Context

The last two quarters have seen a substantive recovery in the Indian economy per major indicators

• Corporate profitability of our largest firms has hit a new record this year.
• GST collections, another indicator of the formal economy, with an average monthly collection of Rs 1.2 trillion in the second and third quarters.
• The budget deficit is expected to be well the forecast from last year.

On the flip side

• The informal economy was badly hit by Covid and its associated lockdowns. Small enterprises, retail, hospitality, and construction were all hammered. These were our main source of recent employment growth.
• Agricultural employment has risen in the last year-and-a-half, while manufacturing and services employment has fallen — this is the opposite of development.
• Informal urban employment has led to first-time buyers of everything from toothpaste to two-wheelers. This consumption story has driven our economic growth for the last 30 years.
• Covid and its associated restrictions have been a perfect storm for the informally employed.
  • A study by researchers from Azim Premji University tells us that both earnings and employment fell for those at the bottom of the urban employment pyramid.

Context

• A reportby the Indian Cellular and Electronics Association (ICEA) has said that India’s policy of adopting high tariffs on the import of electronics components to reduce risks from global competition and save domestic companies may prove to be counterproductive to its schemes aimed at increasing domestic production of electronic products.

How does India compare to other electronics manufacturing nations?

• Comparison of India’s performance with that of China, Vietnam, Mexico and Thailand, shows that all the countries have tried to encourage the domestic production of electronic goods in their geographies by adopting almost similar strategies such as
  • attracting foreign direct investment,
  • improving domestic capabilities and competitiveness,
  • increasing exports and
  • linking their markets with global value chains.
• Improvement in rank electronics exports since 1980-
  • China from 35^th to 1^st , Mexico from 37^th to 11^th.
  • India from 40^th in 1980s to 28^th in 1980.

Context

• Kathak maestro Pandit Birju Maharaj passed away recently.

About Kathak

• The word Kathak has been derived from the word Katha which means a story.
• It is one of India’s classical dances.
• It was mostly a temple or village entertainment in which the dancers told stories from ancient scriptures.
• The Vaishnavite cult which swept North India in the 15th century and the resultant bhakti movement contributed to a whole new range of lyrics and musical forms, including Kathak.
• Radha-Krishna tales were portrayed in rasa lila folk plays, which merged folk dance with the basic gestures of kathak story-tellers.

Free Trade Agreement (FTA)
Countries decide to reduce or eliminate the customs duty on commonly agreed goods. Usually, the list of goods on which the customs duty would not be reduced is part of Negative list and on all other goods the customs duty is either reduced or eliminated. Normally, the FTAs cover trade in goods or trade in services. Example: India-ASEAN FTA in Goods.

Various FTAs and their working mechanisms:

Trade integration refers to free movement of goods, services, investment and people across the countries. Such trade integration may take place through multiple phases:

• Preferential Trade Agreement (PTA): Countries decide to reduce the customs duty on commonly agreed goods. Usually, the list of goods on which the customs duty is to be reduced is part of Positive List. In general PTAs do not cover substantially all goods. Example: India- Afghanistan PTA (2003).
  
• Free Trade Agreement (FTA): Countries decide to reduce or eliminate the customs duty on commonly agreed goods. Usually, the list of goods on which the customs duty would not be reduced is part of Negative list and on all other goods the customs duty is either reduced or eliminated. Normally, the FTAs cover trade in goods or trade in services. Example: India-ASEAN FTA in Goods.
  
• Comprehensive Economic Cooperation Agreement (CECA)/Comprehensive Economic Partnership Agreement (CEPA): Integrated package on goods, services and investment along with other areas including IPR, competition etc. Example: India Japan CEPA.
  
• Custom Union: Member countries may decide to trade at zero duty among themselves, however they maintain common customs duty against rest of the world. Example: Southern African Customs Union (SACU)
  
• Common Market: A common market is a Customs Union with provisions to facilitate free movements of labor and capital.
  
• Economic Union: Economic Union is a Common Market extended through harmonization of fiscal/monetary policies and shared executive, judicial and legislative institutions among the member countries. Example: European Union.

The importance of FTAs

• India’s Experience during 1947-91: The protectionist policies followed by India prior to 1991 LPG reforms adversely affected the economy in terms of lower exports, lower foreign investment, poor competitiveness of industries and overall reduced GDP growth rate. Need to learn from the past mistakes.
  
• Learning from other economies: Countries such as Japan, South Korea, Singapore etc. have been able to sustain higher economic growth by integrating with the global economy. In the recent times, such a export-led strategy has benefitted both bigger economies such as China as well as smaller economies such as Vietnam. In particular, FTAs signed by Vietnam with other countries has made it possible to attract foreign companies exiting from China.
  
• Shift from consumption led to Investment and Export driven Model: Consumption expenditure accounting for 60% of India’s GDP is the major driver. To ensure $ 5 trillion economy, we cannot rely only on domestic demand. Like China, we need to cater to global demand by boosting our exports.
  
• Boost Make in India and Assemble in India: By integrating “Assemble in India for the world” into Make in India, India can raise its export market share to about 3.5 percent by 2025 and 6 per cent by 2030. India would create about 4 crore well-paid jobs by 2025 and about 8 crore by 2030.
  
• Innovation and Efficiency: The FTAs would force domestic Industries to innovate, adapt and Exporters would be required to innovate and adopt new technologies to boost exports.
  
• Trade Liberalisation with Flexibility: The FTAs help reduce tariffs with a chosen trade partner in a calibrated manner with tariff reductions spread over time. Further, the partner country would also be required to reciprocate by reducing the tariffs.
  
• Conducive environment in terms of US-China Trade war, rising Labour costs in China, growing anti-china sentiment etc. India needs to fill up the vacuum which is slowly left by China.

What are the other important trade agreements of India?
India and Mauritius have signed a Comprehensive Economic Cooperation and Partnership Agreement (CECPA).

• • The South Asia Preferential Trading Agreement (SAPTA)
    It entered into force in 1995 to promote trade among member countries.

• South Asian Free Trade Agreement (SAFTA)
  A free trade agreement focusing on goods but excluding all services such as information technology. An agreement was signed to reduce customs duties on all traded goods to zero by 2016.

• APTA (Asia Pacific Trade Agreement)
  It was previously known as the Bangkok Agreement, and it is a preferential tariff arrangement aimed at promoting intra-regional trade through the exchange of mutually agreed-upon concessions by member countries.

Positive Impacts of FTAs

• More Dynamic Business Climate: Without free trade agreements, countries often protected their domestic industries and businesses. This protection often made them stagnant and non-competitive on the global market. With the protection removed, they became motivated to become true global competitors.
• Lower Government Spending: Many governments subsidize local industries. After the trade agreement removes subsidies, those funds can be put to better use.
• Foreign Direct Investment: Investors will flock to the country. This adds capital to expand local industries and boost domestic businesses.
  
• Expertise: ​Global companies have more expertise than domestic companies to develop local resources. That’s especially true in mining, oil drilling, and manufacturing. Free trade agreements allow global firms access to these business opportunities. 
• Technology Transfer: Local companies also receive access to the latest technologies from their multinational partners. As local economies grow, so do job opportunities. Multi-national companies provide job training to local employees
  
• India’s Trade with FTA partners: India’s total trade has increased with each FTA partner in post-FTA phase.
  
• Structure of Imports and Exports: India’s imports are primarily accounted for by non-consumer goods with respect to each FTA partner. This shows that the FTA partners have been able to provide for high quality raw materials to our domestic Industries leading to a push to “Make in India”. Further, India’s exports are primarily accounted for by non-raw materials with respect to each FTA partner.
  
• Trade in Services: India’s trade in services has increased with some of the FTA partners such as Japan, South Korea, Malaysia etc. Some of the sectors that have been benefitted include technology (Computer Software), telecommunication, finance, tourism etc.
  
• FDI in FTA Partners: Indian companies have been established in most of the major FTA partner countries of India. This Indian FDI outflow to major FTA partner countries not only generates employment opportunities in the partner countries but also lead to greater exports from India.
  

Negative Impacts of FTAs

The biggest criticism of free trade agreements is that they are responsible for job outsourcing. 

• Increased Job Outsourcing: Why does that happen? Reducing tariffs on imports allows companies to expand to other countries. Without tariffs, imports from countries with a low cost of living cost less. It makes it difficult for Indian companies in those same industries to compete, so they may reduce their workforce. 
• Theft of Intellectual Property: Many developing countries don’t have laws to protect patents, inventions, and new processes. The laws they do have aren’t always strictly enforced. As a result, corporations often have their ideas stolen. They must then compete with lower-priced domestic knock-offs.8
• Crowd out Domestic Industries: Many emerging markets are traditional economies that rely on farming for most employment eg. India. These small family farms can’t compete with subsidized agri-businesses in the developed countries. As a result, they lose their farms and must look for work in the cities. This aggravates unemployment, crime, and poverty.
• Poor Working Conditions: Multi-national companies may outsource jobs to emerging market countries without adequate labour protections. As a result, women and children are often subjected to grueling factory jobs in sub-standard conditions.
• Degradation of Natural Resources: Emerging market countries often don’t have many environmental protections. Free trade leads to depletion of timber, minerals, and other natural resources. Deforestation and strip-mining reduce their jungles and fields to wastelands.
• Destruction of Native Cultures: As development moves into isolated areas, indigenous cultures can be destroyed. Local peoples are uprooted. Many suffer disease and death when their resources are polluted.
• Reduced Tax Revenue: Many smaller countries struggle to replace revenue lost from import tariffs and fees
  
• Structure of Trade: FTAs have led to increased imports and exports. However, imports are much higher than exports. For example, import of tea for re-exports has led adverse impact on domestic growers. 
• Widening Trade Deficit: India’s trade deficit with ASEAN, Korea and Japan has widened post-FTAs. 
• Sector-Wise Impact of FTAs: Apart from the widening trade deficit, the quality of trade has also deteriorated after signing of FTAs. Out of 21 important sectors, 13 sectors have been adversely affected by higher imports as compared to exports. Some of these affected sectors are minerals, leather, textiles, gems and jewellery, metals, vehicles etc.
  

Way Forward

• Given that India is not a signatory party to any mega-trade agreements, this would be a critical component of a positive trade policy agenda.
• The economic reforms that result in an open, competitive, and technologically innovative Indian economy must underpin India’s trade policy framework.
• People’s sense of being left behind and excluded from the system is exploited by nationalism, populism and protectionism.
• As a result, we must prioritize ensuring universal inclusion in economic networks that enable individuals and families to achieve financial security and pursue opportunities for betterment.

Reference: The IE link

Context:  Recently, the attendance of the Chief Election Commissioner (CEC) and his Election Commissioner (EC) colleagues at an “informal” meeting with the Principal Secretary to the Prime Minister has brought renewed focus on the independence and impartiality of the Election Commission of India (ECI).

Appointment & Tenure of Commissioners

• The Chief Election Commissioner and the Election Commissioner are appointed by the President of India.
• Each of them holds their offices for a period of 6 years or up to the age of 65 years, whichever comes first.
• They receive the same perks and pay as Supreme Court Judges.
• The only way a Chief Election Commissioner can be removed from office is upon an order of the President supported by the Parliament.
• The Election Commissioner or Regional Commissioner can only be removed from office by the Chief Election Commissioner.

Advisory and Quasi-Judiciary Powers

• The Election Commission of India has advisory jurisdiction in terms of post-election ineligibility of sitting members of the Parliament and State Legislature.
• Cases, where an individual is found guilty of malpractice at elections by the Supreme Court or High Courts, are referred to the ECI for its opinion of the said person’s disqualification. In such cases, the judgement passed by the ECI is final and binding on the President of India or the Governor as per jurisdiction.
• The Election Commission of India also has the power to ban any candidate who has not lodged an account of election expenses by the deadline and as per the law.
• ECI can also remove or reduce the period of disqualification as per the law.

Administrative Powers

• Allotting territorial areas for electoral constituencies in the country
• Organise and amend electoral rolls and register eligible voters
• Inform dates and schedule of elections and scrutinize nomination papers
• Give recognition to political parties and assign election symbols to them.
• ECI appoints the following seats:
• Chief Electoral Officer
• District Election Officer
• Returning Officer
• Electoral Registration Officer
• Role of Election Commission of India

Functions of the Election Commission of India

• ECI plays a crucial role in organising elections. The most significant role of the Election Commission of India is to ensure free and fair elections as per the norms and the Model Code of Conduct. It is in charge of monitoring the actions and activities of the political parties and candidates.
• ECI is responsible for a free and reasonable election
• It ensures that political parties and candidates adhere to the Model Code of Conduct
• Regulates parties and registers them as per eligibility to contest in elections
• Proposes the limit of campaign expenditure per candidate to all parties and monitors the same.
• It is mandatory for all political parties to submit annual reports to the ECI in order to be able to claim the tax benefit on the contributions.
• Guarantees that all political parties regularly submit audited financial reports.

The main duties of the Election Commission are:

• Supervise, control and conduct all elections to Parliament and State Legislatures
• Set general rules for election.
• Prepare electoral rolls
• Determine the territorial distribution of constituencies
• Give credit to political parties.
• Allot election symbols to political parties or candidates
• Appoint tribunals for the decision of doubts and disputes arising out of an election to Parliament and State Legislatures.

Constitutional and legal Issues with ECI

(1.) Appointment of ECs

• Currently ECs (Including CEC) are appointed by the President on the recommendation of the PM. 
• This is important because the Election Commission is not only responsible for conducting free and fair elections, but it also serves a quasi judicial function between the various political parties including the ruling government and other parties. 
• In such circumstances the Executive cannot be the sole participant in the appointment of members of the Election Commission as it gives unfettered discretion to the ruling party to choose someone whose loyalty to it is ensured and thereby renders the selection process vulnerable to manipulation. 

(2.) Election commissioners do not get the same protection as CEC.

• Article 324(5) of the Constitution protects only CEC from removal, except if the manner and grounds of removal are the same as a judge of the Supreme Court.( Judges of High Courts and SC, CEC, Comptroller and Auditor General (CAG) may be removed from office through a motion adopted by Parliament on grounds of ‘proved misbehaviour or incapacity’). However, ECs can be removed by the government on the recommendation of the Chief Election Commissioner.
  

(3.) Lack of legal enactment envisaged under Article 324.

• The appointment of CEC and other ECs according to the Article 324, shall be done as per the law made by the Parliament in this regard. However, no such law has yet been made which leaves a “gap” and leaves the appointment of such a crucial post solely to the executives. 
  

(4.) Other loopholes in the constitutional mechanisms: 

• The constitution has not prescribed the qualifications (legal, educational, administrative, or judicial) of the members of the election commission
  
• The constitution has not debarred the retiring Election commissioner from any further appointment by the government
  

• There is no clarity regarding the power division between the Chief Election Commissioner and other Election Commissioners.
  
• RP Act empowers the Central Government to make rules after consultation with ECI. However, the Central Government is not bound to accept. Thus, impacting various reforms such as power to de-register political parties, insertion of new clause ‘58 B’ be inserted in the RPA Act 1951 to give power to postpone or countermand polls based on evidence that money power was used to influence voters.
  

Way Forward

• EC should be given the power to make rules under the electoral law, instead of the Centre.
  
• ECI sought an urgent amendment to the Contempt of Courts Act, 1971, to empower it to punish anyone being disobedient or discourteous towards its authority.
  
• Establishing a multi-institutional, bipartisan committee for fair and transparent selection of ECs can enhance the perceived and actual independence of ECI. 

Reference- The Hindu Link

What are Lok Adalats?

• Lok Adalat (People’s Court) is one of India’s alternate dispute resolution mechanisms.
• It is where the cases that are pending or at the pre-litigation stage in a court of law are settled.
• This system, based on Gandhian principles, aims to settle disputes through arbitration at the grass-root level.

Reason for establishment of Lok Adalats:

• Equal justice and free legal aid: The Parliament enacted the Legal Services Authorities Act, 1987 to create national, state and district level authorities to establish Lok Adalats. (Article 39A of the Constitution states that citizens of India are entitled to equal justice and free legal aid.)
  
• Speedy trial of the disputes: The basic features of Lok Adalat are the procedural flexibility and speedy trial of the disputes. There is no strict application of procedural laws like the Civil Procedure Code.
  
• Reducing backlog: To clear the huge backlog of pending cases in the Indian judicial system and to bring speedy justice to all. The matters in Lok Adalat are settled within a day.

Legislation pertaining to Lok Adalats

• The  Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats.
• It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

Salient features of Lok Adalat

• It is based on settlement or compromise reached through systematic negotiations.
• It is one among the Alternate Dispute Resolution (ADR) systems. It is an alternative to “Judicial Justice”.
• No court fee is payable. If any court fee is paid, it will be refunded. Hence it is economical.
• The parties to a dispute can interact directly with the presiding officer, which is not possible in the case of a court proceeding.
• Lok Adalat is deemed to be a civil court for certain purposes.
• Lok Adalat has certain powers of a civil court.
• The award passed by the Lok Adalat is deemed to be a decree of a civil court.
• An award passed by the Lok Adalat is final and no appeal is maintainable from it.
• An award passed by the Lok Adalat can be executed in a court.
• The award can be passed by Lok Adalat, only after obtaining the assent of all the parties to dispute.
• Code of Civil Procedure and Indian Evidence Act are not applicable to the proceedings of Lok Adalat.
• A Permanent Lok Adalat can pass an award on merits, even without the consent of parties. Such an award is final and binding. From that no appeal is possible.
• The appearance of lawyers on behalf of the parties, at the Lok Adalat is not barred. (Regulation 39 of the Kerala State Legal Services Authority Regulations, 1998.

Role of Lok Adalats:

• Dispute settlement: To hear and settle long pending cases, which are disposed through compromise and settlement. It can hear both civil and criminal cases.
• Justice: The aim of Lok Adalats is to bring justice to poor and underprivileged people of India. It ensures that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
• Alternate dispute resolution: The system of Lok Adalat, which is an innovative mechanism for alternate dispute resolution, has proved effective for resolving disputes in a spirit of conciliation outside the courts.
• Reducing litigation: It can take up pending cases as well as those that are in the pre litigation stage. The verdict given by the Lok Adalat is final and binding, and there is no provision for appeal. But the party is free to initiate a new litigation in court.

Limitations of Lok Adalats:

• Complexity: The biggest disadvantage with Lok Adalats is that repeated sittings at short intervals with the same judge are almost not possible which breaks the continuity of the deliberations.
• Lack of confidentiality: Lok Adalat proceedings are held in the open court and any member of the public may witness these proceedings. Thus, the element of confidentiality is also lacking. This also impedes the process of exploration of various resolution options and ultimately the success rate in matters where parties desire confidentiality.
• Forced injustice: Lok Adalats are fora where voluntary efforts intended to bring about settlement of disputes between the parties are made through conciliatory and persuasive efforts. Many times victims are forced to settle at lower compensation.
• Diminished party autonomy: It cannot be said that the parties remain in absolute control of the proceedings in contradistinction to what happens in mediation.

Recent Developments and Performance of Lok Adalats

• In June 2020, the Legal Services Authorities integrated technology with the conventional modes of dispute settlement and introduced virtual Lok Adalats also called as ‘E-Lok Adalats’. Since then, all the Lok Adalats including National Lok Adalats are organized through virtual and hybrid modes. To provide an unhindered experience during the proceedings, the Legal Services Authorities across the country are continuously upgrading their digital infrastructure.
  

• Due to technological advancements, Lok Adalats have reached to the doorsteps of the parties. The parties are now able to join the Lok Adalat proceedings from their homes or workplaces, saving them the hassle of travelling and reserving a full day for an affair, which gets over within minutes.
  

• The other major factor in the success of Lok Adalats is the formulation of decisive strategies at the National level. Under these strategies, the State Legal Services Authorities were instructed to conduct meetings with various stakeholders across every level with an objective to ensure their full cooperation and coordination. The authorities were guided to follow a litigant friendly approach as well as to persuade such litigants to settle the cases involving settled propositions of law.
  
• A large number of disposals through Lok Adalats, was created by the Legal Services Authorities in the judicial administration of the country and it has settled greater number of cases than any other dispute resolution mechanism and has emerged as the most efficacious tool of Alternative Dispute Resolution Mechanism even during the pandemic.

Way Forward:

• Legal literacy and legal aid programmes should be provided, awareness camps must be conducted at the grass-root levels and mass media can be utilised for this purpose. This is to encourage people to participate in the proceedings of Lok Adalat voluntarily.
  
• The jurisdiction of permanent Lok Adalats can be expanded to include areas like business disputes or conflicts where the public at large are involved and matters where the government is involved either directly or indirectly.
  
• Culturally, there should be a balance between a formal and informal forum so that people are encouraged to seek redressal from Lok Adalats. Specialists of the concerned disputes can also be incorporated into this mechanism.
• The social workers must be provided with free legal training so that they can help the needy from being exploited by the lawyers.

Reference- The PIB link

Defection means floor-crossing or switching sides by a member of one political party to another party. To control increasing instances of political defection in India, the government through Constitution 52nd Amendment, added Tenth Schedule in the Indian Constitution.

What is the anti-defection law, and what is its purpose?

• The anti-defection law punishes individual MPs/MLAs for leaving one party for another. It allows a group of MP/MLAs to join (i.e. merge with) another political party without inviting the penalty for defection. And it does not penalise political parties for encouraging or accepting defecting legislators.
  
• Parliament added it to the Constitution as the Tenth Schedule in 1985. Its purpose was to bring stability to governments by discouraging legislators from changing parties. It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.

What constitutes defection? Who is the deciding authority?

The law covers three kinds of scenarios:

1. One is when legislators elected on the ticket of one political party “voluntarily give up” membership of that party or vote in the legislature against the party’s wishes. A legislator’s speech and conduct inside and outside the legislature can lead to deciding to voluntarily give up membership.
   
2. The second scenario arises when an MP/MLA who has been elected as an independent joins a party later. The third scenario relates to nominated legislators. In their case, the law specifies that they can join a political party within six months of being appointed to the House, and not after such time.
   
3. Violation of the law in any of these scenarios can lead to a legislator being penalised for defection. 

1. The Presiding Officers of the Legislature (Speaker, Chairman) are the deciding authorities in such cases. The Supreme Court has held legislators can challenge their decisions before the higher judiciary.

Constitutional Provisions 

• Article 102(2) – A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule. 
• Article 191(2) – A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.

Defection under Tenth Schedule 

A member of a House belonging to any political party shall be disqualified for being a member of the House:

• If he has voluntarily given up his membership of such a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs  and such voting or abstention has not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.

Disqualification of Independent Member 

• An elected member of a House who has been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after the election. 

 Disqualification of Nominated Member 

• A nominated member of a House shall be disqualified for being a member of the House if he joins any political party after the expiry of six months from the date on which he takes his seat. 
• Disqualification on grounds of defection does not apply in case of merger – the merger of the original political party of a member of a House shall be deemed to have taken place if – not less than two-thirds of the members of the legislature party concerned have agreed to such merger. 
• A special provision has been included in the 52nd Constitution Amendment to enable a person who has been elected as the presiding officer of a House to sever his connections with his political party.
• A person who has been elected to the office of the Speaker or the Deputy Speaker of the House of the People or the Deputy Chairman of the Council of States or the Chairman or the Deputy Chairman of the Legislative Council of a State or the Speaker or the Deputy Speaker of the Legislative Assembly of a State, shall not be disqualified under this Schedule.

Time taken  for deciding cases of defection

• The law does not provide a time-frame within which the presiding officer has to decide a defection case. 
• There have been many instances when a Speaker has not determined the case of a defecting MLA until the end of the legislature term. There have also been instances of defecting MLAs become ministers while a defection petition against them has been pending before the Speaker. 
• Last year, the Supreme Court dismissed a minister in Manipur when the Speaker did not decide the defection petition against him even after three years. The court held that ideally, Speakers should take a decision on a defection petition within three months.

Important Recommendations of The National Commission to review the working of the Constitution  (NCRWC) , Dinesh Goswami Committee

• Amending Tenth Schedule – to ban all kinds of Defections – individual or group defections and protection granted to members in case of split should be scrapped.
• Contesting Fresh Elections by Defectors as defecting by members would result in loss of membership of the House concerned.
• Defectors should be debarred from holding Public Office or any other remunerative political post for the remaining term.
• Vote to topple government as Invalid – The vote cast by a defector to topple a government should be treated as invalid unless supported by confidence vote (eg: Germany)
• Speaker not to decide matters on Defection – questions as to disqualification on ground of defection should vest in the Election Commission – also supported by Dinesh Goswami Committee and 170th Law Commission Report.
• The Anti-Defection Law has created a democracy of parties and numbers in India, rather than a democracy of debate and discussion. Hence a change is long overdue.

Adverse Impact of Defection Politics on Indian Democracy

• Undermining Electoral Democracy by shifting political allegiance mid-term.
• Defectors Betray Electoral Mandate.
• Promotes Horse Trading through bribery and corruption.
• Impacts stability of government.
• Greed overtakes Constitutional Morality.

Shortcomings  in the  defection law

• The law does not provide a time-frame within which the presiding officer has to decide a defection case.
• There have been many instances where a Speaker has misused this in not determining the case of a defecting MLA until the end of the legislature term.
• Parties often sequester MLAs in resorts to prevent them from changing their allegiance or getting poached by a rival party.

Suggestions been made to improve the law

• Former Vice President Hamid Ansari has suggested that it applies only to save governments in no-confidence motions. 
• The Election Commission has suggested it should be the deciding authority in defection cases. 
• Others have argued that the President and Governors should hear defection petitions. And last year, the Supreme Court said Parliament should set up an independent tribunal headed by a retired judge of the higher judiciary to decide defection cases swiftly and impartially.

Reference- The Hindu Link

What is Universal Accessibility?

• Universal Accessibility can be defined as the conditions for easy access.
• It would allow any individual (even those with reduced  mobility, communicative ability, or understanding ) to access and enjoy a place, product, or service, and to do so freely and independently.
• Universal design is so important because if a space is accessible, usable, and convenient for everyone regardless of age or ability, it’s inclusive for all.

About CPWD

• • CPWD came into existence in July, 1854 when Lord Dalhousie established a central agency for execution of public works and set up Ajmer Provincial Division. 
  • Through the professional expertise in disciplines including Architecture, Engineering, Project Management coupled with comprehensive experience in building construction and maintenance CPWD has been serving the nation for the last 164 years .

• It comes under the Ministry of Housing and Urban Affairs (MoHUA).
• It is headed by DG who is also the Principal Technical Advisor to the Government of India.

About  the New Guidelines:

• The new guidelines are a step towards a progressive and an inclusive approach to build environments and sustainable urban futures of India.
  
• It anchors the idea of keeping human diversity including persons with disabilities and their needs at the centre of all developments of built environments.
  
• The external features of buildings such as parking, walkways, ramps are required to be planned with coherence and understanding in enhancing accessibility to all.
  
• The guidelines call for accessibility symbols for PwD, family-friendly facilities and transgender to be inclusively incorporated among the symbols for other user groups.
  
• Every built environment, be it transportation based, education, healthcare or recreational requires to develop their contextual information system designs to ensure access for all including persons with visual, hearing or cognitive impairments.
  
• Enforcing a universal design approach with standard format for technology, manpower training and capacity building along with constructive reforms in transforming the accessibility culture of our built environments.
• All built environments should require to get themselves assessed and evaluated for accessibility in three broad domains viz. Information Systems, Infrastructure systems and Building Management Systems.

Policy measures for Persons with Disabilities (PwDs)

• India is a signatory to the UN Convention the Right of Persons with Disabilities, which came into force in 2007.
  
• The ‘Accessible India Campaign’ (Sugamya Bharat Abhiyan) was launched in 2015 to enable Persons with disabilities to gain universal access, equal opportunity for development.
  
• The Union Minister for Social justice and Empowerment has also launched the “Sugamya Bharat App” to ease accessibility for PwDs.
  
• India has dedicated the Rights of Persons with Disabilities Act, 2016, which is the principal and comprehensive legislation concerning persons with disability.

Challenges to Accessible India

• Poor accountability of private entities in offering all aspects of accessibility for persons with disabilities in their facilities and services to the public.
• Lack of training for stakeholders on accessibility issues facing persons with disabilities.
• Very few buildings and other facilities open to the public provide signage in Braille and other support forms.
• Absence of sufficient forms of live assistance and intermediaries, including guidelines, readers and professional sign language interpreters.
• Lack of other appropriate forms of assistance and support to persons with disabilities to ensure their access to information
• Very few avenues to promote access for persons with disabilities to new information and communications technologies and systems, including the Internet.

Way forward:

• Campaigns on equity– Restaurants and small organisations including some corporates have made it a point to recruit those with physical disabilities. This has offered an impetus for those with disabilities to pursue their dream careers. Ministries running campaigns and schemes for maintaining equity have proved to be beneficial for those with physical impairments.
  
• Footbridges, footpaths and vehicles: In the urban parts of India, various civil engineers and architects have suggested creating transport infrastructure for the differently-abled. By creating accessible footbridges, footpaths and vehicles have tremendously helped the differently-abled in their mobility.
  
• Indian Road Congress (IRC) 2012 guidelines: Footpaths in residential areas must be adequately widened up to (1.8 m) to permit at least two wheelchairs to travel.
  
• Local leader involvement: In rural India, political leaders and with local Government’s involvement can change the face of this situation. As persons with disabilities face stigma from home, school, health and public transport, prioritised social campaigns must be launched to influence the mindsets of people.
  
• Local Participation: Political leaders must make it a point to have a physically impaired person as a local representative to address certain issues. This creates a direct connection amongst those suffering from disabilities even at the grassroots level and allows them to raise and share challenges faced by them with ease. Local bodies such as Panchayats and Sarpanch committees must have involvement of a differently-abled representative to reach out to maximum people who can address their issues and challenges with ease.
• Thus, social participation, active involvement and small infrastructure changes would help the physically impaired overcome challenges allowing social inclusion.

Reference- The Hindu Link

About Pravasi Bharat Diwas:

• It is observed on the 9th of January every year to honour the contribution of non-resident Indians to the development of India. The event has been made biennial since 2015.
• January 9th of January is chosen to commemorate the day Mahatma Gandhi returned from South Africa to India in 1915.
• The theme of this year is ‘Contributing to Atmanirbhar Bharat’.

Recent development in this context:

Vaibhav Summit: 

• Vaishwik Bhartiya Vaigyanik or Vaibhav summit is an event to bring together resident and overseas scientists of India at a common platform. It is an initiative of the Ministry of Science and Technology, and Academic organisations of India.

• The objective  of the summit is to create a knowledge database and a culture of innovation through global outreach.

Indian diaspora’s  contribution as an asset to the country:

• Today Indian diaspora with its 18 million number across 136 countries is considered the largest diaspora community in the world.
• It  brings the highest amount of remittance i.e. $87 billion in 2021 in the world, of which the largest percentage comes from the Gulf countries.
• In other words, Indians contribute 13% of global remittances and the remittance sent by Indians back to India amounts to approximately 3.2% of the Indian GDP. 
• Similarly, the Indian diaspora’s contribution to the country of residence is also noteworthy. For e.g The Indian diaspora in the UK is almost 1.8% of the total population of the UK, but it contributes almost 6% of the total GDP of the UK.
• Global labour source: With one of the largest pools of relatively low wage semi-skilled and skilled labour, India can become a critical centre of global labour sources.
• Technological graduates: They are the engineering and management graduates, who are in high-value jobs majorly located in, but not limited to, the western countries like US and Europe.
• Diaspora acts as ‘agents of change’ facilitating and enhancing investment, accelerating industrial development, and boosting international trade and tourism.
• Soft Power – The spread of Yoga, Ayurveda, Indian spiritualism, Bollywood, Indian cuisine across the world has made India famous. It has even led to the revival of many lost relationships with many countries.
• Striving towards ‘Make in India’: This source of capital can be tapped by encouraging efficient Indian diaspora to invest in India. Also, taking advantage of their corporate leadership positions in the Silicon Valley and other technological sectors, Indian diaspora can be facilitated to contribute to the Indian economy by investing in the Greenfield and brownfield projects, as well as, portfolio investments in India.
• The Indian diaspora is expected to guide the policy-makers in the required direction to extract maximum benefit out of the changing global scenario. For e.g., the Vaibhav conference (see inset) of Indian scientists abroad has yielded many ideas for the benefit of India.

Recent developments made by Government of India:

• Merger of Person of Indian Origin (PIO) and Overseas Citizen of India (OCI) status-The merger of PIO and OCI has been a long-standing demand of the Indian community, which has been accepted by the government. Along with that, the Indian government has accorded many advantages to the OCIs by including them in the definition of Indian management control, in the context of sensitive industries. This will create investment opportunities for the diaspora.
• Launch of informative projects-Indian government is in the process of launching awareness generation portals like the Global Pravasi Rishta portal, to provide an instrument of connecting with the diaspora. It will be a dynamic communication platform to connect the diaspora with the Ministry of foreign affairs, Indian missions and the Indian diaspora abroad.
• Scope under Ease of Doing Business-The government has facilitated the rules and regulations that have significantly improved Indian ranking in ease of doing business from 130 to 66 in 2020. This creates a favorable environment for businesses to invest in India and also gives an opportunity to the diaspora to confidently create an outreach strategy in their areas of influence.

Way Forward:

• Increased investment-Diaspora should be treated at par with other Indian citizens, including the right to work, both in the private and public sectors, and the right to buy and sell property to attract talented persons into the public sector.
• An open window for Investments- Indian diaspora can be expected to open the doors of foreign markets to India. However, in the end, only the products which are of better quality, despite being cost-competitive, are expected to thrive in the market. Therefore, it is important for Indian manufacturing to be technologically advanced and invest in achieving economies of scale.
• Globalize migration-The Indian migration is concentrated in English-speaking countries for obvious reasons. The EU, Japan, Latin America and Russia should also be targeted over the next few decades. Also, there is greater scope for jobs at all skill levels in global transportation, health and home care.
• Communicating with the diaspora– It is important to make the diaspora feel respected if we expect them to contribute to the development of the country.

Reference: The Big Picture (Sansad TV)

Context  of the news:

• Recently, the Ministry of Civil Aviation has suggested to the other Ministries to promote effective use of Drone technology.
• This suggestion was made as part of the initiatives to make India a global hub for drones under the Atmanirbhar Bharat Abhiyan and in the backdrop of the Union Government rolling out the liberalised Drone Rules 2021.

Positive aspects of Drone technology

• Maintaining a safe environment– With their remote control abilities, Drones monitor locations, communicate possible hazards, and notify threatening conditions.such as oil and gas refineries,pipelines and flare stacks. Not only this, Drone Technology is employed in the military during high-risk periods as well. Their features allow them to obtain real-time data to create and preserve a safe environment.
• Cost saving technology – UAVs are no longer equipped only for the military, law authorities, or the elite. Since UAVs take over several workforces, vehicles, and operation activities in commercial uses, many costs are preserved. For example, a Drone is more economical to buy, sustain, and fuel than airplanes for inspections. In addition you don’t need to hire a ladder, aerial lifts, and other heavy equipment.
• Quality of Aerial imaging -With their high-resolution cameras furnished with top-notch sensors, UAVs can take excellent Aerial Photographs, aerial videos and accumulate large volumes of accurate data. The data obtained is transformed into detailed 3D Maps and 3D Models for a complete analysis. 3D Mapping is particularly relevant to disclose cracks, damages, or other hazardous elements in disaster areas. 
• Precision– UAVs appropriate GPS (the Global Positioning System) in their software, which is why they can be programmed and guided precisely to specific locations. For example, in Precision Agriculture, a Drone Aircraft is employed to perform many farming obligations like pesticide spraying, identification of weeds, monitoring crop health, crop damage, crop assessment, field soil analysis, Irrigation Monitoring etc. This feature of precision through the GPS conserves time and expenses for farmers.
• Monitoring: The drone technology in the SVAMITVA scheme launched by the Government of India, within less than a year, has helped about half a million village residents to get their property cards by mapping out the abadi (populous) areas.
• Drones can be used for real-time surveillance of assets and transmission lines, theft prevention, visual inspection/maintenance, construction planning and management, etc
• Easily controlled or deployable– Drones are open to a broad spectrum of operators. Unmanned aerial vehicles (UAVs) have a more comprehensive range of movement, fly lower in all directions, and can navigate effortlessly when contrasted to a crewed aircraft.
• Security -With relevant permissions and licenses, drone operators can utilize an Unmanned Aircraft System (UAS) to render safety and surveillance to private organizations, potential venues, and other expenses. Drones can also accumulate reliable information from natural catastrophes to support safety and recovery efforts.
• Minimizes obvious danger and health risks- The support of a Drone, numerous dangers like elevation, wind, weather, and radiation that were earlier suffered by crew members have been replaced with more viable and safer alternatives. Drones facilitate straightforward and secure inspections of towering and complicated constructions like oil and gas refineries, flare stacks, and pipelines.
• In depth and detailed data inplace – They capture high-resolution images or 4K videos that explicitly reveal cracks, damages, displaced wires, and additional defects that we cannot detect through our naked eye. UAVs allow obtaining complete data without endangering inspection crew members of the company.
• Flexibility for Quick inspections – Drones are suitable for both regular and emergency scenarios, the Construction Industry abides by these advantages, especially building developers for Rooftop Inspections. Drones can carry out multiple roles, such as capturing high-quality photos, videos, thermal images, etc. This data is then transmitted and processed immediately, as opposed to the time-consuming conventional method.
• Reach Hazardous Area – UAVs make obtaining efficient data from hard-to-reach locations a cakewalk for industry professionals. It is the most suitable alternative to overcome limitations of traditional methods regarding worker’s safety, especially in hazardous situations like radiation monitoring, inspecting high-voltage lines. Drones also allow a more cost-effective approach toward inspections of these locations.

Associated Issues of Drone technology

• Incidents of arms being dropped by drones are also there such as the recent Jammu drone attacks.
• Increased Risk of Armed Attacks: Operation of drones without any adequate legal backing can pose several security threats.
• They can be put to destructive use, to slam into critical targets, destroy infrastructure and so on.
• Paramilitary Not Exempted from the Rules: The drone rules 2021 are not applicable to the army, navy or the airforce. However, it still includes paramilitary forces. BSF is suffering a lot of issues due to the drones coming across the lines.
• Cheaper Cost Enables a Larger Population to Procure Drones and easily launch its use for legal or illegal actions.
• Delivery of Mass Destruction Weapons: The threat of them being used to deliver weapons of mass destruction.
• Procurement of combat drones by non-state actors poses a serious threat to the internal and external security of the nation.

Need of the hour

• Policing by government agencies using drones should be treated as data processing under India’s upcoming personal data protection law, and accordingly, must only be conducted pursuant to a clear, specific, and lawful purpose. 
• Further, government agencies that use drones for monitoring and surveillance should be classified as significant data fiduciaries, and should conduct a data protection impact assessment prior to commencing any policing activity using drones.
• Drone operations by government agencies must meet the requirements of legality, necessity, and proportionality to their objectives regardless of the exemptions obtained from any legislation. 
• Government agencies must be prohibited from hiring and renting drones owned and/or operated by private citizens. Public procurement through the release of tenders and requests for proposals increase transparency on the specifications and abilities of drones being used by government agencies.

Way forward

• Developing Anti-Drone System to counter unprecedented moves of the enemy across the borders or local use of drones for criminal/illegal operations.
• Training Programs: Professionals who train and teach drone pilots in India so that new aspects of the technology can be harnessed to its fullest.
• Balancing Security and Benefits: There is a need to ensure that the official  guidelines are in such a manner that the security concerns are not at all compromised at any cost. 
• Increasing Investments: India needs to invest in its own Unmanned Aerial Vehicle (UAV) systems and counter-drone technology to detect and track threats, especially around critical assets.

Reference- The Hindu Link