Institutions and Commissions

 Tahir Mahmood, former chairman of NCM

• Commissions are white elephant.
• They are commission of inactions. (add as criticism for any commission)

India’s Parliamentary Democracy on Trial (2011) by Madhav Godbole

• Says:Make Parliamentary calendar, give support of NGOs etc to committes etc.

When crime pays - Milan Vaishnav

• It is not a new phenomon, money and muscle use has been seen in ancient rome election as well.
• There is crime-politics marriage.
• Law breaker became law makers.
• Supply - Process of vertical integration (where Criminals themselves become politicians). By directly contesting elections, criminals could reduce the uncertainty associated with negotiating contracts.Criminals thus join politics for self-preservation, protection, and the potential financial benefits.
• Demand - soaring costs of election campaigns, which parties are unable to afford. Voters election them to 'get things done' in the midst of weak rule of law.
• it was the weakening of the Congress party and a growing assertiveness in the previously marginalised groups that initially led to strong linkages between criminals and politicians.
• primary drivers that maintain the supply are the collapse of the election finance regime and a continuing breakdown of the law and order situation in India.
• Solutions-
• Correct the funding regime.
• Improve transparency in political process

Rethinking public institutionals- Devesh Kapoor, PBM, Milan Vaishnav

• There is rise of regulatory state.
• Indian state is one of  smallest globally on per capita basis. In foriegn affairs India's diplomatic corps is less than that of sweden. There is vacany in Judicary, armed forces, IB, just 1.3/1000 police (one of the lowest in the world), and RTI cases face backlog.
• Though Indian stat is understaffed, it is overbueacratized.
• India’s public institutions face acute talent crunch - both Quantitative (vacancy and shortage) and qualitative (skill, training, equipment)
• Presidency (by James Manor)
• Problem- no rules to guide president in hung assembly (increased since 1989)
• He has studied the phases when executive was strong, president had less power, and vice versa in reverse.
• Greater assertiveness by presidents is not advisable unless PM abuses his power (ie I gnadhi)
• He finds R Prasad (intital phases ) and NS Reddy as very assertive
• Praises R Venkataraman for being a copybook and emergency light,but says there is no copybook
• KR Narayanan wanted to be a working president and not a rubber stamp- rejected the advise to impose prez rule in UP and insisisted to read his own speech praising the NAM during clinton visit. 
• Kuldip Nayar, eminent journalist criticised Narayanan and held the act as voilation of constituion and intstituionally wrong.
• As Granville Austin put it, ‘Gyani Jail singh and Rajiv Gandhi were oil and water’ - Jail thought about disolving the govt on Bofors scandle, and Rajeev of impeaching the prez- though they didn't.
• Jagjiwan ram held that if a prez decides to play politics, it would be difficult to stop as only way is impeachment and it needs special  majority.
• Parliament(MR Madhavan)
• There should be a provision that if certain number of MPs give written request, session should be held
• Parliamentary obstructionism should be avoided.(only in rarest cases)
• Question hour problems- very less questions are orally answered as there is less time (and too much disruption). Other problem is of quality of answer.
• Passing a bill - possible improvements
• Pre- legistalitve process can be strengthened
• Standing committee can be made mandatory.
• support system for MPs and committees to better examine bills could be enhanced
• anti-defection law could be amended to enable a free discussion on the various issues of a bill and to find a reasonable balance across conflicting objectives
• greater interest and accountability of MPs could be encouraged by requiring a division on every bill and major clauses and amendments
• Voice voting leads to less acountablity as which MP voted for what.
• Mistaken priority as given house in delhi but not an office space to do his work and research.
• Committee system -
• Currently lack expertise, staff - bridge this
• Don't telecast the committee discussion live, but do release it to media and public.
• Anti defection law is against the seperation of power as it gives control of parliament to executive. it also failed to curb defection many times..
• Election commission-(Milan Vaishnav)
• As per study by CSDS- ECI was most respected public institution of  India, 80 % favourable views in 2008. (second only to army)
• Lloyd and Susanne Rudolph have rightly praised the Commission for serving as an effective ‘bulwark of free and fair elections’
• in 1995 a Supreme Court bench ruled in a 5–0 decision that the appointment of two additional ECs was legal, that the CEC was only primus inter pares (first among equals), and that the two could overrule the CEC
• Quraishi has suggested to make seniority principle of making EC into CEC as law.
• McMillan writes, ‘A weak legislative framework and the slow and imperfect functioning of the judiciary have created a vacuum of authority into which the Election Commission has frequently been drawn’
• Perhaps the most notable innovation championed by the ECI has been the Model Code of Conduct (MCC)- concerns
• In the name of level playing field, serisouly limits the government policy making
• Concern that by MCC and its use ECi tries to be 'middle class hero', or might become power hungry and anti democratic force.
• Concerns-
• Govt still has control over how many ECs should be.
• Other EC remain on the mercy of CEC.
• Seniority based promotion just a convention, can be discarded. 
• Possibility of dispute between EC/CEC themselves (accusation of party politics was alleged in 2008)
• political scientist Manjari Katju reminds that commission must ensure it is a politically ‘non-committed’ institution
• Local governments - are extras in the Bollywood-style national democratic spectacle. A way of decentralizing corruption.
• NITI Ayog
• Mintoriy commision
• Language commission
• essay on time to imagine Presidential system
• Also talks about NJAC and case of Judicial overeach

Undocumented wonder -Quareshi

• Suports FPTP type election, because
• easy to understand
• counting of votes is simple
• the winner is known immediately
• the voters have the freedom to elect a representative of their choice;
• there exists an identified representative for each constituency, accountable to the electorate;
• the system has by and large given stable governments at the Centre and the states.
• Main concerns
• cleaning criminalization of politics
• Tainted MPs in the Lok Sabha
• Inner Party Democracy,
• Transparency in accounts of parties
• the problem of dummy candidates
• Right to Reject.

Not just an accountant - vinod Roy (found nothing worth noting)

Sudha pai - constitutional and democratic institutions in India.

• Have studied the Parliament, the higher judiciary, the Election Commission of India, and some federal and social institutions

Government Accountability and Public Audit: Reengineering CAG- BP Mathur

• tries to field the question, "why has the institution of CAG failed to instill fear"
• need to revisit Article 311 of the Constitution, so that government servants can be punished for deliberate default and neglect of their duty
• Appointing IAS without audit experience as CAG is akin to appointing IAS without law degree to post of CJI
• Look beyond and start an audit and accountability campaign for domestic companies such as NABARD,LIC as well as funds from WB, ADB etc

Yogendra Yadav- Making sense of Indian democracy

• 3 Phases of First republic (1950-2019)
• 1st Phase -a period of consolidation -  democracy in India was very much a top-down affair, ‘an invitation by the Indian elite to ordinary Indians to join them in playing a new game’.
• 2nd phase - coming of age - began in 1967 with congress loosing its hegemony due to 1st democratic upsurge
• 3rd phase - of 3 Ms- Mandal, Mandir and Market- futher deepening of democratic process- 2nd upsurge
• he sees the current crisis of Indian democracy as the outcome of a “democracy capture” 
• shape and ideas of second republic yet unclear but  likely to be a non-theocratic majoritarian state with a de facto hierarchy of religious communities. An American style “melting pot” model could be tried in India, with the pot bearing a distinct Hindutva stamp
• academic political science in India has been ‘disconnected’ from ‘ordinary people, their language and culture’

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1st ARC- recommended Lokpal

2nd ARC- need a seperate act for CBI.

NCBC-under article 340  of const- a committe to adtudy scially and educationly - Kelkar comittee and Mandal committee, -- Now G Rohni committee

MIA PGI : Even women 

• Monitor the constitution and other legal safeguards
• Inquire into specific complaints with respect to deprivation of rights and safeguards
• Advise the govt on planning process of socio economic development 
• Present to the president a report upon the working of those safeguards 
• Give recommendations to the measure to be taken by centre or state for effective implementation of those safeguards
• Investigate into specific complaints for which it has the power of the civil court 

NC SC Chairman + 4 Cases IIT review - discrimination against Dalits Reco NSC FDC - single window for SC pian for effective utilisation of the funds Regulation of SCP - punishment of violation thereof

Non-constitutional : Minorities : MIG-35( minorities helicopter mein Bethe Hain)

• 1993 - to install confidence among the minorities 
• Preamble : Secular 
• Nehru -Liaqat pact
• Members from each religious minority group 
• PM's 15 point program in 2006.
• What they don’t have 
• Investigate: No
• No advise the govt on planning process on socio econ development 
• Not compulsory to lay down the report  
• Acute lack of expertise 
• Lacks transparency 
• Reco 
• Consti status
• 20% CSR for minorities
• Depoliticise the Police to ensure that riots and lynchings don’t happen 
• Toothless tiger and white elephant 

National Commission on Women Functions : MIA PGI Shortcomings Overly dependent on the chairperson  No coordination amongst the commissions Purely advisory  Many times its members have made sexist remarks  Recos Blanket ban on surrogate for PIO and NRI Police stations more women friendly by placing women officers there Preventing honor crimes

CAG Set up by Art 148 - constitutional body Head of Audit and Accts Dept  Bulwark of Indian democracy  Powers Audits the CFI, PA and Contingency Fund of centre and states Audits expenditure and receipts of the govt  Submits the audit report to the prez/ governor  Audit of PRIs/ULBs  Net proceeds certifies  Friend, philosopher and guide to PACS Check on extravagance and wasteful exp  Outcomes  2G scam  UN audit panel  Shortcomings  But in India - CAG - more of a role of AG and not C — unlike Britain — where permission required to take the money out  Many scholars consider - legacy of colonial rule and a cause for policy paralysis  Despite its shortcomings -  it upholds the constitution and  law of the parliament in the financial sphere

NC Backward Classes Replaces NC B. Classes - Statutory Body  Amendment to the constitution - Const Body - Art 338B 5 members - CP + V-CP + 3 other members  No responsibility to define backwardness — Parliament will determine which is BC for the Central list  Watchdog to protect the interests of BCs  ARTICLES THAT WILL BE AMENDED  Art 340 Art 366 Art 340 - would be dead without a repeal - which required a body to identify SEBCs and recommendations to remove difficulties they face — as now it will be the mandate of the Parliament  NC BC - Present Function  To examine requests for inclusion or exclusion of citizens in the OBC list Advise to Union Govt - BINDING  Central Govt passes a notification accordingly  No need for - Parliament passing this notification by vote — (Unlike in case for SC/STs) All matters regarding complaints are seen by NC-SCs K Drawbacks  Safeguards being provided on par with SC/STs who have suffered historical DDD. Class and Caste being intertwined  In case of clashes between SCs and BCs — 2 bodies will be pitted against each other

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Planning Commission and NITI Ayog 

Planning commission  Origin : National Planning Committee 1937 Advantages Enabled centralised planning - proper dev agenda  Gave effect to Art 282 - Discretionary Grants  Policy suggestions - NDC - deliberation  Handled Poverty estimation  Disadvantages  Cooperative federalism  Undermined role of ministries Excessive power - like a kitchen cabinet w/o acct  Micromangaing the affairs of states  Despite this - Nehruvian consensus prevailed  Till recently - NITI Aayog

NITI Ayog  Roles  Think Tank - expert members   Cooperative federalism - Team India Approach  Competitive federalism - Ranks states  Help in defining Indicators for social growth  Helping Centre and states make policies  Sabka sath Sabka Vikas  Challenges  Mouth piece of the govt , uncritical praise No role in demonetisation  Govt setting its agenda - violates its independence  Needs transformative capital to back transformative ideas. + ADP AIM- ATL new India @75 Autonomy needs to be ensured