NOTA (None of the above)

Why in new?

The Supreme Court scrapped the use of NOTA (none of the above) option for Rajya Sabha polls, saying it would usher back the “Satan of defections.”

Judgement

• The option of NOTA may serve as an elixir in direct elections but in the election to the Council of States, it would not only undermine the purity of democracy but also serve the Satan of defection and corruption.
• The court pointed out that in the voting in Rajya Sabha elections, there is a whip and the elector is bound to obey the command of the party.
• The party discipline in this kind of election is of extreme significance, for that is the fulcrum of the existence of parties. It is essential in a parliamentary democracy. The thought of cross-voting and corruption is obnoxious.
• The court held that NOTA in an indirect election would not only run counter to the discipline expected from an elector under the Tenth Schedule but also be “counterproductive to the basic grammar of the law of disqualification on the ground of defection.”
• The use of NOTA cannot be sanctioned by way of the impugned circulars which has the effect of overriding the provisions of Article 80(4), the provisions of Representation of People Act 1951 and the Conduct of Election Rules 1961.

About NOTA

• “NOTA” or ‘None of the Above’ has been provided as an option to the voters of India in most elections. Through the usage of NOTA, a citizen can choose not to vote for any candidates who are contesting the elections.
• However, NOTA in India does not guarantee dismissal of the winning candidate. Therefore, it’s only a method to give a negative feedback.
• NOTA does not hold any electoral value even if the maximum votes are for NOTA, the candidate with maximum vote share will still be the winner.
• The option of NOTA for Lok Sabha and assembly elections was prescribed by the SC in 2013.
• In 2014, ECI introduced NOTA in Rajya Sabha elections.
• In 2015, Election Commission of India announced the symbol for ‘None of the Above’ option, with the design being done by National Institute of Design (NID), Ahmedabad. Earlier, there were demands that Election Commission allot the symbol of a donkey for NOTA.

Criminalization of Politics

Why in news?

The Supreme Court has proposed to make political parties accountable for criminalising politics by welcoming in “crooks” who may later win elections on party ticket and grab power.

What are the Suggestions made by the court?

• The Court may direct the Election Commission to insist that parties get new members to declare in an affidavit their criminal antecedents and publish them so that the “entire country knows how many criminals there are in a party.”
• The court said the EC could de-register a party or withdraw its symbol if it refused to comply.

Why this suggestion?

To prevent criminals from entering politics or later contesting elections to become parliamentarians, legislators and Ministers.

Centre response to Supreme Court suggestion

A political party has a right to field its candidate. Mere charges of having committed a crime cannot be used to prevent a person from contesting elections. The suggestion made by the court amounts to prematurely disqualifying a candidate. Besides, the court is taking on itself a matter of the legislature.

Provisions related?

• The power of the Election Commission to conduct an election and register/de-register political parties under Article 324 of the Constitution and Section 29A of the Representation of the People Act of 1951, respectively.
• Section 8 of the Representation of the People (RP) Act, 1951 disqualifies a person convicted with a sentence of two years or more from contesting elections. But those under trial continued to be eligible to contest elections. The Lily Thomas case (2013), however, ended this unfair advantage.

Ecologically-sensitive areas

Why in new?

The State government has told the Centre, two days before the deadline to submit recommendations on demarcation of ecologically-sensitive areas that it disagrees with the report of the K. Kasturirangan-led committee.

Background

The Centre had sought the views of Karnataka, Kerala, Maharashtra, Goa, Gujarat, and Tamil Nadu on the ESAs for issuing final notification based on the report of the Kasturirangan Committee.

Kasturirangan committee

• The Kasturirangan committee report has sought to balance the two concerns of development and environment protection, by watering down the environmental regulation regime proposed by the Western Ghats Ecology Experts Panel’s Gadgil report in 2012.
• It seeks to bring just 37% of the Western Ghats under the Ecologically Sensitive Area (ESA) zones — down from the 64% suggested by the Gadgil report
• It has recommended prohibition on development activities in 60,000 km ecologically sensitive area spread over Gujarat, Karnataka, Maharashtra, Goa, Kerala and Tamil Nadu

Gadgil Committee and its successor Kasturirangan Committee recommended suggestions to protect the Western Ghats. Gadgil report was criticized as being too environment-friendly and Kasturirangan report was labelled as being anti-environmental.

ILO report flags wage inequality in India

Why in news?

The International Labour Organization has published India Wage Report.

Highlights of report

• Real average daily wages in India almost doubled in the first two decades after economic reforms, but low pay and wage inequality remains a serious challenge to inclusive growth.
• Overall, in 2009-10, a third of all of wage workers were paid less than the national minimum wage, which is merely indicative and not legally binding. That includes 41% of all casual workers and 15% of salaried workers.
• In 2011-12, the average wage in India was about ₹247 rupees a day, almost double the 1993-94 figure of ₹128. However, average labour productivity (as measured by GDP per worker) increased more rapidly than real average wages. Thus, India’s labour share — or the proportion of national income which goes into labour compensation, as opposed to capital or landowners — has declined.
• The rise in average wages was more rapid in rural areas, and for casual workers. However, these groups started at such a low base that a yawning wage gap still remains. Thus, the average wage of casual workers — who make 62% of the earning population — was only ₹143 a day.
• Daily wages in urban areas (₹384) also remain more than twice as high as those in rural areas (₹175). Regional disparities in average wages have actually increased over time, with wages rising more rapidly in high-wage States than in low-wage ones.
• The gender wage gap decreased from 48% in 1993-94 to 34% in 2011-12, but still remains high by international standards. And of all worker groups, the average wages of casual rural female workers was the lowest, at just ₹104 a day.

Way ahead

The ILO has called for stronger implementation of minimum wage laws and strengthening of the frameworks for collective bargaining by workers. This is essential to combat persistent low pay in some sectors and to bridge the wage gaps between rural and urban, male and female, and regular and casual workers.

About ILO

• The International Labour Organization (ILO) is a United Nations agency dealing with labour problems, particularly international labour standards, social protection, and work opportunities for all.
• The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are members of the ILO.
• In 1969, the organisation received the Nobel Peace Prize for improving peace among classes, pursuing decent work and justice for workers, and providing technical assistance to other developing nations.

Cess on State GST

Why in news?

The Kerala government is looking forward to imposition of a 10% cess on State GST and rise in its borrowing limit from the present 3% to 4.5% of the Gross State Domestic Product (GSDP) to raise sufficient resources for the post-floods reconstruction challenges that Kerala faces.

Can states levy a cess over and above GST?

Yes, states can levy such a cess if and only if it is approved by the GST Council. However, this is an unlikely outcome as it would set a precedent where any State will be able to request levying a cess above GST, which defeats the purpose of a uniform tax rate across the country.

If approved, what are the challenges?

• According to tax analysts, there are several procedural details that will have to be worked out before the cess is implemented.
• One has to do with whether the cess will apply only on intra-State supplies, or whether suppliers of goods to Kerala from other States also have to impose the cess.
• Another aspect that will need clarity is that since Kochi is an international port, will imports also bear the burden of the cess?