GS 2

Does the anti-defection law need changes?

Syllabus: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Source: TH

In News

The political controversy cases in Maharashtra, which are currently pending before the Supreme Court, carry significant implications as they raise fundamental questions about the functioning of India’s “anti-defection law.”

Background

• The ruling MVA coalition lost power last year due to internal disagreements within the Shiv Sena party, which led to a faction joining forces with the BJP to form a new ruling coalition.
• Disputes between the different parties have persisted since then.

Tenth Schedule

The Tenth Schedule, also known as the Anti-defection law, was added to the Indian Constitution as the 52nd Amendment in 1985. Here are some key points about the law:

• The law penalizes individual MPs/MLAs for leaving one party for another to bring stability to governments.
• However, it allows a group (at least 2/3rd) of MPs/MLAs to join/merge with another political party without inviting the penalty for defection.
• Defection occurs when legislators elected on the ticket of one political party voluntarily give up their membership or vote against the party’s wishes in the legislature.
• An independent MP/MLA can also join a political party later, while a nominated legislator can only join a political party within six months of being appointed to the House.
• The Presiding Officers of the Legislature, i.e., the Speaker or Chairman, are the deciding authority for defection cases.
• However, the law does not provide a time frame within which the presiding officer must decide a defection case.
• The Supreme Court has recommended that the Speakers/Chairman should ideally take a decision on a defection petition within three months.
• Legislators have the right to challenge decisions before the higher judiciary.

The implementation of the 10th Schedule has been plagued by several issues, including:

• Numerous instances of mid-term government toppling.
• Power politics and internal dissent within parties.
• Mass resignations to force fresh elections instead of defections.
• Partisan actions by State Governors regarding swearing-in ceremonies and floor tests.
• Partisan actions by Speakers, such as delaying disqualification petitions or making hasty decisions.
• As a result, the 10th Schedule has become ineffective, leaving governments without clear majorities vulnerable.

The court faces a challenging task as it must adjudicate the actions of several constitutional functionaries, including Governors, Speakers, legislative party leaders, and elected representatives. It cannot presume dishonesty and must maintain an institutional arm’s length from political actors to make decisions based on legalities.

The SC has issued several judgments on defection, including:

• In the Kihoto Hollohan case (1992), the SC upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.
• In the Nabam Rebia judgment (2016), the SC ruled that the Speaker cannot decide on a disqualification petition while a notice under Article 179(c) for the Speaker’s removal is pending.

National Data and Analytics Platform (NDAP)

Source: IE

In News

The Indian government is creating a data ecosystem, through the NDAP, that will allow policy-makers and researchers to harness the potential of public data.

About National Data & Analytics Platform (NDAP)

• The National Data & Analytics Platform (NDAP) was launched in 2022 by NITI Aayog.
• NDAP is a collaboration between various ministries and state governments in India.
• The platform aims to democratize access to government data.
• NDAP makes data accessible, interoperable, interactive, and user-friendly.
• The platform is designed to serve various stakeholders, including policymakers, civil servants, researchers, journalists, innovators, and civil society groups.
• NDAP is a part of the State Support Mission of NITI Aayog.

Current Issues

• Lack of uniformity in data format and no interoperability:
  • Public data in India was difficult to use due to differences in format and quality.
  • Users couldn’t compare data from different departments or data gathered over time.
• Implications of rising digital Technologies:
  • Data and digital technologies are rapidly transforming economies and societies.
  • They have enormous implications for governments’ daily operations.
• The need to bring NDAP arose due to the above issues.

How NDAP solves these issues?

• NDAP solves the lack of uniformity in data format and interoperability issues.
• It provides a user-friendly platform with standardized datasets from central and state government entities.
• NDAP offers tools for analytics and visualization.
• It allows decision-makers to seamlessly access data from different sources, saving time and effort.
• For example, a state-level civil servant building new primary health centers can easily find and integrate three public datasets using NDAP.
• NDAP can leverage data to strengthen good governance by making it easier to access and analyze public data.

Significance of NDAP

The National Data & Analytics Platform (NDAP) is a significant development as it:

• Facilitates the integration and use of multiple data sources simultaneously, simplifying access to public data for a variety of stakeholders such as the government, academia, journalism, civil society, and the private sector.
• Provides standardized datasets that enable merging and cross-sectoral analysis, promoting more informed and evidence-based decision-making.
• Offers customizable features that allow users to create flexible tables and visualizations that cater to their specific needs.
• Ensures the quality of datasets through NDAP’s in-house 5-star rating framework, providing benchmark datasets that are reliable and trustworthy.
• Enables data-driven governance, leading to better policy outcomes and benefits for the general public.

There are other initiatives in India that aim to promote open data and make it accessible to the public, including:

• The policy around open data by the Ministry of Electronics and Information Technology.
• The Open Government Data (OGD) Platform India was developed by the National Informatics Centre (NIC).
• The National Data Sharing and Accessibility Policy (NDSAP) 2012, which aims to proactively provide access to shareable government-owned data along with its usage information.
• India currently has over 1.6 lakh data resources and has published more than 4,015 application programming interfaces (APIs) from over 100 government departments.

In conclusion, NDAP was created to promote cooperative federalism, ensuring that all states are equal partners in the journey towards becoming champions of data-driven policymaking. As an important tool for data-driven decision-making, NDAP has been integrated into the curriculum of officer trainees at the Lal Bahadur Shastri National Academy of Administration, Mussoorie, to instill a data-driven mindset from the outset of their careers. With its potential to become an open data platform, NDAP has the ability to facilitate data-driven governance and play a vital role in India’s future.

GS 3

HIV

Syllabus: Science and Technology: Biotechnology

Source: Indian Express

In News

The individual known as the “Dusseldorf patient” has become the third person to be “healed of HIV” following a bone marrow transplant containing a particular HIV-resistant genetic mutation, CCR5 delta 32.

What is CCR5 mutation and how does it fight off HIV?

• HIV mainly targets and damages CD4 immune cells in the body, reducing the body’s ability to defend against infections.
• The virus enters the CD4 cells through CCR5 receptors on their surface, but the CCR5-delta 32 mutation prevents the formation of these receptors, making it impossible for HIV to enter the cells. (Refer to the infographic given below).
• Only 1% of people worldwide have two copies of the CCR5-delta 32 mutation, while 20% of people have one copy of the mutation, which is more common in those of European ancestry.
• People with the mutation are highly resistant to HIV infection.

Current HIV treatments

• There is currently no cure for HIV.
• Antiretroviral therapy (ART) is used to manage the infection.
  • ART medicines suppress HIV replication in the body.
  • This allows CD4 immune cells to increase in number.
• If left untreated, HIV can progress to the Acquired Immunodeficiency Syndrome (AIDS) stage.
  • In the AIDS stage, a person’s immune system is destroyed.
  • This makes them vulnerable to opportunistic infections that can lead to death.

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