Modi Government Pushbacks.pdf

S. No.

Title

Stated objective

Reasoning provided

Main opposition

Points raised by opposition

Government legislation/ Executive action

1. Restrict NREGA to country's 200 'most backward' districts

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1. Corruption - Bhagwati and Panagariya did some calculations to assert that 248 rupees were being spent by the government to deliver a net benefit of 50 rupees per person per day (they got to 50 rupees net benefit by assuming that people forego minimum wage employment to work at NREGA sites) 2. Was argued that because seldom even 50 mandays on average per household per year were not being provided, this implied that both demand for work and supply by state governments was weak.

Open letter from 28 leading economists to Prime Minister Narendra Modi NREGA appealing him to not Amendment restrict the scheme, which had despite 3. Nitin Gadkari said that irrigated states like numerous hurdles Punjab and Haryana were facing a shortage of achieved significant results. labour for farming operations, hence it was thought to restrict the scheme to backward 2. Reduce labour-material ratio areas where no jobs were available. from 60:40 to 51:49 4. Higher material ratio was to help create more productive assets

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Stage reached before backtrack/

Web links/Any further

The government quietly withdrew the proposed amendments, they weren't even introduced in the Parliament.

Modi Uturn for the better: Changing NREGA would have been a mistake

At a relatively small cost (currently 0.3% of India’s GDP), about 50 million households are getting some employment at NREGA worksites every year.

A majority of NREGA workers are women, and close to half are Dalits or Adivasis. Research has shown that NREGA does lead to creation of productive assets. Research also shows that corruption levels have steadily declined over time and battle against corruption in NREGA has helped establish new standards of transparency in other social programs as well. Leakages must be plugged instead of restricting the scheme Increase in material component from 40% to 49% would lead to more corruption.

The Bill cleared LS but was being looked at by a joint committee of Parliament (to which it was referred by RS during budget session). In the meanwhile, the ordinance had to be repromulgated thrice. On the eve of its next lapse (August The Bill was 30,

https://ww w.livemint.c om/Politics/ In December 2014, the noHEydhRIE government promulgated an Opposition parties Ppdkn0fAqj ordinance amending the LARR Mr Modi termed the amendments as "pro(especially Congress), RN/GovtIn Act, 2013. To replace the same, farmer" and along with meeting NDA allies (- Shiv Sena, Februrary it introduced the LARR LARR "developmental needs of the country" - 2013 Akali Dal), Anna 2018, the (Amendment) Bill, 2015. The Bill "Anti-poor" and pushing a corporate agenda Amendment LARR Act stalled investment up to 20 lakh Hazare, farmers' and SC in Indore created five special categories crore especially in rail, steel, mining and roads civil society groups Developme of land use which were to be sectors. National Alliance of nt Authority exempted from requiring People's Movements v. consent and conducting Social Shailendra Impact Assessments. effectively implemente d the Reacting to The FRDI Bill proposed to Opposition parties India’s financial sector is bank-dominated, and establish a ‘Resolution introduced in the concern among (especially Trinamool bank deposits make up the dominant share of Corporation’ to monitor LS in the Congress), All India financial savings. In India, deposits in banks are financial firms, calculate stress Monsoon Session public, govt Bank Employees' insured for a maximum of Rs 1 lakh by the Deposit (2017) and was withdraws and take "corrective actions" in To create a framework for resolving

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and take "corrective actions" in FRDI Bill case of a failure. It also provides for a bail-in clause (clause 52) in the event of a failure or insolvency in a bank, depositors would also have to bear part of the burden of resolution. To empower the Central government to decide the tenure, salary and allowances of the Chief Information Commissioner and Information Commissioners at the Centre, and the State Chief Information RTI Commissioners. This would Amendment eliminate the parity they currently have with the Chief Election Commissioner and Election Commissioners and, therefore, equivalence with a judge of the Supreme Court in matters of pay, allowances and To do away with the printing of information contained in the passport such as names of father or legal guardian, mother, spouse, and address Orange-Jacket contained in the last page of the Passport for passport, along with changing ECR the colour of ECR passports, to orange, on the recommendations of a threemember committee comprising officials of MEA and WCD The government proposed to set up a Social Media Communication Hub under the Ministry of Information and Broadcasting to monitor online social media data. Social Media Also, proposal to have a “social media analytical tool” that will Hub deploy 360 degree monitoring on all social media platforms to create digital profiles of citizens,(In the bid document, it said tool should be able to “listen” to email)

To create a framework for resolving Bank Employees' bankruptcy in banks, insurance companies and Union, industry other financial establishments. associations such as Assocham and an online petition #NoBailIn

insured for a maximum of Rs 1 lakh by the Deposit Insurance and Credit Guarantee Corporation, which is now an arm of the RBI. There were concerns that the Bill may not clearly lay down the quantum of protection for deposits, or classify deposits separately

(2017) and was put before a Joint Parliamentary Committee for review. Now it has been withdrawn. The government The higher status and protected tenure provided to did not introduce Information Commissioners is done to ensure their the Bill in the independence and was approved by the Unlike the Election Commission, the CIC is not Rajya Sabha on Parliament. a constitutional office but a statutory body National Campaign for July 19, 2018 created under the RTI Act. Also, they perform People’s Right to (during the Secrecy around the amendments and the lack of completely different functions, hence Information, RTI Monsoon pre-legislative consultation has also been equivalence in status and service conditions activists, former CIC Session) even protested. cannot be justified. This reasoning is backed Shailesh Gandhi, though it was on by the Justice Srikrishna committee which Opposition parties led the list of Former CIC Shailesh Gandhi said the move seemed business for the made these recommendations without by Congress to be a fall-out of the Central Information consulting the CIC. day. It was Commission’s orders to respond to RTIs about the introduced in educational qualification of PM Modi. December, 2018 amid protests.

The move would help single mothers get passports made for their children without having to mention the father's name.

Orange passports being easier to identify would help authorities to protect vulnerable workers abroad from exploitation.

Government hopes to use the social media analytical tool to gauge people's opinions about official policies. It hopes to use this information to target individuals with personalised campaigns.

Opposition parties led by Congress and Left parties. Kerala HC issued notice to MEA on a PIL filed against the decision. Reports across newspapers in Gulf filled with criticism from Indian expats against the MEA decision.

PIL from Trinamool Congress MLA Mahua Moitra raising the question whether the government wants to tap the citizens’ messages on Whatsapp or other social media platforms.

The move would lead to segregation of people with low education and low economic status (since ECR passports are availed of by Indian citizens with educational qualifications less than 10th standard MEA announced who are seeking employment abroad) withdrawal of the proposed change Passports will cease to be valid address proofs

Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud on July 13 warned that it amounted to nothing but creating a "surveillance state" and "sheer intrusion into privacy" and sought the govt’s response in two weeks

Government decided to withdraw RFP (Request For Proposal) after SC notice.

Govt withdraws FRDI bill in Parliament following backlash (link RTI for Amendmen t Bill Violates Constitution , Law https://the wire.in/righ ts/rtiactivistsdilute-lawbjpinstitutions

Stung by Criticism, MEA Does U-Turn on OrangeColoured Passport for Migrant Workers Govt withdraws ‘social media hub’ plan after SC’s the I&B Ministry has floated another Request to strengthen “citizen

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Direct Benefit Transfer in PDS. The dealers will have to buy grain from the government at DBT in PDS market price and the same will pilot of Nagri, be sold to beneficiaries at Jharkhand market price. Beneficiaries will be transferred the required amount in their bank accounts.

Constitutional ity of Aadhaar and mandatory Aadhaar linking

Change of rules related to service and cadre allocation to IAS probationers

Apart from the usual reasoning behind introducing DBT, the move was ostensibly aimed at removing the arbitrage incentive to dealers.

Link Aadhaar numbers to mobile phone numbers, passports, PAN etc. Also, To improve inclusion and service delivery of mandatory Aadhaar linking welfare schemes (by reducing leakages and required to avail of welfare deletions of ghost beneficiaries) schemes' benefits under Article 7 of the Act.

Currently, cadres are allocated according to ranking in examination but now PMO wants that they be allocated post the 3 month foundation course based on the combined score obtained in the CSE and the foundation course. A DoPT letter says PMO wants new system implemented from current year itself.

Right to Food Campaign along with opposition parties of Jharkhand (A Padyatra The experiment was a complete failure. was undertaken – from Nagri to Ranchi, various panchayat level protests).

DBT in PDS was withdrawn after the pilot stage due to protests, amid complete implementation failure by the state government. SC extended

March 31 deadline for mandatory Aadhaar linking Unconstitutional, passed as a money bill, voluntary Judicial intervention, with mobile but made mandatory, absence of Aadhaar number petitions by activists, phones, tatkal leads to denial of the most basic services, privacy the industry body passports, bank concerns and issue of proportionality. The act Assocham had also accounts, PAN limited the purpose of authentication—to establish urged the government cards etc. In September the identity of an individual in relation to the to relax the deadline 2018, SC upheld receipt of a subsidy, benefit, or service incurred for seeding bank the from the Consolidated Fund of India. It begs the accounts, especially constitutionality question as to how services provided by private the public sector of Aadhaar but banks and telephone operators fall within these banks. struck down categories. Section 57, the clause allowing private entities to demand Aadhaar and within

Bias and favouritism factor, existing system (prelims, mains, interview) ensures selection of meritorious candidates (is gruelling enough, requires years of prep), what is the point of having Ex and serving the interview stage then, DMK’s MK Stalin said the bureaucrats, civil order issued (by DoPT) would shatter the SC/ST service aspirants, DMK youth’s dreams of becoming IAS/IPS officers, Provide better assessment of candidates. threatened to stage a objective exam vs subjective foundation course, Under the current system, probationers don’t youth protest , would lead to large-scale litigation by bureaucrats take the foundation course seriously. Puducherry CM V right at the beginning of their careers, probationers Narayanasamy wrote a will be too pliant (chilling effect, won’t ask letter to minister questions), questions over faculty expertise, been concerned done to appoint officers of choice from the RSS in central services, attempt to weaken the UPSC which is a constitutional body and to create a sycophantic higher bureaucracy

After Months of Protest, Jharkhand Govt Withdraws Direct Benefit Transfer

Aadhaar link deadline extended indefinitely

https://ww w.livemint.c om/Politics/ 0LTYZzCHQ b9X6UFsn0 9lBI/Aadhaa r-verdictbig-datameets-bigbrother.ht ml

PMO Proposal on Service Allocation Seen as Move to Create 'Loyal' Bureaucrac y

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National Judicial Appointments Commission Act + the 99th Constitutional Amendment Act

A batch of petitions were filed in the SC Proposed an independent body challenging (the NJAC) which would be Composition of NJAC included the Union Law constitutionality of responsible for the appointment Minister and two eminent persons to be both Acts (Supreme and transfer of judges to higher nominated by the Prime Minister, the CJI and Court Advocates on judiciary (thus replacing the the Leader of Opposition of the Lok Sabha Record Association collegium system) (SCAoRA) being the first and lead petitioner) Modi government in July 2014 had constituted NBWL and nominated only one NGO -Petition by Chandra Gujarat Ecological Education Bahl Singh, a Pune and Research Foundation -- and based conservationist two experts – Professor Raman in the SC challenging Sukumar and Dr HS Singh the reconstitution. More than 50 organisations and eminent individuals Following this, NBWL in its very had also written to first meeting cleared more than NDA government 130 projects which had been urging it to cancel the pending for months. NBWL appointment.

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Constitution of National Board for Wildlife

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HRD Minister Prakash Javadekar announced that the newly formed National Testing Agency Online NEET (NTA) would conduct the National Eligibility cum Entrance Test (NEET) online and twice a year from 2019

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New guidelines issues by Mo Information and Broadcasting Guidelines on aimed to suspend the To tackle menace of fake news Fake News accreditation of journalists against whom complaints of fake news had been registered.

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UGC regulation on UGC notified guidelines which increased increased teaching work hours teaching by six hours of work per week hours

UGC "advised" teachers to increase their workload and offered to exempt them from research if they teach more every week

Presence of executive members in the NJAC violated the independence of the judiciary

The required number for constituion of NBWL is five NGOs and ten eminent conservationists, ecologists and environmentalists.

SC struck down both Acts as unconstitutional (the Fourth Judges case, 2015 )

Modi government had to reconstitute it after the SC criticised it for The govt also appointed only five states against the prima facie requirement of one representative each from 10 violating the law states and union territories. and barred the board from Fewer number of experts in NBWL will result in less taking fresh checks and balances. It was also pointed out that decisions. GEER foundation is an organisation under Gujarat government's control and thus does not qualify as a NGO. A meeting was Health Ministry sent a held between letter to the HRD officers of the Ministry within three A test in online mode would put poor and rural Health and HRD days stating that the students at a disadvantage. It was also argued that ministries. HRD public announcement the examination calendar implied 4-5 months of ministry agreed on the NEET was made continuous exams for students, leading to a lot of to maintain “without formal pressure on them. status quo, only consultation” with for the NEET, till them. 2019. The circular was Guidelines threatened to violate freedom of press. withdrawn within They were framed without any prior consultations 24 hours with Mr with stakeholders, no clear definition of "fake Opposition parties and Modi himself news", no mention of any initial screening (hence media outcry having undermined the basic principle of the justice intervened system that a person is innocent until proven apparently given guilty). media outcry Following HRD Protests by teacher minsitry's Scarcity of teachers is being faced already due to associations. Also, directions, cuts in UGC funding. Due to new rules, nearly one political parties like amendments are lakh ad hoc teachers might lose their jobs. Congress and AAP. to be undertaken which will ensure

http://www .prsindia.or g/theprsblo g/?p=3591

Stung by Supreme Court, Narendra Modi government to reconstitute National Board for Wildlife

HRD Ministry decides against conducting NEET online, twice a year Opinion: It isn’t surprising that guidelines on fake news were scrapped – they were UGC: Learning To U-turn

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Ban on Sale of Cattle for Slaughter in Animal Markets

MoEFCC notified rules under the Prevention of Cruelty to Animals Act on May 23, 2017 banning sale of cattle for slaughter in animal markets

Ostensibly, to regulate cattle trade and prevent cattle theft

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Centre says that adultery should Adultery law continue as a penal offence, [Section 497 sought dismissal of a PIL of IPC] challenging the same.

Criminalising adultery is required "to protect and safeguard the sanctity of marriage, keeping in mind the unique structure and culture of the Indian society."

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Maneka Gandhi proposed, Ready to Use Maha first govt to do move Therapeutic from hot cooked meals to Foods in ICDS packaged mixes for 3-6 yr olds

More hygienic and practical solution, quality control and standardisation will be better than if produced locally by small groups daily

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Cash Cash transfer proposal reportedly based on a Proposal to replace hot cooked Transfers in NITI Aayog report "Reforming Take Home food with cash transfers in ICDS ICDS Rations (THR) under the ICDS Scheme"

Muslim Women (Protection of Rights on Marriage) Bill, 2017

The bill makes instant triple talaq (talaq-e-biddat) in any form — spoken, in writing or by electronic means such as email, SMS and instant messengers illegal and void, with up to three years in jail for the husband

Reason cited by government is that the practice of triple talaq continues unabated even after being annulled by the SC due to absence of legal framework.

Opposition from States. SC expanded an interim stay granted by the Madras HC into a nationwide bar on the rules

A PIL seeking that section 497 of the IPC and section 198(2) of the CrPC be struck down altogether.

Right to Food Campaign

Right to Food Campaign, WCD Minister Maneka Gandhi

Opposition parties Congress, AIMPLB.

Court judgements A National Green Tribunal order had banned all protests on the historic Jantar Mantar Road in October 2017, saying such Organisations like the activities violate environmental Violation of environmental laws and that duty Mazdoor Kisan Shakti laws. of the state was to protect people from noise Ban on protests at Boat Club Blanket ban Sangathan, Indian Expollution (ordered the New Delhi Municipal was imposed several years ago on protests in Servicemen Movement Council (NDMC) to remove all make-shift

Following the stay imposed by The ban was deemed to have been imposed on the SC, the ideological grounds, it was deterimental to cattle Environment trade and was alleged to be a dog whistle to cow Ministry Ministry vigilante groups. sought feedback from states post Gender bias - PIL questions the statutory immunity SC asked the Centre "what provided to women, even as abettor, via public good" was employment of Article 15(3) of the Constitution. being served Only a man can be prosecuted, women are here, as the law exempted. The law also does not permit the wife to prosecute provides that no offence would be the offending husband, as only husbands can be prosecutors. Treats women akin to property of the made if the husband of a husband.

Govt to roll back move to ban sale of cattle for slaughter

https://ww w.thehindu. com/news/ national/ad ultery-not-acriminaloffence-assc-strikesdownhttps://the wire.in/heal Tussle involving th/188-signNITI Aayog, letter-toCorruption, natural and culturally-native foods, Ministry of WCD, manekafortification not effective till children also have a https://ww Maneka Gandhi regular diet w.thehindu. and activists com/news/ continues national/ma nekahttps://the Mothers won't be able to buy adequate food, not Plan to initiate wire.in/gov necessary that money would be spent on nutrition pilot schemes ernment/go and that cash transfers had failed in MGNREGA and was mooted by vernmentPDS plus esp low financial literacy of women the Centre planningdismantleTriple Talaq The Bill was passed by the Lok Ordinance: Another Sabha in Since triple talaq is no longer recognised, it cannot Failure Of December last be criminalised. The bill has provisions for custody Govt To year but was and spousal support which relate to a divorce, not stalled in the https://indi a continuing marriage. Non-bailable imprisonment Upper House anexpress.c of 3 years for triple talaq is excessive, arbitrary, after Opposition om/article/i irrational, and thus violative of Article 14. Also, any parties ndia/tripleperson could make a complaint against the demanded that it talaq-billoffending husband, which leads to the possibility of be sent to a passed-infalse complaints. Select lok-sabhaCommittee. In 5512395/ September, A Supreme Court bench of Justice Petition filed by MKSS calls the ban violative of AK Sikri and Article 19(1)(b) of the Constitution in so much as it Justice Ashok curtails the fundamental right to peaceful Bhushan ruled assembly. that there cannot be a blanket ban on protests in

There Can’t Be A Blanket Ban On Protest In Central Delhi: SC

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on protests in The Delhi police were Central Delhi repeatedly promulgating prohibitory orders under section 144, CrPC by which, virtually, the entire Central Delhi area is declared a prohibited area for holding any public meeting, dharna or March 2018 Supreme Court judgement pertaining to protect innocent officers and employees in government and private sectors from the misuse of the Act (especially “when no prima facie case is made out or the case is patently false or mala fide”). For this, the court SC/ST ordered that a Deputy Atrocities Act Superintendent of Police should conduct a “preliminary inquiry” into every complaint of atrocity committed against an SC/ST member. Subsequently, the arrest of the accused persons should be approved by the Senior Superintendent of Police concerned.

Servicemen Movement on protests in and other groups had Central Delhi Through such bans and police orders, citizens are appealed to the SC for (Jantar Mantar being pushed away from highly visible places that help. and Boat Club). It were near the Parliament and government offices. directed the Delhi Police Commissioner to prepare “proper Parliament The judgment reasoned that many false cases There is no precise data on the scale and extent to passed the The are foisted on innocent persons under the which the Act has been misused by SC/ST SC/ST 1989 Act. employees. (Prevention Protests by Dalit of Atrocities) The amendments groups (violence on provide that no nd preliminary April 2 left 11 enquiry will be protestors dead), also The large numbers of acquittals are the result of required for govt under pressure police apathy, the social and the economic might of registration of an from opposition and the accused and the dependence of SC/STs on FIR against any coalition partners those accused person under the ahead of proposed The judgement also used the large number of Act; and the nationwide protests acquittals under the Act to imply proliferation investigating later in August and a of false cases. officer will not Bharat Bandh The amendments proposed by the All include a timeline India Ambedkar of two months Court was dealing with a criminal appeal against a Mahasabha in August for completing Bombay HC judgement and exercised judicial the investigations overreach and filing a chargesheet after registering the Council (NDMC) to remove all make-shift structures made by protestors along the stretch)

Delhi: SC Allows Peaceful Protests In The Area PRS Bill Track SC/ST (Prevention of

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