Secrecy of ballot is the cornerstone of free and fair elections, says Supreme Court
Paper: II
Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.
Why in News:
“It is the policy of law to protect the right of voters to secrecy of the ballot… Even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of franchise,” a three-judge Bench of Justices N.V. Ramana, Sanjeev Khanna and Krishna Murray observed. The principle of secrecy of ballots is an important postulate of constitutional democracy, the court said.
The case details:
- During the voting of a no-confidence motion in the zila panchayat of the Panchayat Adhyaksha in Uttar Pradesh in 2018, it was found that some of the panchayat members had violated the rule of secrecy of ballot. The Panchayat members had either displayed the ballot papers or by their conduct revealed the manner in which they had voted.
- This was challenged in the Allahabad High Court, which had annulled the vote of no confidence. This judgment of the Allahabad High Court was challenged in the Supreme Court.
Supreme Court’s Judgement:
- The Supreme Court has ordered a re-vote of the motion within the next two months to be conducted by the secret ballot system. It ordered the Allahabad District Judge or his nominee to act as the presiding officer.
- The Supreme Court referred to Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961. This provision states that a motion of no confidence shall be put to vote in the prescribed manner by secret ballot.
- Section 94 of the Representation of the People Act also upholds the privilege of the voter to maintain confidentiality about her choice of vote.
- The Court noted that even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of franchise.
- The Court held that the choice of a voter should be free and the secret ballot system in a democracy ensures it. It held the secrecy of ballot as the cornerstone of free and fair elections and the principle of secrecy of ballots as an important postulate of constitutional democracy.
- The Supreme Court judgment notes that a voter can also voluntarily waive the privilege of non-disclosure. The privilege of secrecy ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted. No one can prevent a voter from doing so. Nor can a complaint be entertained on this disclosure.
MP questions Punjab govt.’s move on fixed term for IAS officers
Paper: II
Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.
Why in news:
- The Punjab State government decided to set up the board to provide a fixed two-year tenure to an IAS officer at a posting. Any decision to cut short the term will be examined by the board. Concerns expressed by a Rajya Sabha MP against the Punjab government’s move on fixed terms for IAS officers.
Key Details:
- The Punjab State government has proposed the setting up of a board to ensure a fixed term at a post to IAS officers.
- The State government proposes a fixed two-year tenure to an IAS officer at a posting. Any decision to cut short the term will be examined by the board.
Concerns:
- This move has been questioned based on the argument that a fixed tenure would make the IAS officers less answerable and accountable to legislators.
- The Rajya Sabha MP has argued that the move of assuring IAS officers of fixed tenure of postings and other immunities under the umbrella of the civil services board has tilted the scale decisively against the elected representatives.
- The Rajya Sabha MP further argues that this move renders the Ministers and MLAs helpless in raking up neglected issues of public importance and timely planning and execution of development works.
Conclusion:
- A healthy working relationship between Ministers, MPs, MLAs and civil servants is critical for good governance and there is a need for the balancing of the rights of both the elected representatives and the bureaucracy.
- A fixed tenure for the bureaucracy could help insulate the bureaucracy from political pulls and pressures and help restrict arbitrary transfers and postings by the elected representatives.
- Arbitrary transfer is also a major bugbear of the bureaucracy, with politicians wielding it as a weapon against inconvenient officials.
- The Supreme Court has also previously ordered setting minimum tenure for bureaucrats.
Additional funds sought for Jal Jeevan Mission
Paper: II
Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.
Why in News:
Faced with a financing shortfall for the Jal Jeevan Mission (JJM), the Jal Shakti Ministry is pitching for additional funding of ₹82,000 crore from the 15th Finance Commission for the project to provide drinking water tap connections to every rural household by 2024. Only 18% of households are currently covered.
Jal Jeevan Mission:
- Jal Jeevan Mission (JJM) envisages providing drinking water tap connections to every rural household by 2024. Only 18% of households are currently covered.
- Jal Jeevan Mission (JJM) envisages supply of 55 litres of water per person per day to every rural household through Functional Household Tap Connections (FHTC) by 2024.
- JJM focuses on integrated demand and supply-side management of water at the local level.
Key Details:
- Faced with a financing shortfall for the Jal Jeevan Mission (JJM), the Jal Shakti Ministry is pitching for additional funding of Rs. 82,000 crore from the 15th Finance Commission for the project.
- In a presentation made to the 15th Finance Commission, the Jal Shakti Ministry has shown that there had been a 45% shortfall in financing the JJM by both the Centre and the States in its first year of 2019-20 owing to the post- COVID-19 resource constraints both at Centre and States.
- This additional funding would help meet the need for capital intensive projects in water scarce areas, and areas where the water has been contaminated by arsenic or flouride, or has high-salinity levels.
- The Ministry also proposed more direct control of the flow of the Commission’s funds to panchayats for water and sanitation.
- In its interim report for 2020-21, the Commission had allocated Rs. 30,375 crore as tied grants to rural local bodies for drinking water and sanitation in order to ensure additional funds to the local bodies over and above the funds allocated under the Centrally sponsored schemes, Swachh Bharat and Jal Jeevan missions.
- The Jal Shakti Ministry has complained that given the lack of identification of projects by the panchayats, lack of criteria and indicators to assess the performance of panchayati raj institutions and the lack of pressure on gram panchayats to dovetail FC grants with JJM, there has been inefficient usage of available funds.
- The Ministry has proposed that the money be placed with the Jal Shakti Ministry instead, which would in turn release it to the panchayats, to ensure that they follow the JJM’s five-year village action plans.
Conclusion:
The proposal by the Ministry amounts to a kind of centralisation of powers and finances which would be a regression from the 14th Finance Commission’s move to empower panchayati raj institutions.Though there are issues at the panchayat level, with some having huge unused funds, there must be other ways to deal with such governance issues rather than going back to centralization of power.
‘For minor tactical gains on the ground, China has strategically lost India’
Paper: II
Mains: General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.
Why in News:
Views expressed by Gautam Bambawale, former Indian Ambassador to China on the evolving situation along the LAC.
Key Details:
- Gautam Bambawale has stated that the June 15 clash at Galwan Valley, which claimed 20 Indian soldiers has caused irreparable damage to the border architecture, carefully built by India and China to maintain peace.
Inflection point in relations:
- Unlike previously, where despite the instances of border skirmishes along the LAC, relationship between India and China continued in some sense, the current situation would act as an inflection point in the broader bilateral relation because of the following reasons.
- The Chinese have fundamentally violated all previous agreements.
- In 1993, India and China signed the Border Peace and Tranquility Agreement (BPTA), and there have been many agreements following that which have put in place certain tenets, certain operating procedures, which were aimed at maintaining peace and tranquility on the border. These procedures have not been adhered to by the Chinese.
- The Chinese have been trying to unilaterally define the LAC.
- The Chinese People’s Liberation Army (PLA) has moved their ground position towards what they believe is their LAC and have built embankments, gun placements, observation towers. And by doing so, they have tried to unilaterally define the LAC. This amounts to a major change in the status quo.
- Human lives have been lost on both sides during the current stand-off.
- Both India and China agree that there are differences in the opinion of where the line of actual control (LAC) lies and the importance of ensuring peace and tranquility along the LAC. The June 15 clash at Galwan Valley, claimed 20 Indian soldiers making it the worst violence since 1967 along the LAC.
India’s options:
- To address the immediate needs on the ground, India has to have a very strong military posture while maintaining some room for talks and negotiations.
- India’s bottom line has to be restoration of the status quo ante.
- India must also make a fundamental reassessment of its China policy.
- Since 1988, the model has been to separate differences on LAC from other areas such as trade. Though a complete break in relations might not be advisable it cannot be business as usual. Normal trade and investment can continue. Chinese firms must be kept out of the 5G trials and roll-out in India.