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Editorials & Articles – 22 March 2024

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Editorials & Articles – 22 March 2024

Water, an instrument to build world peace

Topic: GS2 – Governance – Government Policies, GS3 – Environment and Ecology

The topic is crucial for UPSC as it addresses environmental challenges, government policies, and sustainable development, key aspects of UPSC syllabus.
Context
●  The article discusses India’s water crisis, emphasizing the importance of conservation measures, government initiatives, and rainwater harvesting for achieving water security and peace.

 Introduction to World Water Day:

  • World Water Day, observed on March 22 annually since 1993, is a global initiative supported by the United Nations to raise awareness about the significance of freshwater.
  • This year’s theme, “Water for Peace,” underscores the critical role water plays in promoting peace and stability globally.

Water Crisis in India:

  • India faces a multifaceted water crisis stemming from rapid urbanization, industrialization, unsustainable agricultural practices, and climate change.
  • Factors such as erratic rainfall patterns, water overuse, pollution, and inadequate infrastructure exacerbate the problem.
  • According to the World Resources Institute, 17 countries, including India, are under extreme water stress, which could lead to conflicts and unrest.

Challenges and Statistics:

  • India’s water availability is already low and expected to decrease further by 2025 and 2050.
  • Groundwater depletion is rampant across states like Punjab, Rajasthan, Delhi, and Haryana, reaching alarming ratios.
  • Many rivers and streams have intermittent flows or have dried up entirely, impacting ecosystems and water security.

Current Initiatives and Government Programs:

  • The government has launched initiatives like the Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) and Mission Amrit Sarovar to address water conservation.
  • Emphasis is placed on rainwater harvesting, rejuvenation of water bodies, watershed development, and afforestation.
  • However, there’s a need for a comprehensive protocol for the revival of ponds and water bodies.

Importance of Rainwater Harvesting:

  • Rainwater harvesting is crucial for augmenting water availability and resilience against scarcity and drought.
  • Large-scale rainwater harvesting structures, conjunctive use with groundwater, and safe wastewater reuse are vital for sustainable water management.

Additional Interventions for Water Security:

  • Monitoring groundwater levels, reclaiming water quality, and implementing water pricing mechanisms are essential steps.
  • A circular water economy, efficient irrigation techniques, and integrated water resource management are necessary for sustainable usage.
  • Community awareness campaigns, adoption of low-water requirement crops, and optimal crop planning are crucial for water conservation.

Conclusion:

  • Strengthening World Water Day 2024’s theme requires comprehensive strategies to address India’s water crisis.
  • Implementing rainwater harvesting, government initiatives, and additional interventions can enhance water security and contribute to a more peaceful world.
  • By focusing on these initiatives, India can mitigate its water crisis and move towards a more sustainable and peaceful future.
Water crisis in India:
Reasons:

●     Rapid population growth increasing demand for water.

●     Urbanization and industrialization leading to water pollution and depletion.

●     Poor water management practices and inefficient use of resources.

●     Climate change impacting rainfall patterns and water availability.

●     Over-extraction of groundwater for agriculture and domestic use.

Challenges to Combat:

●     Inadequate infrastructure for water storage, distribution, and treatment.

●     Unequal distribution of water resources among different regions.

●     Lack of awareness about water conservation and sustainable practices.

●     Political and bureaucratic hurdles in implementing effective policies.

●     Conflicts over water sharing between states exacerbating the crisis.

Way Forward:

●     Implementing stringent regulations to control water pollution and ensure sustainable use.

●     Investing in water conservation technologies and infrastructure development.

●     Promoting community-based water management initiatives.

●     Encouraging rainwater harvesting and groundwater recharge techniques.

●     Enhancing public awareness through education and outreach programs.

●     Facilitating inter-state cooperation and dispute resolution mechanisms.

●     Integrating water management into urban planning and development policies.

●     Fostering research and innovation for efficient water use and management.

Addressing the water crisis in India requires a comprehensive approach involving government intervention, community participation, technological innovation, and sustainable practices across various sectors.

Navigating the global waterscape, its challenges

Topic: GS3 – Environment and Ecology – Environmental pollution and degradation

From the UPSC perspective, understanding water diplomacy, cooperation, and management is crucial for addressing global challenges and fostering peace.
Context
● The article discusses the global challenge of water scarcity, emphasizing the importance of water diplomacy, international cooperation, and sustainable management to address issues such as rural water access, transboundary water governance, and achieving peace and prosperity.

 Introduction

  • Global Water Scarcity: Approximately two billion people globally lack access to clean water, with demand continuously increasing, posing threats to basic human needs, prosperity, and peace.
  • World Water Day 2024 Theme: The theme for the 31st World Water Day is “Leveraging Water for Peace”, emphasizing the importance of water in fostering peace and prosperity.

Historical Perspective

  • Civilizations and Water: Throughout history, water has been crucial for civilizations such as those around the Indus, Nile, Tigris, and Euphrates rivers, but conflicts have also arisen over its control.
  • Mesopotamian Conflict: Historical conflicts like the one between the Mesopotamian cities of Lagash and Umma demonstrate the tensions over water resources, resulting in one of the oldest known peace treaties, the Treaty of Mesilim.

Water Diplomacy in Modern Context

  • Meteorological Extremities: Current meteorological extremes, including heat waves and floods, amplify concerns about water insecurity due to climate change, affecting regions like India where erratic monsoons impact agriculture and the economy.
  • International Cooperation: Improved cooperation over water-sharing and adherence to International Water Law principles are essential to govern shared waters sustainably and promote peace.
  • Inclusive Approaches: Water diplomacy requires inclusive approaches involving indigenous and local communities, civil society, and academic networks to prevent and resolve water-related disputes.

Global Water Challenges

  • Water Quality Data Shortage: The 2024 UN report highlights a shortage of water quality data globally, particularly affecting rural areas where four out of five people lacking basic drinking water services reside.

Addressing Rural Water Needs

  • Rural Water Dependency: In India, 70% of the rural population relies on water for households and agriculture, which accounts for 70% of global freshwater use.
  • Positive Outcomes: Increased water investments in rural areas can lead to positive outcomes in health, education, employment, and overall well-being.
  • AI in Agriculture: Emerging AI technology in agriculture can enhance water conservation, crop productivity, and sustainability.

Transboundary Water Governance

  • Transboundary Waters: Many of the world’s freshwater resources are in transboundary waters, necessitating sophisticated cross-border water governance.
  • South Asian Region: Water pollution in rivers like the Meghna, Brahmaputra, Ganga, and Indus has worsened in South Asia, requiring effective cross-border cooperation.

Progress and Challenges

  • Cooperation Status: Out of 153 water-sharing nations, only 24 have achieved full cooperation agreements on shared waters, highlighting the need for increased collaboration.
  • Importance of Cooperation: Transboundary water cooperation is crucial for achieving the 2030 Agenda and Sustainable Development Goals, benefiting various sectors and ecosystem services.

Conclusion

  • Collective Well-being and Peace: Cooperation in sustainable water management is essential for ensuring collective well-being, peace, and achieving global development goals.

Should judges accept official posts after retirement?

Topic: GS2 – Indian Polity – Judiciary

Crucial for UPSC as it addresses judicial ethics, political neutrality, and reforms vital for maintaining judicial integrity.
Context
●     The article highlights debates on judicial conduct, post-retirement appointments, and reforms to ensure integrity and independence within the judiciary.

 Judicial Conduct and Political Affiliation:

  • The recent case of a former judge of the Calcutta High Court joining a political party after resigning has sparked debates on judicial conduct.
  • While there is no legal prohibition, concerns over judicial independence and ethical conduct have been raised.

Reforming Judicial Conduct:

  • The need for the Supreme Court to redefine the expected values from judges of superior courts has been highlighted.
  • Reinforcing the Bangalore Principles of Judicial Conduct (2002) could serve as a starting point.

Cooling-off Period and Post-Retirement Appointments:

  • Suggestions for a cooling-off period after retirement have been made to mitigate potential conflicts of interest.
  • Recommendations vary, with opinions leaning towards a cooling-off period of two to three years.

Public Perception and Judicial Integrity:

  • Concerns exist regarding public perception of judicial decisions made close to retirement, potentially influenced by post-retirement benefits.
  • Post-retirement appointments may lead to doubts about the impartiality of judgments, particularly concerning cases involving the government.

Legislative Action and Judicial Appointments:

  • Proposals for central legislation to regulate post-retirement appointments have been suggested.
  • The judiciary should take a proactive stance in ensuring transparency and integrity in appointments.

Alternative Solutions and Retirement Age:

  • Increasing the retirement age of judges has been proposed as a solution, although concerns about mental and physical faculties have been raised.
  • Lifetime appointments, as seen in the U.S., may not be suitable for India due to potential stagnation and lack of fresh talent.

Equal Retirement Ages and Institutional Dynamics:

  • Uniform retirement ages for High Court and Supreme Court judges have been advocated to address imbalances in institutional dynamics.
  • Disparities in retirement ages can create hierarchical tensions within the judiciary.

Reforming Tribunal Appointments:

  • Alternative approaches to tribunal appointments, such as a common service or written test, have been suggested.
  • Concerns exist about the potential bureaucratization of judicial roles through standardized testing.

Monetary Perks and Post-Retirement Motivations:

  • Increasing post-retirement monetary perks like pensions may not address the underlying motivations for seeking post-retirement appointments.
  • Post-retirement jobs are often sought for power rather than financial gain, suggesting the need for broader systemic reforms.

Conclusion:

  • In summary, the discussion underscores the complexities surrounding judicial conduct, post-retirement appointments, and the need for reforms to uphold judicial integrity and independence.
Judges Taking Official Posts After Retirement:
Arguments for:

●   Expertise Utilization: Judges bring extensive legal knowledge and experience to their new roles, potentially improving decision-making.

● Institutional Knowledge: Retired judges can provide valuable insights into the workings of the judiciary, aiding in reforms and policy-making.

●  Stability: Continuity in governance may be ensured by retaining experienced personnel in official positions post-retirement.

Arguments against:

● Conflict of Interest: Former judges may face accusations of bias or favoritism, especially if their new roles involve interactions with the judiciary.

●Judicial Independence: There’s a risk that judges might feel beholden to political or corporate interests if they transition into government or private sector roles.

● Undermining Trust: Public perception of impartiality within the judiciary could be compromised, eroding trust in the legal system.

● Lack of Accountability: Retired judges might operate without the same oversight mechanisms as active judges, leading to potential abuses of power.

IN THE SAME BOAT

Topic: GS2 – International Relations – Bilateral Relations

GS3 – Environment

This topic is relevant for both Prelims and Mains as this analysis discusses the UAE’s and India’s efforts to address water scarcity and the potential for collaboration between the two countries.

 

Context:
  • Water scarcity is not a distant concern but rather a pressing issue with global ramifications.
  • From Europe to Asia, governments and communities are facing this challenge, which poses threats to international security, contributes to humanitarian crises, social unrest, and even armed conflicts.
  • This analysis delves into the current state of water scarcity, focusing on global efforts and the specific situations in the UAE and India, highlighting the need for collaborative action to address this issue.

Global Concerns and Projections:

  • The impact of water scarcity is exacerbated by climate change, with projections indicating a potential increase in affected populations.
  • According to the Intergovernmental Panel on Climate Change, global warming could lead to millions to billions more people experiencing water scarcity.
  • This underscores the urgency for collaborative action on a global scale to secure a sustainable future for all.

UAE’s Response to Water Scarcity:

  • The UAE, situated in a dry, arid environment, has long prioritized effective water management.
  • Leveraging cutting-edge technologies, the UAE has implemented measures to support the sustainable use of water resources.
  • Furthermore, the UAE has taken a proactive role in global initiatives, advocating for action on water scarcity at events like COP28 and committing financial resources to support innovative solutions through initiatives like the XPrize Water Scarcity competition.

India’s Challenges and Efforts:

  • India, despite hosting a significant portion of the world’s population, faces its own challenges with water scarcity.
  • With only a small fraction of global water resources, India has implemented various strategies, including community-level efforts and national policies like the National Water Policy 2020, to address this issue.
  • India shares the UAE’s concerns and recognizes the importance of collaborative efforts to mitigate water scarcity.

Collaborative Opportunities Between UAE and India:

  • Recognizing their shared interests and concerns, the UAE and India must collaborate more closely to address water scarcity.
  • By leveraging their combined knowledge and resources, both countries can foster innovative solutions that support water security not only domestically but also globally.
  • Joint efforts can focus on integrating water conservation measures into agricultural policies, supporting sustainable investment, and fostering collaboration between public and private sectors.

Conclusion:

  • The urgent need for novel solutions to combat water scarcity necessitates collaboration and collective action.
  • The UAE extends an open invitation to India and other stakeholders to collaborate on transformative ideas that ensure a sustainable water future for all.
  • By acting decisively and together, water scarcity can be addressed as a unifying force for shared prosperity rather than a source of conflict.
What could be the Effects of Water Scarcity in India?
  • Health Issues: Lack of access to safe drinking water can cause various health problems such as dehydration, infections, diseases, and even death. A report by the NITI Aayog stated that around 2 lakh people die in India every year due to inadequate water supply.
  • According to the World Bank, India has 18% of the world’s population, but only has enough water resources for 4% of its people. In 2023, around 91 million Indians will not have access to safe water.
  • Ecosystem Damage: Water scarcity also poses a threat to the wildlife and the natural habitats in India. Many wild animals have to venture into human settlements in search of water, which can lead to conflicts and endangerment. Water scarcity also disrupts the biodiversity and the ecological balance of the ecosystems.
  • Reduced Agriculture Productivity: Water scarcity can have a negative impact on the agricultural sector, which consumes 85% of the country’s water resources. Water scarcity can reduce crop yields, affect food security, and increase poverty among farmers.
  • Economic Losses: Water scarcity can hamper the economic growth and development of India. Water scarcity can affect industrial production, reduce energy generation, and increase the cost of water supply and treatment. Water scarcity can also affect tourism, trade, and social welfare.
  • In the report, ‘Climate Change, Water and Economy’, the World Bank (2016) underlines that countries with water shortages may face a major setback in economic growth by 2050.

 The judge’s code

Topic: GS2 – Polity – Judiciary

This topic is relevant for both Prelims and Mains in the context of understanding the principles of judicial conduct and their implications for governance and the rule of law.

 

Context:
  • Former Judge Abhijit Gangopadhyay’s swift transition to politics within 48 hours of demitting office has raised eyebrows and sparked debates.
  • While it’s not unprecedented for judges to enter the political arena, Gangopadhyay’s case has stirred controversy due to the circumstances surrounding his resignation and the manner in which he entered politics.

Precedents of Judges in Politics:

  • Gangopadhyay’s move isn’t the first instance of a judge venturing into politics.
  • Historical examples like former Chief Justice of India K Subba Rao, Justice Baharul Islam, and Justice KS Hegde have also made transitions from the judiciary to the political sphere.
  • However, these transitions were often spaced out over time and occurred under different circumstances, raising questions about the uniqueness of Gangopadhyay’s case.

Gangopadhyay’s Controversial Tenure and Political Ambitions:

  • What sets Gangopadhyay apart from his predecessors is the controversy surrounding his tenure as a judge and the apparent use of his judicial position as a platform to advance his political ambitions.
  • Gangopadhyay’s actions, including political statements in courtrooms and alleged breaches of judicial conduct, have sparked concerns about the integrity and impartiality of the judiciary.

Judicial Ethics and Integrity:

  • The Bangalore Principles of Judicial Conduct, which emphasize the importance of judicial dignity, impartiality, and independence, serve as a benchmark for judicial behavior.
  • Gangopadhyay’s actions, including engaging in political activities while holding a judicial office, have raised questions about his adherence to these principles and their implications for public trust in the judiciary.

The Need for Judicial Self-Restraint:

  • Former Judge ES Venkataramiah’s reflections on judicial conduct highlight the importance of self-restraint and humility in upholding the integrity of the judiciary.
  • Gangopadhyay’s apparent disregard for these principles, coupled with his self-aggrandizement, stands in contrast to the ideals of judicial self-restraint and humility.

Conclusion:

  • Gangopadhyay’s swift transition to politics and the controversies surrounding his tenure raise broader questions about judicial ethics, integrity, and the delicate balance between judicial independence and accountability.
  • As the judiciary’s custodians of justice, judges must uphold the highest standards of conduct to maintain public trust and confidence in the judiciary.
What can be Done to Address Judges Taking Post Retirement Jobs?
 Implement a Cooling-Off Period:

  • Similar to the suggestion of former Chief Justice R M Lodha, there should be a mandatory cooling-off period between a judge’s retirement and their eligibility for any post-retirement assignment.
  • This period would help mitigate potential conflicts of interest and ensure impartiality.
  • Recommendations of Law Commission:
  • The recommendations of the 14th Law Commission Report, 1958, highlighted this concern and advocated for a system that ensures financial security to the judges without compromising independence.
  • Enhance Judicial Ethics and Standards:
  • Strengthening the ethical guidelines and standards for judges, both during their tenure and post-retirement, can help maintain the integrity and impartiality of the judiciary. Judges should be encouraged to prioritise public trust and confidence in the judiciary over personal interests.
  • Increase Transparency:
  • There should be greater transparency in the process of appointing retired judges to post-retirement positions.
  • This includes disclosing the criteria for selection, ensuring open competition for these roles, and making public the reasons behind each appointment.
Enforcement Directorate arrests Delhi Chief Minister

Why in news?

  • Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate (ED) in Delhi Excise policy-linked money laundering case.
  • The arrest, the first of a sitting Chief Minister, came hours after the Delhi High Court refused to grant protection to Mr. Kejriwal from any coercive action by the agency.

What’s in today’s article?

  • Enforcement Directorate (ED)
  • Delhi Excise Policy 2021-22

Enforcement Directorate (ED)

  • About
    • The Enforcement Directorate was established in the year 1956 as an ‘Enforcement Unit’ under the Department of Economic Affairs.
    • Later, in 1957, this Unit was renamed as ‘Enforcement Directorate’.
  • Administrative control
    • Presently, it is under the administrative control of the Department of Revenue (Ministry of Finance) for operational purposes.
  • Functions
    • ED is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA), and certain provisions under the PMLA.
    • ED has the power to attach the asset of the culprits found guilty of the violation of FEMA.
    • It has also been empowered to undertake, search, seizure, arrest, prosecution action, and survey, etc. against the offences committed under PMLA.
  • Appointment of Director of ED
    • The ED Director is appointed by the central government on the recommendation of a committee:
      • chaired by the Central Vigilance Commissioner and
      • members comprising of Vigilance Commissioners, Home Secretary, Secretary DOPT and Revenue Secretary.

Delhi Excise Policy 2021-22

  • About
    • Also known as the new liquor policy, the Delhi Excise Policy 2021-22 was implemented on November 17, 2021.
    • It changed how liquor was sold in the city — with the government withdrawing from the business and allowing only private operators to run liquor shops.
    • The main aim was to improve customer experience and stop black marketing.
    • However, after the whole controversy around the new excise policy, Delhi reverted to the old excise regime.
  • Key features of the Delhi Excise Policy 2021-22
    • Under the new policy, the city was divided into 32 zones inviting firms to bid on the zones. Instead of individual licences, bidding was done zone-by-zone.
    • Also, licenses for 849 retail vends were issued through open bidding by the Excise department in
      • Under the old liquor policy, Delhi had 864 liquor shops, including 475 run by the four government agencies, and 389 were private.
    • For the first time, shops were allowed to offer discounts to retail customers and reduced the number of dry days to three from 21.
    • The new policy also had a provision for home delivery of liquor. It even proposed lowering the drinking age from 25 to 21.
    • It also suggested the opening of shops till 3 am. However, these were not implemented.
  • The controversy surrounding Delhi Excise Policy 2021-22
    • Before the implementation, the policy had first to be examined by the Chief Secretary (CS) of Delhi.
    • The CS allegedly found procedural lapses and irregularities in the new policy.
  • Allegations made in the report
    • In the report, Delhi Deputy CM Sisodia, who heads the excise department, was accused of making changes to the excise policy without the approval of the L-G.
    • The report said arbitrary and unilateral decisions taken by then Delhi Deputy CM had resulted in financial losses to the exchequer, estimated at more than Rs 580 crore.
    • It alleged that kickbacks were received by the Delhi government and its leaders from owners and operators of alcohol businesses for preferential treatment.
      • These kickbacks were used to influence the Assembly elections held in Punjab and Goa in early 2022.
  • Matter referred to CBI
    • This report was referred to the CBI, and which led to the arrest of the then Delhi Dy CM Manish Sisodia.
    • 14 others were also made accused in its FIR, including AAP communications in-charge Vijay Nair.
  • ED Comes into picture
    • Two cases, one by CBI and one on alleged money laundering being investigated by ED, have been registered in relation to the excise policy.
    • The ED told a court that the alleged proceeds of crime amounted to more than Rs 292 crore, and that it was necessary to establish the modus operandi.
      • It alleged that the “scam” was to give the wholesale liquor business to private entities and fix a 12% margin, for a 6% kickback.
      • It also alleged that AAP leaders received kickbacks to the tune of Rs 100 crore from a group of individuals identified as the South Group.
India’s Voters Deserve a Bond of Probity

Context

  • Laws and public policies are essential tools for addressing societal issues and improving conditions for citizens.
  • They should possess qualities such as lack of ambiguity, enforceability, predictability, and accountability and one such policy, the Electoral Bond Scheme (EBS), was aimed to reform political funding in India.
  • After the Supreme Court verdict on EBS it becomes crucial to analyse the genesis, design, and demise of the EBS, assessing its effectiveness and implications.

Genesis and Evolution of the EBS

  • Acknowledgment of a Persistent Issue of Election Funding
    • The genesis of the EBS can be traced back to the recognition of a longstanding problem in Indian democracy: the opacity of political funding and the pervasive influence of black money in elections.
    • The reluctance of donors to contribute through transparent means due to fear of adverse consequences emerged as a significant factor contributing to the opacity in political funding, necessitating urgent reform.
  • Proposal of Electoral Bond Scheme: Establishing a Clean Channel
    • In response to the identified challenges, the finance minister proposed the EBS (in her 2017 Budget speech)as a solution to cleanse the system of political funding in India.
    • The primary objectives of the Electoral Bond Scheme were twofold: to enhance transparency and accountability in political financing and to curb the generation of black money.
    • The significance of the EBS lay in its potential to establish a clean channel for the flow of funds, replacing opaque methods with a transparent and accountable framework.
    • Despite its noble intentions, the EBS encountered challenges and criticisms regarding its design, implementation, and efficacy.
    • Concerns were raised about the adequacy of safeguards and the potential for misuse.

Design and Objectives of Electoral Bond Scheme

  • Legal Framework and Oversight
    • The EBS was established within a legal framework outlined by the government, with provisions laid down in the Electoral Bond Scheme, 2018.
    • This framework provided guidelines for the issuance, purchase, and redemption of electoral bonds, as well as mechanisms for oversight and regulation.
    • The Reserve Bank of India (RBI) also played a role in regulating the scheme, ensuring compliance with banking regulations and standards.
  • Evaluation and Review
    • The design of the EBS incorporated provisions for evaluation and review to assess its effectiveness in achieving its objectives.
    • Periodic assessments and reviews were intended to identify any shortcomings or loopholes in the scheme and make necessary adjustments to improve its efficacy.
  • Facilitating Transparent Transactions
    • Central to the design of the EBS was the facilitation of transparent transactions between donors and political parties.
    • By allowing individuals and organisations to purchase electoral bonds from designated banks, the scheme provided a structured mechanism for channelling funds.
    • These bonds could then be donated to political parties of the donor’s choice, thereby formalizing the process of political contributions.
  • Anonymity for Donors
    • One of the key features of the EBS was the provision for anonymity for donors.
    • While the scheme required purchasers to provide KYC (Know Your Customer) details to the banks at the time of purchasing bonds, the identity of the donor remained confidential.
    • This anonymity was intended to encourage more individuals and entities to contribute to political parties without fear of repercussions or adverse consequences.
  • Curbing Black Money
    • Another objective of the EBS was to curb the generation and circulation of black money in political financing.
    • By formalising the process of political donations and mandating transactions through banking channels, the scheme aimed to reduce the reliance on cash donations and opaque funding mechanisms.
    • The expectation was that by introducing transparency and accountability into the system, the prevalence of black money in elections would diminish.

Reasons Behind the Demise and Criticisms of the EBS

  • Confidentiality and Lack of Transparency
    • One of the primary criticisms levelled against the EBS was its provision for donor anonymity, which undermined transparency in political financing.
    • While the scheme aimed to formalize political contributions and channel funds through banking channels, the confidentiality clause prevented meaningful scrutiny of donor identities.
    • This lack of transparency raised concerns about the potential for misuse and the inability to track the sources of funds effectively.
  • Potential for Misuse and Corruption
    • The confidentiality clause of the EBS also raised concerns about the potential for misuse and corruption within the political system.
    • Critics argued that the anonymity afforded to donors could be exploited to funnel illicit funds to political parties, circumventing regulations, and oversight mechanisms.
    • This raised questions about the integrity of the electoral process and the susceptibility of the scheme to abuse for ulterior motives.
  • Inadequate Safeguards and Oversight
    • Another critique of the EBS was the perceived lack of adequate safeguards and oversight mechanisms to prevent misuse and ensure accountability.
    • The scheme’s design did not incorporate robust mechanisms for monitoring and regulating political contributions, leaving room for manipulation and malpractice.
    • The absence of stringent oversight contributed to doubts about the scheme’s efficacy in curbing black money and enhancing transparency in political financing.
  • SC Intervention and Disclosure Mandates
    • The SC’s intervention further highlighted the shortcomings of the EBS and underscored the need for transparency and accountability in political financing.
    • Court-mandated disclosures and directives compelled greater transparency regarding donor identities and the sources of political contributions.
    • However, these measures also exposed the inadequacies of the scheme and the challenges inherent in reconciling donor anonymity with transparency and accountability.

Way Forward

  • Parliament Not Court Should Find Solutions
    • Parliament, as the supreme legislative body, possesses the “superior” wisdom necessary to navigate complex issues such as political financing.
    • Just as Parliament is entrusted with appointing Election Commissioners, it is also tasked with devising solutions to challenges in electoral processes.
    • A reasonable path forward can only be achieved through a collaborative and consultative process involving all stakeholders.
  • Consultative Process Over Judicial Fiat
    • Court interventions, while sometimes necessary, should not substitute for legislative action.
    • Laws and policies crafted in secrecy or through judicial mandates may lack the legitimacy and effectiveness needed to address complex and multifaceted problems.
    • Instead, an inclusive and transparent consultative process allows for diverse perspectives to be considered and ensures that solutions are grounded in democratic principles.
  • Upholding Probity and Integrity
    • At the heart of the argument is the need to uphold probity and integrity in political financing.
    • The essay highlights the importance of political parties accepting clean money rather than relying on funds obtained through dubious means.
    • It is the responsibility of political parties to prioritise transparency and accountability in their financial dealings.

Conclusion

  • The EBS aimed to reform political funding in India by promoting transparency and accountability, however, its design flaws, including the confidentiality clause and lack of transparency regarding donor identities, undermined its effectiveness.
  • The scheme’s demise highlights the complexities of addressing systemic issues such as black money in politics and underscores the need for comprehensive and transparent reforms in political financing.
  • Ultimately, the responsibility lies with Parliament to devise solutions that ensure probity and fairness in electoral processes.