The News:

• Recently, the Haryana Assembly passed the Haryana Panchayati Raj (Second Amendment and Validation) Act, 2020 which provides the right to recall members of Panchayati Raj Institutions to those who elected them.
• It also provides women 50% reservation in these rural bodies, and 8% reservation to the "more disadvantaged" among the Backward Classes.

• A recall election is typically a process by which voters seek to remove elected representatives through a direct vote, before their term is completed.
• Significance/Rational for Right to Recall
  • Allows citizens to exercise their democratic right in case an elected representative fails to fulfill his/her promises and constitutional duty.
  • Ensures accountability of political representatives towards people.
  • Fosters citizen-centric governance.
• In India, various states have the right to recall provisions at local level bodies. For eg.
  • Madhya Pradesh: MP was the first state in India to provide for right to recall in local bodies. Municipal Corporation Act 1956 and the MP Municipalities and Nagar Panchayats Act 1961 was amended in 2000 to provide the right to recall mayors and chairpersons.
  • Punjab: The Right to Recall under Punjab Panchayat Act, 1994, enables Panchs (elected members) to remove a sarpanch by moving a no-confidence motion.
  • Bihar: Bihar Panchayat Raj Act containes the provision of recalling the elected Mukhiya from his/her post if one-fifth of the electorates of a panchayat demand the recall.
  • Chattisgarh: Section 47 (recall of President) of the Chhattisgarh Nagar Palika Act, 1961, provides for the holding of elections to recall elected presidents for non-performance.
• Applicability w.r.t Parliament & State Legislatures
• Not applicable to Member of Parliament & Member of Legislative Assembly at present.
• The Representation of the People Act, 1951, only provides for the vacation of office upon the commission of certain offences such as corruption, dowry, etc. It does not account for the general incompetence of representatives or dissatisfaction of electorate.

• It allows the recall of village sarpanches and members of the block-level Panchayat Samitis and district-level Zila Parishad if they fail to perform.
• Empowering rural people: People in rural areas will get the democratic right to remove a sarpanch or members of the two bodies even before their tenure is over.
• Procedure to recall sarpanches and members of the block-level Panchayat Samitis and district-level Zila Parishad.
• 50% of members of a gram sabha have to give in writing that they want to initiate proceedings.
• This will be followed by a secret ballot.
• Recall will require two-third of members to vote against them.

In News:

• Recently, The United States had extended the New START nuclear disarmament treaty with Russia for five years beyond February 2021.

• Also known as Measures for the Further Reduction and Limitation of Strategic Offensive Arms.
• The New START treaty is the last remaining arms reduction pact between the former Cold War rivals.
• The deal was signed in April 2010 and came into force in February 2011 and was a successor to the START framework of 1991.
• Cornerstone of global arms control: It limits Russia and the United States to 700 strategic launchers and 1,550 operational warheads that both can deploy.
  • Extending the New START Treaty ensures the US has verifiable limits on Russian Intercontinental Ballistic Missiles (ICBMs), Submarine-Launched Ballistic Missiles (SLBMs), and heavy bombers until February 2026.
• Force Structure: Each Party has the flexibility to determine for itself the structure of its forces subject to the central limits.
• Verification and Transparency: The treaty contains detailed procedures for the implementation and verification of the central limits on strategic offensive arms (discussed above) and all treaty obligations.
• Treaty Duration: The treaty’s original duration was 10 years (until February 5, 2021), with the option for the Parties to agree to extend it for up to an additional five years.
• India welcomed the agreement between the US and Russia to extend the Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (New START Treaty) by five years

The News:

• The first Parliament session of 2021 began with the Hon’ble President, Sh. Ram Nath Kovind, addressing the members of both the Houses of Parliament.
• The President’s address is one of the most solemn occasions in the Parliamentary calendar, and the only occasion in the year when the entire Parliament, i.e., the President, Lok Sabha, and Rajya Sabha comes together.

Background:

• Pre-Independence:
• The practice of the President addressing Parliament can be traced back to the Government of India Act of 1919.
• This law gave the Governor-General the right of addressing the Legislative Assembly and the Council of State.
• The law did not have a provision for a joint address, but the Governor-General did address the Assembly and the Council together on multiple occasions.
• There was no address by him to the Constituent Assembly (Legislative) from 1947 to 1950.
• Post-independence:
• The constitution provided for two different kinds of Presidential Addresses to the Parliament under Article 86 and Article 87.
• The then President, Dr. Rajendra Prasad, addressed members of Lok Sabha and Rajya Sabha for the first time on January 31, 1950.

Constitutional Provision: President’s Address

• Originally, the Constitution required the President to address both Houses of Parliament at the commencement of "every session". The First Amendment to the Constitution in 1951 changed this position and made the President’s address once a year.
• Article 86
• It confers a right on the President to address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
• However, the Preseident may or may not exercise this right.
• Since the commencement of the Constitution, the President has so far not addressed a House or Houses together under this provision.
• Article 87
• It provides two ‘special’ occasions on which the President addresses a joint sitting.
• The first is to address the opening session of a new legislature after a general election.
• The second is to address the first sitting of Parliament each year.
• Under this article, President’s address to both the houses assembled together is a constitutional obligation mandatory.
• Point to Note
• Article 87 makes it clear, the Address is to be to both Houses of Parliament assembled together. It means that if at the time of commencement of the first session of the year, the Lok Sabha has been dissolved and the Rajya Sabha has to meet, then the Rajya Sabha can have its Session without the President's Address.
• For eg. During the dissolution of the Lok Sabha in 1977 and 1991, the Rajya Sabha had its sessions without the President's Address.
• The communication regarding the Presidential Address is not given in the summons. Members are informed about the date, time and the venue of the President's Address through a paragraph in a separate Bulletin.
• In the case of the first session after each general election to the Lok Sabha, the President addresses both Houses of Parliament assembled together after the members of the Lok Sabha have made and subscribed the oath or affirmation and the Speaker has been elected by the Lok Sabha.
• Contents of the President’s Address
• The President’s Address is the statement of policy of the Government and as such is drafted by the Government.
• It highlights government’s accomplishments from the previous year and sets the broad governance agenda for the coming year.

Motion of Thanks

• In the days following the President’s address, a motion is moved in the two Houses, by the Government, thanking the President for his/her address, known as Motion of Thanks.
• This is an occasion for Members pf Parliament (MPs) in the two Houses to have a broad debate on governance in the country.
• Prime Minister or any other senior minister replies to the motion of thanks in both Houses, and responds to issues raised by MPs.
• The motion is then put to vote.
• Significance of Motion of Thanks - The Motion of Thanks must be passed in the House (with a simple majoritye majority of members present and voting), otherwise it amounts to the defeat of the government. It is one of the ways through which the Lok Sabha can also express a lack of confidence in the government.
• Scope of discussion
• The scope of the discussion on the Address is very wide and members are at liberty to speak on every matter of national or international importance and other issues.
• Generally, three days are allotted for the discussion on the Motion of Thanks.
• Amendments to the Motion
• Notices of amendments to the Motion of Thanks on the President's Address can be tabled after the President has delivered his/her Address.
• Amendments are generally tabled with reference to matters referred to in the Address as well as matters which, in the opinion of the movers of amendments, the Address has failed to mention.
• As a matter of convention, amendments to the Motion of Thanks are given only by members belonging to a party in opposition to Government.
• In 1991, however, some members belonging to the ruling party also gave notices of and moved the amendments to the Motion of Thanks.
• Opposition MPs have been successful in getting amendments passed to the motion of thanks in Rajya Sabha on various occasions.
• Limitations
• Members cannot refer to matters which are not direct responsibility of the Central Government.
• The name of the President cannot be brought in during the debate since the Government, and not the President, is responsible for the contents of the Address.

The News:

• Tamil Nadu government recently urged the President to decide on its request for the release of seven convicts in the Rajiv Gandhi assassination case.

• Article 72 – It provides that the President shall have the power to grant pardon, reprieve, respite or remission of punishment and to suspend, remit or commute the sentence of any person convicted of an offence in
  • A case tried by court martial.
  • A case relating to a law to which the executive power of the Union extends.
  • A case where the sentence awarded is of death.

• The power to pardon, vested in the President (or Governors of State) is independent of the Judiciary and is an Executive power.
• The President does not exercise this power on his/her own, (s)he must act on the advice of the Council of Ministers. But the President while exercising this power, does not sit as a court of appeal.
• Under the existing rules of procedure governing mercy petitions, the view of the Union Ministry of Home Affairs (MHA), conveyed to the President in writing, is taken as the view of the Cabinet, and the President decides a mercy petition accordingly.
• The President is not bound to give reasons for his/her order.
• The petitioner for mercy has no right to an oral hearing by the President.
• President can examine the evidence afresh and take a view different from the view taken by the court.
• The exercise of power by the President is not subject to judicial review except where the presidential decision is arbitrary, irrational, mala fide or discriminatory.

President Vs Governor: Clemency/Pardoning Powers

The News:

• After 8 years of negotiation, India recently decided to exit Regional Comprehensive Economic Partnership (RCEP) discussions over “significant outstanding issues”.
• The 15 remaining RCEP countries have signed the agreement, without India. However, India has been given the option of joining it later.
• The initialising ceremony of RCEP was held recently among member-countries on the sidelines of the 37^th ASEAN Summit.

About RCEP

• It is a free trade agreement (FTA) between 10 countries of ASEAN and 5 other countries (excluding India) with which ASEAN has existing FTAs: India, China, Japan, Korea, Australia and New Zealand.
• It was introduced during 19^th ASEAN meet held in 2011. RCEP negotiations were formally launched in 2012 at the ASEAN Summit in Cambodia.
• What does the RCEP propose?
• To create an “integrated market” spanning all 15 countries è easier for products and services of each of these countries to be available across this region.
• Framework aimed at lowering trade barriers and securing improved market access.
• RCEP negotiation includes: trade in goods, trade in services, investment, economic and technical cooperation, intellectual property, competition, dispute settlement, e-commerce, small and medium enterprises (SMEs) and other issues.
• Significance
• It is the world's largest free trade bloc.
• RCEP potentially includes more than 30% of global population, 30% of global economy, and reach 2.2 billion consumers.
• Three largest economies of the pact China, Japan and South Korea, are part of Free Trade Agreement for the first time.

RCEP: Benefits for India

• Compliment India’s FTA with ASEAN
• Enable operationalization of ‘Act East Policy’
• Trade facilitation - Fuse multiplicity of trade rules under bilateral agreements into one large regional agreement.
• Opportunity to reduce overall deficit (goods + services) with ASEAN members through greater market access in services and investment. for eg. In Pharmaceuticals, ICT, Medical professionals etc.
• Integration into Asia’s ‘Regional Production Network’ – world’s factory.
• Push to India’s Indo Pacific ambitions – Economic & Strategic
• Counter to other mega regional agreements (eg. Revised Trans-Pacific Partnership) where India stands to lose due to its lack of membership.
• Greater access to APEC (Asia Pacific Economic Partnership) through RCEP.
• Withdrawal of USA from TPP è RCEP main vehicle to achieve Trans-Pacific cooperation
• RCEP would be key driver of global trade at a time when a trade war is threatening serious disruption to global commerce.

RCEP: Key Concerns

• India has a trade deficit with 11 of the RCEP members (> $53 billion with China alone). FTA will lead to dismantling of duties on most products that could further increase the deficit significantly, competition from cheap Chinese goods.
• NITI Aayog on FTA with RCEP Countries - India’s trade deficit with the RCEP bloc has risen from $9 billion in FY05 to $83 billion in FY17, of which China alone accounts for over 60% of the deficit. Indian industry will have more to lose than gain if it agrees to a liberal tariff elimination schedule specially w.r.t China.
• “Inadequate” protections against surges in imports. No auto-trigger mechanism to raise tariffs on products when their imports crossed a certain threshold.
• No lucrative offers on services liberalization, including easier work visa norms (Mode 4)
• Lack of clear assurance over market access issues in countries such as China and non-tariff barriers on Indian companies
• Significant imports surge may result in loss to agriculture sector and domestic manufacturers and lead to livelihood losses. For eg. Most vulnerable would be sectors like iron and steel, dairy, marine products, electronic products, chemicals and pharmaceuticals and textiles. è threat to Make in India.
• India wants strict rules of origin to prevent Chinese goods from flooding the country through member countries that may have lower or no duty levels. Other RCEP Members oppose this.
• India wanted RCEP to exclude most-favoured nation (MFN) obligations, as it did not want to hand out, especially to countries with which it has border disputes, the benefits it was giving to strategic allies or for geopolitical reasons. Esp. in sensitive sectors like
• Rigid IPR (Intellectual Property rights) standards may affect India’s generic drug industry and adversely impact public health due to rise in medicine costs.
• Also, since India already has separate FTAs with the 10-member ASEAN bloc, Japan and Korea, some experts are of the view that India may not gain much on the goods side with existing FTA partners in RCEP.