Content:
- The Looming Threat to Federalism and Democratic Tenets
- India, cross-border insolvency and legal reform
- Water woes
The Looming Threat to Federalism and Democratic Tenets
Introduction
The One Nation, One Election (ONOE) proposal aims to synchronise Lok Sabha and State Assembly elections. While proponents cite efficiency, critics warn it threatens India’s federal structure and democratic principles enshrined in the Constitution.
Relevance : GS 2(Federal Structure , Elections )
Practice Question : The proposal of One Nation, One Election aims to bring electoral efficiency but poses significant risks to India’s federal structure. Critically examine the constitutional and practical challenges associated with this proposal.(250 Words)
Historical Context: Disruptions to Simultaneous Elections
- Initial Practice: Simultaneous elections were conducted in the early years post-Independence.
- Disruption by Article 356: The imposition of President’s Rule, starting with Kerala in 1959, disrupted synchronized elections, signaling federal overreach.
- Misuse of Article 356:
- Dr. B.R. Ambedkar termed Article 356 a “dead letter” to be used sparingly.
- However, it has been invoked over 130 times since Independence, often to dismiss State governments for political reasons.
- The S.R. Bommai case sought to limit its misuse, but incidents of arbitrary dismissals persist.
Defections and Democratic Instability
- Threat of Defections: Elected governments have been destabilized by legislators switching sides due to enticements.
- Anti-Defection Law (52nd Amendment, 1985):
- Introduced to curb defections, but loopholes remain.
- Lack of a time-bound framework for Speakers to decide on disqualification petitions weakens the law.
- Provisions for “group defections” render the law ineffective.
ONOE: Constitutional Amendments and State Autonomy
- Proposed Constitutional Amendments: Articles 83 and 172, which guarantee five–year terms for Parliament and State Assemblies, would require amendments to implement ONOE.
- Impact on State Autonomy:
- State Assembly terms may be curtailed or extended to align with national elections.
- This adjustment reduces State autonomy and compromises the federal structure.
Federal Structure Under Siege
- Core of Federalism: The Indian federal system allows States to address localized issues independently.
- Impairment of Electoral Evaluation: Holding simultaneous elections may blur voters’ ability to evaluate State and national governments separately.
- Midterm ONOE Scenarios:
- If a State government falls midterm, the new government would serve only the remainder of the synchronized cycle, breaching the democratic principle of “one person, one vote, one value.”
- Truncated government tenures reduce the mandate’s value and disrupt governance.
Logistical Challenges of ONOE
- Enormous Electorate: India’s electorate exceeds 900 million, making synchronized elections a colossal task.
- Resource Burden: Aligning Lok Sabha, State, and local body elections would significantly strain the Election Commission, security forces, and administrative machinery.
- Voter Fatigue: Simultaneous elections may lead to confusion and fatigue among voters.
Addressing Core Issues First
Misuse of Article 356:
- The frequent invocation of President’s Rule undermines State governments’ stability.
- Mechanisms to prevent arbitrary dismissals must be strengthened.
Strengthening Anti-Defection Laws:
- Time-bound decisions on disqualification petitions are essential.
- Closing loopholes to prevent group defections is necessary.
Stability of State Governments:
- Ensuring that State governments serve their full terms without unnecessary interruptions is crucial.
Risks of ONOE Without Systemic Reforms
- Centralization of Power: ONOE risks becoming a tool for centralizing power in the Union government.
- Dilution of Federalism: Forcing States into a unified electoral cycle erodes their autonomy.
- Democratic Erosion: Implementing ONOE without addressing foundational issues could lead to governance disruptions and weaken democratic tenets.
Conclusion
While ONOE promises efficiency, it risks undermining the federal structure and democratic governance. Addressing systemic issues like Article 356 misuse, anti-defection law loopholes, and State government stability is essential before pursuing ONOE.
India, Cross-Border Insolvency and Legal Reform
Introduction
- The rise of international trade has heightened the complexities of cross-border insolvency.
- A robust legal framework is critical for economic stability, attracting investments, and facilitating corporate restructuring.
Relevance : GS 2 (Governance),GS 3 (Economy)
Practice Question : Discuss the need for a comprehensive cross-border insolvency framework in India. Highlight the challenges faced under the existing provisions and suggest reforms for effective implementation. (250 Words)
Historical Background
Pre-Independence
- Indian Insolvency Act, 1848: First insolvency law under British rule.
- Presidency-Towns Insolvency Act, 1909: Applied to Calcutta, Bombay, and Madras.
- Provincial Insolvency Act, 1920: Governed mofussil regions.
- These laws addressed domestic insolvency but lacked provisions for cross-border cases.
Post-Independence
- Insolvency laws remained unchanged despite recommendations by the Third Law Commission (1964).
- The 1990s economic liberalisation highlighted the need for modern insolvency laws.
- Various committees (Eradi, Mitra, Irani) recommended adopting UNCITRAL Model Law on Cross-Border Insolvency (1997).
Evolution of Cross-Border Insolvency Provisions
- IBC, 2016: Focused on domestic insolvency.
- Sections 234 and 235:
- Section 234: Reciprocal arrangements with foreign countries.
- Section 235: Letter of request to foreign courts.
- These sections remain non-functional due to lack of notification and reciprocal agreements.
Challenges in Cross-Border Insolvency
Case Study: State Bank of India vs Jet Airways (India) Limited (2019)
- Highlighted the absence of reciprocal arrangements.
- Exposed the non-notification of Sections 234 and 235.
- The provisions were termed as “dead letters” by the NCLT.
Expert Committees
- Insolvency Law Committee (2018)
- Cross-Border Insolvency Rules/Regulation Committee (2020)
- Both recommended adopting the UNCITRAL Model Law.
- Recommendations endorsed by the Parliamentary Standing Committee on Finance (2021 and 2024).
Issues Identified
- Ad Hoc Solutions: Protocols like the one in Jet Airways case are temporary fixes.
- Judicial Communication: Outdated methods hinder court-to-court coordination.
- Jurisdictional Constraints: Section 60(5) of the IBC restricts civil courts, leaving the NCLT as the sole adjudicating body.
- NCLT lacks power to recognise or enforce foreign judgments.
- Rule 11 of the NCLAT Rules, 2016, remains unimplemented.
Recommendations for Reform
Adopt UNCITRAL Model Law
- Ensures a structured approach to cross-border insolvency.
- Reduces judicial burden and transaction costs.
Implement JIN Guidelines (2016)
- Modernises court-to-court communication.
- Enhances transparency and efficiency.
Expand NCLT Powers
- Allow NCLT to recognise and enforce foreign insolvency proceedings.
- Address limitations posed by Section 60(5).
Conclusion
- India’s current cross-border insolvency framework is inadequate.
- Urgent legal reforms, including the adoption of the UNCITRAL Model Law, are necessary to address the challenges.
Water Woes
Findings from the CGWB Report
- The Central Ground Water Board (CGWB) report reveals a worrying increase in nitrate contamination in groundwater.
- Districts with excessive nitrate levels have increased from 359 in 2017 to 440 in 2023.
- Excess nitrate levels are defined as more than 45 mg/L.
- Nearly 19.8% of the 15,239 groundwater samples tested had nitrate levels above the permissible limit.
- Rajasthan, Karnataka, and Tamil Nadu reported the highest levels of nitrate contamination.
Relevance : GS 2(Governance ) ,GS 3 (Environment,Public Health )
Practice Question : Discuss the causes and impacts of rising nitrate levels in India’s groundwater. Suggest measures to mitigate this issue in light of environmental sustainability and public health. (250 words)
Health Impacts of Nitrate Contamination
- Methemoglobinemia (Blue Baby Syndrome): A condition in which red blood cells lose their ability to carry oxygen, especially dangerous for infants.
- Long-term Health Risks: Chronic exposure can lead to conditions such as cancer, thyroid issues, and birth defects.
Environmental Impacts
- Excess nitrate in groundwater can cause eutrophication in lakes and ponds, leading to algal blooms.
- Algal blooms reduce oxygen levels in water bodies, harming aquatic ecosystems and reducing biodiversity.
- This can disrupt local fisheries and aquatic–dependent livelihoods.
Regional Trends
- Rajasthan, Madhya Pradesh, Gujarat: Persistent nitrate problems due to geological factors.
- Southern and Central India: Rising nitrate levels, attributed to intensive agricultural practices.
- Fluoride and Uranium Contamination: Other significant chemical contaminants found in groundwater, particularly in Rajasthan, Haryana, Karnataka, Andhra Pradesh, and Telangana.
Causes of Rising Nitrate Levels
Agricultural Practices:
- Overuse of nitrogen–basedfertilizers.
- Poor irrigation practices causing nitrate leaching into groundwater.
Waste Management Issues:
- Improper disposal of sewage and industrial waste.
- Lack of adequate waste treatment facilities in rural and urban areas.
Geological Factors:
- Natural presence of nitrates in certain rock formations.
- Regions like Rajasthan have consistent nitrate levels due to geological reasons.
Groundwater Extraction and Chemical Contamination
- States with high groundwater extraction rates tend to have higher levels of chemical contamination.
- India’s overall groundwater extraction rate is 60.4%.
- About 73% of groundwater blocks are in the ‘safe’ zone, meaning water levels are replenished regularly.
- However, over-extraction remains a concern in regions with over-exploited blocks.
Government Efforts and Challenges
Monitoring Systems:
- India has developed a robust system to monitor groundwater health annually.
- The CGWB conducts regular assessments, providing valuable data on groundwater quality.
Policy Gaps:
- Despite scientific assessments, there is a lack of action by State governments to address contamination issues.
- Groundwater management policies need stricter implementation.
Public Awareness:
- Awareness programs are limited and lack engagement from top leadership.
- Greater involvement from both government and civil society is essential to tackle the crisis.
Recommendations for Addressing Nitrate Contamination
Agricultural Reforms:
- Promote the use of organicfertilizers and sustainablefarmingpractices.
- Implement precision farming to reduce excessive fertilizer use.
Waste Management:
- Upgrade sewage treatment infrastructure.
- Enforce stricter industrial waste disposal norms.
Water Treatment Solutions:
- Establish water treatment plants in nitrate-affected regions.
- Encourage community-led water management initiatives.
Policy and Governance:
- Strengthen groundwater regulations to control over-extraction.
- Ensure compliance with water quality standards at the State and local levels.
Public Awareness Campaigns:
- Launch mass awareness campaigns on the dangers of nitrate contamination.
- Involve educational institutions and community groups in spreading awareness.
