

Composition

• When the ECI was first founded in 1950, there was just one Chief Election Commissioner.
• During the 1989 General Election, two new Commissioners were first appointed to the board; however, their terms were very brief, ending on January 1, 1990.
• Deputy Election Commissioners, who are often IAS officers, support the Election Commissioners.
• Directors General, Principal Secretaries, Secretaries, and Under Secretaries are also there to help.
• The Chief Electoral Officer of the State, an IAS officer with the rank of Principal Secretary, assists the Election Commission at the state level.
• The District Magistrates, who also serve as District Election Officers, Electoral Registration Officers, and Returning Officers oversee elections at the district and constituency levels.

Tenure

• The Indian Constitution does not specify the term limits for election commissioners.
• The duration of service is set forth by the Election Commission Conduct of Service Act, 1991.
• From the day they take office, the Chief Election Commissioner or an Election Commissioner must occupy office for a term of six years, or until they reach the age of 65, whichever comes first.

Significance of ECI for India

• Election administration: Since 1952, the ECI has effectively handled both national and state elections.
• However, the Commission has started to take a more active role recently to guarantee that there is greater public participation.
• Political parties are being held to a strict code of conduct after being threatened with de-recognition if they fail to uphold internal party democracy.
• Upholds the Constitution’s objectives of equality, equity, impartiality, and independence as well as the rule of law in supervising, directing, and controlling election governance.
• Elections are held in a free and fair manner, upholding the greatest standards of professionalism, independence, accountability, and transparency.

Concerns with ECI

• Compositional flaws: The Constitution doesn’t specify the requirements for EC members. After they retire or resign, they are not prohibited from receiving new assignments.
• No tenure security: The constitution does not provide tenure security for election commissioners.
• Partisan role: As instances of violations of the Model Code of Conduct during the 2019 general elections have increased, the EC has been under scrutiny like never before.
• Political favor: The opposition claimed that by clearing the PM of violating the model code of conduct, the ECI was siding with the ruling party.
• Incapability: Increasing violence and election fraud brought on by money have led to political criminality, which ECI is powerless to stop.

Source—https://www.thehindu.com/news/national/arun-goel-appointed-as-election-commissioner/article66158492.ece

Since its constitution, NITI Aayog has not made any significant efforts to advance cooperative federalism. The Indian government has been accused of actively opposing cooperative federalism, in contrast to its public claims to that effect. The following examples show unequivocally how federalism’s principles and the States’ autonomy have been compromised by federal government policy.

States’ anger over hypocrisy of the Centre

• States are limited as the centre borrows money from the budget: The majority of corporate borrowings backed by state guarantees goes toward capital expenditures. The Center has also been borrowing money from the budget, but mostly to cover revenue expenses.
• CAG report on supplemental financial resources Eight instances of fulfilling revenue expenditure with extra budgetary resources were noted in the Comptroller and Auditor General of India (C&AG) Report on the Compliance of FRBM Act for 2017–18 and 2018–19. (EBR).
• Unjustified state restrictions: The amount of revenue expenditure that the Center met through EBR was 81,282 crore in 2017–18 and 1,58,107 crore in 2018–19. The central government’s budget did not account for these borrowings. Therefore, treating State corporation budget borrowings as State borrowings in the past is utterly unjustified.

Cess and Surcharge- A tool to raise revenue for Centre not available to the states

• Increasing percentage of cess and surcharges: Because cess and surcharges are not constitutionally shareable with the States, the government has been levying them. In the Budget forecasts for 2022–23, cesses and surcharges’ percentage of the Centre’s gross tax collection climbed from 13.5% in 2014–15 to 20%.
• States do not receive an equal part of a divvy up pool: Despite the Fifteenth Finance Commission’s recommendation that the States receive 41% of Central taxes, they actually only receive 29.6% of those taxes due to higher cesses and surcharges.
• The C&AG noted in its Audit Report on Union Government Accounts for 2018-19 that only 1,64,322 crore of the 2,74,592 crore collected from 35 cesses in 2018-19 had been credited to the dedicated funds, with the remainder remaining in the Consolidated Fund of India. This undermines the purpose of cess. Another again, the Constitution is being violated by not giving the States their fair share.
• Increasing centrally sponsored programmes and state burden: The Government of India has appointed numerous committees, all of which have emphasised the need to limit the number of Centrally Sponsored Schemes (CSS) and keep them to a handful of crucial national areas. However, the Government of India has grouped them under a few major categories (currently 28). Additionally, the Centre raised the States’ contribution in a number of CSS in 2015, which added to the burden on the States. The majority of CSS are run in the areas covered by the State list. States no longer have any autonomy as a result.

Recommendations from NITI Aayoge are not accepted: A decrease in the number of programmes and the introduction of optional schemes have been advocated by the Sub-Committee of Chief Ministers, which was established by NITI Aayog. These suggestions have not been implemented.

@the-end

The fiscal federalism wheel is balanced by the finance commission. While the percentage of states contributing to central taxes may have increased, cess and surcharges have also gone up. Off-budget borrowing by governments may be reduced if needless freebies are cut from the state budget.