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Policy&Politics

The Process Of Framing Of The Indian Constitution

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INTRODUCTION

India, the world’s largest democracy, has been given the world’s lengthiest Constitution, comprising 448 articles divided into 25 parts and 12 schedules. The narrative of how the Indian Constitution came into being, holds a unique place in Indian history. The process involved in formulating such an exhaustive document was not an easy one and involved expert minds working relentlessly day and night to leave behind an amazing legacy for India’s future generations that would be cherished for centuries to come.

HISTORY

Mr. M.N. Roy, an Indian pioneer of the communist movement, is credited with first planting the seed of convening a Constituent Assembly in 1934. Following this, in 1935, the Indian National Congress assumed the central stage with its demand for the formulation of a Constituent Assembly to design. the Indian Constitution. This adamant demand of Indians was finally accepted by the British Government in 1940 by sending a draft proposal with Sir Stafford Cripps. As per Cripps Proposal, Stephen Cripps agreed that a constitution must be established for Indians but the Indians rejected it. Gandhiji dubbed this proposal a “bankrupt bank check” by the British.

Finally, the Cabinet Mission proposed the idea of the Constituent Assembly, which marked the beginning of the process of framing the Indian Constitution, thereby leaving a historical imprint. The Supreme Law of the Natio was framed by the Constituent Assembly between 1946 and 1950 and was finally adopted on November 26, 1949, often celebrated as the ConstitutionDay. The newly drafted constitution of India came into effect on January 26, 1950, in remembrance of which we annually celebrate Republic Day.

COMPOSITION OF THE CONSTITUENT ASSEMBLY

Bengal Narasimha Rao was the pioneer figure in formulating the draft of the Constitution and acted as the Constitutional Advisor. A Constituent Assembly was established under the Cabinet Mission Plan of 1946 to establish the Indian Constitution. There were 389 members in the Assembly, representing provinces (292), states (93), Chief Commissioner Provinces (3), and Baluchistan (1).

The Constituent Assembly primarily had two roles to play, one was to serve as the Constituent Assembly, while the other was to act as the Parliament. As per the Cabinet Mission Plan, the Constituent Assembly was to have 389 members to be elected and nominated from the places under the direct rule of the British Government. Of these 292 members were the representatives of the provinces, 93 were nominated from the Princely States and 4 were the representatives from the chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg (Karnataka), and British Baluchistan (Pakistan).

The Elections to the 296 seats assigned to the British Indian provinces were completed by August 1946. Congress won 203 seats while Muslim League won 73 seats. This culminated Hindu-Muslim Riots when Muslim League refused to cooperate with Congress. To Tackle the situation, Lord Mountbatten, the last British Governor-General of India, decided to scrap the Cabinet Mission Plan which set in force the Indian Independence Act, 1947 resulting in the division of the Nation.

THE ROLE OF CONSTITUENT ASSEMBLY

The Constituent Assembly met for the first time on December 9, 1946. This meeting was chaired by Dr. Sachchidananda Sinha. He was the first speaker of the assembly and he preceded over the assembly being the senior-most member. The Muslim League boycotted the Constituent Assembly’s first meeting. When the Muslim League boycotted the inaugural meeting, Winston Churchill, the former Prime Minister of England, compared the meeting to a marriage whose bride is missing. On August 14, 1947, the Assembly reassembled as a sovereign body and successor to the British Parliament’s authority in India.

On December 11, 1946, Dr. Rajendra Prasad was appointed as the Permanent Chairman of the Constituent Assembly. Pandit Jawaharlal Nehru proposed the objective resolution in the Assembly on December 13, 2021. The Objective Resolution is the foundation of the preamble of the Indian Constitution. The Constitution’s objectives, nature, and the goals for which the government will strive were all specified in this Objective Resolution.

As the Muslim League was not present, this objective resolution was not passed. In the Constituent Assembly’s first session, the objective motion was rejected. The Constituent Assembly finally passed the objective resolution on January 22, 1947, which was accepted as the basis for the preamble of the Constitution to be framed.

THE MAMMOTH TASK BEGINS

To draft the constitution, the Constituent Assembly established 22 committees of which 9 were major committees and the others were minor ones. A seven-member Drafting Committee led by Dr. B R Ambedkar prepared a draft of the Constitution based on the reports of these committees. The drafting committee set up on 29th August 1947 was vested with the chief task of drafting the constitution after taking into consideration proposals from different committees and taking inspiration from constitutions of different countries around the world. This Committee comprised seven stalwart personalities, with Dr. B. R. Ambedkar, as Chairman of the Committee, Dr. K M Munshi, Syed Mohammad Saadullah, N Madhava Rau, N GopalaswamyAyyangar, Alladi Krishnaswamy Ayyar, and T TKrishnamachari as the other members.

The Committee spent no more than six months preparing its first draft, which was subjected to various changes and recommendations as a result of recommendations, public comments, and various other criticisms before being released as a second draft in October 1948. The Constitution took 2 years, 11 months, and 18 days to be drafted and enacted. Indian Constitution is a detailed and the bulkiest Constitution of the world, containing a preamble and as many as 395 articles divided into 22 parts with 12 schedules and 94 constitutional amendments. The Constitution was adopted on November 26, 1949.

Of the total of 395 articles, some of the articles like Articles 5 to 9, Articles 379, 380, 388, 392, 393 came into force on 26th November 1949 itself, while the remaining articles came into force on Republic Day, i.e., January 26, 1950. With the commencement of the Constitution both the Indian Independence Act, 1947 came into existence thus replacing the aged old the Government of India Act, 1935 which ceased to exist thereafter. At present, our Constitution is decked up with 448 Articles, 25 Parts, and 12 Schedules standing out from amongst different Constitutions of the World. The Bag of Borrowing as our constitution is referred to as is a carefully chosen bag, taking only the best out of all the Constitutions of different Countries which lead to lengthiest & bulkiest handwritten Constitution in the world named as CONSTITUTION OF INDIA.

CONCLUSION

Despite the numerous criticisms leveled at the Constituent Assembly’s operation, one cannot deny that today, if India is living and breathing in the air of sovereignty, democracy, and freedom as well as enjoying its rights and duties vested in both citizens and states of the country, it owes it all to the relentless and tireless efforts made by all those notable personalities which came together to gift India its biggest asset and the most cherish able gift the Constitution of India.

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Policy&Politics

India, Brazil, South Africa to press for labour & social issues, sustainability

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The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment.

India, on Thursday, joined the G20’s two-day 2nd Employment Working Group (EWG) meeting under the Brazilian Presidency which is all set to address labour, employment and social issues for strong, sustainable, balanced and job-rich growth for all. India is co-chairing the 2nd EWG meeting, along with Brazil and South Africa, and is represented by Sumita Dawra, Secretary, Labour & Employment.

The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment. India has pointed out that the priority areas of the 2nd EWG at Brasilia align with the priority areas and outcomes of previous G20 presidencies including Indian presidency, and commended the continuity in the multi-year agenda to create lasting positive change in the world of work. This not only sustains but also elevates the work initiated by the EWG during the Indian Presidency.

The focus areas for the 2nd EWG meeting are — creating quality employment and promoting decent labour, addressing a just transition amidst digital and energy transformations, leveraging technologies to enhance the quality of life for al and the emphasis on gender equity and promoting diversity in the world of employment for inclusivity, driving innovation and growth. On the first day of the meeting, deliberations were held on the over-arching theme of promotion of gender equality and promoting diversity in the workplace.

The Indian delegation emphasized the need for creating inclusive environments by ensuring equal representation and empowerment for all, irrespective of race, gender, ethnicity, or socio-economic background. To increase female labour force participation, India has enacted occupational safety health and working conditions code, 2020 which entitles women to be employed in all establishments for all types of work with their consent at night time. This provision has already been implemented in underground mines.

In 2017, the Government amended the Maternity Benefit Act of 1961, which increased the ‘maternity leave with pay protection’ from 12 weeks to 26 weeks for all women working in establishments employing 10 or more workers. This is expected to reduce the motherhood pay gap among the working mothers. To aid migrant workers, India’s innovative policy ‘One Nation, One Ration Card’ allows migrants to access their entitled food grains from anywhere in the Public Distribution System network in the country.

A landmark step in fostering inclusion in the workforce is the e-Shram portal, launched to create a national database of unorganized workers, especially migrant and construction workers. This initiative, providing the e-Shram card, enables access to benefits under various social security schemes.

The portal allows an unorganized worker to register himself or herself on the portal on self-declaration basis, under 400 occupations in 30 broad occupation sectors. More than 290 million unorganized workers have been registered on this portal so far.

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Policy&Politics

India to spend USD 3.7 billion to fence Myanmar border

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India plans to spend nearly $3.7 billion to fence its 1,610-km (1,000-mile) porous border with Myanmar within about a decade, said a source with direct knowledge of the matter, to prevent smuggling and other illegal activities. New Delhi said earlier this year it would fence the border and end a decades-old visa-free movement policy with coup-hit Myanmar for border citizens for reasons of national security and to maintain the demographic structure of its northeastern region.

A government committee earlier this month approved the cost for the fencing, which needs to be approved by Prime Minister Narendra Modi’s cabinet, said the source who declined to be named as they were not authorised to talk to the media. The prime minister’s office and the ministries of home, finance, foreign affairs and information and broadcasting did not immediately respond to an email seeking comment.

Myanmar has so far not commented on India’s fencing plans. Since a military coup in Myanmar in 2021, thousands of civilians and hundreds of troops have fled from there to Indian states where people on both sides share ethnic and familial ties. This has worried New Delhi because of risk of communal tensions spreading to India. Some members of the Indian government have also blamed the porous border for abetting the tense situation in the restive north-eastern Indian state of Manipur, abutting Myanmar.

For nearly a year, Manipur has been engulfed by a civil war-like situation between two ethnic groups, one of which shares lineage with Myanmar’s Chin tribe. The committee of senior Indian officials also agreed to build parallel roads along the fence and 1,700 km (1,050 miles) of feeder roads connecting military bases to the border, the source said.

The fence and the adjoining road will cost nearly 125 million rupees per km, more than double that of the 55 million per km cost for the border fence with Bangladesh built in 2020, the source said, because of the difficult hilly terrain and the use of technology to prevent intrusion and corrosion.

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Policy&Politics

ONLY 2-3% RECOVERED FROM $2-3 TN ANNUAL ILLEGAL TRADE THROUGH BANKING: INTERPOL

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However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity.

In a press briefing held on Wednesday, Interpol Secretary General Jurgen Stock unveiled alarming statistics regarding the extent of undetected money laundering and illegal trade transactions plaguing the global banking network. Stock revealed that over 96% of the money transacted through this network remains undetected, with only 2-3% of the estimated USD 2-3 trillion from illegal trade being tracked and returned to victims.

Interpol, working in conjunction with law enforcement agencies and private financial sectors across its 196 member countries, is committed to combating the rising tide of fraud perpetrated by illicit traders. These criminal activities encompass a wide spectrum, including drug trafficking, human trafficking, arms dealing, and the illicit movement of financial assets.

Stock emphasized the urgent need to establish mechanisms for monitoring transactions within the global banking network. Currently, efforts are underway to engage banking associations worldwide in setting up such a framework. However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity. The lack of real-time information sharing poses a significant obstacle to law enforcement agencies in their efforts to combat money laundering and illegal trade.

Stock underscored the role of Artificial Intelligence (AI) in exacerbating this problem, citing its use in voice cloning and other fraudulent activities. Criminal organizations are leveraging AI technologies to expand their operations and evade detection on a global scale. Stock emphasized the importance of enhanced cooperation between law enforcement agencies and private sector banking groups. Realtime information sharing is crucial in the fight against illegal wealth accumulation.

Drawing inspiration from initiatives such as the “Singapore Anti-Scam Centre,” Stock called for the adoption of similar models in other countries to strengthen the collective response to financial crimes. In conclusion, Stock’s revelations underscore the pressing need for concerted action to combat global financial crimes. Enhanced cooperation between public and private sectors, coupled with innovative strategies for monitoring and combating illicit transactions, is essential to safeguarding the integrity of the global financial system.

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Policy&Politics

FM defends Atal Pension Scheme, highlights guaranteed returns

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Finance Minister Nirmala Sitharaman defended the Atal Pension Yojana (APY) against Congress criticism, asserting its design based on choice architecture and a guaranteed minimum 8% return. She emphasized the scheme’s opt-out feature, facilitating automatic premium continuation unless subscribers choose otherwise, promoting retirement savings. Sitharaman countered Congress allegations of coercion, stating the APY’s guaranteed returns irrespective of market conditions, supplemented by government subsidies.

Responding to Congress’s claim of scheme misuse, Sitharaman highlighted its intended beneficiaries – the lower-income groups. She criticized Congress for its alleged elitist mindset and emphasized the scheme’s success in targeting the needy. Sitharaman accused Congress of exploiting vote bank politics and coercive tactics, contrasting it with the APY’s transparent framework. The exchange underscores the political debate surrounding social welfare schemes, with the government defending its approach while opposition parties raise concerns about implementation and efficacy.

Finance Minister Nirmala Sitharaman’s robust defense of the Atal Pension Yojana (APY) against Congress criticism highlights the ongoing debate over social welfare schemes in India. Sitharaman’s assertion of the APY’s design principles, including its opt-out feature and guaranteed minimum return, underscores the government’s commitment to promoting retirement savings among lower-income groups. The Atal Pension Yojana, named after former Prime Minister Atal Bihari Vajpayee, was launched in 2015 to provide pension benefits to workers in the unorganized sector. It aims to address the significant gap in pension coverage among India’s workforce, particularly those employed in informal and low-income sectors. The scheme offers subscribers fixed pension amounts ranging from Rs. 1,000 to Rs. 5,000 per month, depending on their contribution and age at entry, after attaining the age of 60. Sitharaman’s response comes after Congress criticism alleging the APY’s inefficacy and coercive tactics in enrolment.

Congress General Secretary Jairam Ramesh described the scheme as poorly designed, citing instances of subscribers dropping out due to unauthorized account openings. However, Sitharaman refuted these claims, emphasizing the APY’s transparent and beneficiary-oriented approach. The finance minister’s defense focuses on three key aspects of the APY: Choice Architecture: Sitharaman highlights the opt-out feature of the APY, which automatically continues premium payments unless subscribers choose to discontinue.

This design element aims to encourage long-term participation and ensure consistent retirement savings among subscribers. By simplifying the decision-making process, the scheme seeks to overcome inertia and promote financial discipline among participants. Guaranteed Minimum Return: Sitharaman underscores the APY’s guarantee of a minimum 8% return, irrespective of prevailing interest rates. This assurance provides subscribers with confidence in the scheme’s financial viability and incentivizes long-term savings.

The government’s commitment to subsidizing any shortfall in actual returns further strengthens the attractiveness of the APY as a retirement planning tool. Targeting the Needy: Sitharaman defends the predominance of pension accounts in lower income slabs, arguing that it reflects the scheme’s successful targeting of its intended beneficiaries – the poor and lower-middle class. She criticizes Congress for its alleged elitist mindset and suggests that the party’s opposition to welfare schemes like the APY stems from a disconnect with the needs of marginalized communities. Sitharaman’s rebuttal also addresses broader political narratives surrounding social welfare policies in India.

She accuses Congress of exploiting vote bank politics and coercive tactics, contrasting it with the transparent and inclusive framework of the APY. The exchange underscores the ideological differences between the ruling Bharatiya Janata Party (BJP) and the opposition Congress, with each side advocating for their vision of social welfare and economic development. In addition to defending the APY, Sitharaman’s remarks shed light on the broader challenges and opportunities facing India’s pension sector.

Despite significant progress in expanding pension coverage through schemes like the APY, the country still grapples with issues such as financial literacy, informal employment, and pension portability. Addressing these challenges requires a multifaceted approach involving government intervention, private sector participation, and civil society engagement.

As India strives to achieve its vision of inclusive and sustainable development, initiatives like the APY play a crucial role in promoting economic security and social equity. Sitharaman’s defense of the scheme underscores the government’s commitment to addressing the needs of vulnerable populations and ensuring their financial well-being in the long run.

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Economic

Regulatory steps will make financial sector strong, but raise cost of capital

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India’s financial system regulator, the Reserve Bank of India (RBI), is demonstrating a serious commitment to improving governance and transparency at finance companies and banks, with the RBI’s recent measures aimed at curtailing lenders’ overexuberance, enhancing compliance culture and safeguarding customers.

While the global ratings firm has appreciated the RBI’s “diminishing tolerance for non-compliance, customer complaints, data privacy, governance, know-your-customer (KYC), and anti-money laundering issues”, it has cautioned that increased regulatory risk could impede growth and raise the cost of capital for financial institutions. “Governance and transparency are key weaknesses for the Indian financial sector and weigh on our analysis. The RBI’s new measures are creating a more robust and transparent financial system,” says S&P Global Credit Analyst, Geeta Chugh. “India’s regulator has underscored its commitment to strengthening the financial sector. The drawback will be higher capital costs for institutions,” Chugh cautions.

The RBI measures include restraining IIFL Finance and JM Financial Products from disbursing gold loan and loans against shares respectively and asking Paytm Payments Bank (PPBL) to stop onboarding of new customers. Earlier in December 2020, the RBI suspended HDFC Bank from sourcing new credit card customers after repeated technological outages. These actions are a departure from the historically nominal financial penalties imposed for breaches, S&P Global notes.

Besides, as the global agency points out, the RBI has decided to publicly disclose the key issues that lead to suspensions or other strict actions against concerned entities and become more vocal in calling out conduct that it deems detrimental to the interests of customers and investors. “We believe that increased transparency will create additional pressure on the entire financial sector to enhance compliance and governance practices,” adds Chugh. The global agency has also lauded the RBI’s recent actions demonstrating scant tolerance for any potential window-dressing of accounts.

These actions include the provisioning requirement on alternative investment funds that lend to the same borrower as the bank finance company. Amidst the possibility of some retail loans, such as personal loans, loans against property, and gold loans getting diverted to invest in stock markets and difficulty of ascertaining the end-use of money in these products, S&P Global underlines the faith of market participants that the RBI and market regulator, the Securities and Exchange Board of India, want to protect small investors by scrutinizing these activities more cautiously.

On the flip side, at a time of tight liquidity, the RBI’s new measures are likely to limit credit growth in fiscal 2025 (year ending March 2025). “We expect loan growth to decline to 14 per cent in fiscal 2025 from 16 per cent in fiscal 2024, reflecting the cumulative impact of all these actions,” says Chugh. The other side of the story is that stricter rules may disrupt affected entities and increase caution among fintechs and other regulated entities and the RBI’s decision to raise risk weights on unsecured personal loans and credit cards may constrain growth. Household debt to GDP in India (excluding agriculture and small and midsize enterprises) increased to an estimated 24 per cent in March 2024 from 19 per cent in March 2019. Growth in unsecured loans has also been excessive and now forms close to 10 per cent of total banking sector loans.

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Policy&Politics

Penalty provisions for dissemination of deepfakes can create deterrent effect: CUTS

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A senior official from the global think tank CUTS International has emphasized the significance of penalty provisions in deterring the creation and spread of deepfakes and misinformation. Amol Kulkarni, Director of Research at CUTS International, highlighted the need for technological interventions to curb the misuse of AI-generated content.

CUTS International, Director, Research, Amol Kulkarni told the media that internet users would require adequate opportunities to verify the genuineness of content and it becomes important during the election season while the role of credible fact-checkers and trusted flaggers becomes crucial. He said that while the government advisory on March 15 removes permission requirements, it continues to rely on information disclosures to users for making the right choices on the Internet.

“Though transparency is good, information overload and ‘popups’ across user journeys may reduce their quality of experience. There is a need to balance the information requirements, with other implementable technological and accountability solutions which can address the problem of deepfakes and misinformation,” Kulkarni said. After a controversy over a response of Google’s AI platform to queries related to Prime Minister Narendra Modi, the government on 1 March issued an advisory for social media and other platforms to label undertrial AI models and prevent hosting unlawful content. The Ministry of Electronics and Information Technology in the advisory issued to intermediaries and platforms warned of criminal action in case of non-compliance. The previous advisory has asked the entities to seek approval from the government for deploying under trial or unreliable artificial intelligence (AI) models and deploy them only after labelling them of “possible and inherent fallibility or unreliability of the output generated”.

The Ministry of Electronics and IT on March 15 issued a revised advisory on the use and rollout of AI-generated content. The IT ministry removed the need for government approval for untested and under-development AI models but emphasised the need for labelling AI-generated content and information to users about the possible inherent fallibility and unreliability of the output generated.

Kulkarni said that addressing the issue of deepfakes and misinformation will require clarifying the responsibility of all stakeholders in the internet ecosystem: developers, uploaders, disseminators, platforms and consumers of content. “Penalty provisions for the development and dissemination of harmful deepfakes and misinformation could also create a deterrent effect. Technological solutions to tag potentially harmful content and shifting the burden on developers and disseminators to justify the use of such content could also be designed,” he said.

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