One Nation, One Election Bill

One Nation, One Election Bill

• The Constitution (129th Amendment) Bill, 2024, and The Union Territories Laws (Amendment) Bill, 2024 both give effect to "One Nation One Election" referred to the Joint Parliamentary Committee.
• The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024 proposes amendments and new articles to enable simultaneous elections for the Lok Sabha and State Legislative Assemblies.
• The Bill proposes adding new clauses so that if Lok Sabha is dissolved before the end of its full term, the next Lok Sabha will only be for the unexpired term
• A proposed sub-clause clarifies that the new House (formed after the mid-term election) will not be a continuation of the old one.
• Amendments similar to those proposed to Article 83 are proposed to Article 172 which concerns the duration of State Legislatures.
• Power of Parliament to make provision with respect to elections to Legislatures is addressed in Article 327 (Amendment)
• After the words "delimitation of constituencies", the words "conduct of simultaneous elections" are to be interted to this article.
• The Union Territories Laws (Amendment) Bill, 2024, proposes to amend the Government of Union Territories Act, 1963, Government of National Capital Territory of Delhi Act, 1991, and Jammu and Kashmir Reorganisation Act, 2019 to align the term of UT's Legislative Assembly with the Lok Sabha.

About Simultaneous Elections

• Simultaneous Elections (popularly known as One Nation, One Election) means holding elections to the House of the People, all the State Legislative Assemblies, and local bodies i.e., Municipalities and Panchayats, together
• Local bodies are not included in the bill.
• Simultaneous elections do not mean that voting across the country for all elections needs to happen on a single day.
• A high-level committee, headed by former President Shri Ram Nath Kovind, recommended a roadmap for holding simultaneous polls to Parliament, State Assemblies, and Local bodies.

Atrocities Against Scheduled Castes

• Cases of atrocities against Scheduled Castes are still occurring.
• Standing Committee on Social Justice and Empowerment has raised concerns over the failure of several States to establish the necessary mechanisms to effectively address these cases.

Scheduled Castes and Background

• Article 366 defines the term 'Scheduled Caste'.
• Under Article 341, the President may notify the Scheduled Castes for a state or UT after consulting the State governor (of the respective State).
• Parliament can amend this list by law.
• The term, "Scheduled Castes" was first incorporated into the Government of India Act of 1935.

Mechanism to tackle Caste based atrocities

• Constitutional:
  • Fundamental Rights: Article 14,15,16, 17.
  • DPSP: Article 46 (promotes the educational and economic interests of SCs) and Article 338 (National Commission for SCs)
• Legal:
  • Untouchability (Offences) Act in 1955: to punish the practice of untouchability. Later on, this was amended to the Protection of Civil Rights Act, 1976.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: It is a special law which deals with offences specifically committed against members of the SC/ST community in India - defined as "atrocities".
  • The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: This Act aims to eliminate the practice of manual scavenging and rehabilitate those engaged in it.
  • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015: It added new crimes of sexual offences against women of SC/ST under the ambit of atrocities.

Observations of Standing Committee on Social Justice and Empowerment

• Inefficiency in curbing atrocities against SCs: Several States have not been able to set up the requisite system to effectively implement Civil Rights (PCR) Act, 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
• Sanitation workers: The aim of National Action for Mechanised Sanitation Ecosystem Scheme (NAMASTE) is to ensure that there are zero fatalities in sanitation work in India have not been attained.

Need for Simultaneous Elections

• Financial Reduction: Conducting simultaneous elections could significantly cut down the financial costs associated with multiple election cycles.
  • This model reduces the expenditure related to the deployment of resources like manpower, equipment, and security for each individual election.
• Economic Impact: Asynchronous elections cause uncertainty and instability, thwarting supply chains, business investments and economic growth.

Bharatiya Vayuyun Vidheyak, 2024

• President granted assent to the Bharatiya Vayuyun Vidheyak (BVV), 2024 aimed at replacing the Aircraft Act, 1934 and modernizing India's aviation sector, enhance safety measures, and align with global standards.
• The Act sets up 3 authorities: Directorate General of Civil Aviation (DGCA); Bureau of Civil Aviation Security (BCAS) and Aircraft Accident Investigation Bureau (AAIB)
  • The central government exercises overall superintendence over these bodies.
• Power to issue Radio Telephone Operator (Restricted) Certificate and licence transferred from Department of Telecommunication to DGCA.

Concerns related to BVV 2024

• Lack of independence of DGCA: The central government exercises superintendence over DGCA unlike other regulatory bodies of telecom, insurance and electricity sector.
• Appellate System: Appeals against decisions of bodies like DGCA are limited to the Union Government, potentially affecting their efficacy.
• Arbitration: Unilateral appointment of Arbitrator by Government in cases related to compensation is seen to be violative of the Right to Equality (Article 14).

Aviation Governance in India

• The aviation industry in India is governed by the Ministry of Civil Aviation (MoCA).
  • Its primary responsibility is formulation of policy, rules, and regulations related to civil aviation operations in the country or related to international civil aviation operations from the country.

Organizations under Ministry of Civil Aviation

• Directorate General of Civil Aviation (DGCA): Regulatory body in the field of Civil Aviation, primarily dealing with safety issues.
• Bureau of Civil Aviation Security (BCAS): Responsible for laying down standards and measures for security of civil flights at international and domestic airports in India.
• Airport Authority of India (AAI): Promotes integrated development, expansion, and modernization of facilities at the airports in the country conforming to international standards.
• Investigation Bureau (AAIB): Investigates aircraft accidents.
• Airport Economic Regulatory Authority of India (AERA): Responsible for tariff regulation of aeronautical services, determining other airport charges and monitoring performance standards.

Key Initiatives for India's Aviation Sector

• National Civil Aviation Policy, 2016: Aims to make regional air connectivity affordable and convenient, establish an integrated eco-system etc.
• Vision 2040 for the Civil Aviation Industry in India: This is a strategic roadmap by Invest India outlining long-term goals and strategies for the development of the civil aviation sector.
• RCS-UDAN Scheme: Targets to operationalize 1,000 UDAN routes and revive/develop 100 underserved airports/heliports/water aerodromes by 2024.

Key legislations

• Aircraft Act 1934 (and Aircraft Rules, 1937): Regulates various activities related to civil aviation, and licensing of airports
• The Airports Economic Regulatory Authority of India (AERA) Act, 2008: Established an independent authority to regulate tariffs for aeronautical services delivered at airports and monitoring the performance standards of airports
• FDI Policy: 100% FDI is permitted in scheduled Air Transport Service/Domestic Scheduled Passenger Airline (automatic upto 49% and Government route beyond 49%).

Overseas Citizen of India (OCI)

• Ministry of External Affairs has dispelled concerns regarding OCI cardholders being reclassified as foreigners, confirming that the existing OCI rules remain unchanged.
• The OCI Scheme was introduced by amending the Citizenship Act, 1955 in 2005.
• Eligibility: Any foreign national, except a national of Pakistan or Bangladesh, who meets certain criteria.

Benefit of OCI Card

• Has multiple-entry, multi-purpose life-long visa to visit India
• Equality with NRIs in certain financial, economic and educational matters except for acquisition of agricultural or plantation land and in matters pertaining to inter-country adoption of Indian children
• Also, eligible for grant of Indian citizenship under Section 5(1)(g) of the Citizenship Act, 1955 after completion of 5 years as OCI card holder, provided they have resided in India for one year out of 5 years before making the application.
• Eligible to enroll in the National Pension Scheme (NPS) at par with Non Resident Indians.

Restrictions related to OCI cardholders

• OCI is not to be misconstrued as 'dual citizenship'. OCI does not confer political rights to vote.
• Not eligible to hold Indian constitutional posts: President (Article 58); for election of Vice-President (Article 66);judge of the Supreme Court (Article 124) and High Court (Article 217).
• Cannot be a member of the House of the People/Council of States/ Legislative Assembly/Legislative Council.
• Not eligible for public service positions in Union or State affairs, except for specific posts designated by the Central Government through special orders.

Process for removal of Rajya Sabha Chairperson

• Opposition has moved a motion of No-confidence against Rajya Sabha (RS) Chairperson.

• As per Article 64, Vice President shall be ex officio Chairperson of RS. About Constitutional Removal Procedure

• Notice Period: 14-day notice is to be given prior to moving a Resolution, outlining clear intentions.

• Passing of a Resolution: As per Article 67(b), VP can be removed from office by a resolution passed by RS with a majority of all its members and agreed to by Lok Sabha with a simple majority.

• Unlike provisions for removal of President, the Constitution does not specify grounds for removal of VP.

SC GUIDELINES ON MERCY PETITION

• Supreme Court (SC) issued guidelines on processing of Mercy Petitions to States/UTs
• Pronounced in the State of Maharashtra Vs. Pradeep Yashwant Kokade case, guidelines seek to streamline the mercy petition and death penalty execution processes avoiding undue delays, safeguarding convicts' legal rights, etc.

Major Guideline issued by the SC

• Dedicated Cells for Mercy Petitions: To be established by States and UTs to handle mercy petitions and process them promptly within the prescribed timeframe.

• Attachment of Judicial Officer: An official from the Law and Judiciary Department to be attached to the dedicated cell.

• Electronic Communication: Communications should be conducted via email to ensure efficiency, barring cases that require confidentiality.

• Execution warrants: To be issued by the State immediately after the death penalty becomes enforceable. About Mercy Petition

• Constitutional Framework: Constitution has granted the President (Article 72) and Governor (Article 161) the power to grant pardons or commute sentences.

  • SC in Maru Ram vs. Union of India (1981), established that the President must act based on the Council of Ministers’ advice in mercy petitions.

• Legal Framework: Covered under Section 472(1) of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

e-Courts Mission Mode Project Phase III

• Union Cabinet approved Phase III of the e-Courts Mission Mode Project

• The e-Courts Mission Mode Project phase III aims to usher in maximum ease of justice by moving towards digital, online and paperless courts through digitization of the entire court records.

• The e-Courts Project is under implementation since 2007 for ICT enablement of Indian Judiciary as part of National e-Governance Plan.

• Its phase I & II were implemented during 2011-15 and 2015-22 respectively. About the e-Courts Phase III

• Central Sector Scheme: For 4 years (2023 to 2027) with a financial outlay of Rs.7,210 crore.

• Objective: To create a unified technology platform for judiciary, thus providing a seamless & paperless interface between courts, litigants & other stakeholders. Significance of Digitalization of Courts

• Judicial Modernization: Enables data-driven decisions, fully digitizing justice delivery.

• Reducing case pendency: By integrating emerging technologies like AI, Optical Character Recognition, courts can improve efficiency and reduce pendency. Some Components of e-Court Phase III are:

• S3WAAS Platform: Supports secure and efficient data storage and access.

• e-Sewa Kendra: Offers electronic services and assistance to users.

• CLASS System: Facilitates live audio-visual streaming incourtrooms.

• Scanning and Digitization: The process of converting physical records into digital format.

• Cloud Infrastructure: Provides scalable storage and computing resources.

• Virtual Courts: Enables remote court proceedings through digital platforms.

Amrit Gyan Kosh Portal

• Amrit Gyan Kosh Portal on iGOT platform jointly developed by Capacity Building Commission and Karmayogi Baharat launched. About Amrit Gyan Kosh Portal:

• Purpose: Capacity Building Commission aims to empower educators and enhance the quality of public administration training across India.

• It encompasses diverse policy themes such as health, education, agriculture, and digital governance.

E-Daakhil Portal

• The Department of Consumer Affairs announces the nationwide implementation of the E-Daakhil portal. About E-Daakhil portal:

• It was first launched by the National Consumer Dispute Redressal Commission (NCDRC) in 2020.

  • NCDRC is a quasi-judicial commission set up under the Consumer Protection Act of 1986.

• It is an online platform that simplifies the consumer grievance process, allowing consumers to file complaints and track cases without the need to be physically present.

• The portal has been a key tool in promoting consumer rights and delivering timely justice.

The Boilers Bill, 2024 Passed in the Rajya Sabha

• The Bill replaces Boilers Act, 1923 and incorporates the provisions in consonance with the Jan Vishwas (Amendment of Provisions) Act, 2023.
• The Bill will ensure the safety of life and property of persons from the dangers of explosions of steam boilers.