TOPIC : GS 2 Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.
The ECI cannot be a super government
What is the news?
It is an interesting aspect of the ECI’s history that before T.N. Seshan came on the scene as the Chief Election Commissioner, no one in the country ever knew or felt that the ECI had any powers.
- Elections bring the Election Commission of India (ECI) into sharp focus as this constitutional body superintends, directs and controls the conduct of elections
- It is the constitutional duty of the ECI to ensure that the elections held are free and fair
- Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner that Article 324 contains plenary powers to ensure free and fair elections and these are vested in the ECI which can take all necessary steps to achieve this constitutional object
The model code
- The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and governments to adhere to during an election
- This code is based on consensus among political parties. Its origin can be traced to a code of conduct for political parties prepared by the Kerala government in 1960 for the Assembly elections
- It was adopted and refined and enlarged by the ECI in later years, and was enforced strictly from 1991 onwards
- The Constitution has clothed the ECI with enough powers to do that. Thus, the code has been issued in exercise of its powers under Article 324.
- The model code is observed by all stakeholders for fear of action by the ECI.
- Since it is a code of conduct framed on the basis of a consensus among political parties, it has not been given any legal backing
- Although a committee of Parliament recommended that the code should be made a part of the Representation of the People Act 1951, the ECI did not agree
- The ground that once it becomes a part of law, all matters connected with the enforcement of the code will be taken to court, which would delay elections
Transfer of officials
- One issue relates to the abrupt transfer of senior officials working under State governments by an order of the commission
- It may be that the observers of the ECI report to it about the conduct of certain officials of the States where elections are to be held
- The ECI apparently acts on such reports and orders the transfer on the assumption that the presence of those officials will adversely affect the free and fair election in that State.
- It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code
Administrative moves
According to the model code, Ministers cannot announce any financial grants in any form, make any promise of construction of roads, provision of drinking water facilities, etc or make any ad hoc appointments in the government.
Way forward
There is no doubt that the ECI, through the conduct of free and fair elections in an extremely complex country, has restored the purity of the legislative bodies. However, no constitutional body is vested with unguided and absolute powers. Neither citizens nor the ECI is permitted to assume that the ECI has unlimited and arbitrary powers.
Mains question
There is still some confusion about the extent and nature of the powers that are available to the Election Commission. Critically Analyse
Sources : https://www.thehindu.com/opinion/lead/the-eci-cannot-be-a-super-government/article34353019.ece
Prelims Punchers
Aditya-L1 is a spacecraft mission to study the Sun. It has been designed and will be built in collaboration between the Indian Space Research Organisation (ISRO) and various Indian research institutes. It is planned to be launched on the PSLV-C56 in December 2021 or January 2022. It is India’s first solar mission. It was conceptualized in January 2008 by the Advisory Committee for Space Research. It was initially envisaged as a small 400 kg, low-Earth orbiting satellite with a coronagraph to study the solar corona
The Aditya-L1 mission will be inserted in a halo orbit around the L1 point, which is about 1.5 million km from Earth. The 1,500 kg satellite carries seven science payloads with diverse objectives, including but not limited to, the coronal heating, solar wind acceleration, coronal magnetometry, origin and monitoring of near-UV solar radiation (which drives Earth’s upper atmospheric dynamics and global climate), coupling of the solar photosphere to chromosphere and corona, in-situ characterisations of the space environment around Earth by measuring energetic particle fluxes and magnetic fields of the solar wind and solar magnetic storms that have adverse effects on space and ground-based technologies.
- New umbrella Entity
It is non-profit entity initiated by RBI . The purpose is to boost retail payments in India. To avoid the high cost of setting up an agency under it to supervise NUEs and to allow the sector to grow rapidly, the Reserve Bank of India (RBI) is reluctant to have direct control over the NUEs.
Incorporated in India under the Companies Act, 2013 .It is governed by the provisions of the Payment and settlement systems (PSS) Act. It will set up, manage and operate new payment systems in the retail space like ATMs, white label Point of Sale (PoS), Aadhaar- based payments and remittance services.
All entities eligible to apply as promoter / promoter group of the umbrella entity shall be owned and controlled by resident Indian citizens [as defined in the rules / regulations framed under the Foreign Exchange Management Act, 1999 (FEMA), as amended from time to time] with 3 years’ experience in the payments ecosystem as Payment System Operator (PSO)
- Government securities Acquisition Programme
RBI announced that it is putting in place a secondary market government securities acquisition programme or G-SAP 1.0 for the financial year 2021-22 to enable an “orderly evolution of the yield curve.” The central bank asserted that the measure will ensure favourable financial conditions for the recovery to gain traction.
Under G-SAP 1.0, which will be for 2021-22, RBI will commit “upfront to a specific amount of open market purchases of government securities with a view to enabling a stable and orderly evolution of the yield curve amidst comfortable liquidity conditions. Eligible participants should submit their bids in electronic format on the Reserve Bank of India Core Banking Solution (E-Kuber) system
The E9 is a forum of nine countries, which was formed to achieve the goals of UNESCO’s Education for All (EFA) initiative. The E stands for education and the 9 represents the following nine countries: Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Nigeria and Pakistan, representing over half of the world’s population and 70% of the world’s illiterate adults. E-9 Initiative was launched in 1993 at the EFA Summit in New Delhi, India. The Initiative has become a forum for the countries to discuss their experiences related to education, exchange best practices, and monitor EFA-related progress.
E-9 countries have made significant socioeconomic progress. Brazil, China, India, Indonesia and Mexico are the Members of G-20. Mexico is an OECD member, while China is now the second largest economy in the world. Brazil and India are also the top ten economies. Indonesia has also been growing fast. In 1993, the E-9 countries accounted for only 16.5% of world’s nominal GDP. Now, they represent almost 30% of world’s nominal GDP.
Sources : https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1709692
Prelims questions
Qn 1.Consider the following statement with reference New Umbrella Entity (NUE)
- It is a non-profit entity initiated by RBI
- It is incorporated in India under the Companies Act, 2013
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c). Both of them (d). None of the above
Answer : C
It is non-profit entity initiated by RBI . The purpose is to boost retail payments in India. To avoid the high cost of setting up an agency under it to supervise NUEs and to allow the sector to grow rapidly, the Reserve Bank of India (RBI) is reluctant to have direct control over the NUEs.
Incorporated in India under the Companies Act, 2013 .It is governed by the provisions of the Payment and settlement systems (PSS) Act. It will set up, manage and operate new payment systems in the retail space like ATMs, white label Point of Sale (PoS), Aadhaar- based payments and remittance services.
Qn 2.Which of the following countries is not a member of E9 Partnership ?
1.China
- Russia
- India
- Bangladesh
Answer : B
The E9 is a forum of nine countries, which was formed to achieve the goals of UNESCO’s Education for All (EFA) initiative. The E stands for education and the 9 represents the following nine countries: Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Nigeria and Pakistan, representing over half of the world’s population and 70% of the world’s illiterate adults. E-9 Initiative was launched in 1993 at the EFA Summit in New Delhi, India. The Initiative has become a forum for the countries to discuss their experiences related to education, exchange best practices, and monitor EFA-related progress.
E-9 countries have made significant socioeconomic progress. Brazil, China, India, Indonesia and Mexico are the Members of G-20. Mexico is an OECD member, while China is now the second largest economy in the world. Brazil and India are also the top ten economies. Indonesia has also been growing fast. In 1993, the E-9 countries accounted for only 16.5% of world’s nominal GDP. Now, they represent almost 30% of world’s nominal GDP