Pressure Groups

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Pressure Groups

Pressure Groups

This article deals with ‘Pressure Groups.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

What are Pressure Groups?

  • Pressure Groups are groups of people trying to pressurize the administrative-political system to protect and promote their interests. 
  • These groups operate outside formal governmental structures and focus on specific issues or causes.

How & why they were born in India?

Market Economy

  • In the market economy, there is a struggle over tax/tariffs and a race to get concessions from the government. Different business groups emerged (e.g. FICCI, ASSOCHAM etc., in India) to pressurize the government to make policies that serve their interests.

Welfare State

  • The government started to look after welfare functions, e.g. reservations in education & jobs.
  • Different groups emerged to safeguard their interests.

Political Angle

  • Politicians set their priorities according to the vote bank because they ultimately need votes to win elections. Hence, politicians will always favour landless labourers and workers because their number is more. 
  • In this case, Zamindars and Businessmen will try to protect their interests by forming a pressure group because, number-wise, they can’t win. 

Activist Angle

Pressure groups are also formed to protect the rights of people. E.g.,  

  • Narmada Bachao Andolan: To rehabilitate the displaced and protect the environment 
  • Mazdoor Kisan Shakti Sangathan in Rajasthan pressurized government to form RTI 

Political Party vs Pressure Group

Political Party vs Pressure Group
Political Party Pressure Group
They are permanent  They are temporary
They have a long-term vision & aim. They are formed on ideological lines, common values and preferences They have short-term & narrow vision. In some cases, they may focus on a single issue (for instance, opposing a planned road development). 
They have cadre based organization  They don’t have any cadre
Eg : BJP, INC, BSP etc. Eg : FICCI, ADR etc.

Type of Pressure Groups

The different types of pressure groups found in India are business groups, trade unions, peasant groups, student groups, teachers’ associations, caste and religious associations, women’s associations, etc.

1. Business Groups

  • Business Groups are the most important and organized pressure groups as they have enough resources to safeguard their interests.  
  • E.g., FICCI and the Associated Chambers of Commerce (ASSOCHAM).  
  • Business Pressure Groups exert pressure via funding parties. 

2. Trade Unions

  • Trade Unions are closely affiliated with political parties 
  • The main weapon of Trade Unions includes strikes and demonstrations.

3. Peasant Organizations

  • Peasant Organizations were present even before independence. But after the abolition of Zamindari & Green Revolution, they became very important. 
  • Examples of Peasant Pressure Groups include All India Kisan Congress, Akhil Bharatiya Kisan Sangh etc. But these peasant groups have been organized on a territorial basis. 
  • Their demands relate to procurement prices, fertilizer subsidies, electricity charges, etc.  

4. Student Organizations

  • Student Organizations are mostly affiliated with political parties. 
  • Examples of Student Pressure Groups include 
    1. National Students Union of India (NSUI) (affiliated with the Congress Party) 
    2. Students Federation of India (SFI) (affiliated with the Communist Party of India) 
    3. Akhil Bharatiya Vidyarthi Parishad (ABVP) (affiliated with BJP)   
  • They try to pressurize governmental policy on various crucial issues and their activities are not just confined to educational issues

5. Community Associations

  • The Community Associations are organized on the basis of caste, class and religion.  
  • These include
    1. Caste Organizations: Scheduled Caste Federation, Backward Caste Federation, etc.  
    2. Religion Organizations: Vishwa Hindu Parishad, Northern and Southern India Christian Conference, etc.   

Interest Groups vs. Cause Groups

Interest Groups 

  • Interest Groups are pressure groups representing a particular interest of society: workers, employers, consumers or religious groups, etc. 
  • Their membership is limited to people of that interest.
  • For example
    1. Trade Unions (like AITUC)
    2. Business Corporations (FICCI and ASSOCHAM)   
    3. Professional Bodies
    4. Regional Groups (like Bajrang Dal)
    5. Caste Groups (like Karni Sena, Jat Mahasangh etc.) 

Cause Groups

  • Cause Groups are based on a certain cause  
  • Causes range from charity, poverty reduction, environment, human rights, transparency in governance etc. 
  • Membership is open to all. Members are motivated by altruistic concerns   
  • For example
    1. Mazdoor Kisan Shakti Sangathan: Working for transparency in governance  
    2. PETA: Working for Animal Rights 
    3. India against Corruption: Working to end corruption in India 

Tools and Methods of Functioning of Pressure Groups 

These methods and tools can be broadly divided into following groups

Tools and Methods of Functioning of Pressure Groups

Meetings with Ministers and Civil Servants 

  • Ministers and Civil Servants are the centres of power.
  • Pressure Groups (like FICCI or ASSOCHAM) aspire to get in touch with them to get some sort of concessions.

Lobbying

  • Lobbying is the act of loitering in lobbies of  legislative assembly and influence decisions of law-makers
  • Pressure groups try to take their voice to the Parliament through MPs and MLAs as changes can be brought in details of the acts, and their issues can reach a larger audience through Parliamentary Questions. 

Funding Political Parties

  • All parties need funds to fight elections. Pressure Groups with financial strength can fund the political parties in the hope that they will safeguard their interest if they form their Government.

Direct  Action

  • Pressure groups may resort to direct action methods such as strikes, boycotts, sit-ins, and demonstrations to draw attention to their concerns and compel policymakers to address them. These actions aim to disrupt normal functioning to create pressure for change.

Coalition Building

  • Pressure groups often form alliances and coalitions with like-minded organizations and individuals to amplify their collective strength and impact.

Expert Testimony and Consultations

  • Pressure groups may provide expert testimony and participate in official consultations, committee hearings, and public forums to contribute their specialized knowledge and shape policy debates.

Media Engagement

  • Pressure groups utilize media channels, including print, electronic, and digital media, to disseminate their messages, highlight their concerns, and reach a wider audience. 

Research and Policy Analysis

  • Pressure groups conduct in-depth research and policy analysis to gather evidence, data, and arguments supporting their positions. They may commission studies and publish reports.

Litigation and Legal Advocacy

  • Pressure groups may resort to litigation and legal advocacy to pursue their goals. They file public interest litigations (PILs) in courts to seek judicial intervention and influence policy outcomes through legal means.

Role & Benefits of Pressure Groups

1. Representation to Unrepresented

  • Pressure groups provide voice to groups and interests that are inadequately represented during elections. 
  • For example
    1. Women’s organizations such as Self Employed Women Association (SEWA), NCW etc., worked for the formulation of women-friendly laws like the Protection of Women from Domestic Violence Act of 2005.  
    2. In the North-Eastern State of Manipur, Pressure groups such as ‘Just Peace‘ and  Meira Paibis (women’s groups)  are trying to influence the Government to listen to people’s genuine grievances.  

2. Policy Formulation

  • Pressure groups in India play a significant role in the policy formulation process.
  • For example
    1. Business Groups like FICCI and ASSOCHAM are consulted by the government while forming Business Policy
    2. Kisan Unions like All India Kisan Congress are consulted by the government while forming agricultural policies 
    3. Students Unions like ABVP, NSUI, AISF etc., are consulted by the government while forming education policies. 

3. Persistent check on the government’s power

  • Elections are held just once in 5 years. In such a situation, these Pressure groups keep a check on the government all the time.
  • In cases where the government oversteps its boundaries or violates the law, pressure groups can take legal action, direct action, or mobilize public opinion.

4. Education

Pressure groups educate people through political debate and discussion. They gather and disseminate information about their cause or issue of concern. E.g., 

  1. Association for Democratic Reforms (ADR) releases reports to educate people on political issues and elections.  
  2. Greenpeace is an environmental pressure group that educates people about environmental issues like pollution, deforestation, and climate change.  
  3. Internet Freedom Foundation (IFF) is an organization that advocates for digital rights, internet freedom, and privacy in India and educates people about online surveillance, data privacy, and censorship issues.

5. Other Benefits

  • Ensures pluralism in the representation of interests: In policy-making, you will find a group which demands a complete ban on tobacco to a group of tobacco manufacturers who is the pressurizing government not to implement such policies 

Points against Pressure Groups

Create Political Inequality

  • Instead of dispersing power widely, pressure groups tend to empower the already powerful. Pressure groups often have varying levels of resources, such as funding, expertise, and connections, which can give them greater access to decision-makers and policymakers.

Tyranny of the Minority 

  • Pressure groups aid in preventing the “tyranny of the majority.” However, pressure groups may create the opposite problem, i.e. Tyranny of the Minority.   
  • These groups sometimes ransack the whole state, e.g. Jat Agitation, in which property worth Billions was vandalized. 

Decreases the Legitimacy of the Government

  • When government work under pressure from Pressure groups, the common public loses trust in the government.

‘Behind the Scenes’ influence

  • Due to this, the governance lacks transparency and accountability.

Comparison of Indian and Western Pressure Groups

  • The pressure groups in the USA are regarded as the fourth organ of the government, while the Indian pressure groups are not yet able to play the same substantial role.
  • In India and Great Britain, Pressure Groups target cabinet and civil service. However, the targets of American pressure groups are Congress and its committees.   
  • Indian pressure groups based on caste, religion, region, etc., are more powerful than modern groups like business organizations which are powerful in Western nations.
  • In the USA, pressure groups are interested in foreign policy issues, while in India,  pressure groups are concerned more with domestic policy issues and problems.

MNREGA

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MNREGA

This article deals with ‘MNREGA.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

  • Government as an employer of the last resort is an idea that has existed since Great Depression in United States.
  • However, MGNREGA takes this policy to a new realm because of its massive reach, universal nature, and its initiation during a period of rapid economic growth.

About Program (prelims)

  • MGNREGA = Mahatma Gandhi National Rural Employment Guarantee Act (2005)
  • Under Ministry of Rural Development
  • Provides a legal guarantee for 100 days of employment  to adult member of any rural household willing to do unskilled manual work
  • It is demand driven scheme (not supply driven)
  • Wages are to be paid according to the Minimum Wages Act 1948 for agricultural labourers . Equal wages will be provided to both men and women.
  • 60:40 wage and material ratio has to be maintained ( labour-intensive nature of the scheme)
  • Central Govt pays  100 percent wage cost of manual labour & 75 percent of the material cost
  • Social Audit has to be done by the Gram Sabha (legal provision).

Achievements of MNREGA

  • Revitalization of Rural Labour Markets : Poor workers have got bargaining power to demand higher wages .
  • Women : Women are getting work as right leading to their emancipation  (dealt separately).
  • Sustainable Assets in water harvesting created especially in states like Bihar , Gujarat, Rajasthan etc . This also led to increase in agro productivity .
  • Hundreds of bonded labour (Saheriya Adivasis) in Rajasthan freed from generations of bondage. 
  • MGNREGA has reduced distress migration.
  • Has shown some unintended benefits => Banks account opened by poor workers because wages were paid through  banks (Financial Inclusion).
  • Empowering Gram Panchayats :  act gave gram Sabhas the mandate to plan their own works and untied funds to execute these works. No other scheme has placed funds at this scale (Rs 15 lakh per year on average) directly with Gram Panchayats.
  • MGNREGA has served as an important shock absorber for the rural economy by providing an important relief in times of distress eg distress situation created by drought .

Criticism

  • Corruption : workers not paid in full or forced to pay bribes to get jobs + ghost workers
  • Poor Quality Infrastructure : Roads and irrigation canals built by unskilled labour  are of very poor quality (₹ 3 trillion spent without tangible outcomes)  .
  • No attempt is made to impart skill among workers.
  • MGNREGA pushed up rural wages without having much of an impact on rural productivity. 
  • MGNREGA program has been found to distort labour markets
    • Construction companies complain that NREGA has affected the availability of labour  .
    • MGNREGA has contributed to farm labour shortage in states like Punjab & Haryana .

According to some experts whole ideology on which MGNREGA is based is flawed because it is trying to contain migration of labour. As B.R. Ambedkar pointed out nearly a hundred years ago, the real solution to rural distress is to be found in rapid industrialization as well as urbanization. Govt shouldn’t stop  time tested process of migration & instead provide more job facilities in urban centres.

Suggestions to improve

  • MGNREGA should have an intensified focus on marginalised communities in the most backward blocks
  • Emphasis  on skill development  
  • Act should  be linked with the Socio-Economic Caste Census to ensure better targeting. 
  • Fighting corruption through the use of IT and community-based accountability mechanisms
  • Suspend  the NREGA programme during peak farming periods
  • In order  to  create  the  productive  assets,  the  scheme  should  be  converged  with  related  programmes  in the department  of agriculture,  irrigation, animal  husbandry  and  road  transport.

Side Topic : Why  higher  women  participation  in  MGNREGA

Women  participation  in  the  flagship  rural  job  scheme  MGNREGA  has  clocked  around  51%  in financial  year  2015-16. 

  • Wage  differential:  in  informal  sector,  there  is  generally  greater  wage  differential  between man  and  women,  whereas  MGNREGA  provides  equal  wages
  • Work  near  to  home
  • Unskilled  work:  since  work  provided  in  MGNREGA  is  unskilled,  men  who  are  educated  or can  find  work  in  near-by  towns,  does  not  seek  work  and  women  from  household  take  part in  work.
  • Migration:  generally,  men    migrates  to  urban  areas,  leaving  women  behind who  in  turn  go  to  MGNREGA  
  • Work  place  facilities:  MGREGA  says  that  crèche  facility  must  be  made  available  at  worksite
  • Mobilisation  by  Self Help Groups  in  Kerala  and  other  organizations  in  Rajasthan.

This  show  that  if  equal  wages,  better  facilities  at  work,  working  facilities  closer  to  home  are  provided women  take  active  participation  in  work.  

Film Certification Issues

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Film Certification Issues

This article deals with ‘Regulatory Bodies.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Cases in news

2019 Nanak Shah Faqir certified by CBFC but not allowed to be screened in Punjab  
2018 Supreme Court in case related to Padmavat has laid down the law: Once a film has been cleared by the Central Board of Film Certification (CBFC), it has the right to state protection for screenings. States cannot suspend screenings citing law and order concerns. 
2017 Board refused to issue a film certificate to  Lipstick Under My Burkha (2017),  claiming film  portrayed a woman’s “fantasy above life” &  contained sexual scenes, abusive words, audio pornography that degraded the Indian culture. 

Central Board of Film Certification (CBFC)

How CBFC work

  • CBFC was created under Cinematograph Act, 1952 & is a statutory body
  • Main function = regulate the exhibition of films . 
  • Headquartered in Mumbai
  • Central Government appoints  non-official members and a Chairman who constitute the Board 
  • CBFC has  nine Regional Offices  . 
  • Upon receiving an application for certification, relevant regional officer appoints an Examining Committee. Body assign each film to one of the four categories –
    • U – Unrestricted public exhibition
    • A- Restricted to adults
    • UA –Unrestricted public exhibition (with word of caution that Parental discretion required for children below 12 years)
    • S – viewing by  special class of persons (for example: doctors)
  • If the applicant isn’t happy with the certification , he can apply to the Revising Committee
  • In case of persisting dissatisfaction ,  matter goes to independent Appellate Tribunal, whose members are appointed by I&B . Any further dispute goes to court.

Main Issues & Analysis

1 . Autonomy of CBFC

  • Cinematograph Act, 1952 empowers Central Government with overriding powers on censorship of films.
    • All members of CBFC including Chairman are appointed by and holds office “during the pleasure of the Central Government
    • Centre  can uncertify a film already certified.

2. Vagueness in language

  • Certification under Cinematograph Act, 1952 can be denied if it is against security of state, challenges sovereignty and integrity etc . All these are inline with restrictions on Freedom of Speech under Article 19(2)but  there is  no clause in Cinematograph Act that SC judgements on Article 19(2) should be kept in mind while making judgement. This create problem because CBFC interpret these terms vaguely and take upon itself the role of moral policing 

3. States overruling CBFC & Courts order

  • Even films with certificates have been stopped at the State level on a perceived threat to law and order. These include
    • Punjabi film Sadda Haq
    • Kamal Haasan’s Viswaroopam
    • Prakash Jha’s Aarakshan
    • Sanjay Leela Bhansali’s Goliyon Ki Rasleela Ram-Leela etc

4. Sticking only to Certification

  • CBFC does not always see itself as a certifying authority, but rather plays role of censor .
  • Even Shyam Benegal Report has suggested  that  CBFC should only certify a film.

Case for Censorship

A passage of a 1989 Supreme Court judgement (S. Rangarajan v P. Jagjivan Ram) says in part: “The combination of act and speech, sight and sound will have a strong impact on the minds of the viewers and can affect emotions. Therefore, it has potential for evil & Censorship by prior restraint is, therefore, not only desirable but also necessary.’’

Shyam Benegal Committee

Union Ministry of Information & Broadcasting constituted a committee headed by noted film-maker Shyam Benegal to look into revamping the film certification process by Central Board of Film Certification (CBFC).

Committee submitted its recommendations . Most important among them were

  • CBFC should only be a film certification body
  • In case, film goes beyond relaxation under Article 19(2), CBFC can deny certification. But  CBFC will have to give proper explanation
  • Members of Regional Boards which are selected by government should instead be selected by bodies like Film Federation of India (FFI), National Commission of Women (NCW) , National Commission for protection of Child Rights etc
  • More Categories : CBFC should be more specific and apart from U category
    • UA Category can be broken up into further sub-categories – UA12+ & UA15+.
    • A category should also be sub-divided into A and AC (Adult with Caution) categories.
  • In order to preserve Indian Cinema,  every applicant be asked to deposit the Director’s Cut in the NFAI(National Film Archives of India)  for preservation of Indian Cinema, instead of the certified version
  • Out-of-turn certification may be permitted for which the applicant would have to pay 5 times the fee 

Problems

  • Still not clear that whether Supreme Court’s judgement will be kept in mind regarding  Article 19(2) 
  • Similar recommendations were earlier given by committees like  Justice  Mudgal Committee in 2012  but nothing came out after that. 

Way forward

Government should quit the arena of film certification and let the body setup by Industry decide film certification. This is the model in place in all the democracies. In US , rating system is overseen by an industry body (Motion Picture Association of America) & difference in the potential box-office earnings of films allows filmmakers to make decisions based on market logic

Cricket Governance

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Cricket Governance

Following the spot match fixing scandal in IPL and the issue of extreme political interference in the working of BCCI, the Supreme Court (SC) had appointed a committee to look into the matter under the chairmanship of former CJI RM Lodha  The Committee suggested sweeping reforms in the troubled BCCI. 

2015 : Supreme Court appointed Lodha Committee to improve cricket administration in India.

Recommendations of Lodha Committee

Analysing Legalising Betting

July 2018 : Law Commission has reported to Government of India that since it is impossible to stop illegal gambling in India, the only viable option is to “regulate” it . Law Commission has recommended “cashless” gambling

  • Transaction between Gamblers to be linked to PAN & Aadhar card
  • Cap on number of gambling transactions
  • Regulations to protect vulnerable groups from exploitation

Present Law

  • The law— gambling is largely governed by the Public Gambling Act of 1867
  • Only  gambling in ‘games of chance’ is prohibited. Games of skill have no restriction. This distinction essentially means horse-racing is only sport in India in which gambling is legal. 

Other problem (legal)

  • Betting is a state subject — to legalise sports betting pan India,  each state have to make law legalising it separately .
  • A shorter route would be for the Council of States to pass a resolution stating that Parliament should legislate on sports betting in national interest.

Arguments that betting should be legalised

  • Gambling cant be eliminated and thrives underground . Hence, it is better to regulate it.
  • Taxing the gambling will generate revenue which can be used in public welfare measures (about ₹20,000 crore in tax revenue)
  • It will reduce money laundering
  • Western Nations have legalised it and results are good. We can take example from other countries & sports like betting on football is legal in UK and this has helped in making football Premier League more attractive & opportunity to fans to bid legally on their teams .
  • Gambling is not new to India and is part of Indian traditions.
    • Betting on Horse races already legal in India
    • Naradasamriti describes gambling as lawful amusement when carried in public gambling houses
    • Kautilya also says gambling should be done in regulated way

Arguments that betting shouldn’t be legalised

  • Not good especially in India due to huge poverty in India. Given the bitter results, many states have banned lottery in India, since poor people spend their money to test their fortune .
  • Gambling will lead to other social evils like alcoholism, drug abuse, sex trade etc .
  • Lessons learned from Mahabharata : Pandavas and teachings of Gandhi .
  • It’ll be very difficult for the government to curb illegal cricket betting as it is very efficient closed-door system (why to pay tax if underground betting provide same without paying tax) .
  • India can take example from Brazil where socio-economic situation is more like India . In  2014(near World Cup) Brazil realised it was missing out on a huge revenue generator, and  made betting legal . This led to gambling addiction, and even a rise in crime.
  • If cricket betting is legalised, there will be efforts to fix more games. It will be a nightmare for law enforcement agencies.

Jail Reforms

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Jail Reforms

This article deals with ‘Jail Reforms.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

  • Oct 2018 :  Supreme Court formed a committee on prison Reforms headed by former Supreme Court judge, Justice Amitava Roy. (But this is not the first time that such a body is being set up, example being the Justice A.N. Mulla committee )
  • June 2017 : murder of a women life convict in Byculla women’s prison over missing ration

Punjab Cases

  • March 2019 : IG PS Umranangal given special treatment in Jail in blatant violation of Punjab Jail Manual
  • Evergreen issue : periodic seizure of drugs and mobile phones from inmates
  • 2012 Bibi Jagir Kaur : Special treatment given to her in Kapurthala Modern Jail

Problems with Prison System

  • Overcrowding : occupancy rate at all-India level was 114 %
  • Jail Manual Problem
    • Outdated Jail Manuals prepared during Colonial Times.
    • Prison management is a state subject. Therefore, there are great variations in Prison manuals among different states.
  • Frequent cases of Custodial Deaths, Custodial Suicides & Custodial Rapes
  • Undertrials : Number of under-trials constitute 67% of total inmates (UK : 20%) with major reasons being lack of money to obtain bail or delay in trial. NHRC has called this a case of blatant Human Right violation 
  • Neglect of health and hygiene and giving Insufficient food and inadequate clothing
  • Focus on retributive justice rather than reformation and rehabilitation
  • Availability of drugs inside the prisons
  • Access to mobiles to prisoners to beat the communication protocol.
  • Influential prisoners get concessions  privileges and favourable exemptions like recent V.K. Shashikala Case (Tamil Nadu)
  • Difficulty of re-integration in Society : No Vocal Training and  psychological help given so that prisoners on release can re-integrate in society. Most of times, jails produce hardened criminals instead of reformed person

Solutions

  • Surveillance & Monitoring :
    • Supreme Court last year ordered to install CCTV cameras in all the prisons in the country.
  • Reforms in bail laws– so that bail remains a norm and jail an exception for all people not just rich and affluent. It will address problem of Overcrowding and Undertrials
    • May 2017 – Law Commission headed by Justice (Retd) BS Chauhan highlighted  once again that bail is the norm and jail the exception  but it’s application is limited to rich and affluent while people from lower socio-economic strata languish in jails. Commission recommended to make it easier for all those awaiting  trial to obtain bail
    • Law Commission has also recommended to Amend CrPC such that (268 Report, 2017)
      • Those detained for an offence that would attract up to seven years’ imprisonment be released on completing one-third of that period (currently , it is half)
      • those charged with offences attracting a longer jail term, after they complete half of that period.
      • For those who had spent the whole period as undertrials, the period undergone may be considered for remission.
  • Focus on reformation – provide them vocational training, employing them meaningfully after release, creating an open prison system for non-hard core criminals etc. should be tried
  • Upgradation and Uniformity in Manuals  –
  • Justice Mulla Committee suggested setting up of a National Prison Commission as a continuing body to bring about modernization of prisons in India.
  • Implement National Human Rights Commission (NHRC) Guidelines to Custodial Deaths  : FIR should be filed and all cases must be reported  to the NHRC within 24 hours of their occurrence . Erring prison officials should be given exemplary punishment . 
  • Make Comprehensive anti-torture legislation – Even Supreme court has told government to consider passing a comprehensive anti-torture legislation
  • Reintegration within Society : Parivarthana programme taken up in Andhra Pradesh has proved to be a boon to prisoners to reform themselves and lead a dignified life after their release from jail. Under this, Parivarthana Centres have come up at district jail and sub-jails.
  • Option of Open Jails can also be considered which follows rehabilitative approach instead of retributive one.

Office of Profit Issue

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Office of Profit Issue

This article deals with ‘Office of Profit Issue.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

What is Office of Profit ?

  • According to Articles 102(1) a and 191 (1) ,
    • Person shall be disqualified for being  a MP or MLA if he holds any “office of profit” under the government of India, a state or a union territory other than an office protected by law.
    • But term Office of Profit is neither defined in the constitution nor under Representation of People’s Act.
    • Legislatures kept on expanding the list of exemptions from disqualification 
  • Supreme Court in Pradyut Bordoloi vs Swapan Roy (2001), outlined the following questions for the test for office of Profit:
    • Whether the government makes the appointment
    • Whether the government has the right to remove or dismiss the holder
    • Whether the government pays the remuneration (salary or honorarium)
    • What are the functions of the holder and does he perform them for the government

Later : Not all but any one of above condition is sufficient to declare particular office as office of profit

Earlier Cases

2004 Jaya Bacchan v. Union of India : In 2004, Jaya Bachan, Rajya Sabha MP from the Samajwadi Party, was appointed chairperson of the UP Film Development Council (UPFDC) but she wasn’t receiving any salary . The apex court held that it was an Office of Profit, and disqualified her from being a member of the Upper House arguing that “an office which is capable of yielding a profit or pecuniary gain.” thus it is not the actual ‘receipt’ of profit but the ‘potential’ for profit that is the deciding factor in an ‘office of profit’ case.  
2006 In 2006, BJP MPs sought the disqualification of Congress president Sonia Gandhi from the membership of the Lower House for holding an Office of Profit. Sonia was then chairperson of the National Advisory Council (NAC). She resigned her Lok Sabha seat, recontested the election, and came back.

Legislative History

  • Concept originated in the House of Commons in England. King in his efforts to undermine the House of Commons, used to offer positions of executive nature with pecuniary benefits to its members and buy their loyalty. This practice kept the members out of the House most of the time . Hence, House of Commons passed a law prohibiting its members from accepting any office from the Crown
  • In Modern times, Constitutional theory envisages that the elected legislature exercises oversight functions over government. Therefore, if the legislators are beholden to the executive, the legislature can no longer retain its independence and loses the ability to control the Council of Ministers

=> Hence, main issue is not of Pecuniary Benefits but weakening of Principle of Separation of Power.

Arguments against MPs/ MLAs holding Office of Profit

  • Against Separation of Powers:  legislator cannot exercise control over Executive  of which he/she becomes a part.
  • Circumventing Constitutional Provisions : Office of Parliamentary Secretaries or other offices are used by state governments to circumvent the constitutional ceiling of 15 % (10% in case of Delhi) on the number of ministers they can appoint. 
  • Threat to Public Interest and National Security : Unlike ministers, the Parliamentary Secretaries are not administered under the Oath of Secrecy (Art 239 AA(4)), yet may be privy to such information which may threaten public interest or threaten national security.
  • Recommended by Various Committees : Various committees have spoken against it including 2nd ARC & V K Krishna Menon Committee
  • Used for Political Reasons without any benefit in governance : Chairmanships of Corporations, Parliamentary Secretary-ships of various ministries, and other offices of profit are often sops to legislators to satisfy their aspirations for rank, status and privilege and a way of buying peace for the government.

Side Topic : MPLADS

  • In 1993, the Central government started MPLADS, through which legislators can earmark a certain amount of public funds for projects in their constituency. The concept has been adopted by many states as MLALADS.
  • Argument was that elected MPs and MLAs know the needs of their electorate well and can be effective in allocation of resources.

Issue :Role of Legislators is to allocate the entire Central and State budgets, and to monitor the spending. They are expected to use their knowledge of ground-level issues in this allocation, and see that the funds are spent properly. By providing each of them a specific amount to spend on projects, their oversight role is weakened.

Suggestion of 2nd ARC : Schemes such as MPLADS and MLALADS should be abolished.

Current Issue : Parliamentary Secretary Cases

2016 – Article 239AA of the Constitution limits the number of Ministers in Delhi Government  to 10%  of the strength of Delhi Legislative Assembly (which is seven persons).

– They appointed  21 more MLAs as parliamentary secretaries — which will make 40 per cent of the membership have some type of an executive role. 

– Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997 was amended with retrospective effect to exempt the post of parliamentary secretary from the definition of the “office of profit”. However, Lt. Governor didn’t give assent to the amendment bill 
2017 Punjab and Haryana high court  quashed the appointments of four Haryana Chief Parliamentary Secretaries (CPSs).
2018 MLA’s in Delhi were disqualified by President for holding Office of profit.

Who are Parliamentary Secretary ?

  • Parliamentary Secretary is a member of the parliament in the Westminster system who assists a more senior minister with his or her duties.  Originally, the post was used as a training ground for future ministers.
  • Post has been created in several states now and then like Punjab, Haryana, Delhi and Rajasthan etc and by Act of State Legislature, they are declared to be out of disqualification

Main issues with this post ?

  • All the issues discussed in Office of Profit debate like impinging Separation of Power, Conflict of Interest etc are relevant here as well.

Points given in Support

  • Constitution allows a legislature to pass a law to grant exemption to any office of profit holder. In past, states and Parliament have done this as well. The Supreme Court in UC Raman case has upheld this. 

Sports Governance

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Sports Governance

Various reforms demanded in Sports Governance

  • Structured preparation for Olympics – Target Olympic Podium Scheme (TOPS) of Union Ministry of Youth Affairs and Sports to identify and support potential medal prospects for 2020 and 2024 Olympic Games.
  • Promoting grassroots level talent –  through Khelo India Scheme which include Khelo India School Games to recognise young talent as well as creating infrastructure for sports in Urban and Rural Areas
  • August 2018 : National Sports University Bill 2018 – National Sports University will be opened in Manipur to enhance country’s standing in sports
  • Use of Narcotics : Large number of Indian athletes fail in Doping tests which hits prestige of country. Most of cases are such that athlete is unaware of the fact that supplements he is taking are banned. Frequent workshops should be organised in this respect
  • Apply Lodha Recommendations to other sports : Acceptance of Lodha committee recommendations has generated awareness & generated demand for reforms in other games as well. The recommendations of Lodha committee which can be applied to sports in general are:
    1. Barring civil servants and ministers from becoming member of the sports federations and associations
    2. Limits on the duration of the tenure and number of times a person can become a member of sports bodies
    3. Former and existing Players should be associated with the bodies of their respective games
    4. Auditing of accounts should be done by CAG nominee
    5. Bringing sports bodies under RTI (Issue of BCCI under RTI is discussed in subsequent section).
  • Break the monopoly of cricket : Other games should be promoted as well. For this , approach should be regional on basis of where there are potential viewers . In end , we have to accept the fact that, today promoters encourage those sports only which can generate revenue and viewership . Eg : Promote
    • Football : North East , West Bengal, Goa, Kerala
    • Hockey : Punjab , Orissa etc
    • Wrestling : Haryana, Punjab , UP
    • Swimming : Coastal States
  • China Model : Our program to get medals at Olympics should be long . Like China, India should identify the potential junior players which can be trained for atleast decade to make a world class player out of him .

Police Governance

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Police Governance

This article deals with ‘Police Governance.’ This is part of our series on ‘Governance’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

  • Police in almost all states is governed by Police Act , 1861 which was made to secure & strengthen Raj. Now same is used by Government to strengthen its hold
  • There have been many number of commissions, both at the State and Central level – State Police Commissions, National Police Commission, Gore Committee, Ribeiro Committee, Padmanabhaiah Committee, Malimath Committee, to name only a few

Why in news?

This topic remains in news always. Eg :-

June 2020 Rage over custodial death of father-son duo in Tamil Nadu

Why do we need police reforms ?

  • Biggest problem is Political Interference .  
  • Economic progress cannot be sustained if we are not able to generate a safe and secure environment. 
  • Numbers: global average ratio of police-population is 270 to 1,00,000, where it is 120 in India. 
  • Low standard of Criminal Investigation
  • Human right violation : Inspite the known fact that Police indulge in Human Rights violations like custodial deaths and fake encounters ,but   convictions are few.  Eg : Tuticorin custodial killing case of 2020 in which father-son duo was killed by police leading to huge furore in the country.
  • Lack of expertise in Collection and analysis of preventive intelligence
  • Outdated arms and equipments: as seen in 26/11 attacks.
  • Lack of proper training.

Prakash Singh judgement,2006

Based on recommendation of various committees , SC gave broad guidelines to be implemented to reform Police in India

Directive 1

Constitute a State Security Commission (SSC) to:

  • Ensure that the state government does not exercise unwarranted influence or pressure on police
  • Lay down broad policy guideline and
  • Evaluate the performance of the state police

How State Security Commission will help

Prakash Singh Judgement

Directive 2

  • Ensure that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years.

Directive 3

Ensure that other police officers on operational duties (including SSP (incharge of District) & SHO ( in-charge of a police station)) are also provided a minimum tenure of two years.

Directive 4

  • Separate the investigation and law and order functions of the police

Directive 5

  • Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions  of police officers.

Directive 6

  • Set up a Police Complaints Authority (PCA) at state level to inquire into public complaints against police officers  .

Directive 7

  • Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and placement of Chiefs of the Central Police Organisations (CPO) with a minimum tenure of two years.

Are these directives implemented ?

  1. Almost no state seems willing to implement police reforms in letter and spirit. 17 states have passed new Acts while 12 have issued executive orders. But concerted efforts have been made by all to circumvent the SC directions . Thomas Committee, appointed by the Supreme Court to monitor the implementation of its directions in various states, in its report in 2010  deplored that “practically no state has fully complied with those directives so far, in letter and spirit”. 
  2. Main lynchpin of the directive was formation of State Security Commission (SSC)  with members from the government, judiciary and civil society. But 17 States which have made SSC , it’s composition is flawed . Most states have avoided having the opposition leader in  commission and independent members have been kept away.
  3. Most states have refused to give more than a one-year fixed tenure to DGP . Reasons for DGP’s removal tenure have been kept vague with grounds ranging from ‘public interest’ and ‘administrative exigencies’ to ‘any other reason’.
  4. Except Kerala and Karnataka, no state has provided for complete separation of law and order and investigation duties. 
  5. Centre, too, has been dragging its feet on the issue. It has as not yet set up the National Security Commission.

Parkash Committee Report  (June 2016)

Was formed in wake of riots in Haryana during Jat agitation in which property worth billions was damaged and more than 30 persons were killed.

  • It tells the story of institutional decay in the state’s bureaucracy.
  • Former chief ministers of the state centralised powers in their own office to extend that officials have started to look upto their political masters even to exercise their inherent powers. (there are some inherent powers which police officers can exercise on their own but situation has gone that far that officers arent exercising these powers on their own too)
  • Political interference in recruitment and postings has played havoc with the police force which has come to be dominated by the dominant caste of the state. The fallout of this was collusion with rioters, desertions and an obvious caste bias.

Modernising of Police Force Scheme

  • Launched in 2000 by Ministry of Home Affairs 

Aim

  • To modernize police  
  • To equip the police with the latest equipment  
  • To improve police mobility,  training infrastructure, computerisation and forensic science facilities.

Funding

  • Core Scheme
  • 60:40 ratio between Centre and States

But not much has come out of this scheme and CAG has also pointed towards this fact.

Side Topic : SMART Police

  • In 2014, Prime Minister of India gave an acronym of SMART police at  Guwahati Conference of the Directors General of Police which means:
    • S – Strict and Sensitive
    • M – Modern and Mobile
    • A – Alert and Accountable
    • R – Reliable and responsive
    • T – Tech savvy and Trained

Medical Governance

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Medical Governance

1 . Medical Council of India Issues

  • Medical Council of India (MCI) was established under Indian Medical Council Act-1933 and given responsibility for
    1. Maintaining standards of medical education
    2. Providing ethical oversight
    3. Maintaining the medical register
    4. Sanctioning medical colleges
  • MCI in recent times has been in the news for the wrong reasons
    1. In 2010, secretary of MCI , Ketan Desai, was arrested for accepting bribe in return for recognising a private college.
    2. March 2016 :  Parliamentary Standing Committee on Health noted that MCI has repeatedly failed on all its mandates over  years.
    3. 2016 – Supreme Court has appointed at 3 member committee headed by former CJI R M Lodha to oversee MCI.

Weaknesses in MCI

  • Corruption : Eg : Ketan Desai Case
  • Too much power concentrated in a single body (i.e.  MCI). 
  • Failure to create sufficient manpower : Doctor – Population ratio in India is 1:1700 as against the WHO norm of 1:1000. Need to produce more doctors
  • Conflict of Interest: MCI members are elected from the same medical fraternity that they have to control.
  • Failure to create a curriculum that produces doctors suited to working in Indian context especially in the rural health services and poor urban areas.
  • Devaluation of merit in admission due to prevalence of capitation fees
  • Heavy focus on nitty-gritty of infrastructure and human staff during inspections but no substantial evaluation of quality of teaching, training and imparting of skills.
  • Failure to instill respect for professional code of ethics in the medical professionals 

2. National Medical Commission Bill, 2019 (NMC)

Provisions of the act are

1 . Formation of NMC

  • It will replace MCI 
  • It will consist of 25 members, appointed by the central government

2. Functions of NMC

Functions of the NMC include:

  • Regulating medical institutions and medical professionals,
  • assessing the requirements of healthcare  human resources and infrastructure,
  • Ensuring compliance by the State Medical Councils (SMCs) of the regulations
  • framing guidelines for determination of fees for up to 50% of the seats in private medical institutions and deemed universities

3. State Medical Council

  • Each state will establish their respective State Medical Commission (SMC) having a role similar to the NMC, at the state level.

4. Four Autonomous Boards

Respecting Doctrine of Separation of Power

  • Under-Graduate Medical Education Board (UGMEB) and
  • Post-Graduate Medical Education Board
  • Medical Assessment and Rating Board (MARB) => For medical college regulation of fees, standards and permission to setup new colleges
  • Ethics and Medical Registration Board

5. Provisions regarding fees of medical students

  • Fees in private colleges can be regulated for maximum of 50% of seats

6. Community health providers

  • NMC may grant a limited license to certain mid-level practitioners connected with the modern medical profession to practice medicine.

7. NEET

  • Uniform National Eligibility-cum-Entrance Test (NEET) will be conducted for admission to under-graduate & post graduate medical education in all medical institutions regulated by the Bill.

8. NEXT

  • There will be a common final year undergraduate examination called the National Exit Test (NEXT) to obtain the license for practice and admission into post-graduate courses at medical institutions.

Concerns

  • Fee Capping Dilemma : Bill permits 50% of seats to be open for managements . NMC Bill will push the medical education completely away from the reach of deserving  people of lower socio economic class 
  • Two-thirds of the members in the NMC are medical practitioners.  Expert committees have recommended that the regulator should consist of more diverse stakeholders in order to reduce the influence of medical practitioners
  • Against federal setup: Previously, all the State governments had representation in MCI while in the NMC bill, only few States in rotation will have representation
  • Enforcing NEET might result in the mushrooming of expensive coaching centres . Southern states especially Tamil Nadu is against NEET

Lateral Entry in Civil Services

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Lateral Entry in Civil Services

This topic remains in news . Eg : In 2019 , UPSC has selected 9 professionals to work in the capacity of joint secretaries in the Government of India.  

Lateral Entry means people from outside the organization are also considered for recruitment at middle & higher level.

Why Lateral Entry?

  • Specialized knowledge , new Ideas, fresh energy, good practices and Innovative work culture comes in from diverse fields to insular bureaucracy
  • Induce competitiveness – Now Civil Servants have to compete with others too to reach at the top.  Lethargic attitude will diminish. So the prospects of lateral entry will always propel overall efficiency.
  • International Examples : Australia, Belgium, New Zealand,  UK,  Netherlands and  US follow this system successfully.
  • There have been government commissions and reports advocating the lateral entry of specialists.  6th Pay Commission, 7th Pay Commission, Niti Ayog  and Second ARC & Hota Committee (2004)  were unanimous on lateral entry.
  • Deficit of Middle Level Officers :  Baswan Committee (2016)  noticed overall 20% shortfall of IAS cadre officers and states are unwilling to send their officers on deputation to Central Government.  Lateral Entry can help in addressing this issue
  • Competitive federalism requires state and union to hire persons with specialized skills and knowledge for informed policy making
  • IAS officers get recruited at very young age when it is difficult to test potential administrative and judgement capabilities making it prone to both type I and type II errors ie some who are potentially good administrators fail to make it, and some who do make it, fall short of the requirements. Mid-career lateral entrants with proven capabilities will help bridge this deficiency.

With governance becoming increasingly complex, experts need to be at the forefront . Present Bureaucracy is seen as a monolith with no scope for improvement, self-serving & obstructionist license-quota Raj vestige. It is an argument well-known to students of public administration that Weberian bureaucracy is status-quoist, and is not fit to administer a chaotic, rapidly growing country . Hence, Lateral Entry can provide new lease of life to bureaucracy.

Current State Of Lateral Entry?

  • It  has been done but at a limited scale and at very high level.
  • Few examples are RBI  Governor & NITI Aayog Vice president
  • The idea of inducting exceptional talent from outside is not entirely new. K.R. Narayanan, India’s 10th President, joined the Indian Foreign Service at the behest of the then Prime Minister Jawaharlal Nehru, apparently without appearing for the qualifying examinations. He was strongly recommended by the renowned political theorist Harold J. Laski. Some recent examples include the appointment of Nandan Nilekani (Chairman of UIDAI), Montek Ahluwalia (Planning Commission) , Raghuram Rajan (Governor of the Reserve Bank of India) and various other experts in the Niti Aayog and other government bodies. 

Challenges For Lateral Entry?

  • Dangers for creation of Spoil System (Politically motivated selection)
  • Opposition from Civil Servants whose chances of promotion are reduced.
  • Short term lateral entrants can misuse their office when they occupy that post and later can misuse the insider information putting national security at risk.
  • Best talent can be attracted in civil services only if there is reasonable assurance of reaching top level managerial positions
  • Width and depth of field experience which the civil services provide is simply not available with outside talent
  • Civil services administrative framework has integrated the diverse country into a coherent whole. Therefore, we should not tamper with the framework
  • Lateral entry does open the risk and prospect of powerful corporate groups placing their men in key positions of government.
  • Issue of reservation : There are no provisions regarding Reservation in 10 Joint Secy Level posts (2018)

How it should be handled?

  • Transparency and accountability are two important factors that should not be underplayed in hiring lateral entrants. Discretion on lateral entry may pave the way to charges of being “politically motivated”, which may degrade the system.
  • A credible agency like the UPSC should be entrusted with the responsibility of recruitment. This would help avoid many pitfalls associated with general lateral entry.
  • For this, the ARC recommended the establishment of a Central Civil Services Board to deal with issues concerning lateral entries. But the body, which would have ensured a robust and accountable system of lateral entry, is yet to come into existence.