rehearse · 2020. 11. 17. · april2020 - green concept page 1 wrap-up monthly current affairs...

APRIL2020 - Green Concept

Wrap-upMonthly Current Affairs

Theme : Green / APRIL 2020

GOVERNANCE

CONTENTS

ECONOMY

SOCIAL ISSUES

ENVIRONMENT & ECOLOGY

INTERNATIONAL

SCIENCE & TECHNOLOGY

MISCELLANEOUS

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APRIL 2020 - Green Concept

1

GovernanceThis chapter is dedicated to the news

and issues pertaining to Governance in India.

Section - I : News in NutshellSection - II : ExplainedSection - III : Scrutiny


News in Nutshell

MPLADS is monitored at central level by the Ministry of Statistics and Programme

Implementation

Unlike most of the funds which lapse after expiry of financial year, funds under MPLADS do not lapse and carry forward to the next

financial year.

Under the scheme, a member of Lok Sabha can recommend expenditure in her own constituency only. In case of elected members of Rajya Sabha, as they do not represent a particular constituency and rather represent entire state, they can recommend development works in any part of the state. In case of nominated members of Rajya Sabha, as they do not represent any state, they can recommend such works in any part of India.

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Amid the COVID-19 pandemic, due to

economic concerns, Union Government has suspended the implementation of Members of Parliament Local Area Development Scheme (MPLADS) for a temporary period of 2020-21 and 2021-22. The consolidated amount of the fund for the two years will now go to Consolidated Fund of India for the purpose of COVID-19 relief expenditures.Under this scheme, central government sanctions annually a corpus of Rs. 5 crores for each MP so that they can recommend implementation of certain development works of local needs in their constituencies. The said

funds are transferred to respective states and works are executed by district authorities to whom MPs can recommend works. For suspending the scheme, government promulgated an ordinance. This action of government raised eybrows of many MPs as they felt how could executive take away a kind of privilege of MPs without approval of Parliament. It has been argued that ordinance route has been used to bypass the Parliamentary debate and scrutiny. This is not a new incidence where legislators leveled allegation on executive for diluting the established principle of separation of powers.

MPLADS suspendedUnion Cabinet has suspended the impementation of MPLADS temporarily

The section covers news in brief. However we always try to make news explanatory so that even a beginner can understand things. Alongside, we have also included a segment “BASICS” so that beginners may well appreciate and understand the news.

NEWS SELECTION | Team Rehearse

REFER SCRUTINY REFER SCRUTINY

Section - I


BASICS

MPLADS was started in 1993 in order to empower members of Parliament financially to recommend development works in their constituencies.

Emphasis was given on creation of durable community assets of local needs, like drinking water, public health & sanitation, primary education etc.On

similar lines, there is also MLALADS meant for members of Legislative Assemblies of states.

Separation of Powers

Governance is carried out by three wings of state;

Legislature to make laws and broad policies of

governance, Executive to implement them, Judiciary

to administer justice according to laws and to

protect constitutional values. All wings have their own domain of functions

and it is supposed that one wing does not encrouch upon functions of other.

This principle is known as Separation of Powers.

Consolidated Fund

The most important corpus of fund of

government where broadly, most of the incomes of

government, like through taxation or

other sources are deposited and most of the expenditures

are incurred.

Ordinance

We know law is made by Parliament (Legislature).

However a law can be enacted only when both houses of Parliament (Lok Sabha &

Rajya Sabha) pass the law. But there are certain times when either of the house is not in session and urgent

circumstances arise for need of a law. In such circumstances

President, that is executive wing of government, may promulgate ordinance as a temporary law which is

required to be approved by Parliament later.

WHY THE FUNDS UNDER MPLADS MOVED TO CONSOLIDATED FUND OF INDIA?

As we know that Consolidated Fund of India is the master fund of government from where most of the expenditures are done whereas

MPLADS funds are non-lapsable and at the disposal of state governments which may be used only for specific purposes. By doing so, central

government got rid of transferring money to states and enabled itself to spend money on other purposes, more probably, for COVID relief measures.

for absolute

beginners

!


State of Madhya Pradesh is facing a constitutional crisis. After fall of the Kamal Nath government, Shivraj Singh Chauhan sworned as the Chief Minister of Madhya Pradesh. But until now, no other ministers in his Council of Ministers has been appointed, that means, Council of Ministers in Madhya Pradesh is comprising only one member.

Constitution stipulates that the number of ministers including the Chief Minister in the Council of Ministers of a state shall not be less than 12. This is the reason behind the constitutional crisis in the state.

Reacting on the crisis in the state, voices were raised to impose President Rule in the state because of failure of constitutional machinery

here. Constitution empowers President to impose President Rule, in case state fails to work according to the provisions of constitution.

Interstingly, This provision is only in case of Councils of Ministers of states and not for the Union Council of Ministers. That is, minimum strength of Union Council of Ministers is not mandated by the constitution. The provision was added by the 91st Constitutional Amendment Act, 2003. The amendment also provided that maximum strength of Council of Ministers at the Union level or state level, shall not exceed 15 percent of the total number of members of the popular house. (Lok Sabha in case of Union and Legislative Assemblies in case of states).


Constitution stipulates number of ministers including the Chief Minister in the Council of Ministers of a state shall not be less than 12.

One membered Council of Ministers in Madhya Pradesh caused a constitutional crisis

91st Amendment of Constitution

MINIMUM STRENGTH OF COUNCIL OF MINISTERSIt stipulated minimum number of members of Council of Ministers of a state to be 12. Noticeably, it does not stipulate this requirement for Union Council of Ministers.

MAXIMUM STRENGTH OF COUNCIL OF MINISTERSThe amendment stipulates that Councils of Ministers at both state and Union level, shall not exceed 15 percent of the total number of members of the popular house.

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BASICS

Council of Ministers

You have often noticed various decisions of government, both central government and various state

governments. For all practical purposes, government means executive wing of polity. Executive

wing implements laws and policies made by Parliament. Under the Indian Polity, legislature meant

for making central laws is called Parliament comprising Lok Sabja and Rajya Sabha as houses. On

similar line, at state level, there are Legislative Assemblies and Legislative Councils jointly called

state legislatures to make state specific laws.

So when it comes to implement laws made by Parliament, it is the executive headed by President

to do so. But our democratic setup does not bestow President with real command. Instead, there is

a Union Council of Ministers choosen from amongst the members of Parliament and representing

the political party or coalition who has secured majority in Lok Sabha during elections. President in

most of the cases, is bound with the aid and advice of Council of Ministers, that is, the real face of

central government is Council of Ministers who works in the name of President. Similarly at state

level, it is State Council of Ministers or state government which implements state laws in the name

of Governor.

Both Council of Ministers at union and state levels are responsible to the popular houses, i.e., Lok

Sabha in case of Union and Legislative Assemblies in case of states. Popular houses mean that we

directly elect their members. ‘Responsible’ clearly connotes that it is the popular house which can

hold the council of ministers accountable and can vote to dismiss the council of ministers.

A Major change by the 91st Constitutional Amendment

Earlier there was no cap on maximum number of members of Council of Ministers. Our polity has

seen era of coalition governments where several parties unite to form governments. Here, in order

to please the parties and make government stable, large number of ministers were used to be

appointed which definitely increased the salary expenditure of government apart from other issues

like efficiency of government. Constitution was therefore amended vide the 91st (Constitution)

Amendment Act, 2003 and maximum number of members of Council of Ministers at both Union and

State levels were prescribed. The amendment also fixed minimum number of members of Council

of Ministers in case of states, probably for the reasons that governments should not be run alone by

influential politicians and there should be space for other capable politicians also.

for absolute

beginners

!



Government of Maharashtra is facing a unqiue crisis. Shri Uddhav Thackrey was appointed as Chief Minister although he was not a member of either of the houses of State Legislature. Constitution does not bar a person for appointment as a minister in Council of Ministers if he is not a member of either of houses of State Legislature. But at the same time, it is stipulated that the person so appointed as minister, has to get membership of either Legislative Assembly or Legislative Council before expiry of six months from the date of appointment, otherwise he has to resign from the Council of Ministers.

Shri Thackrey intended to contest election of the Legislative Council due for certain seats, however, during the pandemic, Election Commission showed inability to conduct elections in time. Therefore, Council of Minister of Maharashtra recommended Governor to nominate Shri Thackrey in the Legislative Council.However, no stand yet was taken by the Governor. Now, the six month period as mandated by constitution is ending on May 28, 2020. In case, he is not either nominated or elected in State Legislature, he has to resign. Whenever Chief Minister resigns, the entire Council of Ministers dissolves. The new Council of Ministers has to seek trust of Legislative Assembly again.

It is also argued that Governor may not accept recommendation of Council of Ministers or delay the matter. It is a well settled fact that nomination is not a discretionary power of Governor and he has to act on aid and advice of the Council of Minister. Therefore he is bound to abide by the advice. Any delay by Governor in taking stand on the recommendation, may raise the evergreen allegation that Governor is an agent of the Centre.

Shri Uddhav Thackrey was appointed as Chief Minister without having membership of state legislature but constitution requires his membership before expiry of 6 months from his appointment.

Maharashtra cabinet Maharashtra cabinet recommended nomination of its recommended nomination of its Chief Minister as a member of Chief Minister as a member of Legislative CouncilLegislative Council

REFER SCRUTINY REFER SCRUTINY

DID YOU KNOW ! Although Rajya Sabha and a legislative council of a state, both are having nominated members choosen from select fields, there is an additional field of Cooperative Movement from

which Governor may nominate a member . President may nominate persons in Rajya Sabha having special knowledge or practical experience in the fields of (1) Literature, (2) Science, (3) Art, (4) Social service where as Governor may nominate such persons from above mentioned fields as well as from the field of Cooperative Movement.


BASICS

LEGISLATIVE COUNCIL is the upper house of state legislature. It is constituted by way of indirect elections and nominations. There is a certain quota for nominations in which there is no election held and Governor may

nominate persons having special knowledge or practical knowledge in certain fields like literature, science, art, social service etc. . There is similar provision of nominations in Rajya Sabha. Barring a few circumstances, such

nominated members enjoy equal powers and priveleges as those enjoyed by elected members. There is no bar on nominated persons for being

appointed as a minister.

But why there is provision of Nominations?

In the Indian democratic setup, there is no special qualification for contesting central or state elections. Due to this, most often generalist

legislators are elected. By way of nomination, constitution gives scope to include some expert and specialist law makers. In addition, in order to give

representation of the specialist fraternity, for example artists, litereteur, scientists etc in the legislatures which they may not get through political

elections, nominations serve as a path.

for absolute

beginners

!

If they do not attend meetings of legislature?

They give utmost priority to their profession over legislative works?

Political parties themselves do not give importance to nominated members?

But what if

and what if the nomination provision is misused to make it window for entry of politicians for political gains?



against said MLA, Congress filed a Disqualification Petition before the Speaker under the provision of 10th Schedule of constitution. But the matter was kept pending until recent past.

A petition was also filed in the Supreme Court for the alleged deliberate delay by the Speaker in deciding the matter in order to favour BJP led government. Supreme Court intervened and ordered removal of said MLA from the post of Minister. Amid judicial

pressure, Speaker ultimately disqualified said MLA from the membership of Legislative Assembly.

This kind of delayed decision by Speaker or decisions in favour of ruling government is not a new incidence. There are numerous examples where in cases of disqualification, Speakers had acted in such a manner to favour the ruling party or coalition. It is a well settled fact that Speakers of lower houses are elected according to the will of the ruling party or coalition. In such case, inclination of Speakers towards the ruling party seems obvious. There is rising concern regarding impartiality of the office of Speaker.

The decision by Speaker came as mere formality after a judgment of Supreme Court to remove said MLA from the post of Minister in a petition contesting deliberate delay by the Speaker in deciding on his disqualification based on defection.

QUESTION OF DISQUALIFICATION ON DEFECTION : Presiding Officer of the house (Speaker in case of lower house and Chairman in case of Upper House) is the final authority to decide on issue of defection.

TIME LIMIT FOR DECISIONThere is no prescribed time limit for decision by the presiding officer.

JUDICIAL REVIEWOriginally the anti defection law kept decision of the presiding officer immune from the judicial scrutiny, however, through various judgments, Supreme Court made it clear that such provisions may qualify for judicial review.

Manipur MLA disqualified after a Manipur MLA disqualified after a long period scrutiny…….long period scrutiny…….

Manipur Legislative Assembly Speaker has finally disqualified an MLA for the charges of defection after a long pending petition since 2017.

After 2017 Legislative Assembly election of Manipur, Congress emerged as the single largest party. However, a coalition government was formed by BJP. Disqualified MLA, T Shyamkumar hailing from Congress joined BJP in the coalition government and got a ministerial post. Acting

REFER EXPLAINEDREFER EXPLAINED


BASICS

Disqualification of a member of legislature, be it Lok Sabha, Rajya Sabha or State Legislative Assembly or Legislative Council, means that the member

who has been elected or nominated to the house, no longer remains the member of the house. There are various grounds on the basis of which a

member may be disqualified. For example, he may be disqualified if he has been convicted in a criminal offence or he has done something which is

prohibited to do by the constitution or any law. In some cases, President is empowered by the constitution to disqualify the member and in some cases,

presiding officer of the house is empowered to do so.

What is defection?

Defectin simply means changing the original

party of affiliation. For example, if a candidate

gets elected from Congress and after such

election, he joins BJP, such swithing of party is called

defection.

There are occassions when an independent candidate

with no party affiliation wins the election. If he

joins a political party after election, it is also a kind of

defection.

Apart from these, persons with special knowledge

in certain fields are n ominated in the upper houses (Rajya Sabha/Legislative Council). If

they join a political party after nominations, this is also a kind of defection*

Anti defection law

Due to politics of getting power, Indian democracy

witnessed legislators switching their parent

parties. Such switching of parties was affecting

stability of governments. States were more

prone to such politically motivated defections.

In order to check such things, Constitution was

amended in 1985 by the 52nd Constitutional

Amendment Act and 10th Schedule was added in the constitution. This schedule had provisions

of disqualification of legislators in case of

defection. This schedule is popularly known as Anti Defection Law.

Presiding Officers

The anti-defection law empowered Presiding Officers

of the houses to decide on disqualification based on Defection. Here presiding officers mean, Speakers in case of lower houses (Lok

Sabha and state legislative assemblies) and Chairmen in case of upper houses (Rajya Sabha and state legislative

councils).

In case of defection, aggrieved political party files petition before the presiding officer

of the house to which defector belongs and then it is presiding officer only, who

takes decision and passes order of disqualification. In

cases of defection, there is no role of President or Governor.

for absolute

beginners

!

* We will be discussing it later in segment - Explained


EXPLAINED

Constitution provides several grounds for disqualificaiton of Member of Constitution provides several grounds for disqualificaiton of Member of Parliament or Members of Legislative Assemblies or Legislative Councils. Parliament or Members of Legislative Assemblies or Legislative Councils. Apart from the constitutional provisions, there are certain grounds of Apart from the constitutional provisions, there are certain grounds of disqualification mandated through Representation of People Act, 1951, disqualification mandated through Representation of People Act, 1951, like guilty in offences relating to election, conviction in criminal cases etc. like guilty in offences relating to election, conviction in criminal cases etc.

Article 102 of Constitution of India lists the grounds of Article 102 of Constitution of India lists the grounds of disqualification.The grounds worth discussion are ---disqualification.The grounds worth discussion are ---

(1) If the member holds any “Office of Profit” under Union or state (1) If the member holds any “Office of Profit” under Union or state government other than those under the constitutional scheme, for government other than those under the constitutional scheme, for example, a member may hold post of a Minister in the Council of Ministers. example, a member may hold post of a Minister in the Council of Ministers.

Please note that there is crucial role of Election Commission Please note that there is crucial role of Election Commission in deciding disqualification in this case. Election Commission after in deciding disqualification in this case. Election Commission after due scrutiny in the matter, recommends to the President, in case of due scrutiny in the matter, recommends to the President, in case of Member of Parliament or to the Governor in case of member of State Member of Parliament or to the Governor in case of member of State Legislative Assembly or Legislative Council for disqualifying the member. Legislative Assembly or Legislative Council for disqualifying the member. Interestingly, President or Governor, as the case may be, is bound to Interestingly, President or Governor, as the case may be, is bound to follow the recommendation of Election Commission.follow the recommendation of Election Commission.

You may have noticed that this is one of the circumstances where President or Governor is not bound to the aid and advice of Council of Ministers.

Article ByEditorial, Team Rehearse

Disqualification of members of Legislatures.

Section - 2The section contains in-depth explanation of various The section contains in-depth explanation of various provisions or setup relating to governance. We have provisions or setup relating to governance. We have tried our best to keep it focused, simple and well tried our best to keep it focused, simple and well grasping so that even a layman can understand grasping so that even a layman can understand the matter. the matter.

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Office of Profit


(2) On the ground of defection under the provision of Tenth Schedule :

Tenth schedule of the Constitution of India was added through the 52nd Constitutional Amendment Act, 1985. The schedule stipulates provisions of disqualification of a member of legislature on the ground of defection. For this very reason, 10th schedule is also known as Anti Defection Law. Under 10th schedule, a member is liable to be disqualified on following grounds : on

(a) If the member voluntary gives up the membership of the political party on whose ticket he was elected to the House; This is the most prevalent ground of disqualification under the anti defection law.

(b) If the member votes or abstains from voting in the House contrary to any direction given by his political party and his act is not condoned by the party within 15 days.

(c) if any independently elected member joins any political party.

(d) if any nominated member joins any political party after the expiry of six months of his taking oath as member. Clearly, a nominated member may join any political party before expiry of six months.

Speaker or Chairman of house, as the case may be, is the authority to decide on the disqualification of member in case of defection. No time time limit is stipulated for such decision by the Speaker or Chairman of the house. You must have noticed several cases where Speakers delayed decision on disqualification for a long period and allegations have been leveled that such delays were deliberate in order to benefit ruling party or coalition.

Originally, the anti defection law gave immunity to decisons of presiding officers from the judicial scrutiny. However, in various judgments, Supreme Court made it clear that decisions of Speaker on disqualification are judicial in nature to some extent and therefore such decisions are well within the scope of judicial review. Supreme Court asserts that that decisoin of Speaker in case of disqualification involves charge on the member by the Political Party filing disqualification petition and denial of charge by the member. Therefore any decision made by Speaker has bearing on the rights and obligations of both parties (Political Party and

Grounds of Disqualification

under Anti-defection Law

Role of Presiding Officer

Judicial Review


Grounds of Disqualification

under Anti-defection Law

Role of Presiding Officer

the member). Such decisions are called judicial and therefore decision of Speaker in case of disqualification is judicial. For this reason, office of Speaker acts as a Tribunal. Any judicial decision is open for appeal at the higher forum, that is before constitutional courts (High Courts and Supreme Court are called constitutional courts)

Exceptions of Disqualifications in case of Defection

(1) If members change parent party after a merger with another party : Take an example, most of the members of a Political Party “A” decide to merge with a larger Political Party “B”. As the decision is supported by majority of members, it may be construed as decision of Party A. However, according to Anti Defection Law, voluntarily giving up party’s membership leads to defection and subsequent disqualification of members of Party “A” despite the fact that party itself wanted such merger. In order to remove this bottleneck, such merger happening with consensus of at least two-third members of the merging party (say Party “A”) does not attract disqualification.

It is also important that those members who decide to remain with the original party (say Party “A”) are also not disqualified. You have often noticed merger of several small parties in bigger parties. This exception of the Anti Defection Law saves the members from disqualification. You should also remember the difference between a split and merger. For effecting merger, it is necessary that two third members of party agree to go with another party. If it is not so then it is a split in the party which does not protect outgoing members from disqualification.

(2) Another obvious exception is giving immunity of disqualification to the Speaker or Chairman of the house of legislature, who gives up membership of his party at the time of such appointment. He also enjoys immunity from disqualification when he re-joins his parent party after he ceases to hold such office.

Exceptions

Presiding Officer has to give up

his membership before assuming

her charge, but he gets

immunity from disqualifiaction.

Merger with 2/3 or more merging with

other party


SCRUTINY

Government of India has suspended the Member of Parliament Local Area Development Scheme or MPLADS for two years, in a move

to supplement funding of COVID-19 tackling efforts. But a faction of analysts believes that MPLADS should be scrapped forever. At the same time, there are voices who believe that MPLADS should not even be suspended and it should continue. Both factions have their own rationale for their arguments.

MPLADS came to being in 1993. The purpose was to enable legislators to execute small works of local nature to meet the urgent needs of their constituencies. Conventionally, an MP is a legislator and in this capacity he is concerned with making laws. He is also concerned with opposing any bill presented by executive, if he finds demerits in the bill. MPs are also concerned with passing budgets for governance. Apart from these, there is one important task of MPs - to examine the works of executive and by way of this, executive is held accountable to Parliament. Now question arises, how an MPs fulfils expectations of people of his constituency?

Article ByEditorial, Team Rehearse

Members of Parliament Local Area Members of Parliament Local Area Development Scheme grossly disturbs Development Scheme grossly disturbs the separation of powers scheme of the the separation of powers scheme of the constitution.constitution.

Section - 3The section contains in-depth scrutiny of various governance The section contains in-depth scrutiny of various governance issues remained popular in the month. We have tried our best to issues remained popular in the month. We have tried our best to keep it focused, simple and well grasping without compromising keep it focused, simple and well grasping without compromising the standard of contents. We are excited to put forth our the standard of contents. We are excited to put forth our scrutiny with an optimism that you will love the way things scrutiny with an optimism that you will love the way things are explained.are explained.

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Relevance questioned!


Ideally, an MP can raise probems and concerns of people of his constituency in Parliament or oppose any move of executive which goes against the will of people of his contituency. Now it is on executive to do the rest. Ideally, an MP could not even fulfil small local needs of people because he was not financially empowered to spend. MPLADS fulfilled this gap by way of giving certain financial power to MPs in order to meet small local needs of people of their contituencies.

You have often noticed people gossiping that ‘X’ MP is doing well. This evaluation by common people is often about the works got executed by him in his constituency and not for his role as a national legislator. MPLADS attaches goodwill with the MPs. It provides a platform for MPs to delilver directly to the people. Besides, it is also argued that MPLADS gives Legislators experience of executive works. This experience is useful in two aspects, firstly, better understading of executive functioning improves quality of examination of executive works at the Parliamentary platform. Secondly, legislators by virtue of this experience, get traininig for their political career as future executives as in Indian polity, ministers are legislators also.

Recent decision of Government of India for suspending MPLADS has been criticized by states citing that works under MPLADS were although recommended by MPs, the central funds were at the disposal of states and by MPLADS funds, certain development works were carried out in the states. Suspension of MPLADS deprived states from such additional central funds. But at the same time there are voices who supported suspension of MPLADS giving reason that this scheme is against separation of powers.

Constitution of India stipulates scheme of Separation of Powers, although not absolute, between Executive, Legislature and Judiciary. Separation of powers means that all the three branches of government, executive, legislature and judiciary are having their own separate domains of functions in which the other branches do not interfere. Precisely, legislature is entrusted to make laws and executive implements the laws made by legislature. Judiciary has task to administer justice according to law alongwith checking constitutional validity of executive actions and legislative laws.

Case against MPLADS

Case for MPLADS

against separation of powers


MPLADS gives an MP authority to recommend district administration a work within his constituency, which is actually an executive function. By assigning such executive function to a legislator goes against the principle of separation of powers. Legislators are primarily responsible for enactment of laws on the basis of detailed discussions in Parliament. They are responsible for keeping executive accoubtable for their actions by way of asking questions and through various Parliamentary Committees. These all require sufficient time and therefore in order to exercixe effective control over executive, principle of separation of powers are in place. When legislators give their crucial time in executive works like MPLADS, quality of legislative duties is obviously compromised.

MPLADS is also criticized for the reason that expenditure done under MPLADS is scrutinised by Parliament through CAG reports. This is against natural justice because legislators are scrutinising the works recommended by themselves only. Another noteworthy point is that most of the works carried out through MPLADS are under State List and actual expenditure under the scheme is done by state governments, whereas this expenditure is scrutinised by Parliament, which goes against the federal arrangement.

It is often argued that works under MPLADS are small in nature and most of the times carried out by Panchayati Raj Institutions and Municipal bodies. Instead, it would be better if MPLADS is scrapped and the central funds are allotted directly to PRIs and Municipal bodies. This will strengthen the finance of grass root democracy.

It is further argued that giving MPs hand to have choice in respect of expenditure under MPLADS leads to mis-management of funds. There are CAG reports which say that funds are misutilized or under-utilized. There are instances where a number of MPs utilized only a small part of funds allotted under the scheme. Recommendations of MPs are many a times reported irrational and with vested interests.

It is also argued that MPLADS has given existing MPs an electoral edge over the new election contestants. Works recommended by MPs under the scheme give them a goodwill and some times act like an election campaigning to please electorates.

hampers effective control over execcutive

against federal arrangement

mis-management of funds

facilitates election campaigning


The constitutional validity of scheme was also challenged before the Supreme Court on the grounds that it was against seperation of powers. Supreme Court upheld the scheme citing that India is not having absolute separation of powers. In parliamentary democracy, ministers are chosen from the legislators of winning party or coalition. Therefore minister representing executive are also legislators which goes against an odeal separation of powers.

Both the National Commission for Review of the Working of Constitution and Second Administrative Reforms Commission have recommended to scrap the scheme altogether. In case the scheme is abolished, the ideal way would be that states should not be deprived from the said funds and equivalent funds should be allotted to PRIs or other local bodies in order to boost grass root democracy. There could be one more way that fund may be named as Central Local Area Development Fund given at disposal of state governments and projects under it may be approved by a district committee with Member of Parliament as a member.

______________

Conclusion and suggestions


QUESTIONNAIREMULTIPLE CHOICE QUESTIONS


Q1. Consider the following statements about the Member of Parlia-ment Local Area Development Fund Scheme (MPLADS):

1. Under MPLADS, a Member of Parliament can only recommend an expenditure and has no spending powers.2. MPLADS is monitored and administered by Ministry of Parliamenta-ry Affairs3. Under MPLADS, emphasis is given on creation of durable community assets of local needs, like drinking water, public health and sanitation etc.4. Funds under MPLADS lapse after completion of financial year and reallocated thereafter.

Which of the above statements is/are correct?(a) 1, 3 and 4 only(b) 2,3 and 4 only(c)1 and 2 only(d) 1 and 3 only

Q2. Consider the following statements about the Member of Parlia-ment Local Area Development Fund Scheme (MPLADS):

1. A member of Lok Sabha can recommend work under the scheme within his constitutency only2. An elected member of Rajya Sabha can recommend work in any part of the state from which he is elected.3. Nominated members of Rajya Sabha are kept outside the purview of the MPLADS.Which of the above statements is/are correct?(a) 1 and 2 only(b) 2 and 3 only(c) 1 and 3 only(d) 1,2 and 3


Q3. Which of the following may be considered essentially a condition for disqualification of a member of Rajya Sabha under the provisions of An-ti-defection law?

1. Abstaining from voting in the house contrary to the instruction of the leg-islative party to which member belongs.2. A member independently elected joins a Political Party after election re-sults.3. A nominated member joins any political party.

Select the most appropriate answer using codes given below:(a) 1 and 2 only(b) 2 and 3 only(c) 1 and 3 only(d) 1 only

Q4. Which among the following constitutional authorities is competent to disqualify a member of Rajya Sabha in case of defection?(a) Chairman of Rajya Sabha(b) President of India(c) Chief Election Commission(d) Business Advisory Committee of the house

Q5. A member of Lok Sabha may voluntarily give up his membership of house by submitting his resignation to -(a) President(b) Speaker(c) Legislative party of affiliation(d) Election Commission

---------------------------------sample edition------------------------------------


QUESTIONNAIREESSAY TYPE QUESTIONS


1. Members of Parliament Local Area Development Scheme 1. Members of Parliament Local Area Development Scheme (MPLADS) grossly disturbs the separation of powers scheme of the (MPLADS) grossly disturbs the separation of powers scheme of the constitution.constitution.

2. 2. Is it high time to devise new mechanism to disqualify members of Is it high time to devise new mechanism to disqualify members of legislature under the anti-defection law? legislature under the anti-defection law?

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rehearse · 2020. 11. 17. · april2020 - green concept page 1 wrap-up monthly current affairs...

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