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Aadhaar Bill: Passage and its Characteristics

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aadhaar bill

On 16, March Lok Sabha, while rejecting the five amendments suggested by the opposition members of the Rajya Sabha, passed the Aadhaar (Targeted Delivery of Financial and other subsidies, Benefits and Services) bill, 2016 through a voice vote in its original form.

Since the Government had introduced the Bill as a money Bill, it could not be rejected or amended by the Rajya Sabha. Although the Upper House, the Rajya Sabha, can only recommend for amendments, the Lok Sabha has got the power to decide not to return money Bill within 14 days after receiving it from Lok Sabha, family which the bill is considered passed by the Upper House (Article 109 of the Constitution of India).

Jairam Ramesh, the Congress MP in Rajya Sabha and the author of all amendments passed by the Rajya Sabha had, in fact, proposed nine amendments got 76 votes in support and 64 against; two more received 77 votes in support and 64 against; whereas one remaining amendment got 76 votes in favour and 65 against.

The amendments suggested a provision to permit a person to “opt out” of the Aadhaar system even if she or he is already enrolled; and another provision to ensure that if a person decides not to be part of the Aadhar system, she/he will be catered “alternate and viable” means of identification for purposes of Government subsidy, benefit or service.

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Another amendment demanded to restrict the use of Aadhaar numbers only for targeting of Government benefits or services and not for any other purpose.

Another of the amendments solicited to change the phrase “national security” to “public emergency or in the interest of public safety” in the provision defining situations in which disclosure of identity information of an individual to certain law enforcement agencies can be permitted. According to the author of the suggested amendments the tern “national security” was a “loose” term likely to be misused while interpreting it.

Main Features of the Bill

The Bill has incorporated, in the context of Data Security, the provision to guarantee the security, confidentiality of sensitive information.

The Bill upholds privacy rights, in the context of individual right, of citizens as data access shall be limited to high level functionaries and makes data sharing rule based.

The Bill provides for efficient targeting of beneficiaries, eliminating intermediaries and other costs capacitates prudent spending, fiscal savings.

The Bill advocates high transparcy, prompt service delivery system.

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Eligibility for getting an Aadhaar number

Every Indian resident is able to acquire an Aadhaar number. Under the Bill a ‘resident’ is defined as a person who has resided in India continuously for 182 days, in the one year preceding the data of application for enrolment for Aadhaar.

Information to be submitted

To get an Aadhaar number an individual has to submit her/his (i) biometric (photograph, finger print, iris scan) and (ii) demographic (name, date of birth, address) information. The Unique Identification Authority (UID) may specify other biometric and demographic information.

Use of Aadhaar Number

In order to verify the identity of a person seeking a subsidy or a service, the government requires him or her to have an Aadhaar number. If the person does not possess an Aadhaar number, he or she would be directed by the Government to apply for the same, and in the meantime, the Government has to provide an alternative means of identification to such person. Any public or private entity can accept the number the Number as a proof of identity of the holder of the Number, for any purpose. But Aadhar number cannot be a proof of citizenship or domicile.

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Schedules in Constitution of India

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schedules in Constitution of India

Followings are the schedules in Constitution of India are:

 

First Schedule
  • List of States & Union Territories
Second Schedule
  • Salary of President, Governors, Chief Judges, Judges of High Court and Supreme
    court, Comptroller and Auditor General
Third Schedule
  • Forms of Oaths and affirmations
Fourth Schedule
  • Allocate seats for each state of India in Rajya Sabha
Fifth Schedule
  • Administration and control of scheduled areas and tribes
Sixth Schedule
  • Provisions for administration of Tribal Area in Assam, Meghalaya, Tripura, Mizoram
    & Arunachal Pradesh
Seventh Schedule
  • Gives
    allocation of powers and functions between Union & States. It
    contains 3 lists

    1. Union
      List (For central Govt)
    2. States
      List (Powers of State Govt)
    3. Concurrent
      List (Both Union & States)
Eighth Schedule
  • List
    of 22 languages of India recognized by Constitution
1.
Assamese
2.
Bengali
3.
Gujarati
4.
Hindi
5.
Kannada
6.
Kashmiri
7.
Manipuri
8.
Malayalam
9.
Konkani
10.
Marathi
11.
Nepali
12.
Oriya
13.
Punjabi
14.
Sanskrit
15.
Sindhi
16.
Tamil
17.
Telugu
18.
Urdu
19.
Santhali
20.
Bodo
21.
Maithili
22.
Dogri
  • Sindhi
    was added in 1967 by 21 Amendment
  • Konkani,
    Manipuri ad Nepali were added in 1992 by 71 amendment Santhali,
    Maithili, Bodo and Dogri were added in 2003 by 92 amendment
Ninth Schedule
  • Added
    by Ist amendment in 1951. Contains acts & orders related to land
    tenure, land tax, railways, and industries.
Tenth Schedule
  • Added
    by 52nd amendment in 1985. Contains provisions of disqualification of
    grounds of defection
Eleventh Schedule
  • By
    73rd amendment in 1992. Contains provisions of Panchayati Raj.
Twelfth Schedule
  • By
    74th amendment in 1992. Contains provisions of Municipal
    Corporation.

Schedules of Indian Constitution

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Schedules in the Constitution of India 

Schedules of Indian Constitution: The constitution of India contains Schedules of Indian Constitution from 1 to 12th schedules.

Schedules of Indian Constitution

First Schedule

List of States and Union Territories.

Second Schedule

Salary of President, Governors, Chief Judges, Judges of High Court and Supreme Court, Comptroller and Auditor General.

Third Schedule

Forms of Oaths and affirmations.

Fourth Schedule

Allocate seats for each State of India in Rajya Sabha.

Fifth Schedule

Administration and control of Scheduled Areas and Tribes.

Sixth Schedule

Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura, Mizoram and Arunachal Pradesh.

Seventh Schedule

Gives allocation of power and functions between Union and States. It contains three lists
Union Lists for Central Government having 98 subjects
State List for Powers of State Government having 62 subjects
Concurrent List for both Union and State with 52 subjects

Eighth Schedule

List of 22 languages of India recognized by the constitution.

  1. Assamese
  2. Bengali
  3. Gujarati
  4. Hindi
  5. Kannada
  6. Kashmiri
  7. Konkani (added in 1992 by 71st amendment)
  8. Malayalam
  9. Manipuri (added in 1992 by 71st amendment)
  10. Marathi
  11. Nepali (added in 1992 by 71st amendment)
  12. Orya
  13. Punjabi
  14. Sanskrit
  15. Sindhi (added in 1967 by 21st amendment)
  16. Tamil
  17. Telegu
  18. Urdu
  19. Santhali (added in 2003 by 92nd amendment)
  20. Bodo (added in 2003 by 92nd amendment)
  21. Maithili (added in 2003 by 92nd amendment)
  22. Dogri (added in 2003 by 92nd amendment)

 Ninth Schedule

Added by 1st amendment in 1951. Contains acts and orders related to land tenure, land tax, railways, industries. (Right of Property, not a fundamental right now.)

Tenth Schedule

Added by 52nd amendment in 1985. Contains provisions of disqualification on the grounds of defection

Eleventh Schedule

By 73rd amendment in 1992. Contains provisions of Panchayati Raj.

Twelfth Schedule

By 74th amendment in 1992. Contains provisions of Municipal Corporation.

Must Read:

One Rank One Pension Scheme (OROP) – Easy and Detailed Analysis

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one rank one pension orop

The Government of India on 5th September 2015 announced the implementation of One Rank One Pension Scheme (OROP Scheme) which addressed more than 40 years long demand of defence personnel. Let’s have a look on what One Rank One Pension is all about? Why was it needed? What are challenges with OROP? and many other answers you wanted to know about this scheme.

Our defence forces should remain young and it can be ensured only through early recruitment and early retirement.

As we say defence personnel or servicemen it implies to the defence forces staffs of Indian Army, Indian Navy, and Indian Air Force.

Prime Role of our Defence Forces

  1. To maintain sovereignty of the country
  2. To neutralise any external aggression
  3. To defend Indian territory
  4. To defend sanctity of Indian air space
  5. To defend sanctity of Indian territorial water
  6. To fight war

What is One Rank One Pension?

One Rank One Pension (OROP) implies that uniform pension to be paid to the armed forces personnel retiring in the same rank with the same length of service regardless of their date of retirement.

At present ex-servicemen receive differential pensions as it is calculated on the basis of their salary at the time of their retirement.

Under this scheme for any future enhancement, the benefit will be automatically passed on to the past pensioners.

Why the One Rank One Pension Scheme was in demand?

Let’s have a look on retirement age of servicemen:

 Category of Servicemen Age of Superannuation/Retirement
Sepoy 35-38 years
Non Commissioned Officers 40-45 years
Junior Commissioned Officers 40-45 years
Most of Commissioned Officers 50 years
Very few – Lt. Gen, Air Marshal, Vice Admiral etc. 60 years

Only 10 percent of Sepoy get chance to become Non Commissioned Officer or Junior Commissioned Officer. Most of Officers retire in early 50s of age.

Also the number of Sepoys are very much higher than above ranked service. The Pyramid structure of defence personnels has a very broad base.

At the same time the age between 40-60 years known for most of the family and life responsibility in life of an individual like study of children, marriages, health issues etc.

As most of the servicemen gets retired in early age and become dependent on pension for a very long period, there was a wide difference gets created in the average pension of a person retiring today and one who retired 40 years back because the pension according to earlier scheme was calculated on the basis of salary withdrawn at the time of retirement, and increment was also based on that only.

From 1973 onwards defence personnel were demanding this. Because different pay commissions have hiked the salary of defence personnel but not much consideration given to pensioners.

Features of OROP

  • The base year for calculation is 2013
  • Effective from July 2014
  • OROP will be average of minimum and maximum pension scale of 2013 (base year)
  • Those who are already drawing higher pension above this newly calculated average will be protected from any disadvantage
  • The Revision will be done in every five years. (protesting servicemen were demanding revision every year or in every three years)
  • One member Judicial Commission constituted and report to be submitted in six months. (protesting ex-servicemen were demanding five-member commission including ex-servicemen as members)
  • Arrears to be paid in four half-yearly installments (i.e. in two years)
  • Arrears of all widows (beneficiary under the family pension or war widow) will be paid in single installment.

Timeline in the History of OROP

1973 The Government of India decided to reduce the pension of ex-servicemen from 70 percent to 36 percent of average salary. The reason behind this reduction was significant hike in salary of defence personnels. Even after this decrease in percentage the difference remained high between old pensioners and new pensioners.

This incident sparked the demand of One Rank One Pension by veterans of Indian Defence Forces.

Also Read : Indian Defence Awards

2011 – An all party 10 member Parliamentary Panel was constituted under the Chairmanship of B. S. Koshyary. The panel submitted its report to the parliament in December 2011.

In its report it recommended two major requirements –

  1. OROP Scheme for ex-servicemen should be implemented as early as possible. It also defined the what one rank one pension is all about.
  2. A separate pay commission for defence forces instead of central pay commission.

2014 – Protest by different retired servicemen intensified and peaceful demonstrations were became visible.

Just before General Election the UPS government accepted the OROP in principle.

Almost every political party included implementation of OROP in their election manifesto for General Election.

2015 – Finally on September 5th, 2015 Prime Minister announced One Rank One Pension Scheme.

Challenges associated with One Rank One Pension

The new scheme is going to put a burden of Rs. 8300 crore annually on the exchequer of India. Which will increase significantly year after year.

Complex calculation in fixation, it is going to be a humongous task to come up with the simplified number for across three services, so many ranks, so many method of employments,  ex-serviceman of British Indian Army their dependent etc.

How the government is going to deal with similar nature demands in other services like Central Armed Police Forces.

one rank one pension orop schemeInitially it came into information that all ex-servicemen who has taken VRS (voluntary retirement) will not be get benefit of One Rank One Pension Scheme but objected by veterans, their point was VRS don’t even exist in defence service, but a Premature Retirement Scheme which says that after serving a period in services one can take premature retirement and will be eligible for pension. Later PM Narendra Modi himself made it clear that no personnel will be deprived on the basis of VRS or PMR.

Discipline, control and command are fundamental characteristic of servicemen. To maintain it they are having time tested mechanism one such mechanism includes punishment by withholding increments for certain period for a misconduct or wrongdoing. Now this scheme make everyone even at the time or retirement which may reduce the utility of punishment and its fear among servicemen in later period of service.

 

What is better alternative to One Rank One Pension?

Let’s have a look at these ratios:

Serving Military Personnels :  Military Pensioners
1 : 1.7
Civil Workforce :  Civil Pensioners
1 : 0.56

Total number of  military pensioners exceeds 26 lakhs.

In many other countries like Russia, China, Israel, etc. they allow lateral movement of defence forces personnel. Instead of increasing current account deficit through scheme like One Rank One Pension India can also achieve it by allowing veterans into other services like Central Armed Police Force, Central Para Military Force, Civil Staff of Defence Ministry, etc. It will be beneficial for both the parties.

It was recommended by the 6th Pay Commission, but government did not show any interest in making it possible.

How it will work? Let’s have a look at following data.

Central Armed Police Force have 8.5 lakhs strength.

Defence Civilians in Ministry of Defence is approx 4 lakhs.

And both of these (CAPF and Ministry of Defence) takes fresh entry of around 45,000 staffs every year. On the other hand an average of 40,000 defence personnels are released from defence forces every year. It is possible to allow them to fill the requirement in other services as suggested by many experts, which can significantly reduce the the load of government exchequer.

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Election Commission of India (ECI)

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Election Commission of India

ECI – A Permanent Constitutional Body

The power of superintendence, direction and control of the whole process for conducting elections to Parliament and Legislature of every state and of offices of the President and Vice President has been vested in the Election Commission of India, a permanent Constitutional body, by the Constitution of India.

Since the Modern Indian nation state came into existence on 15th August 1947, free and fair elections have been held at regular intervals as per the norms of Constitution’s Electoral Laws and System

Election Commission of India was set up, following the principles of the Constitution, on 25th January 1950. In 2001, the Commission celebrated its Golden Jubilee. The Commission originally had only a Chief Election Commissioner. At present, it comprises a Chief Election Commissioner and two Election Commissioners. The two additional commissioners were appointed for the first time on 16th October 1989, but they continued in the office for the very short term (from 16th October 1989 to 1st January 1990). It was on 1st October 1993, when two additional commissioners were appointed and since then the concept of multi – member Commission, with decision-making power by majority vote, has been in operation.

Also Read: Central Vigilance Commission (CVC)

Appointment, and tenure of Commissioners

The Chief election Commissioner and Election Commissions are appointed by the President of India. They have the tenure of six years or up to the age of 65 years whichever is earlier. They get salary and perk and enjoy same as available to Judges of the Supreme Court of India. The Chief Election Commissioner of can be removed from his Office only through the process of impeachment by the Parliament.

Execution of Business

For the execution of its business, the ECI holds regular meetings and also from time to time circulates papers. In the process of decision making, all Election Commissioners have equal say. The Commission, quite often, disputes some of its executive functions to its officers in its secretariat.

Election Commission of India – the setup

The Commission has a separate secretariat at New Delhi that consists of about 300 officials in a hierarchical setup. In the secretariat, the senior, not officers, two three Deputy Election Commissioners, and Director Generals, assist the commission. These officers are generally selected and appointed from the National Civil Services by the Commission and generally have a fixed tenure.

The work is organized in Divisions, Branches, and Sections; each of the last mentioned units is in charge of a section officer. The Chief functional divisions include Planning, Judicial, Systematic Voter’s Education and Electoral Participation (SVEEP), and Media and Secretariat Co-ordination.

In order to conduct a countrywide general election, an enormous task force consisting of nearly five million polling personnel and civil police forces are needed. This huge election machinery remains on deputation to the Election Commission and is subject to its control, superintendence and discipline during the election period that may extend over a period of one and the half to two months.

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Budget & Expenditure of Election Commission of India

The Commission’s budget, an independent one, is finalized directly in consultation between the Commission and the Finance Ministry of the Central government. The Finance ministry generally accepts the suggestions of the Commissioner for its budgets. However, the main expenditure on actual conduct f elections is mirrored in the budgets of the concerned constituent units of the Union, States, and Union Territories. If elections are held only for the Parliament, the Union Government bears the entire budget while in the case of elections held only in a state the responsibility of bearing the incurred expenditure goes to the concerned State.

Election Commission of India & Executive Interference

The Election commission, in the execution of its functions, is free from executive interference. It is Election Commission of India that has been fully authorized to decide about the election schedules for conducting elections, whether general elections or by-elections. The Commission is also authorized to take the decision on the location of polling stations, assignment of voters to the polling stations, the location of counting centers, arrangements in and around polling stations and counting centers and all allied matters.

Election Commission of India & Political Parties

All political parties, fighting elections, are registered with the election Commission in accordance with the law. It is Commission’s duty to ensure inner party democracy in the functioning of the political parties by insisting upon them to hold their organizational elections at periodic intervals. On the basis of their poll performance at general elections, the Election Commission grants recognition’s to registered political parties at State and national levels following the criteria set by it.

Election Commission of India, in principle, has to ensure a level playing field for the political parties in the election contest. For this, the Election Commission of India issues a Model Code of Conduct, which all contesting parties have to follow. This Model code of Conduct has been evolved with the consensus of political parties.

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