THE PARLIAMENTARY PROCEEDINGS: BUDGET SESSION 2022

1. THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) AMENDMENT BILL, 2022

THE CONTEXT: During the 2022 Budget session of the Parliament, the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was introduced in the Lok Sabha.

THE EXPLANATION:

The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery. It is popularly referred to as the WMD Act. The recent amendment extends the scope of banned activities to include financing of already prohibited activities.

What was the purpose of the original WMD Act?

The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005. Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies. It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines. The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

What is the UNSCR 1540?

• In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism. In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter. Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
• UNSCR 1540 enforced three primary obligations upon nation states — to not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery; to adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors; to adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.
• It was to meet these obligations that enactment and enforcement of legislations to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

 What has the Amendment added to the existing Act?

• The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems. To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly). It also prohibits persons from making finances or related services available for other persons indulging in such activity.

Why was this Amendment necessary?

• UNSCR 1540 undergoes periodic reviews to determine the success of its implementation and to identify gaps in enforcement. In one such review undertaken in 2016, it was concluded that the risk of proliferation to non-state actors is increasing due to rapid advances in science, technology, and international commerce.
• The statement of objects and reasons of the Bill presented in India echoes these developments for having made the Amendment necessary. Two specific gaps are being addressed — first, as the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and demand tighter controls on the financing of WMD activities, India’s own legislation has been harmonised to align with international benchmarks.
• Secondly, with advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation. These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity. Therefore, the Amendment keeps pace with evolving threats. In fact, domestic legislations and international measures that address issues of WMD security cannot afford to become fossilised. They must be agile and amenable to modifications in keeping with the changing tactics of non-state actors.

What more should India do?

• India’s responsible behaviour and actions on non-proliferation are well recognised. It has a strong statutory national export control system and is committed to preventing proliferation of WMD. This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls. Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
• At the domestic level, this Amendment will have to be enforced through proper outreach measures to industry and other stakeholders to make them realise their obligations under the new provisions. India’s outreach efforts with respect to the WMD Act have straddled both region-specific and sector-specific issues. Similar efforts will be necessary to explain the new aspects of the law.
• It is also necessary that India keeps WMD security in international focus. There is no room for complacency. Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system. India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

What is the international significance of these legislation? What is in it for India?

• Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested. Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities to ensure that non-state actors, including terrorist and black-market networks, do not gain access to such materials. Sharing of best practices on legislations and their implementation can enable harmonisation of global WMD controls.
• India initially had reservations on enacting laws mandated by the UNSCR. This is not seen by India as an appropriate body for making such a demand. However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.
• It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level. Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.

THE INTERNATIONAL DEVELOPMENTS

2. PAKISTANI LAWMAKERS ELECT SHEHBAZ SHARIF AS THE NEW PRIME MINISTER

THE CONTEXT: The Pakistan parliament elected Shehbaz Sharif as the 23rd Prime Minister of the country.

THE EXPLANATION:

• While interacting with journalists then, Shehbaz had said that “war is not an option”, and had pitched for the resumption of “peaceful dialogue” on all issues including “Sir Creek, Siachen, water and Kashmir”.
• The Indian Prime Minister congratulated him on his election and said India desired peace and stability in a region free of terrorism.
• Emerging from the shadow of his elder brother Nawaz Sharif, Shehbaz is known to be close to the Pakistan Army — he was chief minister of Pakistan’s Punjab province.

Expecting a good ties,

• The Sharif family has always been an advocate of better ties with India. Shehbaz’s last India visit was in December 2013 when he met then Prime Minister and Commerce Minister, visited Metro stations and solid waste management plants in Delhi, and a power plant in Haryana. He also visited Punjab and held meetings with then Chief Minister Parkash Singh Badal and Deputy Chief Minister Sukhbir Singh Badal, where he worked on a roadmap for cooperation between the two Punjabs.
• Officials pointed out that the core concerns of the two countries remain the same over the last decade, and Shehbaz is well placed to take forward the bilateral conversation.
• Better trade ties with India could provide a much-needed boost to Pakistan’s economy. Known to be focussed on infrastructure projects — he is credited for many roads, bridges, flyovers and transport projects in Pakistan’s Punjab province — Shehbaz is keen to deliver before the next elections in 2023.

THE ENVIRONMENT AND ECOLOGY

3. MICROPLASTICS DETECTED IN FISH SAMPLES FROM CAUVERY

THE CONTEXT: A new study by researchers at the Bengaluru-based Indian Institute of Science (IISc) has found microplastics in fish, causing growth defects, including skeletal deformities, in River Cauvery in south India.

THE EXPLANATION:

• The study was conducted at the Krishnaraja Sagar dam, located below the confluence of river Cauvery with its tributaries Hemavati and Lakshmana Tirtha, in the Mandya district of Karnataka.
• The researchers collected water samples from three different locations with varying water flow speeds – fast-flowing, slow-flowing and stagnant – since water speed is known to affect the concentration of pollutants.
• In the first part of the study, the team analysed the physical and chemical parameters of the water samples. All but one of them fell within the prescribed limits. The exception was dissolved oxygen, which was deficient in samples collected from the slow-flowing and static sites. Water from these sites also had microbes such as Cyclops, Daphnia, Spirogyra, Spirochaeta, and E coli, well-known bio-indicators of water contamination.

The researchers conducted further studies. Using a technique called Raman spectroscopy, they detected microplastics — minute pieces of plastic often invisible to the naked eye — and some toxic chemicals.

• In the second part of the study, the team investigated the effect of the pollutants in water on fish. They treated zebrafish embryos, a well-known model organism, with water samples collected from the three sites, and found that those exposed to water from the slow-flowing and stagnant sites experienced skeletal deformities, DNA damage, early cell death, heart damage, and increased mortality. These defects were seen even after the microbes were filtered out, suggesting that microplastics and toxic chemicals were also causing problems on their own.
• The findings assume importance in the context of a recent study from the Netherlands, which has shown that microplastics can enter the bloodstream of humans. The researchers noted that the concentrations of the pollutants they have reported in the fish may not be alarming yet for humans. Still, long-term effects can’t be ruled out.

VALUE ADDITION:

What are microplastics?

• Microplastics are tiny bits of various types of plastic found in the environment. The name is used to differentiate them from “macroplastics” such as bottles and bags made of plastic.
• There is no universal agreement on the size that fits this bill — the U.S. NOAA (National Oceanic and Atmospheric Administration) and the European Chemical Agency define microplastic as less than 5mm in length. However, for the purposes of this study, since the authors were interested in measuring the quantities of plastic that can cross the membranes and diffuse into the body via the blood stream, the authors have an upper limit on the size of the particles as 0.0007 millimetre.

THE SECURITY AFFAIRS

4. ANTI-TANK GUIDED MISSILE ‘HELINA’ SUCCESSFULLY FLIGHT TESTED

THE CONTEXT: Indigenously developed helicopter launched Anti-Tank Guided Missile ‘HELINA’ was successfully flight tested on April 11, 2022 at high-altitude ranges as part of user validation trials.

THE EXPLANATION:

• The flight-test was jointly conducted by the teams of scientists from Defence Research and Development Organisation (DRDO), Indian Army and Indian Air Force (IAF).
• The flight trials were conducted from an Advanced Light Helicopter (ALH) and the missile was fired successfully engaging simulated tank target. The missile is guided by an Imaging Infra-Red (IIR) Seeker operating in the Lock on Before Launch mode. It is one of the most advanced anti-tank weapons in the world.
• In continuation to validation trials conducted at Pokhran in Rajasthan, proof of efficacy at high altitudes paves the way for its integration on the ALH. The trials were witnessed by senior Army commanders and senior scientists of the DRDO.

VALUE ADDITION:

• HELINA (Helicopter based NAG) is a third generation fire and forget class anti-tank guided missile (ATGM) system mounted on the Advanced Light Helicopter (ALH). The system has all weather day and night capability and can defeat battle tanks with conventional armour as well as explosive reactive armour.
• The HELINA missile can engage targets both in direct hit mode as well as top attack mode. HELINA Weapon Systems is being inducted into the Indian Army (IA). A variant of HELINA Weapon System called DHRUVASTRA is being inducted into the Indian Air Force (IAF).

THE SCIENCE AND TECHNOLOGY

5. INDIA HAS 217 SPACE OBJECTS ORBITING EARTH: REPORT

THE CONTEXT: India has 103 active or defunct spacecraft and 114 objects categorised as ‘space debris’ in orbit and it has embarked on research to reduce such fragments from outer space.

THE EXPLANATION:

• According to the Department of Science and Technology, “Presently, the Indian Space Research Organisation (ISRO) has taken up research activities to study the feasibility and technologies required to undertake active debris removal (ADR).
• According to Orbital Debris Quarterly News issued in March 2022 by NASA, India had 103 spacecraft, including active and defunct satellites, and 114 space debris objects, including spent rocket bodies orbiting the earth. So, the country has a total of 217 space objects orbiting the earth.
• Also, the department noted, Active Debris Removal (ADR) was one of the active methods suggested by the Space Debris Research Community to contain the growth of space debris objects. “ADR is a very complex technology and involves policy and legal issues. Technology demonstration studies have been taken up by many countries, including India. Developmental studies for finalising necessary technologies are initiated to demonstrate ADR.
• According to the Orbital Debris Quarterly News, the U.S. has 4,144 spacecraft (active and defunct), and 5,126 objects that can be categorised as space debris in the earth’s orbit.
• China has 517 spacecraft, active and defunct, and 3,854 objects, including spent rocket bodies, orbiting the earth.

Directorate Space Situational Awareness and Management Centre

• DoS highlighted that ISRO has also set up the Directorate Space Situational Awareness and Management at its headquarters to deal with issues related to space debris.
• A dedicated Space Situational Awareness Control Centre is set up in Bengaluru to coordinate all space debris related activities within ISRO and to safeguard Indian operational space assets from collision threats, he said.
• The minister added that ISRO was also planning to have its own observational facilities to track and catalogue the space objects.
• Indian Space Research Organisation (ISRO) has taken up research activities to study the feasibility and technologies required to undertake active debris removal.
• Active Debris Removal (ADR) is a very complex technology and involves policy and legal issues. Technology demonstration studies have been taken up by many countries, including India.
• A dedicated Space Situational Awareness Control Centre is set up in Bengaluru to coordinate all space debris related activities within ISRO and to safeguard Indian operational space assets from collision threats.

THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

Q. State Energy and Climate Index is released by –

a) Ministry of Power

b) Ministry of New & Renewable Energy

c) Ministry of Environment, Forest & Climate Change

d) NITI Aayog

ANSWER FOR 11TH APRIL 2022

Answer: B

Explanation:

• Bengaluru has become the first Indian city to get into the global network of silk cities.
• The network now has nine countries and 13 cities.
• The network helps artisans and craftsmen to exchange knowledge, build trade relations and under- stand various craftsmanship techniques.

1. To evolve, boundlessness and infinity are key READ MORE
2. Think clearly about peace READ MORE

1. IPCC Says Large-Scale CO2 Removal ‘Essential’ To Meet Climate Targets READ MORE
2. Climate disasters are becoming more frequent in west, central Asia than other regions: IMF READ MORE

1. Delivering justice calls for fair investigation READ MORE
2. Criminal Identification Bill Follows Similar Unsuccessful, Discriminatory Laws Elsewhere READ MORE
3. Explained: Amendments to FCRA Law That the Supreme Court Has Upheld READ MORE
4. Cost of disharmony: Diverse India can’t afford imposition of one group’s ideas on others. Neither can its economy READ MORE

1. It is time to let sleeping dogmas lie READ MORE
2. Why India’s road to becoming a civilised and free society is long and tough READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Anti-Tank Guided Missile ‘HELINA’ successfully flight tested READ MORE
2. Ukraine dominates Modi-Biden talks READ MORE
3. Gujarat, Kerala, Punjab top NITI Aayog’s State Energy and Climate Index list READ MORE
4. Microplastics in Cauvery River may be harming fish: IISc. Study READ MORE
5. Pakistani lawmakers elect Shehbaz Sharif as new Prime Minister READ MORE
6. Explained: What is the ‘2+2’ format of dialogue between India and the US? READ MORE
7. India has 217 space objects orbiting earth; working towards reducing space debris: Report READ MORE

Main Exam

GS Paper- 1

1. It is time to let sleeping dogmas lie READ MORE
2. Why India’s road to becoming a civilised and free society is long and tough READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Delivering justice calls for fair investigation READ MORE
2. Criminal Identification Bill Follows Similar Unsuccessful, Discriminatory Laws Elsewhere READ MORE
3. Explained: Amendments to FCRA Law That the Supreme Court Has Upheld READ MORE
4. Cost of disharmony: Diverse India can’t afford imposition of one group’s ideas on others. Neither can its economy READ MORE

INTERNATIONAL ISSUES

1. India and the U.K.: Crafting a new legacy- Despite the challenge posed by the war, the India-U.K. relationship has been on an upward trajectory READ MORE
2. Our geo-economic interests lie with the West as well as the rest READ MORE
3. India-US forging tech alliance since long. Now use 2+2 dialogue to push it further READ MORE
4. The Security Council might have been ineffective in Ukraine, but the United Nations hasn’t READ MORE
5. Towards a new equilibrium in Eurasia: A possibility of a win-win scenario for India READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. RBI is right to prioritise inflation management. But it won’t be easy READ MORE
2. Repo, reverse repo rates still relevant? READ MORE
3. Causes of Sri Lankan Economic Crisis READ MORE

ENVIRONMENT AND ECOLOGY 

1. IPCC Says Large-Scale CO2 Removal ‘Essential’ To Meet Climate Targets READ MORE
2. Climate disasters are becoming more frequent in west, central Asia than other regions: IMF READ MORE

DISASTER MANAGEMENT

1. A forest fire is raging in Chhattisgarh at a time when those who can control it are on strike READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. To evolve, boundlessness and infinity are key READ MORE
2. Think clearly about peace READ MORE

Questions for the MAIN exam

1. ‘Despite a greater deal of interest in the Indo-Pacific region, India can be a counter-balance and has a great opportunity to even more enhance its role in Eurasia’. Examine the statement in the context of current geopolitical scenario.
2. ‘Care work should be viewed as a collective responsibility and public good.’ In the light of this statement, discuss the challenges faced by workers in care economy in India and suggest measures to address them.

QUOTATIONS AND CAPTIONS

• Defeat has its lessons as well as victory.
• Despite the challenge posed by the Ukraine crisis, the India-U.K. relationship has been on an upward trajectory, exemplified by the conclusion of a Comprehensive Strategic Partnership on May 4, 2021.
• As India seeks to carve out a new role for itself in the evolving global order as a ‘leading power’ and the U.K. recalibrates its strategic outlook post-Brexit, this is a unique moment in India-U.K. ties.
• New geopolitical realities demand a new strategic vision from London and New Delhi.
• The RBI has rightly decided to place top priority on inflation management. This will help in maintaining the credibility of the inflation targeting framework.
• Poverty, inequality and a deeper understanding of what works for poverty reduction is not just an academic exercise but is crucial for designing policies and programmes that work.
• The Indian Constitution is an instrument to seek modus vivendi.
• At the fourth edition of India-US 2+2 Ministerial Dialogue, first under Biden administration, the two sides will likely focus on strengthening partnership in emerging tech.
• Data is power in digitised societies, and while the CPI Bill purports to facilitate identification, in reality, it sweeps in a far greater scope of personal biometrics than required for that purpose.
• Data is power in digitised societies, and while the CPI Bill purports to facilitate identification, in reality, it sweeps in a far greater scope of personal biometrics than required for that purpose (or even what is required for Aadhaar).
• The government has used the FCRA as an instrument for harassment of political rivals or activist organisations such as Amnesty International.

50-WORD TALK

• Communal violence during Ram Navami processions in four states is shocking. Clashes over food choice in JNU is another marker of things getting worse. It sullies India’s image and has grave implications for its socio-economic stability. Karnataka government’s action against Sri Ram Sene would mean little if it’s mere tokenism.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: The legislative bodies in India require expert secretarial assistance for carrying out their multiple responsibilities. However, the current legislative personnel administration suffers from many weaknesses. Hence, it is suggested that an Indian Legislative Service is needed. This article examines this issue in detail.

THE INDIAN LEGISLATIVE SERVICE(ILS): AN OVERVIEW

The ILS can be another All-India Service similar to the IAS, IPS, etc, that is centrally recruited, trained, and assigned to the legislative bodies, especially at the Union and State levels. The ILS can be the backbone of the legislative bodies equipping them to carry out the mandated functions. The idea of ILS became vogue in the backdrop of the appointment and abrupt removal of a Secretary-General (SG) of the Rajya Sabha in whose place a retired Indian Revenue Service official assumed charge. This has generated a debate on the need for an independent legislative service that will cater to the needs of all the legislative institutions in the country, including at the local level.

WHY DO WE NEED AN ILS?

TO FULFILL THE CONSTITUTIONAL MANDATE:

• Article 98 of the Constitution provides for the scope of separate secretariats for the two Houses of Parliament. The same goes true for the state legislatures too. This means that the secretariats should be independent of the executive government.
• However, sourcing manpower from the executive branch may lead to the violation of the concept of independence and conflict of interests. It breaches the principle of separation of power.

UPHOLDING EXECUTIVE ACCOUNTABILITY:

• A separate secretariat marks a feature of a functioning parliamentary democracy. In a parliamentary system, the Parliament must watch over the executive, both political and permanent.
• Thus, the Parliament should have the technical and human resource capacity to be an effective body for providing meaningful scrutiny and enforcing accountability.

EXPERTISE IN PARLIAMENTARY PROCEDURES:

• Serving/retired civil servants appointed to the higher posts suffer from a lack of exposure and poor knowledge of Parliamentary procedures.
• Expertise in Parliamentary functioning is not only a product of domain competency but also of experience. A dedicated service like the ILS can address this problem.

SIGNIFICANCE OF THE POST OF THE SECRETARIES-GENERAL:

• The Secretaries-General of both the Houses are mandated with many Parliamentary and administrative responsibilities.
• One of the prerequisites that demand the post of the Secretary-General is unfailing knowledge and vast experience of parliamentary procedures, practices, and precedents. Most civil servants precisely lack this aspect of expertise.
• A dedicated ILS will provide a wider talent pool of qualified, experienced, reliable, and autonomous human resources for selection to man the crucial post of SG.

GROWTH OF LEGISLATIVE INSTITUTIONS:

• With the 73^rd and 74^th Constitutional Amendments, thousands of legislative bodies have come up at the local level in India.
• Although the local self-government institutions may not be comparable to those at Union and State levels, still they have significant roles and functions in the democratic setup.
• An ILS will prove to be the vital missing link that enables these bodies to act as institutions of “self-government” in the true sense.

VERTICAL INTEGRATION OF LEGISLATIVE INSTITUTIONS:

• There is hardly any mechanism for a continuous interaction or sharing of knowledge resources among the legislative institutions. The annual Presiding Officers’ conference cannot fulfill this need for continuous administrative engagement.
• By providing a common pool of dedicated human resources to these bodies will bring vertical linkage among them, which will be beneficial for learning about best practices, legislative businesses, and Parliamentary innovations, among others.

CHALLENGES OF MODERN GOVERNANCE:

• The growth of modern government and expansion of governmental activities require a matching development and laborious legislative exercise. The legislators being laypersons, need expert assistance so that they can discharge their functions effectively.
• For the government, the bureaucracy acts as the think tank and thus, the Parliament also needs a think tank and the ILS is the best bet in this regard.

HOW IS THE SECRETARIAT ORGANIZED AT VARIOUS LEVELS?

In general, the personnel of the Parliament is recruited by the respective Houses themselves. For instance, the Rajya Sabha Secretariat conducts open competitive examinations for filling up vacancies in specified posts. Other modes of recruitment are a deputation from Central/State governments and legislature secretariats, promotion from existing secretariat services, lateral entry, and appointment of serving/retired civil servants, especially in higher-level positions. A similar arrangement exists at the State level, although variations may be there. At the local level, the practice of Parliamentary form is still in the nascent stage; the practices considerably vary across states. Here a uniform pattern is not visible, and the administrative personnel generally are state government employees.

FORMER CBDT CHAIRMAN PC MODY REPLACES PPK RAMACHARYULU AS SECRETARY-GENERAL OF RAJYA SABHA

Less than three months after being appointed as the Secretary-General of the Rajya Sabha, PPK Ramacharyulu has been replaced with former Central Board of Direct Taxes (CBDT) chairman PC Mody. Mody has been appointed as the new Secretary-General of the Rajya Sabha just weeks before the commencement of the Winter Session of Parliament, which is expected to start on 29 November. Mody, a former chairman of CBDT, will be the new Secretary-General of the Upper House of Parliament. Rajya Sabha Chairman M Venkaiah Naidu has signed an order to this effect.

Mody, a 1982-batch Indian Revenue Service (IRS) officer, being appointed as the Secretary-General of the Upper House marks a rare occasion when an IRS officer has held the post. Most of the time, the post is traditionally held by an IAS officer. Ramacharyulu has now been appointed as an advisor in the Rajya Sabha Secretariat. Ramacharyulu was appointed as the Secretary-General of the Rajya Sabha on 1 September.2021. No reason has been given for his replacement.

According to reports, Ramacharyulu goes down in history for having the second shortest stint as Secretary-General. Mody is a 1982 IRS officer who was given three extensions as CBDT chairman since August 2019. The Secretary-General heads the Secretariat of the House and is seen as the eyes and ears of the Rajya Sabha chairman when it comes to matters of rules and procedures. The position of SG is a crucial one in the Parliamentary system.

According to the Rajya Sabha website, the SG is the parliamentary adviser to the RS chairman and through him to the House. The SG is also the administrative head of the RS Secretariat and, overall, in charge of all administrative and executive functions on behalf of, and in the name of, the Chairman. There are no recruitment rules for appointing SG to LS or RS. It is completely the discretion of the Speaker, in the case of Lok Sabha and Chairman in the case of Rajya Sabha, to appoint whoever they think is suitable for the post.

SOURCE: THE FIRSTPOST.COM

PROBLEMS IN THE IDEA OF INDIAN LEGISLATIVE SERVICE?

VIOLATION OF THE CONSTITUTION:

• Article 98 of the Constitution gives power to the Houses to deal with all the aspects of secretariat personnel administration. Recruitment and appointment done by another agency will be deemed as going against this provision.

INHERENT ISSUES IN AIS:

• AIS has been severely criticized by many states as going against the federal provisions of the polity, and a new AIS is likely to add fuel to the fire.
• Also, it is highly doubtful if this new AIS will have the proposed efficiency given the less-than-optimal efficiency of other All-India Services.

IMPACT ON CAREER ADVANCEMENT OF EXISTING CADRE:

• Appointees to the Secretariat from the ILS will be holding middle to senior-level posts which will adversely impact the career advancement opportunities of the existing cadre of employees and officers.

NO EMPIRICAL DATA:

• Hardly any study is conducted that shows that the ILS is the solution for the present problems faced by legislative institutions.

STRUCTURAL CONSTRAINTS OF LEGISLATURES:

• The legislatures’ functions, including law-making, suffer from multiple structural constraints, including poor productivity, lack of consensus on crucial issues, criminalization of politics, etc.
• An ILS is not going to be the solution to the problems of legislatures in India.

PRACTICAL DIFFICULTIES:

• The idea of an ILS seems to be naïve as the supporters have not bothered to find out the practical difficulties in implementation, including the huge financial burden on the exchequer.

POSITIONS OF THE LOCAL BODIES:

• The positions of the local self-government institutions in India are not one of a legislative body and the structure and practice of the parliamentary system hardly exist at this third tier.
•  There exists a lot of confusion about the actual role of PRI/ULB in Indian governance. An ILS is deemed to be a misfit and results in a waste of resources in such a context.

THE CLERK OF THE HOUSE- THE PARLIAMENT OF THE UNITED KINGDOM

The Clerk of the House is the principal constitutional adviser to the House and adviser on all its procedure and business, including Parliamentary privilege, and frequently appears before Select and Joint Committees examining constitutional and Parliamentary matters. As with all the members of the House Service, he is politically entirely impartial and is not a civil servant.

THE WAY FORWARD

• The legislative institutions have to be equipped to carry out their responsibilities efficiently and effectively which requires a competent human resource-based secretariat system. The Parliament and state legislatures may bring laws to provide for a streamlined personnel system independent of the executive.
• The idea of an ILS may be worth trying, provided a political consensus is reached on its modalities of establishment and other details, but whose appointment needs to take care of the current nature of Indian polity.
• It is not advisable due to efficiency, impartiality, and moral considerations to appoint serving/retired Civil Servants to the higher-level positions and it is necessary to have a select pool of officers from the inside cadre who should be trained and groomed.
• To ensure effective parliamentary control over the executive and to provide for efficient Parliamentary functioning, the structural constraints faced by the institutions need to be addressed.
• Parliamentary Research and Training Institute for Democracies (PRIDE) is an integral part of the Lok Sabha Secretariat to provide parliamentarians, staff, and others with institutionalized opportunities for systematic training in the various disciplines of parliamentary institutions, processes, and procedures. Another such platform is PRISM (Parliamentary Research and Information Support for Members of Parliament). These platforms need to be utilized for enhancing the human resource competency of the personnel, and a similar setup must be established at the state level.

THE CONCLUSION: Every time inefficiency and poor standard of the administration is debated, the ready-made solution seems to be a new AIS be it in areas like environment, health, education, judiciary, or others. This purported solution is oblivious to the inefficiencies and poor standards in the existing AIS as often brought out by many committees and commissions. Thus, bringing another AIS in the form of ILS is not the panacea for the ills of the Indian Parliamentary system. The legislative institutions at the Union and the State level need to develop into independent institutions in the truest sense like that of developed nations and not become vulnerable to executive interference.

QUESTIONS:

1. “An efficient secretariat system is a sine qua non for an efficient Parliament”. How far do you think that an Indian Legislative Service will contribute towards enhancing the productivity of the Parliament?
2. A strong Parliament means a more answerable executive. Thus, an Indian Legislative Service is the need of the hour. Comment.
3. The proposal for setting up an Indian Legislative Service suffers from constitutional, political, administrative, and pragmatic challenges. Examine.
4. “The Secretary-General of the Rajya Sabha is the principal Parliamentary advisor to the Chairman of the Council of the States”. Discuss.

ADD TO YOUR KNOWLEDGE

THE SERVICES OF THE LOK SABHA SECRETARIAT

(I)Legislative, Financial Committee, Executive and Administrative Service (LAFEAS)

(II) Library, Reference, Research, Documentation, and Information Service (LARRDIS)

(Ill) Verbatim Reporting Service (VRS)

(IV) Private Secretaries and Stenographic Service (PSSS)

(V) Simultaneous Interpretation Service (SIS)

(VI) Printing & Publications Service (P&PS)

(VII) Editorial and Translation Service (E& T)

(VIII) Parliament Security Service (PSS)

(IX) Drivers and Despatch Riders Service

(X) Messengers Service

(XI) Parliament Museum Service (PMS)

THE FUNCTIONS OF THE RAJYA SABHA SECRETARIAT

The Rajya Sabha Secretariat functions under the overall guidance and control of the Chairman, Rajya Sabha. The main activities of the Secretariat inter alia include the following:-

1. providing secretarial assistance and support to the effective functioning of the Council of States (Rajya Sabha);
2. the payment of salary and other allowances to the Members of Rajya Sabha;
3. providing amenities as admissible to Members of Rajya Sabha;
4. servicing the various Parliamentary Committees;
5. preparing research and reference material and bringing out various publications;
6. recruitment of manpower in the Rajya Sabha Secretariat and attending to personnel matters; and
7. preparing and publishing a record of the day-to-day proceedings of the Rajya Sabha and bringing out such other publications as may be required concerning the functioning of the Rajya Sabha and its Committees.

In the discharge of his constitutional and statutory responsibilities, the Chairman, Rajya Sabha, is assisted by the Secretary-General, who holds the rank of the Cabinet Secretary to the Government of India. The Secretary-General, in turn, is assisted by senior functionaries at the level of Secretary, Additional Secretary, Joint Secretary, and other officers and staff of the Secretariat. Based on the recommendations of the Parliamentary Pay Committee way back in 1974, the Secretariat was restructured on a functional basis into the following Services, which cater to the specific needs of the House and its Committees.

1. The Legislative, Financial, Executive, and Administrative (LAFEA) Service
2. The Library, Reference, Research, Documentation, and Information (LARRDI) Service
3. The Verbatim Reporting Service
4. The Simultaneous Interpretation Service
5. The Editorial and Translation Service
6. The Private Secretaries and Stenographic (PSS) Service
7. The Printing and Publications (P&P) Service
8. The Watch & Ward, Door Keeping, and Sanitation Service
9. The Drivers and Despatch Riders Service
10. The Messenger Service