Har Ghar Tiranga Campaign

About:

• ‘Har Ghar Tiranga’ is a campaign that started under the aegis of Azadi Ka Amrit Mahotsav to encourage people to bring the Tiranga home and to hoist it to mark India’s independence.
• It stemmed from the thought that our relationship with the national flag has always been more formal and institutional than personal.
• Bringing the flag home collectively as a nation thus became symbolic of not only an act of personal connection to the Tiranga but also an embodiment of our collective commitment to nation-building.
• The idea behind the initiative was to invoke the feeling of patriotism in the hearts of the people and to promote awareness about the Indian National Flag.
• The Ministry of Culture is the nodal ministry for Har Ghar Tiranga.

People’s movement:

• In the last two years, Har Ghar Tiranga has grown to be a people’s movement.
• People across the country, belonging to different segments of society have embraced the idea and infused it with their warmth and support via participation in online and offline programmes and events.

Har Ghar Tiranga 2024:

• 2024 marks the 3^rd edition of the Har Ghar Tiranga programme.
• This time there are several collective endeavours planned to mark the campaign.

Tiranga Yatra:

• Tiranga Yatras are a key part of the Har Ghar Tiranga movement.
• Young and old, men and women all join the yatras across the length and breadth of India to celebrate and honour the National Flag, bringing a sense of national pride and unity.

Tiranga Rallies:

• Bike, cycle, and car rallies dedicated to the spirit Tiranga are being organized locally with active participation of hobby groups, youth volunteers, representatives of different States and others.

Tiranga Runs:

• Runs and marathons dedicated to the spirit of Tiranga celebrating the values of the national flag are scheduled in the run up to Independence Day.
• People from all walks of life are encouraged to join and honor the flag that binds us all together.

Tiranga Concerts:

• Large public concerts will be organized with patriotic music. The Tiranga Anthem from the Ministry of Culture will be played at all concerts.
• These events aim to create a festive atmosphere and celebrate our national pride through music.

Tiranga Canvas:

• Tiranga Canvases will be set up at event venues where people can write “Har Ghar Tiranga” or “Jai Hind” in any Indian language.
• Each canvas is designed in the same ratio as the national flag (3:2).

Tiranga Selfie:

• Participants are encouraged to hoist the flag and take selfies with the Tiranga and upload them to the Har Ghar Tiranga website.
• Certificates can be shared on social media with #HarGharTiranga and #HGT2024. This will help engage people and celebrate their participation.

Tiranga Tribute:

• Bravehearts and freedom fighters, along with their families, will be remembered, honored and felicitated in local programs on behalf of a grateful nation.
• Their sacrifices and contributions to India’s freedom and progress is a constant inspiration for all of us.

Tiranga Melas:

• Tiranga Melas will support local artisans and add to the festive mood.
• Stalls selling flags, merchandise, and food will be set up around event venues, creating a lively and celebratory atmosphere.

Salient Features of the Flag Code of India, 2002:

• The National Flag shall now be made of hand-spun and hand-woven or machine-made cotton, polyester, wool, or silk khadi bunting.
• A member of public, a private organization or an educational institution may hoist/display the National Flag on all days and occasions, ceremonial or otherwise, consistent with the dignity and honour of the National Flag.
• The Flag is displayed in open or displayed on the house of a member of public; it may be flown day and night.
• The National Flag shall be rectangular in shape. The Flag can be of any size but the ratio of the length to the height (width) of the Flag shall be 3:2.
• A damaged or dishevelled Flag shall not be displayed.
• The Flag should not be flown from a single masthead simultaneously with any other flag or flags.
• The Flag should not be flown on any vehicle except of the dignitaries mentioned in the Flag Code, such as President, Vice-President, Prime-Minister, and Governors Etc.
• No other flag or bunting should be placed higher than or above or side by side with the National Flag.

Display of national flag:

• The National Flag shall not be displayed in an inverted manner; i.e.; the saffron band should not be the bottom band.
• The National Flag shall not be dipped in salute to any person or thing.
• No other flag or bunting shall be placed higher than or above or side by side with the National Flag; nor shall any object including flowers or garlands, or emblem be placed on or above the flag mast from which the National Flag is flown.

Prevention of Insults to National Honour Act, 1971:

• The National Flag shall not be used as a portion of costume or uniform or accessory of any description which is worn below the waist of any person.

Citizenship (Amendment) Act of 2019

Context:

• Man from Bangladesh first in Northeast India to get citizenship under Citizenship (Amendment) Act of 2019 (CAA).

News:

• A Hindu man from Bangladesh, living in southern Assam’s Silchar since June 5, 1988, has become the first person in northeast India to get citizenship under the Citizenship (Amendment) Act of 2019.

Citizenship Act, 1955:

• It regulates who may acquire Indian citizenship and on what grounds.
• A person may become an Indian citizen if they are born in India or have Indian parentage or have resided in the country for a period of time, etc.

Illegal migrants:

• An illegal migrant is a foreigner who: (i) enters the country without valid travel documents, like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.
• Illegal migrants are prohibited from acquiring Indian citizenship.
• Illegal migrants may be imprisoned or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.
• The 1946 and the 1920 Acts empower the central government to regulate the entry, exit and residence of foreigners within India.
• In 2015 and 2016, the central government issued two notifications exempting certain groups of illegal migrants from provisions of the 1946 and the 1920 Acts.
• These groups are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who arrived in India on or before December 31, 2014.
• This implies that these groups of illegal migrants will not be deported or imprisoned for being in India without valid documents.

Background for CAA:

• In 2016, a Bill was introduced to amend the Citizenship Act, 1955.
• The Bill sought to make illegal migrants belonging to the six religions and three countries eligible for citizenship and made some changes in the provisions on registration of Overseas Citizens of India (OCI) cardholders.
• It was referred to a Joint Parliamentary Committee, which submitted its report on January, 2019.
• The Bill was passed by Lok Sabha in January 2019 itself. However, it lapsed with the dissolution of the 16th Lok Sabha.
• Subsequently, the Citizenship (Amendment) Bill, 2019 is being introduced in Lok Sabha in December 2019.

Citizenship (Amendment) Act of 2019:

• It seeks to make illegal migrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for citizenship.
• It exempts certain areas in the North-East from this provision.
• Act also makes amendments to provisions related to OCI cardholders.
• Note: A foreigner may register as an OCI under the 1955 Act if they are of Indian origin (e.g., former citizen of India or their descendants) or the spouse of a person of Indian origin.
• This will entitle them to benefits such as the right to travel to India, and to work and study in the country.
• 2019 Act amends the 1955 Act to allow cancellation of OCI registration if the person has violated any law notified by the central government.

Details of CAA:

• The Act adds two additional provisions on citizenship to illegal migrants belonging to the 6 religions from the three countries.
• Consequences of acquiring citizenship: The Act says that on acquiring citizenship: (i) such persons shall be deemed to be citizens of India from the date of their entry into India, and (ii) all legal proceedings against them in respect of their illegal migration or citizenship will be closed.
• Exception: Further, the Act adds that the provisions on citizenship for illegal migrants will not apply to the tribal areas of Assam, Meghalaya, Mizoram, or Tripura, as included in the Sixth Schedule to the Constitution. 
• These tribal areas include Karbi Anglong (in Assam), Garo Hills (in Meghalaya), Chakma District (in Mizoram), and Tripura Tribal Areas District.
• It will also not apply to the areas under the ‘Inner Line’ under the Bengal Eastern Frontier Regulation, 1873.
• Note: The Inner Line Permit regulates visit of Indians to Arunachal Pradesh, Mizoram, and Nagaland.
• The Act reduces the period of naturalisation for such group of persons to five years.
• Grounds for cancelling OCI registration: The 1955 Act provides that the central government may cancel registration of OCIs on five grounds including registration through fraud, showing disaffection to the Constitution, engaging with the enemy during war, necessity in the interest of sovereignty of India, security of state or public interest, or if within five years of registration the OCI has been sentenced to imprisonment for two years or more.
• In 2019 amendment, this was amended to limit the disqualification to violations of the Citizenship Act or of any other law so notified by the central government. Also, the cardholder has to be given an opportunity to be heard.

Summary:

• The Act provides that illegal migrants who fulfil four conditions will not be treated as illegal migrants under the Act.
• The conditions are:
• They are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians
• They are from Afghanistan, Bangladesh or Pakistan
• They entered India on or before December 31, 2014
• They are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in the Sixth Schedule to the Constitution, or areas under the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland.
• The 1955 Act provides that the central government may cancel the registration of OCIs on various grounds. The 2019 amended Act adds one more ground for cancelling registration, that is, if the OCI has violated any law notified by the central government.  It further states that orders for cancellation of OCI should not be passed till the cardholder is given an opportunity to be heard.

An overview of governance in Delhi

Context:

• The Supreme Court has ruled that the Lieutenant Governor (LG) of the National Capital Territory (NCT) of Delhi can nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) on his own without the aid and advice of its council of ministers.
• This has added to the friction between the Union government, the Delhi government and the local government.

Delhi government and its evolution:

• At the time of the commencement of the Constitution in 1950, Delhi was a Part C State.
• During the States reorganisation carried out in 1956, it was made a Union Territory to be governed by an administrator.
• The MCD was established in 1958, and a limited local government was established since 1966.
• Subsequently, as per the recommendations of the Balakrishnan committee (1989), the Constitution through the 69th amendment (1991) provided for a Legislative Assembly and council of ministers for the NCT of Delhi.
• However, the subjects of public order, police and land were excluded from the Delhi government; the Union government has control over them.
• The Government of NCT of Delhi Act, 1991 contains the detailed provisions relating to its legislature, executive and administration.

Issues:

• Since 2015, the Union government led by the Bharatiya Janata Party (BJP) and the Delhi government led by Aam Aadmi Party (AAP) have been at loggerheads on various issues.
• While political differences play a pivotal role in such conflicts, there are also important legal angles.
• The judgments of the Supreme Court have resulted in amendments to the Government of NCT of Delhi Act that have curtailed the powers of the elected government in Delhi.
• A brief summary of these developments in the last decade is provided in the below Table.

• Apart from the issues between the Union and the Delhi government, the MCD with its elected representatives add another dimension to the problem as was witnessed in the recent unfortunate loss of lives due to electrocution and flooding in Delhi.
• The public at large witnessed the shifting of blame between elected representatives at all three levels.

Way forward:

• As part of its judgment in 2023, the Supreme Court mentioned that there is a triple chain of accountability in a democracy.
• The officials are accountable to the ministers; the council of ministers are collectively responsible to the legislative assembly; and the legislative assembly members are accountable to the people.
• The constant tussle between various layers of government ruptures such a chain of accountability.
• The NCT of Delhi is spread over 1,450 sq kms while the capital of our country ‘New Delhi’ that houses most of the central government offices and foreign embassies is around 50 sq kms.
• In the U.S., Washington DC which is the capital district is spread only around 177 square kilometres.
• A similar approach may be considered where the area in ‘New Delhi’ of 50-100 square kilometres can be under the complete control of the Central government.
• The rest of the areas may be brought under the powers of the Delhi assembly.
• This would require a constitutional amendment after detailed deliberation and consensus.
• Nevertheless, under the existing set up, the spirit of the judgment of the Supreme Court in 2023 should be honoured.
• This would ensure that the people of Delhi get responsible and responsive governance from all three layers of government irrespective of whichever party is in power.