What is SC’s ‘Kihoto Hollohan’ Judgment?

As the political battle in Maharashtra moves to the Supreme Court, the role and powers of the Deputy Speaker are in focus.

In the context of the crisis, references have been made to the landmark judgment in ‘Kihoto Hollohan vs Zachillhu And Others’ (1992).

What is the ‘Kihoto Hollohan’ case?

A constitutional challenge to the Tenth Schedule was mounted, which was settled by the apex court in ‘Kihoto Hollohan’.

The principal question before the Supreme Court in the case was whether the powerful role given to the Speaker violated the doctrine of basic structure.

In this judgment, the Supreme Court upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.

The Supreme Court laid down the doctrine of basic principle in its landmark judgment in ‘Kesavananda Bharati vs State Of Kerala’ (1973).

What does the Tenth Schedule of the Constitution say?

The Tenth Schedule was inserted in the Constitution by the Constitution (Fifty-Second Amendment) Act, 1985.

It provides for the disqualification of Members of Parliament and state legislatures who defect.

It describes the Speaker’s sweeping discretionary powers to make decisions on case of defection.

What did the Supreme Court rule in ‘Kihoto Hollohan’?

The petitioners in ‘Kihoto Hollohan’ argued whether it was fair that the Speaker should have such broad powers, given that there is always a reasonable likelihood of bias.

The majority judgment authored by Justices M N Venkatachaliah and K Jayachandra Reddy answered this question in the affirmative. It read-

The Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House.

They are expected to and do take far reaching decisions in the Parliamentary democracy.

Vestiture of power to adjudicate questions under the Tenth Schedule in them should not be considered exceptionable.

The provisions were “salutory and intended to strengthen the fabric of Indian Parliamentary democracy by curbing unprincipled and unethical political defections.”

What was the dissenting opinion?

Justices Lalit Mohan Sharma and J S Verma dissented and took a different view.

The tenure of the Speaker, who is the authority in the Tenth Schedule to decide this dispute, is dependent on the continuous support of the majority in the House.

Therefore, he does not satisfy the requirement of such an independent adjudicatory authority.

They advocated for an independent adjudicatory machinery for resolving disputes relating to the competence of Members of the House,

This is envisaged as an attribute of the democratic system which is a basic feature of our Constitution.

What about the role of the Deputy Speaker?

Article 93 of the Constitution mentions the positions of the Speaker and Deputy Speaker of the House of the People (Lok Sabha), and Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.

Maharashtra has been without a Speaker since February 2021, and Deputy has been carrying out the responsibilities of the position.

Article 95(1) says: “While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker”.

In general, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House.

All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides.

India’s gig workforce to reach 2.35 Cr by 2030: NITI Aayog

A NITI Aayog report has identified that is expected to grow to 2.35 crore by 2029-30

What is the Gig Economy?

In a gig economy, temporary, flexible jobs are commonplace and companies tend toward hiring independent contractors and freelancers instead of full-time employees.

A gig economy undermines the traditional economy of full-time workers who rarely change positions and instead focus on a lifetime career. e.g Employee models of Uber, Ola, Swiggy etc

In this economy, tech-enabled platforms connect the consumer to the gig worker to hire services on a short-term basis.

Gig workers include self-employed, freelancers, independent contributors and part-time workers.

Where does gig culture exist in Indian Economy?

Sectors such as media, real estate, legal, hospitality, technology-help, management, medicine, allied and education are already operating in gig culture.

The gig economy can benefit workers, businesses, and consumers by making work more adaptable to the needs of the moment and demand for flexible lifestyles.

Key Drivers for Gig Economy

Unconventional work approach by millennials: Hectic lifestyles of employees in private sectors have created a negative perception of full-time employment among millennials.

Emergence of a start-up culture: The start-up ecosystem in India has been developing rapidly. For start-ups, hiring full-time employees leads to high fixed costs and therefore, contractual freelancers are hired for non-core activities.

MNCs are hiring contractual employees: MNCs are adopting flexi-hiring options, especially for niche projects, to reduce operational expenses after the pandemic.

Rise in freelancing platforms: Rise in freelancing platforms has also aided in the development of the gig economy.

Business Models: Gig employees work on various compensation models such as fixed-fee (decided during contract initiation), time & effort, actual unit of work delivered and quality of outcome.

Impact of Covid-19: Many laid-off employees are focusing on developing skills to avail freelance job opportunities and become a part of this burgeoning economy.

Why is Gig Economy preferred by workers?

Profit through multiple work: One can work on freelancing as well as work full-time somewhere else.

Women empowerment: It is very beneficial for womenwho work on this concept when they cannot continue their work or take a break from career due to marriage or child birth.

Leisure and dependency: Retired peoplecan stay active after retirement as this will keep them engaged away from loneliness and depression and can earn as well on their own.

Flexibility and diversity to the workers: It offers flexibility when workers can work according to their convenience and schedule rather than routine like in full-time jobs.

Work from home: The travel costs and energy to travel to the workplace is reduced.

Why is Gig Economy preferred by Employers?

Efficiency, efficacy and productivity of workers in the gig economy are much more than that of a stable full-time job.

More rconomical for employers-when employment givers can’t afford to hire full-time workers, they hire people for specific projects and pay them.

Start-up companies and entrepreneurs – who do not have big financial space – can grow only if they can leverage the services of contract employees or freelancers.

In a gig economy, businesses save resources in terms of benefits, office space and training.

Competition and efficiency among workers is improved.

Challenges faced in Gig economy

No perks and benefits: There are no labour welfare emoluments like pension, gratuity, etc. for the workers.

Job insecurity: Gig workers may face unfair termination. They may also attain minimum wages and less paid leave.

No legal protection: Workers do not have the bargaining power to negotiate a fair deal with their employers.

Unionization of workers will be difficult.

Confidentiality of documents etc. of the workplace is not guaranteed

Urban nature: The gig economy is not accessible for people in many rural areas where internet connectivity and electricity is unavailable.

New classification by NITI Aayog: Platform vs. Non-platform Workers

The NITI Aayog report broadly classifies gig workers into platform and non-platform-based workers.

The consequent platformisation of work has given rise to a new classification of labour — platform labour — falling outside of the purview of the traditional dichotomy of formal and informal labour.

While platform workers are those whose work is based on online software applications or digital platforms.

Non-platform gig workers are generally casual wage workers and own-account workers in the conventional sectors, working part-time or full time.

Recommendations made by NITI Aayog

The NITI Aayog has recommended steps to provide social security, including paid leave, occupational disease and accident insurance, support during irregularity of work and pension plans for the country’s gig workforce.

It has also recommended introducing a ‘Platform India initiative’ on the lines of the ‘Startup India initiative’.

Partners in the Blue Pacific (PBP) Initiative

To reinforce its Indo-Pacific strategy, the US – along with Australia, New Zealand, UK and Japan – announced a new Partners in Blue Pacific (PBP) initiative.

What is Partners in the Blue Pacific (PBP) initiative?

The PBP is a five-nation “informal mechanism” to support Pacific islands and to boost diplomatic, economic ties in the region.

It speaks of enhancing “prosperity, resilience, and security” in the Pacific through closer cooperation.

It simply means that through the PBP, these counties — together and individually — will direct more resources here to counter China’s aggressive outreach.

The initiative members have also declared that they will “elevate Pacific regionalism”, and forge stronger ties with the Pacific Islands Forum.

The areas where PBP aims to enhance cooperation include “climate crisis, connectivity and transportation, maritime security and protection, health, prosperity, and education”.

How is China trying to transform its ties in the Pacific?

As China signed a security pact with Solomon Islands in April, the deal flagged serious concerns about the Chinese military getting a base in the southern Pacific.

This is very close to the US island territory of Guam, and right next to Australia and New Zealand.

The deal, which boosted Beijing’s quest to dominate crucial shipping lanes criss-crossing the region, rattled the US and its allies.

It also triggered urgent moves to counter China’s growing Pacific ambition amid a power vacuum fuelled by apparent lack of US attention.

What is being done by the US and its allies to counter China?

Before launching the PBP this month, the US and its partners started the Indo-Pacific Economic Framework for Prosperity (IPEF).

Away from the Pacific, the G7 on Monday (June 27) announced a plan — Partnership for Global Infrastructure and Investment (PGII) — to rival China’s BRI.

It promises to raise $600 billion to fund development projects in low and middle-income countries.

India State Support Programme for Road Safety

The World Bank has approved a $250 million loan to support the Government of India’s road safety programme for seven States.

Programme for Road Safety

Under this, a single accident reporting number will be set up to better manage post-crash events.

It will be implemented in the States of Andhra Pradesh, Gujarat, Odisha, Tamil Nadu, Telangana, Uttar Pradesh, and West Bengal.

The $250 million variable spread loan from the International Bank for Reconstruction and Development (IBRD) has a maturity of 18 years, with a grace period of 5.5 years.

The project will also establish a national harmonised crash database system in order to analyse accidents and use that to construct better and safer roads.

The project will also provide incentives to States to leverage private funding through public private partnership (PPP) concessions and pilot initiatives.

Road accidents in India: Key takeaways

The report ‘Road Accidents in India 2020’ released by the Union ministry of road transport and highways (MoRTH) provides for key stats.

India has only 1% of the world’s vehicles but 11% of the global deaths from road accidents occur in India.

About 450,000 accidents take place in India annually, of which 150,000 people die.

There are 53 road accidents in the country every hour and one death every four minutes.

Why are there so many road fatalities in India alone?

Weak enforcement of traffic laws: People hardly oblige to traffic rules and find easier to bribe policemen rather than paying hefty challans.

Speeding issue: More accidents on the highways have been attributed to higher vehicle speeds and higher volume of traffic on these roads.

Engineering bottlenecks: Issues such as gaps in the median on the national highways, untreated intersections, and missing crash barriers are some of the biggest engineering issues.

Behavioural issue: Driver violations such as wrong-side driving, wrong lane usage by heavy vehicles, and mass violation of traffic lights, intoxication are the biggest behavioural issues.

Lack of Golden hour treatment: Lack of rapid trauma care on highways leads to such high fatalities.

Imbibing road safety: Way forward

Road safety education

Better road design, maintenance and warning signage

Crackdown on driving under influence of alcohol and drugs

Strict enforcement of traffic rules

Encouraging better road behaviour

Ensuring road worthiness of a vehicle

Better first aid and paramedic care