Current Affairs [Prelims] Lexicon – September, 2024
Polity & Governance
12th Schedule
The 12th Schedule, added by the 74th Constitutional Amendment Act of 1992, lists eighteen functions devolved to urban local bodies, including urban planning, water supply, sanitation, and public health. These functions are meant to empower municipalities with administrative and financial autonomy. However, in practice, many of these functions are managed by multiple agencies, causing overlapping authority and reducing the independent power of city governments. The Schedule aims to promote decentralization and improve urban governance by clearly defining municipal responsibilities.
Why in news?
The report on urban governance notes that despite the 12th Schedule, multiple agencies managing devolved functions weaken city governments authority, impacting governance effectiveness.
6th Schedule Areas
The 6th Schedule of the Constitution of India provides autonomous administrative councils to tribal regions in Assam, Meghalaya, Tripura, and Mizoram. These councils have legislative, judicial, and executive powers to govern tribal affairs and protect indigenous cultures. In Assam, the 6th Schedule areas include districts like Karbi Anglong and Dima Hasao. The councils can make laws on land, forest management, and social customs. The autonomy limits the direct application of state laws, including Assam Accord implementations, without local approval. This arrangement preserves tribal identity and self-governance within the Indian federal framework.
Why in news?
The Assam government will implement Clause 6 recommendations statewide except in 6th Schedule areas, where implementation requires concurrence from local authorities and people.
Arbitration Council of India
The Arbitration Council of India (ACI) was established by the 2019 amendment to the Arbitration and Conciliation Act, 1996, to promote arbitration and improve the arbitration ecosystem in India. The ACI is tasked with accrediting arbitrators, maintaining a roster of qualified arbitrators, and developing institutional arbitration facilities. Despite being legislated, the council has not yet been constituted as of 2024. The ACI aims to standardize arbitration practices and enhance the quality of arbitral awards. It is expected to play a key role in reducing arbitration delays and costs once operational. The council is also designed to promote India as a global arbitration hub.
Why in news?
The 2019 amendment created the Arbitration Council of India, but it remains unconstituted as the government reviews arbitration laws to reduce pendency and costs.
Article 163 of the Constitution of India
Article 163 mandates that the Governor of a state acts on the aid and advice of the Council of Ministers, except in situations where the Constitution requires the Governor to act at their discretion. It establishes the Governors role as largely ceremonial but allows discretionary powers in exceptional circumstances. This article is fundamental in defining the balance of power between the Governor and the elected government. The Supreme Court has interpreted it to permit independent action by Governors when there is a real likelihood of bias or conflict of interest in the Councils advice. This provision is often invoked in political and constitutional disputes.
Why in news?
Siddaramaiah challenged the Governors sanction for investigation, citing Article 163, arguing the Governor should have followed the Council of Ministers advice, which was ignored.
Article 172 of the Constitution of India
Article 172 of the Constitution of India prescribes that the term of a state legislative assembly is five years from the date appointed for its first meeting unless dissolved sooner. This article allows the Parliament to extend the term during a national emergency, but such extension must be ratified by the legislatures of at least half of the states. The article ensures a fixed tenure for state governments, maintaining federal balance. It was part of the original constitutional framework adopted in 1950 and has been invoked rarely. Amendments to this article without state ratification challenge the federal structure and are constitutionally contentious.
Why in news?
The High-Level Committees proposal for One Nation, One Election suggests amending Article 172 to synchronize state assembly terms with Lok Sabha elections without requiring state ratification, raising constitutional and federal concerns.
Article 174(2)(b) of the Constitution of India
Article 174(2)(b) empowers the Governor of a state to dissolve the Legislative Assembly “from time to time.” This dissolution can occur on the recommendation of the Council of Ministers, effectively ending the current Assembly’s term prematurely. Once dissolved, the Election Commission of India (ECI) is mandated to conduct ...