PAPER II

1 POLITY

1.1 Hung Assembly -Goa & Manipur

1.2 Demanding St Status Narikuravars
1.3 Vote Tampering in EVMS
1.4 Electoral Bonds
1.5 Special Category Status
1.6 Babri Masjid Issue

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 GS PAPER II
1. POLITY
1.1 HUNG ASSEMBLY - GOA & MANIPUR
Why in news?
Governor of Goa ignored the established principle of inviting the single largest party and
appointed BJP leader Manohar Parrikar as the Chief Minister.

What is the situation?

The Congress has won 17 seats in Goa and the BJP has 13 MLAs in a House of 40.

The Governor did not consult the single largest party and invited BJP, who formed an
alliance, to form the government.

A similar situation has developed in Manipur.

Its Governor invited the BJP and allies to form the government, which won fewer seats than the
Congress.

These parties did not fight the election as part of a coalition.

So the Congress should have been invited first.

The BJPs claim should have been considered only if the Congress pleaded inability or failed the
floor test.

It should not be based on who forms the alliance faster.

Speed cannot be the overriding or pressing consideration for the governor while assessing a
partys claim to form government.

Therefore decisions by both the Governors reflect partisanship.

What are Sarkaria Commission recommendations?

The Constitution of India does not mandate any procedure to be followed by the
Governor, in case of hung assembly.

The convention of inviting the single largest party in such a case has been outlined
by the Sarkaria

Commission, which studied Centre-state relations in the 1980s.

It specifically dealt with the situation where no single party obtained absolute majority.

It provided the order of preference the Governor should follow in selecting a CM in such a
situation
1.An alliance of parties that was formed prior to the elections.
2.The single largest party staking a claim to form the government with the
support of others, including independents.
3. A post-electoral coalition of parties, with all the partners in the coalition joining
the government.
4. A post - electoral alliance of parties, with some of the parties in the alliance
forming a government and the remaining parties, including independents,
supporting the government from outside.

They were affirmed by a Constitution Bench of the SC in Rameshwar Prasad v Union of

India in 2005.

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What are Punchhi Commission recommendations?

The Justice M.M. Punchhi Commission on Centre-State Relations in 2010

laid down some guidelines to be followed in the appointment of a chief minister
by a governor.

It also said the governor should invite the leader of a pre-poll alliance
commanding the largest number or the largest single party to form the
government in case no party or pre-poll coalition has a clear majority.

According to Bommai judgment, such a CM must prove the majority on the floor
of the assembly.

What was SCs ruling?

Congress filed a petition challenged the Governors decision in the Supreme Court.

SC asked the BJP government in Goa to prove its majority within 48 hours, instead
of the 15 days time given by the Governor.

But it was a half-measure.

It should have upheld the principle of inviting the single largest party first.

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 1.2 DEMANDING ST STATUS NARIKURAVARS
What is the issue?

The Constitution ensures certain protection and benefits for communities deemed as
having Scheduled Tribe (ST) status.

Social and political mobilisation has led to the increase of number of STs 225 in 1960 to
700 today.

As the number of communities demanding ST status expands, it brings the criteria of the
recognition and the legitimacy of the process under scrutiny.
What does the constitution say?

The Constitution only states that STs are specified by the President after consultation
with the Governor.

It does not define or specify a particular criterion.

According to the Ministry of Tribal Affairs, the criterion includes

1.Indication of primitive traits,
2.Distinctive culture,
3.Geographical isolation,
4.Shyness of connect with the community at large &
5.Backwardness

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Who are Narikuravars?

Many communities try to prove themselves as meeting the criteria, to avail of the benefits of
being accorded ST status.

One such group is Narikuravar.

They are a semi-nomadictribe, originating in Northern India before migrating south to

TamilNadu.

They share religious, cultural, and political characteristics of the Roma groups in Europe

Traditionally hunters, they were mostly providing security for kings.

However, once invaders took over they became nomadic and retreated into forests, where they
preserved their traditions.

When hunting became illegal, they startedliving at the margins of the society in dire
poverty, making and selling small ornaments.

What is their present socio-economic status?

It has high levels of illiteracy, multiple health challenges, and unemployment.

Currently, there are about 8,500 Narikuravar families in Tamil Nadu i.e less than 1% of their
population.

The government classifies them as a Most Backward Class community.

Such a classification leads to the assumption that they have a higher chance of being
above the poverty line than communities recognised as STs.

Due to this classification, they have been competing for access to government benefits
with nineteen other larger communities with higher socio-economic status.
Do they satisfy the criteria for STs?

Their nomadism across rural and urban areas is against the criteria of geographical
isolation.

Narikuravar sell their products to the community at large. So they might not display
shyness of connect.

But since these criteria are not explicit, it is difficult for the community to formulate clear
political demands.
What does it signify?

The betterment of obviously disadvantaged groups like Narikuravar rests on discretionary

political acts.

This is because there is no well-developed, transparent criterion and a clear definition of

what makes groups eligible for ST status.

Such criteria with specific economic and social data should be developed.

It can help compare communities requesting ST status with other STs and to the Indian
population at large.

1.3 VOTE TAMPERING IN EVMS

Why in news?
BahujanSamaj Party (BSP) chief Mayawati decided to move court against the alleged
tampering of Electronic Voting Machines (EVMs).

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Why EVMs cant be tampered?

Connectivity - Indian EVMs are not connected to the internet, so hackers cannot tamper with
Indian EVMs.

Scale - The BBC report that an American had hacked Indian EVMs is false. The American
opened one EVM, changed some parts, and hacked the new parts he had put in the machine. It is
impossible to access hundreds of thousands of EVMs in India.

Security - They are also guarded by troops and by representatives of all political parties as well.

Sequence It isn't possible to programme the EVM at the manufacturing stage to record
all votes for one candidate. Nobody knows what order the candidates or parties will be listed
on the EVM till after the last date of withdrawing nomination papers. That means the order of
buttons is known for about two week. It would be far too little time to manipulate the buttons.

Specific EVMs are assigned to constituencies in a randomized matter pretty late in the
day, and in the presence of representatives of all parties.

Ballot paper-based voting is subject to much more fiddling and manipulation. A party can
capture polling booths and stamp all the ballot papers in their favour.
What can be done?

Election Commission has devised EVMs with a paper trail called Voter-verifiable paper audit
trail (VVPAT).

In this a voter immediately gets a printout of her vote, which is then deposited in the
ballot box. So, every voter can see whether her vote has been registered correctly.

This can be used to recheck in case of controversy.

This can be used to mitigate the suspicions.

1.4 ELECTORAL BONDS
Why in news?
Electoral Bonds have been proposed as a way of reforming election funding in the Union
Budget 2017.
What is an Electoral Bond?

Electoral bonds will be issued by a notified bank for specified denominations.

Those who want to donate to a political party can buy these bonds by making
payments digitally or through cheque.

Then they are free to gift the bond to any registered political party.

The bonds will likely be bearer bonds & the identity the donor will not be known to the
receiver.

The party can convert these bonds back into money via their bank accounts.

The bank account used must be the one notified to the Election Commission and the
bonds may have to be redeemed within a prescribed time period.

The issuing bank will remain custodian of donors funds until political party redeems the
bond.

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Why is it important?

Most political parties use the negligent regime on donations to accept cash
donations from anonymous sources.

Nearly 70% of the 11,300 crore in party funding over the past 11-year period came from
unknown sources.

Currently, political parties are required to report any donation of over 20,000 to the IT
department.

But there has been a trend of more donations flowing by way of hard cash in smaller
amounts.

To fix this, the Budget has proposed to reduce the disclosure limit to 2,000 and insists that
any amount over this must be paid through cheque or the digital mode.

The idea is that electoral bonds will prompt donors to take the banking route to
donate, with their identity captured by the issuing authority.

What are the problems in electoral bond?

While the identity of the donor is captured, it is not revealed to the party or
public. So transparency is not enhanced for the voter.

Also income tax breaks may not be available for donations through electoral bonds.

This pushes the donor to choose between remaining anonymous and saving on taxes.

Also privacy of the donor is compromised as the bank will know their identity.

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1.5 SPECIAL CATEGORY STATUS
What is the issue?
Manipur is about to lose the special status on the basis of the Fourteenth Finance
Commission recommendations.
What is Special Category Status?

The Constitution does not include any provision for categorisation of any State in
India as a Special Category Status (SCS) State.

SCS was introduced by Fifth Finance Commission in 1969.

It provides for additional Central assistance and tax concessions.

What kind of assistance do SCS States receive?

Following the constitution of the NITI Aayog and the recommendations of the 14 th
Finance Commission (FFC), Central plan assistance to SCS States has been
subsumed in an increased devolution of the divisible pool to all States.

They enjoy concessions in excise and customs duties and income tax rates.

Besides, assistance to Centrally Sponsored Schemes for SCS States was given
with 90% Central share and 10% State share.

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Why A.P. claimed for SCS status recently?

Following the bifurcation of A.P., Andhra lost a large volume of its revenue due to Hyderabad
remaining the capital of Telangana.

In a 2014, the then Prime Minister of India had said that SCS would be extended to the
successor State of Andhra Pradesh for a period of five years.

This oral submission has been the basis for A.P.s claim to the status.
What has been the Centres response to A.P.?

A.P. does not qualify as a Special Category State. It has neither geographical disadvantages nor
historical disadvantages such as socio-economic and infrastructural backwardness.

Hence offering it the SCS would give impetus to every other state to demand for the same.

Instead,Centre announced a package to grant special assistance to Andhra Pradesh.

Here an amount equivalent to what the state might have got as a special category state will be
compensated by Centre through externally aided projec ts for five years.

The special package offered meets most of the reasonable expectations of a State struggling to
recover from bifurcation and dealing with the imminent loss of the capital city and its revenues.

It included Polavaram irrigation project declared a national project i.e Centre would meet the
financial needs.

Also, Central Board of Direct Taxes (CBDT) would issue two specific notifications on
tax concessions being extended to A.P.

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What does it mean for Manipur?

Loss of special category status would mean that Manipur would no more get the 90%
Central grants assistance.

It would now get only 30% Central grant and the remaining has to be either
arranged by itself or taken as loan from the Centre.

Chief Minister of Manipur acknowledged the hit on states finances due to restructuring of
central assistance to the state.

Even though higher devolution of taxes was positive for the states finances, it was not
enough to meet the states Plan revenue expenditure.

1.6 BABRI MASJID ISSUE

Why in news?

Chief Justice of India said the Ram Janmabhoomi-Babri Masjid title suits were a matter of
sentiments and religion that were best resolved amicably, preferably without intervention
by the courts

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What the CJI has said?

In 2010, the Lucknow Bench of the Allahabad High Court directed that the site
occupied by the Babri Masjid before its demolition should be divided three ways
equally among Muslims, Hindus and Nirmohi Akharagroup of Hindu Sadhus.

Recently a three-judge bench heard a petition by a BJP MP challenging the 2010 ruling
to split the disputed land.

The Supreme Court suggested an out-of-court settlement since its a matter of religion
and sentiments.

CJI said the court will ask any person to mediate who is acceptable to all sides.

However, at least 5 earlier attempts at resolving the decades-old quarrel through

negotiations have not been successful.

Whats the dispute?

It is about a plot measuring 2.77 acres in Ayodhya that houses the Babri mosque and
Ram Janmabhoomi.

This land is considered sacred among Hindus as believed the birthplace of Lord Ram.

Muslims argue that the land houses Babri mosque, where they had offered
prayers for years before the dispute erupted.

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The controversy is over whether the Babri mosque was built on top of a Ram temple
after demolishing or modifying it in the 16th century.

Muslims, on the other hand, say the mosque was built by Mir Baqi in 1528 and that
Hindus took control over it in 1949, when some people placed idols of Lord Ram inside
the mosque.

What are some of the important incidents happened?

In 1853, he first recorded incident of violence over the holy site takes place during the
reign of NawabWajid Ali Shah of Awadh.

In 1984, Hindu groups form a committee to spearhead the construction of the Ram
temple at the Janmabhoomi site.

In 1990, Volunteers of the VHP partially damage the mosque.

The then PM intervenes and tries to resolve the issue through negotiations, but these
fail.

On 6 December 1992,a large crowd of Hindu karsevaks (volunteers) demolished

the 16th-century Babri Mosque in the city of Ayodhya. The demolition occurred after a
political rally at the site turned violent.

This leads to some of the most deadliest riots across the country, leading to the deaths
of more than 2,000 people.

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On 6 December 1992,a large crowd of Hindu karsevaks (volunteers)
demolished the 16th-century Babri Mosque in the city of Ayodhya. The demolition
occurred after a political rally at the site turned violent.

This leads to some of the most deadliest riots across the country, leading to the
deaths of more than 2,000 people.The central government, headed by P V
NarasimhaRao, sets up a commission of enquiry under Justice M S Liberhan on
December 16.

The High Court orders the Archaeological Survey of India (ASI) to excavate the
site to determine if it was earlier a temple.

The ASI begins the survey to determine whether a temple existed on the site.

It finds evidence of the presence of a temple under the mosque. Muslim organisations
dispute the findings.

In 2010, the Allahabad High Court pronounces its judgment on the four title suits
relating to the dispute and said that the disputed land be divided into three parts
equally.

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